Yaquina Bay Club - Newport

Dear Valued Guest, Thank you for choosing our home for your vacation. We hope that you have a wonderful stay! A great deal of love and care goes into each of our homes. We renovate, design and stage our homes to provide a wonderful guest experience. No detail is too small, and we are fully committed to your guest experience. We have provided everything we can think of to ensure you have a wonderful stay. However, we are always available should you have questions, or if there is anything we can do to further enhance your stay. In turn, we ask that you treat our home as you would your own, and appreciate your observance of our house rules as a guest in our home. Please review the attached rental guidelines outlined below. They address the rules and requirements we have for our homes for you as the renter and all of your guests. By booking our home, you are accepting these conditions electronically through the Reservations System for yourself as well as your guests for whom you are responsible. Thank you. Best Regards, Lauri Hines Dream Homes of Oregon 1. BOOKING RULES 1.1 Payment. Security Deposit and partial payment to hold reservation, balance due in full on or before 30-days prior to arrival. 1.2 Trip Insurance. Host strongly encourages Guest to purchase trip insurance at the time they book their trip. We provide lodging only and are not a trip insurer. Although there are many options when purchasing trip insurance, Host recommends (Website hidden by Airbnb) or squaremouth. 1.3 Cancellations. Host does not provide refunds on all or part of a trip once it has been booked unless the cancellation occurs more than 60 days prior to trip commencement. Cancellations made outside of the 60-day arrival date will be refunded in full except for a $200 cancellation fee. 2. RENTAL / HOUSE RULES 2.1 Check-In Time. Check-in time is 4:00 p.m. and check-out is 11:00 a.m. Guest should contact Host if Guest would like to request an early check-in or late check-out. Host will try to accommodate requests. Please note, Host is unable to accommodate same-day requests for late check-out due to the cleaning company’s scheduling. 2.2 Cancellations. Cancellations or changes that result in a shortened stay, or that are made within sixty (60) days of the arrival date, forfeit the full advance payment and reservation deposit. Cancellation or early departure does not warrant any refund of rent. Cancellations made outside of the 30-day arrival date will be refunded in full except for a $200 cancellation fee. 2.3 Non-Smoking. This is a non-smoking home. A minimum $250 cleaning fee will be assessed if there is any evidence of smoking in the home. Please note that "Smoking" refers to the smoking of any substance including, but not limited to, cigarettes, cigars, marijuana, vapes, and e-cigarettes. Smoking is allowed in the yard or patio; however, the charge will be applied if cigarette butts or other debris are not removed and disposed of safely in the outdoor trash container. 2.4 Maximum Occupancy. The maximum number of Overnight Guests is limited to the maximum shown on the listing. For Newport properties, in accordance with the City of Newport's Vacation Rental Endorsement Requirements, all Overnight Guests must provide Host with the full legal name of each Overnight Guest, as well as each Overnight Guest's home address, email address, and the make and model of each vehicle parked on the property, prior to arrival. There is a per-diem charge for additional Overnight Guest detailed on each listing. Overnight Guest occupancy may be observed through exterior cameras. There are no interior cameras at any property. No Overnight Guest may stay at the property unless that Overnight Guest is disclosed as indicated herein. Guest agreement with Overnight Guest's and Visitor's related to use of the property is between Guest and all other Overnight Guests and Visitors. Guest is fully responsible for all other Overnight Guests and Visitors. 2.4.1 Guest may not have Visitors in excess of the maximum occupancy. When determining whether Guest is compliant with the maximum occupancy of the property, the maximum occupancy includes Guest, all Overnight Guests, and all Visitors, including children. 2.5 Causes for Immediate Cancellation with NO REFUND. If Guest is observed to be hosting any party, gathering or event without prior written authorization and a signed contract, proof of insurance, and event payment will be canceled immediately, evicted by law enforcement, and will not be entitled to a refund of any sort. Guest will be subject to additional per-diem charges for additional Overnight Guests and other fees as outlined elsewhere in the Lodging Agreement. If Guest violates this Paragraph, Guest will be reported to hosting platforms as having violated Host Rules, and may thereafter be prohibited on some platforms. Guests may not have Visitors in excess of the maximum occupancy. Guest and Guest's Group, including Overnight Guests and Visitors, may not engage in any illegal behavior, including drug use or criminal activity. Guest and Guest's Group may not make noise that can be heard outside the exterior of the home after 10:00 PM. Noise monitoring devices may be on premises. Any violation of the policies contained herein is cause for cancellation under this Paragraph without a refund of any kind. 2.5.1 House Rules. Guest shall abide by all House Rules provided to Guest via booking platform, mail, e-mail, personal delivery, or those which are provided at the property. Violation of House Rules shall be cause for immediate termination without refund and any other recourse described by Paragraph 2.5 or this Agreement at Host's discretion. 2.6 No Crab Cooking Inside. Crab cooked inside the house creates smells that can only be removed by ozone treatments. Guest shall not cook crab inside the home. There are a number of vendors who will cook crab in their facilities, including the South Beach Market in Newport. There is a $250 charge for crab cooked inside Host's home. 2.7 Guest Cleanliness. 2.7.1 Shoes. No shoes inside the house, please. 2.7.2 Trash. Host has a valet service, so the trash company will remove trash each week. If Guest's trash exceeds the capacity of the bin, please DO NOT stack trash around the bin. This will cause extra charges. There is a $25 charge per bag for leaving trash outside the bin. 2.7.3 Recycling. There are recycling bins onsite. Please note that Host may only recycle cans and bottles marked OR $.10. 2.8. Pets. Most of Host's properties are dog-friendly. Please help Host keep those properties a dog-friendly destination by keeping pets off of the furniture at all times. 2.8.1 Pet Fur. Pet fur on the furniture or bedding is not included in the standard cleaning fee, and removal is charged back at $50 per half-hour with a one-hour minimum. Damage to leather and other furniture from pet nails will be charged back at Host's sole discretion up the full value of the furniture. 2.8.2 Pet Waste and Accidents. Should Guest's pet have an accident, please clean it immediately so that it does not become a “marking” spot. All pet waste on the grounds must be picked up, bagged, and put in the outdoor trash bin prior to Guest departure. Any pet waste left on the property is charged back to the Guest at $50 per half hour, with a one-hour minimum. 2.8.3 Do Not Leave Pets Unattended. Please do not leave pets unattended in the house unless they are crated. Unattended dogs have caused damage to the house, and further incidents may cause Host to revisit the pet policy, which Host hopes to not have to do. Many otherwise well-behaved dogs suffer from separation anxiety when left alone in a strange setting and may chew or be destructive as a result. 2.8.4 Damage. Damaged items will be charged back to the Guest up to full replacement value, depending on the level of damage as determined by Host. 2.9 No Daily Housekeeping Service. While linens and towels are provided at the house, daily maid service is not included in the rental rate. 2.10 Parking. Please Park in spaces reserved for the property. Please be respectful of spaces reserved for other properties. 2.10 Lights and Candles. Host provides LED candles at most properties to provide ambiance. Host asks guests to turn off all LED candles, using either the remote or switch on the bottom of the candle, when not in use. Please turn off all lights when you are away. 2.11.1 Wax Candles. Wax Candles that are lit with an open flame are not allowed on the property unless otherwise indicated in writing. 2.12 Heating | Fireplaces. Most of the fireplaces in Host's properties are gas or electric. For wood burning fireplaces, please note that Host does not provide wood for the firepit or outdoor fireplaces, so Guest may wish to stock up prior to arrival. 2.13 Televisions and Other Electronics. Recently Host have seen many guests bring their own devices to use with Host's TVs. While this is permitted, Guests often do not re-connect the televisions, leaving them inoperable for the next guests to arrive. This has occurred so frequently, and caused so much inconvenience to incoming Guests, that Host is now obligated to charge $100 for each television or other electronic device left inoperable upon Guest departure. 2.14 Spa Rules and Safety. 2.14.1 Prohibited Items. For Guest comfort and safety, please: No glass containers in spa No diapered or unattended children in spa No food in spa No oil or bubbles in spa Rinse before entering spa Please use caution when entering and exiting spa Please close spa cover after exiting spa 2.14.2 Evidence of prohibited items in the spa will be charged back at Host's sole discretion with a $50 minimum charge, up to full replacement value of the spa if misuse from Guest is the cause of damage. 2.14.3 Towels and Robes. Spa robes have been provided for Guest comfort. Please wash worn white robes with white towels and worn navy robes with beach towels, and start them in the dryer prior to departure. Please note that there is a $60-$100 surcharge for any misplaced or damaged robes. 2.15 Furniture and Décor. Please do not move or rearrange the furniture or decor. The homes are designed specifically with the items in place and moving them can cause damage to the floors, walls into the items themselves. There is a $50 per half-hour, one-hour minimum re-stocking fee for moving items back to their original location as well as a charge for any damage done to the floors or furniture due to Guest rearranging of the furniture. There is also a $50 per half-hour, one-hour minimum charge for any dishware, glassware, silverware or cookware that is moved between homes in our multi-home bookings. 2.16 Grills. Host has relied on an honor system in the past by simply asking guests to clean the grill after each use. Because this request has not been consistently honored, and in consideration of future guests, Host will charge $100 for any grill that is used and not cleaned by Guest. Cleaning a grill is very easy after each meal when the grill is still hot. Please use the provided grill brush. 2.17 Rent | Fee Discounts. Over time, Host has added many amenities in the interest of guest-comfort without substantially increasing rental rates. For that reason, Host does not issue rent or fee discounts except for non-habitability issues. Host makes every effort to keep the property well maintained for your enjoyment and ask that Guest contact Host immediately on check-in if there are any items in need of attention. 3. DEPARTURE RULES 3.1 Unauthorized Late Checkouts. With advance notice, Host is occasionally able to allow late checkouts. Unauthorized late checkouts cause additional charges from Host's cleaning team when they must wait to clean. It also creates delays, refunds, and in extreme cases, cancellations for incoming guests. 3.1.1 Unauthorized late check-outs will result in a $50 charge per half hour, or part of a half hour period, for the first two hours (e.g., an unauthorized late checkout which is 31-minutes late will be assessed as a $100 late charge). 3.1.2 After two hours, Guest is responsible to pay a full day’s rental at the then-daily rate. This does not entitle Guest to further possession of the premises. 3.1.3 Guest is additionally responsible for the cost to Host of any relocation, cancellation or any concessions paid to subsequent guests due to Guest’s unauthorized late check out at Host's sole discretion. 3.1.4 If Guest remains in the premises more than two hours after the check-out time, Guest will be removed by law enforcement and may be subject to civil penalties in addition to Host penalties. 3.2 Departure. Upon departure, Guest must make sure that: All dishes, silverware, glassware and pots and pans are started in the dishwasher or hand-washed. Front door is locked, house key(s) are left in lockbox, and lockbox combo is scrambled with the cover closed. All linens are undamaged and accounted for. All towels and robes are washed and started in the dryer (except The Landing; please put all used towels and robes in the shower.) All lights and fireplaces are turned off, including exterior lights. All thermostats are set to 60 degrees. All doors and windows are locked. All remotes are accounted for. All TV’s and electronics are left operable in their original condition. If Guest is staying in one of Host's properties with two separate homes, all dishware, cookware, glassware and silverware must be in their original home/location. Please note that there is a $50 per half-hour charge for locating and returning items moved to another home, with a one-hour minimum. 4. REVIEWS 4.1 Recitals. (A) Reviews are important to consumers. Host recognizes the importance of reviews, and commits to providing fair and unbiased reviews of guests on all public forums. (B) Host's business reputation is very important. Host's properties and service are highly rated. Host encourages feedback and, of course, loves five-star reviews from guests. (B) The review process can be confusing in certain platforms. A four-star review seems like it would be pretty good. But even a four-star review can result in de-listings. A three-start review might seem like an adequate review but can cause serious issues for guests and hosts. Host understands the consequences of both positive and negative reviews when Host reviews their guests and expects guests to understand the consequences of reviewing Host. (C) Negative reviews affect Host cumulatively. While one review may not result in Host being de-listed, de-ranked, having badges, achievements, or special designations removed, or being temporarily or permanently suspended from a Booking Site, website, platform, app, application, or other medium by which guests rent Host's property or properties, negative reviews will cumulatively result in the aforementioned actions against Host. (D) Five-star does not mean perfect, but that the host reasonably resolved issues and the property was as presented in the listing. While there are typically some issues with rental relationships, we strive to solve legitimate issues as quickly as possible. 4.2 Honest, Independent, and Fair Reviews. Guest agrees and understands that any public comment or review left by Guest shall be honest, independent, and fair. Guest agrees not to omit information which would otherwise make the review misleading or false as a result of the omission of such information. 4.3 Opportunity. Guest agrees to give Host fair opportunity to correct any issues that may arise during Guest's rental. Host agrees to do the same for Guest. Guest agrees to not leave any negative review without first putting forth a good-faith effort to address the reason for a negative review with Host. 4.4 True and Correct Identity. If Guest elects to leave a review, Guest agrees to use their true and correct identity in making such review. 4.5 Unfair Leverage | Discounts. Sometimes, guests will use reviews as unfair leverage to get something else. Guest agrees to not use any review as leverage to procure any action, inaction, refund, or derive other monetary or nonmonetary benefit from Host or Booking Site. 4.6 Listing Information. Sometimes, guests do not carefully read the listing information, house rules, or other information provided by Host. Guest agrees to not reduce a rating or leave negative comments about items that were disclosed in the listing, the house rules, this Agreement, or other communication from the Host. If there is something Guest thought was less than 5-Stars but was disclosed in the listing information, house rules, this Agreement, or other information provided by the Host, Guest agrees to fully disclose that fact as part of any review. 4.7 Request to Remove Reviews. Upon demand by Host or Host's attorney, Guest agrees to remove all Non-Compliant Reviews within 7-days following the date such a demand is sent by Host or Host's attorney. If Guest fails to remove a Non-Compliant Review within 7-days after Demand, Host may seek damages exceeding those stated in Paragraph 4.8 and Sub-Paragraph 4.8.1. 4.8 Agreement to Liquidated Damages. Guest and Host agree that, in the event Guest fails to comply with any of the terms or provisions of Section 4 of this Agreement (a "Non-Compliant Review"): (a) a Non-Compliant Review will constitute breach of contract; (b) Host will incur harm as a result of said breach; (c) Host's damages would be uncertain and difficult (if not impossible) to accurately estimate due to the cumulative effect of the reviews where not all negative, Non-Compliant Reviews will result in adverse action against Host by the listing companies through which Host lists Host's properties, but all negative, Non-Compliant Reviews will have a cumulative effect on Host and will cumulatively result in adverse action against Host including, but not limited to, de-listing, de-ranking, having achievements and special designations removed, suspensions from bookings sites, platforms, and applications, and permanent suspension from booking sites, platforms, and applications; (c) it would be unfair for the Guest whose Non-Compliant Review triggers adverse action against Host to bear the entirety of damages which cumulatively arose from previous breaches; (d) that Liquidated Damages described in Sub-Paragraph 4.8.1 are a reasonable estimate of the actual damages a Guest leaving a Non-Compliant Review contributes to the overall cumulative effect of Non-Compliant Reviews on Host's property listings; and (e) that the Liquidated Damages described in Sub-Paragraph 4.8.1 are fair and reasonable and would not constitute a penalty to a breaching Guest. 4.8.1 Liquidated Damages. Accordingly, Guest agrees to pay as Liquidated Damages an amount equal to 7-days rental rate for the property, properties, home, or homes for which Guest gave a Non-Compliant Review for the 7-days following Guest's Non-Compliant Review and authorizes payment of Liquidated Damages from the card on file with Host. 4.8.2 Effect of Removal. Because negative, Non-Compliant Reviews negatively impact Host's standing with websites, Booking Sites, platforms, apps, and applications notwithstanding their removal, Guest's removal of a Non-Compliant Review shall not absolve Guest of Liability under Section 4, Paragraph 4.8, Sub-Paragraph 4.8.1, or any other applicable term of this Agreement. 4.8.3 Guest Liability for Reviews. Guest assumes liability for reviews left by persons other than Guest including, but not limited to, Overnight Guests and Visitors, which reasonably relate to Guest's rental. 4.9 Defamation, Slander, and Libel. Paragraph 4.8 and Sub-Paragraph 4.8.1 are limited to those damages Host might seek for breach of contract pursuant to Guest's violation of Section 4 of this Agreement and nothing in Section 4 or Paragraph 4.8 shall be construed to bar Host from seeking damages for reviews which are defamatory, slanderous, or libelous. 4.10 Removal of Reviews. Paragraph 4.8 and Sub-Paragraph 4.8.1 are limited to those damages Host might seek for breach of contract pursuant to Guest's violation of Section 4 of this Agreement and nothing in Section 4 or Paragraph 4.8 shall be construed to bar Host from demanding that Non-Compliant Reviews be removed or seeking injunctive relief or other relief to compel Guest to remove non-compliant reviews. 5. LEGAL DISCLOSURES 5.1 Definitions. As used in this Agreement, the following definitions shall apply: 5.1.1 Host. "Host" shall mean Lauri Hines, Roy Neff, Dream Homes of Oregon, Real Estate Investment Advisors, Inc., together with their respective lenders, lessors, affiliates, subsidiaries, employees, contractors, independent contractors, successors, assigns, heirs, officers, directors, shareholders, partners, managers, members, and agents of every kind. 5.1.2 Guest. "Guest" shall mean the person or persons who reserved the rental at any Host property. When any rule, requirement, or term of this Agreement is placed on Guest, "Guest" shall also include all Overnight Guests and Visitors, and Guest shall bear all legal liability for the action of any Overnight Guest or Visitor, subject to Host's discretion. Where used, "Guest" shall include both the singular and the plural. 5.1.3 Overnight Guest(s). "Overnight Guest" shall mean any and all persons, regardless of age, who stay overnight at Host's property. 5.1.4 Visitor(s). "Visitor" shall mean any and all persons, regardless of age, who visit Host's property but do not stay overnight. 5.1.5 Booking Site. "Booking Site" shall mean the website, app, application, or other method by which Guest reserved their rental of Host's property. 5.1.6 Non-Compliant Review(s). "Non-Compliant Review" shall mean a review which does not comply with the terms of Section 4 of this Agreement. 5.2 Amendment and Waiver. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by Guest and Host. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 5.3 Indemnity. Host shall not be liable to Guest for any injury to person or damage to property or for consequential damages of any nature on or about the property except for Host's willful misconduct. Guest agrees to indemnify, defend, and hold harmless Host from any and all claims, demands, causes of action, losses, liabilities, judgments, attorney fees, expenses, costs, disbursements, or damages arising from any accident, incident, injury, or damage, howsoever and by whomsoever caused, to any person or property occurring in, on, or about the property, except to the extent such accident, incident, injury, or damage is caused by the willful misconduct of Host. 5.2 Waiver of Liability. Guest agrees that Host is not responsible for any accident, injury of any and all kinds, or illness, whether to person or property, that may occur while on the premises or its facilities. Host is not responsible for the loss of personal belongings or valuables of Guest. 5.3 Choice of Law. This Agreement and any addenda shall be governed by, construed, and enforced in accordance with the laws of the State of Oregon, regardless of any conflict of laws principles. 5.4 Exclusive Venue. Any litigation, action, or proceeding of any kind arising from, or which is in any way related to, this Agreement shall lie in the Circuit Court for the County of Clackamas in the State of Oregon. If Federal Diversity Jurisdiction exists, venue shall lie in the United States District Court for the District of Oregon, and each party hereto expressly waives any right to contest such venue for any reason whatsoever. 5.5 Attorney Fees and Costs. If either Party is required to file a lawsuit to interpret or enforce the terms of this Agreement, the prevailing Party in such suit shall be entitled to its costs, disbursements, and reasonable attorney fees incurred therein, both at trial and on appeal. 5.6 Headings. The headings used in this Agreement are solely for convenience of reference and are not part of this Agreement. The headings shall not be considered in construing or interpreting this Agreement. 5.7 Severability. If any provision of this Agreement is determined to be illegal or unenforceable, the validity of the remaining provisions shall not be affected, and such illegal or unenforceable provision shall be deemed modified to the minimum extent necessary to make it consistent with applicable law and, in its modified form, such provision shall then be enforceable and enforced. 5.8 Entire Agreement. This document is the entire agreement between the parties with regard to the matter set forth. 5.9 Representation of Comprehension. In entering into this Agreement, the Parties represent that each has read this Agreement, fully understands it, and voluntarily accepts the same. BY SIGNING MY NAME BELOW, I AGREE THAT I CAREFULLY REVIEWED THIS LODGING AGREEMENT BEFORE SIGNING IT AND I AGREE TO THE TERMS AND CONDITIONS SET FORTH ABOVE: _______________________________ Date Guest Signature _________________________________ Guest Name (Print)No smokingNo parties or eventsCheck-in is anytime after 4:00 PM