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Great Lake Stays Vacation Rentals
Terms & Conditions / Occupancy License Agreement
Occupancy License Agreement
Thank you for booking a property with Great Lake Stays. This Agreement describes the terms and conditions of your booking and is between you and any guests staying in the property with you (collectively “Guests” or “You”) and Great Lake Stays Vacation Rentals (“Great Lake Stays” or “Manager”).
Check-In / Check-Out Times
Check-in begins after 4:00 PM (CST). Parking in the accommodation driveways and/or unloading of personal items prior to 4:00 PM is not permitted. Our teams will need unrestricted access to the accommodation preparing for your arrival until 4:00 PM. Check-out time is 10:00AM (CST). No early check-in or late check-outs will be permitted unless expressly written by Great Lake Stays. Attempted early check-in prior to 4:00 PM or guests not checked out promptly at 10:00 AM will be billed a full day’s rate. Refunds are not given for late arrivals or early departures.
Smoking Policy
Smoking is not permitted in any Great Lake Stays property. Smoking is not permitted anywhere on the property, including outside. Guests who violate this policy will be charged an additional $1,000, plus the expense of any necessary cleaning. Violations may also result in immediate eviction and forfeiture of all amounts paid to Great Lake Stays.
Pets + Service Animals
Pets and service animals are not permitted in any Great Lake Stays property. Guests who violate this policy will be charged an additional $1,000, plus the expense of any necessary cleaning or damages. Violations may also result in immediate eviction and forfeiture of all amounts paid to Great Lake Stays.
Age Requirements.
All of Great Lake Stays’s vacation accommodations are family properties absent exceptions being explicitly granted by Great Lake Stays. No properties will be licensed to vacationing students or young adults under the age of 25 unaccompanied by a responsible parent or guardian at a ratio of four (4) young adults to one (1) adult over the age of 25. A parent or guardian must be staying in the property at all times. Guests who violate this policy are subject to immediate eviction and forfeiture of all payments made to Great Lake Stays in Great Lake Stays’s sole discretion. In accordance with Indiana Statutes, reservations made under false pretense are null and void and check-in will not be allowed, or guests will be asked to vacate the accommodation. This policy includes reservations made by parents or guardians who do not check-in, and/or who leave overnight during the length of the stay.
Maximum Occupancy
The maximum number of sleeping guests per accommodation is based on the individual accommodation’s ability to comfortably and safely house our guests. If the maximum occupancy is exceeded, you are subject to immediate eviction and forfeiture of all payments made to Great Lake Stays in Great Lake Stays’s sole discretion. Parties, weddings or gatherings that violate this provision and are not pre-approved in writing by Great Lake Stays may result in immediate eviction and forfeiture of all payments made to Great Lake Stays.
Damage Policy
Guests are responsible for the property, its contents, and themselves during occupancy. Guests must lock windows and doors securely when not on the premises. Rearranging the furniture or removing any items from the property is prohibited. Guests shall not make any alterations, additions or improvements to the property, including, without limitation, installing any fixture, apparatus, equipment, paint, or device of any kind in or upon the interior or the exterior of the property, or cut or drill into the property. After check-out, Great Lake Stays will inspect the property for damage, missing items, and abnormally dirty appearance. During that inspection, if Great Lake Stays determines damage is present, items are missing, or the property is abnormally dirty, Great Lake Stays will repair the damage, replace the missing items, and/or perform a deep clean of the property at the guest’s expense. Guest authorizes Great Lake Stays to charge the credit card on file to reimburse it for any such expenses.
Non-Refundable Booking Fee
A booking fee is added to each reservation for the processing of your reservation and is nonrefundable upon cancellation.
Payment
Full payment equal to 100% of the total booking charges is due at the time of reservation, unless otherwise agreed to in writing. We only accept credit cards as payment.
Cancellations
Reservations may be cancelled or shortened only if you provide timely written notice to Great Lake Stays prior to the Cancellation Period Expiration set forth below. If timely canceled or shortened, the full amount of your reservation deposit will be refunded, less a 3% processing cancellation fee. In the event of cancellations or shortened stays made after the Cancellation Period Expiration, you will be responsible for the full amount of the total booking charges.
Cancellation Period Expirations:
60 Days prior to Guest Check-In: 100% refund
30 Days prior to Guest Check-In: 50% refund
14 Days prior to Guest Check-In: 0% refund
License to Occupy.
The parties acknowledge that by virtue of this Agreement, Great Lake Stays is granting a revocable license for guest, and guest’s invitees, to occupy the Great Lake Stays property subject to the terms of this Agreement. Great Lake Stays may revoke this license at any time guest or guest’s invitees are in default of this Agreement. Upon such revocation, guest will immediately vacate the property. It is mutually agreed and understood that this Agreement is not intended to create a Landlord-Tenant relationship by and between Great Lake Stays. This Agreement is not assignable by guest. Any purported assignment hereof shall be void and of no force or effect.
Severe Weather and Power Outages.
No refunds or credits will be made to guests for weather related issues, closures, or power outages.
Housekeeping.
A housekeeping fee will be added to all reservations, regardless of the number of nights booked. The fee varies depending on the size of the property and is applied to cleaning, laundry and set-up amenity costs. Guest vacation accommodations will be cleaned to our quality standards prior to arrival and after departure. You will be responsible for the cleaning of your property during your stay and for leaving the unit in good condition at check-out. We respectfully request that you remember that you are staying in someone’s home during your vacation; please treat it with the care you would your own. If a property is found abnormally dirty at check-out, additional charges will be charged to your credit card to assist in performing a deep cleaning of the property.
Garbage.
Garbage pick up is once a week on Monday mornings. Guests must place all garbage in the red colored bins. Garbage not placed in the bins will not be hauled away. Guests must also break down cardboard boxes. We request you be courteous with your can usage and allow space for trash in the bins for guests staying after you. We request guests checking out on Sunday or staying Sunday night follow the garbage procedures in your check in instructions. Guests who violate this policy will be charged an additional $500.
Maintenance.
During your stay, promptly report any maintenance problems to Great Lake Stays. No refund or rate adjustment will be made for unforeseen failures such as the supply of electricity, water,heat, air conditioning, telephone, television or cable service, appliances, etc.
Security of Persons and Personal Property.
Great Lake Stays is not responsible for any acts of violence against guests or theft, vandalism, or other damages to the personal property of guests during guests’ stay at a Great Lake Stays property. Great Lake Stays is also not responsible for personal items left by a guest in the accommodation at departure.
No Subletting
The Great Lake Stays property in whole or in part may not be sublet. Your reservation is not transferable to any other party.
Good Neighbor Policy
Please remember you are staying in someone's home during your vacation. Please treat it with care and leave it in good condition at check-out. In addition, please be aware of volume, trash, and parking in consideration of the local community.
Firearms, Weapons, Ammunition and Drug Policy
Because of the risk of firearms being left behind, which poses an unacceptable risk for employees, vendors, and future guests, Great Lake Stays prohibits persons from carrying or otherwise possessing firearms, ammunition, or weapons at any Great Lake Stays property, including carrying firearms in an open or concealed manner. This policy applies to all firearms, including airsoft and BB guns. Guests who fail to abide by this policy are subject to immediate eviction and forfeiture of all payments made to Great Lake Stays in Great Lake Stays’s sole discretion. Guests who fail to abide by this policy may also be subject at minimum to a fine equivalent to the full amount paid for the reservation should the firearm be left behind and will not be eligible to rent with Great Lake Stays in the future. Furthermore, Great Lake Stays prohibits persons from carrying or otherwise possessing any illegal drugs at any Great Lake Stays managed property. Because of the risk of drugs being left behind, which poses an unacceptable risk particularly for future guests with children, Great Lake Stays requires that guests remove any illegal or legal drugs and all prescription drugs upon their departure. This includes but is not limited to: prescriptions, over-the counter medications, and/or any paraphernalia. Guests who fail to abide by this policy may be subject to a fine equivalent to the full amount paid for the reservation and may not be eligible to rent with Great Lake Stays in the future.
Hot Tub Usage
Release of Liability, Waiver of Claims, Express Assumption of Risk and Indemnity Agreement In consideration for receiving access and/or permission to use any spa or hot tub (“Activity”) at your Great Lake Stays property or otherwise made available to you as an amenity in conjunction with your accommodation by Great Lake Stays and the owner(s) of the Great Lake Stays property (“Owners”), you, your guests, and your invitees (“You”) hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS for any and all purposes Great Lake Stays, Owners, and their respective officers, servants, agents, volunteers, or employees (herein collectively referred to as “RELEASEES”) FROM ANY AND ALL LIABILITIES, RESPONSIBILITIES, CLAIMS, DEMANDS, CAUSES OF ACTION OR INJURY, INCLUDING DEATH, that may be sustained by You or your guests or invitees while participating in such Activity, whether caused by RELEASEES’ active or passive negligence. You agree You are fully aware there are inherent risks involved with Activity, including but not limited to possible physical injury (including, but not limited to broken bones, strains, sprains, bruises, concussions, heart attack, heat exhaustion) and loss of life and You choose to voluntarily participate in said Activity with full knowledge that said Activity may be hazardous to You. YOU VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL OR EMOTIONAL INJURY, INCLUDING DEATH, that may be sustained by You as a result of participating in said Activity, whether supervised or unsupervised. You further agree to indemnify and hold harmless the RELEASEES for any loss, liability, judgment, settlement, damage or costs, including court costs and attorney’s fees for both the trial and appellate levels that may occur as a result of or in any way related to Your participation in said Activity, whether caused by RELEASEES’ active or passive negligence or otherwise. You agree to be responsible for the day to day general safety conditions of any hot tub at your Great Lake Stays Property. This includes, but is not limited to, keeping the spa and/or hot tub clean of debris, keeping the spa and/or hot tub areas clean, neat and organized, keeping all gates and doors locked and the spa and/or hot tub area secured at all times, and operating the spa and/or hot tub in a safe, responsible manner. You understand that RELEASEES may not maintain any insurance policy covering any circumstance arising from Your participation in this Activity or any event related to that participation. You hereby certify that you are at least 25 years of age and you are legally competent to enter into this Agreement, including the release, waiver, assumption, and indemnity provisions contained herein. You agree that it is your express intent that this release shall bind the members of your family and spouse if you are alive, and your heirs, assigns and personal representatives, if you are deceased, and shall be governed by the laws of the State of Indiana.
Notices
All notices required or permitted under this Agreement will be in writing and sent by certified mail, return receipt requested, by reputable oversight courier, by hand delivery, or by email, [email protected]. The notice address for Great Lake Stays is: MAIL – 35 S Racine APT 4NE, Chicago, IL 60607. The notice mailing and email address for guest shall be such addresses provided by guest to Great Lake Stays during the reservation process. Any notice sent in the manner set forth above shall be deemed sufficiently given for all purposes hereunder (i) in the case of certified mail, on the third business day after deposited in the U.S. mail, (ii) in the case of overnight courier or hand delivery, upon delivery, and (iii) in the case of email the date of the email as evidenced by a delivery receipt.
Applicable Law.
This Agreement shall be governed by, construed under, and enforced and interpreted in accordance with the laws of the State of Indiana, excluding its principles of conflicts of laws.
Venue, Jurisdiction, and Attorneys’ Fees.
The exclusive venue for any civil action related to this Agreement or the course of dealings between the parties is the County and Circuit Courts sitting in Starke County, Indiana. The parties hereby submit to the personal and subject matter jurisdiction of all the courts in the previous sentence and agree not to challenge such jurisdiction. In any action, suit, or proceeding to enforce or interpret the terms of the Agreement or to collect any amount due hereunder, the prevailing party shall be entitled to reimbursement for all costs and expenses reasonably incurred in enforcing, defending or interpreting its rights hereunder, including, but not limited to, all attorneys’ fees and the costs expended in determining entitlement to an amount of such fees.
Waiver of Jury Trial.
BY ENTERING INTO THIS AGREEMENT, THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL AS TO ANY CLAIMS A PARTY MAY CLAIM TO HAVE AGAINST THE OTHER WHICH ARISES OUT OF THIS AGREEMENT OR THE COURSE OF DEALINGS BETWEEN THE PARTIES.
Force Majeure
No party to this Agreement shall be deemed in default or breach of this Agreement or liable for any loss or damages or for any delay or failure in performance (except for the payment of money) due to any cause beyond the reasonable control of, and without fault or negligence by such party. This section shall not alter or amend the terms set forth in Cancellations, Severe Weather, Accommodation Selections and Availability, or No Change for Pandemics or Other Disruptions.
Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes any prior understanding, marketing or agreement among them respecting the subject matter hereof. There are no representations, arrangements, understandings or agreements, oral or written, relating to the subject matter of this Agreement, except those fully expressed herein. No waiver of any provision hereof shall be valid or binding on the parties hereto, unless such waiver is in writing and signed by or on behalf of the parties hereto, and no waiver on one occasion shall be deemed to be a waiver of the same or any other provision hereof in the future.
Indemnification, Liability Waiver, and Assumption of Risk.
You, on behalf of yourself and all persons staying in or visiting the Great Lake Stays accommodation (collectively “Guests”) agree you are occupying the property at your own risk. Guests hereby release, acquit and forever discharge Great Lake Stays and Owner of and from any and all known and unknown causes of action, damages, liabilities, costs, expenses and claims and demands of whatsoever kind or nature (including legal expenses) (“Claims”) which Guests now have or may ever have against Great Lake Stays or Owner on account of any and all known and unknown present or future injuries, losses and damages sustained or which may be sustained by Guests occurring on, at or about the Great Lake Stays property except to the extent such Claims arise from the gross negligence or willful misconduct of Great Lake Stays or Owner respectively. Guests will defend, indemnify and hold Great Lake Stays (including its members, officers, and employees) and Owner, harmless from any and all Claims incurred by Great Lake Stays and/or Owner as a result of or arising out of the breach of this Agreement by Guests or Guests’ reservation and stay at the Great Lake Stays accommodation, except to the extent such claims, demands and actions arise from the gross negligence or willful misconduct of Great Lake Stays or Owner respectively. The indemnified party shall promptly notify the indemnifying party of any such claim and shall, at the request and expense of the indemnifying party, cooperate in the investigation and defense of such claim. Guests acknowledge the inherent risks of being exposed to or infected by a disease or virus that is spread by person to person contact, or airborne or surface transmission (“Contagious Disease”). As such, Guests voluntarily assume the risk they may be exposed to or infected by a Contagious Disease (including but not limited to COVID-19) while staying in the accommodation and that such exposure or infection may result in personal injury, illness, permanent disability, death, and other damages. Guests hereby release and covenant not to sue, and agree to defend and hold harmless Great Lake Stays (including its members, officers, and employees) and Owner of and from all claims and damages of any kind arising out of or relating to the exposure to or contraction of a Contagious Disease. Guests understand and agree this release includes any claims based on the actions, omissions, or negligence of Great Lake Stays, Owner, or their employees, agents or representatives, whether a Contagious Disease infection occurs before, during, or after Guests’ stay. Guests acknowledge this contractual assumption of risk and release is a material term and specific condition of Great Lake Stays and Owner agreeing to license the property. Guests acknowledge this is a specifically negotiated term and the monetary amount of this Agreement is specifically based upon the inclusion of this provision.
Severability
If any term or provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of the remainder of this Agreement.
Headings
Section and other headings contained in this Agreement are for reference purposes only and are in no way intended to define, interpret, describe or limit the scope, extent or intent of this Agreement or any provision hereof.