Terms and conditions

Upon approval of these terms and conditions, and completion of the reservation process, the Guest dates will be reserved. The Clara Creek Company will review your reservation to ensure all information is complete, and correct, and that the reservation meets all requirements including minimum night stay.

LEASE TERM. The Guest shall be allowed to occupy the Premises starting on the check-in date from 4:00 pm EST and ending on the check out date at 11:00am EST.

Completion of this reservation with The Clara Creek Company and authorizing your payment constitutes your agreement to all such terms, conditions, and notice requirements, including but not limited to the cancellation and refund policy. Additionally, Guest consents and agrees to contract (electronically) to reserve this rental according to the terms and conditions of this Agreement. Once your reservation is accepted and payment due is received, you will be issued a confirmation notice.

STANDARD CANCELLATION AND REFUND POLICY: 100 percent refund if canceled in writing up to 14 days before the scheduled reservation. 50 percent refund if the reservation is canceled in writing 7 days before the scheduled reservation. If cancellations are not received in writing in the aforementioned time frames, no refund will be given.

The Clara Creek Company is not able to give refunds or make changes to the reservation due to weather-related issues, acts of God (i.e. snow, wind, rain, power outages), medical emergencies, illness, death, pandemics, or any other causes beyond their control. The Clara Creek Company is also not able to offer refunds for early departures. If you have concerns about a cancellation, The Clara Creek Company strongly suggests you consider third-party travel insurance options.

AGE REQUIREMENT: Booking guest is at least twenty-one (21) years of age and acknowledges that they may be asked to provide proof of age at the time the Reservation is made. Guest is responsible for all other persons staying or visiting the Property during the Reservation. If Guest is not twenty-one (21) years or older, The Clara Creek Company reserves the right to terminate the Reservation without a refund.

PROPERTY CONDITIONS: The Clara Creek Company makes every effort to ensure the property, all equipment, and appliances are in good and working order prior to your arrival. If there is a malfunction, or if Guest has any other issues with the property, Guest must report the issue to The Clara Creek Company immediately by telephone or via email. The Clara Creek Company shall be allowed a reasonable amount of time to restore property to an acceptable condition. Any issues presented after check-out cannot be remedied and are not cause for compensation, from The Clara Creek Company, to the Guest. There is no refund for early departures. Reservation is non-refundable unless the rental unit becomes unfit for habitation as deemed by Management. Under no circumstances shall the Guest be able to determine if a rental unit is unfit for habitation. The Clara Creek Company will not provide any refunds due to the occurrence of any of the following events: (a) malfunctions of equipment and/or property amenities, including but not limited to TV’s, kitchen appliances, electrical equipment, and/or plumbing fixtures (b) failure of public utilities. Notwithstanding the foregoing, the Clara Creek Company will make every reasonable effort available to ensure repairs are made and that all equipment is kept in good working order and condition.

INTERNET ACCESS AND TELEPHONE SERVICE: All properties managed by The Clara Creek Company have wireless internet access provided by the property owner as a courtesy for Guest; however, this service can sometimes be erratic. The Clara Creek Company makes every effort to ensure this service is working properly, but is not responsible for problems with internet service or Guest’s computer. The Clara Creek Company does not provide any technical support and no refunds are issued for internet service problems.

Ponds: There is multiple ponds on the property. Guest accepts and assumes all risk involved in, or related to, the use of the ponds and releases The Clara Creek Company and the homeowner from any and all liability or loss that may result in connection with the use of the ponds.

USE OF PREMISES: Use of Premises shall not be such as to disturb or offend neighbors or other residents. The Clara Creek Company has the right to terminate this Agreement and to ask disruptive Guest(s) to vacate the premises without refunding rent or deposits. Minors (under 18) are not to be left alone or unchaperoned. Guest may not sublet or assign this Agreement or reservation. Guest understands that The Clara Creek Company cannot guarantee that neighboring properties will be free from disturbances and/or not be under construction, being repaired, or maintained in any way, or that State construction projects will not be in progress around the rental property. These disturbances are not a reason for termination of this Agreement, nor is it a reason for a refund.

ADDITIONAL RENTAL RULES: Guest agrees to abide by the following rental rules (hereinafter "Rental Rules") at all times during Guest's stay at the Property. Guest shall also ensure that any person Guest permits on the Property shall also abide by the rental rules:

1. Guest must "baby-proof" the house to their individual safety standards.

2. Guest will use discretion and leverage hand railings where possible for walking on steps and outdoor surfaces.

3. Guest is liable for any property damage occurring during the stay. This includes all furnishings, appliances, mechanicals outdoor spaces, landscaping, green spaces, and trees.

4. Guest must lock doors when exiting the property for extended durations.

5. An assessment will be done on the same day of check-out to determine condition of property and evaluate if any of the security deposit can be returned.

6. Dogs are the only pets permitted at this property and need to be added at the time of the reservation by utilizing the add on feature and paying applicable fee for pets. 2 dogs maximum. No exceptions.

QUIET HOURS: Property quiet hours are from 10:00 PM until 8:00 AM.

MAXIMUM OCCUPANCY: Maximum occupancy for The Gasthaus Lodge is 12 guests. Maximum occupancy of Rustic Cabin is 2 guests. This includes all adults and children. The maximum occupancy is in effect 24 hours a day, including transitory daytime visitors, unless event booking has been secured with the Clara Creek Company. If it is found that the maximum occupancy is exceeded, Guest(s) will be asked to leave without a refund. Guest(s) agrees that premises shall not be occupied by more than the number of guests stated in Guest(s) reservation. Guest(s) agrees that The Clara Creek Company or its agents may enter the premises for the purpose of making necessary repairs, maintenance or to check/verify occupancy when deemed necessary by The Clara Creek Company.

GUEST RESPONSIBILITIES: Rules/Damages/Dangerous Conditions: Guest agrees to read and adhere to all rules and information outlined in any letters or other written materials provided at the Property regarding use of the Property. In the event that Guest creates, causes or discovers any damage or dangerous condition at the Property, Guest shall immediately notify The Clara Creek Company on behalf of Owner of said damage or dangerous condition.

TENTS/TRAILERS: Guest shall not erect tents, park recreational vehicles or trailers on the Property without the prior written permission of the owner or the Clara Creek Company.

TOBACCO/MARIJUANA USERS/CANDLES/FIREWORKS/FIREARMS/EXPLOSIVES/ILLEGAL DRUGS/ILLEGAL SUBSTANCES: Odors are a concern, as are the careless discarding of butts and the potential for fire. As a result, smoking is prohibited anywhere inside the property. Guest may smoke outside and dispose of waste properly- failure to do so may result in the damage deposit not being returned. – Candle/Incense burning is not permitted at the Property, even if there are candles there provided by the Owner for Owner's use. Fireworks are not allowed on the Property. No firearms, explosives or other dangerous items shall be brought to or permitted upon the Property. Further, Guest shall not engage in allow the use of any illicit or illegal drugs (“illegal” as defined by the US Government) or substances at the Property nor shall Guest permit of others in the rental party to participate in such activity. Any violation of this provision of the Rental Agreement shall automatically be a significant and material breach of this agreement.

POLICIES/FAQ’S: Guest agrees that they have reviewed, or will review, and will adhere to the “Policies” and “FAQ” – (Frequently Asked Questions) Sections on The Clara Creel’s website prior to their arrival at the Property which may answer other more specific questions about “Use of the Property”.

DEPARTURE: Guest shall peaceably and quietly leave the Property at the end of the Rental Term and shall leave the Property in good order and condition, reasonable use and wear expected (assuming there has been no cause to sooner terminate the agreement by Owner). Guest will complete the “Guest Departure Checklist/Procedures” located prominently in reference material at the Property prior to final departure.

PERSONAL EFFECTS: Guest should ensure all their personal property items brought onto the Property are covered for repair or replacement by the Guest’s own insurance provider. The Owner is not responsible for the repair or replacement of any of the Guests personal property at any time for any reason.

PROPERTY DAMAGE: Guest authorizes The Clara Creek Company to charge Guest’s credit card for intentional damage, unintentional damage in excess of $200, theft, loss of items from the rental property, excessive cleaning (examples of which include excessive trash removal, excessive laundering, upholstery or carpet cleaning) and all other damages beyond normal wear and tear as determined by The Clara Creek Company. Guest agrees to and understands that the aforementioned charges will occur after departure from the rental property (delayed or amended charges) and hereby authorizes these charges as determined by The Clara Creek Company. In the event Guest leaves the property in a condition where it is unable to be made ready for the next guests, Guest will be responsible for lost rental revenue.

FURNISHINGS: Please do not move any furniture. Please do not take any furnishings outside or to another rental. Outdoor furniture will be noted as such. Please do not rearrange the furniture; there may be a charge for moving furniture back to its original location. Inventory is checked before and after your visit and you will be charged for missing or damaged items.

PETS: Absolutely no pets are allowed in carpeted areas of the home at any time, pets are only allowed in common areas with hardwood floors. A minimum $250 additional cleaning fee will be charged.

SUPPLIES: Guest understands that starter items such as hotel-sized shampoo, conditioner, hand lotion, hand soap, laundry detergent, paper towels, tissues, dishwasher soap and dish soap will be provided for in the properties by The Clara Creek Company. Once these starter items have been exhausted, it is the Guest responsibility to replenish the necessary supplies needed during Guest stay. Other items such as coffee, tea, creamer, filters, spices, etc may be provided by the homeowner and are not provided or guaranteed by The Clara Creek Company.

RENTAL AGREEMENT: The property subject to this Agreement contains items of personal property typical of a personal residence, including but not limited to furnishings, appliances, kitchen items, media, electronics, and games. For purposes of this Agreement, Property refers to all real and personal property within and around the home. Such items are provided to enhance Guest’s rental experience and enjoyment of the Property. Guest agrees to fully reimburse The Clara Creek Company for the repair or replacement cost, at The Clara Creek Company’s discretion, of any damage to the Property.

Guest shall inspect and be familiar with proper use and application of any portion or component of the Property prior to its use. Guest hereby agrees to release, indemnify, defend and hold The Clara Creek Company and Owner, and their employees, members shareholders, heirs, agents and assigns, harmless from any and all claims, damages or causes of action and including, without limitation, attorney fees and costs, arising out of or in any way related to the use of the Property by Guest, or any invitees of Guest. Guest assumes the risk of injury or other losses relating to the use of the Property and any activities conducted thereon, and agrees that the release and hold harmless provisions of this Agreement shall also apply to any activities of Guest and invitees and agents on the Property.

LIMITATION ON LIABILITY: To the extent not covered by the release provisions above, The Clara Creek Company shall not be liable for special or consequential damages such as, but not limited to, damage to or loss of property or equipment, loss of profits or revenue, cost of capital, cost of purchase of replacement goods or property, claims for emotional distress, mental suffering or the like, or claims of any type whatsoever of persons other than Guest.

In all cases, Guest agrees to waive any potential claim for punitive damages of any kind, regardless of the underlying claim or claims. The remedies of the Guest set forth herein are the exclusive remedies available against The Clara Creek Company.

Any liability of The Clara Creek Company with respect to this Agreement or Property covered by this Agreement, or anything done in connection therewith, such as the performance or breach of the Agreement, or maintenance, rental, or management of the Property, whether statutory, or arising in negligence, contract, tort, strict liability, or under warranty, or otherwise, shall not exceed the sum of rent collected by The Clara Creek Company under the rental contract giving rise to the claim. Guest acknowledges that this limitation of liability is directly tied to the price charged by The Clara Creek Company for the Property under this Agreement.

MERGER: The duties and liability limitations of The Clara Creek Company are set forth in their entirety in this writing. NO OTHER WARRANTIES are given. Guest hereby waives any and all express and implied warranties available by contract, applicable law, or otherwise.

SEVERABILITY: If any provision of this Agreement is determined to be illegal or unenforceable, the validity of the remaining provisions hereof shall not be affected hereby; 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.

MODIFICATIONS: Modifications to this contract must be in writing and signed by an authorized representative of The Clara Creek Company. Oral modifications are not enforceable.

CLAIMS: The Clara Creek Company and Guest hereby waive any and all rights under applicable law to a trial by jury in any action, proceeding or counterclaim brought by either party against the other.

All claims to be asserted under the terms of this Agreement shall be asserted within one year after the Departure Date on the first page of this Agreement. Any controversy or claim arising out of or relating to this Agreement, including, without limitations, the making, performance, or interpretation of this Agreement, shall be settled by arbitration.

Notwithstanding the above, The Clara Creek Company may file action in the appropriate small claims court to collect damages within the jurisdiction of that court. Guest agrees that it will not seek a jury trial or otherwise seek to remove the action from the small claims department. In the event that Guest files a counterclaim, it may not exceed the jurisdiction of the Small Claims Department. A counterclaim by Guest that exceeds the jurisdictional limit of the small claims department shall be subject to the arbitration provisions herein.

CHARGEBACKS; FEES: Guest agrees that in the event Guest disputes any credit card or debit card charges by The Clara Creek Company with their financial institution or credit card issuer and said dispute is resolved in favor of The Clara Creek Company, Guest will be responsible for all fees associated with the dispute plus $100.

APPLICABLE LAW: This Agreement shall be governed by and construed in accordance with the law of the state of Pennsylvania. If any suit or action is filed by any part to enforce this Agreement or otherwise with respect to the subject matter of this Agreement, exclusive venue shall be in the court for Potter County, Pennsylvania.

Nothing in this provision shall be deemed to diminish in any way the obligation of the parties to arbitrate any dispute.

ARRIVAL AND DEPARTURE:

Check-in is 4:00 PM (or later)

Check–out is 11:00 AM (or earlier)

Early check-in or late check-out times must be have prior approval at The Clara Creek Company.

Guest(s) shall leave premises in clean, undamaged condition. Upon your departure follow the check-out guidelines posted in the property and below. The property should be in a reasonably clean condition, similar to the way you found it. The cleaning fee covers laundry, sanitization, and cleaning associated with “normal” use.

-Strip sheets and pillowcases, place in one of the pillowcases and leave on the bed

-Leave all dirty towels and wash/dishcloths in the laundry basket on the washer

-Load and start the dishwasher

-Take any groceries you brought with you

-Pull the bathroom trash bags and combine them with the kitchen trash

-Place all garbage (in tied bags) in the cans across the road (no loose garbage)

-Open a window in any rooms your party occupied (warm weather only)

-Make sure the TV remote is back on the shelf under the TV

-Double check to be sure you have all personal items, including chargers

-Lock all doors

-Send a quick message or text 716-790-9966 to let us know you’re heading out

-Travel safe! :)

Please make sure you have not left any belongings, check drawers, closets and showers. The Clara Creek Company is not and cannot be held responsible for lost or stolen items. A service charge and postage costs are required if Guest requests The Clara Creek Company to pick-up and mail any items left in the property you occupied.

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