Definitions: In addition to such other terms as are defined herein, the terms “we”, “us” and “ours” refer to Portside Vacation Rentals LLC, a Wisconsin limited liability company. The terms “you” and “your” collectively refer to the person or persons accepting these terms and conditions through our website or otherwise in writing with us, which terms and conditions are referred to herein as this “Agreement”. The terms “parties” and “party” shall respectively refer to you and us collectively, and individually as appropriate to the situation. The term “Agreement” shall likewise refer to all such other terms and conditions accepted by you in relation to the purpose of this Agreement, through our website or otherwise in writing with us. The vacation property you are agreeing to rent through this Agreement is referred to herein as the “Premises”. The term “Owner” refers to the person or persons who own or control the Premises. “Your party” means the persons you invite to visit or stay at the Premise with you. Whenever required by the context, references in this Agreement to the singular shall include the plural and vice versa, and the masculine gender shall include the feminine and neuter genders and vice versa.
Age Requirement: You must be 27 years old or older to rent the Premises. A valid, current driver’s license will be required of you prior to our completion of any reservation paperwork.
Rental Deposits and Cancellations: If your reservation is made over 30 days prior to arrival, 50% of the total due will be held as a deposit. The remaining 50% is due and will be charged to your credit card on file at 30 days prior to arrival. If you cancel prior to 30 days of scheduled arrival, 100% of the fee is refundable. If your reservation is cancelled or shortened within 30 days of arrival, 50% of the total fee is refundable. If your reservation is cancelled or shortened within 14 days of arrival, 100% of the fee is non-refundable. There are no exceptions to this cancellation policy, regardless of whether you or anyone in your party contracts COVID-19 or other illnesses.
CSA Travel Insurance: CSA Vacation Rental Insurance has been made available to you with your reservation. Vacation rental insurance reimburses for pre-paid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation and force you to incur unplanned expenses. We strongly recommend you purchase this valuable protection, whether through CSA Vacation Rental Insurance or another provider.
Confirmation: Reservations are not fully confirmed until reviewed by a reservation agent who will contact you by phone to verify online bookings meet pricing and minimum stay guidelines. We reserve the right to refuse or discontinue service to any person and/or to rescind this Agreement for any lawful reason.
Check-In/Check-Out Procedures: Check-in begins at 4 PM (Central Time, as with all times listed in this Agreement). We will make every effort to see that the Premises is ready at this time, however, during busy periods, it is possible to have some delays. Our office hours are 9 AM to 6 PM Monday through Friday, 9 AM to 6 PM on Saturday, and 10 AM to 6 PM on Sunday. We encourage you to arrive before the office closes in order guarantee an in-person check-in. Moreover, it will be easier for you to navigate unfamiliar roads for the first-time during daylight hours. Your driver’s license and a credit card holder are required upon arrival. Also, we must have a signed copy of this Agreement, all related documents and full payment before we can grant access to the Premises. Please call us prior to your arrival date if you plan to arrive after the office has closed and we will give you the late check-in procedures. You assume all responsibility for finding the Premises after 6 PM; refunds or discounts will not be given for failure to do so. If you make arrangement for a late arrival and decide to instead arrive earlier, please notify us or your change in plans so that we can have the Premises ready for you. Check-out is at 11 AM. If you fail to check out by check-out time and our cleaning crew arrives, your credit card on file will be charged $75.00 per hour during which said crew waits.
Early Check-In/Lake Check-Out: All requests for early check-in or check-out are subject to availability. No charges will be assessed for an early check-in or late check-out if it can be accommodated by us and our cleaning crew.
Access to the Premises: We or our authorized representatives may enter the Premises at any reasonable time as deemed necessary by us for the protection, maintenance or repair of the Premises, and such access rights shall not give rise to any decrease or abatement of any rental fees. Except in the event of an emergency, we will, as a matter of courtesy, try to inform you in advance when we need access to the Premises.
Expectations of Privacy: Portions of the exterior of the Premises may kept under video and audio security surveillance, including without limitation, the entryways. In addition, the access cards for the Premises track certain information, including without limitation, the users of such cards and their times of access. As such, your expectations of privacy at the Premises must factor in the above.
No Lease: REGARDLESS OF OUR USE OF THE WORDS “RENT” AND “RENTAL”, THIS AGREEMENT IS NOT A LEASE OR ANY OTHER INTEREST IN REAL PROPERTY. THIS AGREEMENT IS A CONTRACTUAL ARRANGEMENT THAT CREATES A REVOCABLE LICENSE FOR THE USE OF THE PREMISES DURING THE TERM OF YOUR RESERVATION, AND AS OTHERWISE PROVIDED HEREIN. On the day and time of your scheduled check-out, or the earlier revocation of your reservation as provided herein, you shall remove from the Premises all personal property belonging to you and your party, and leave the Premises. You acquire no right or privilege in the Premises except as herein specified.
Relationship between the Parties: Nothing contained in this Agreement, nor any of our or your acts, shall be deemed to create a landlord/tenant relationship between you and us, and neither party has any fiduciary obligations to the other.
Description of the Premises: Every effort has been made to assure that the information contained on our website in relation to the Premises is correct. However, we cannot be held responsible for typographical errors in the description of the Premise, or any changes to the Premises made by Owner without our knowledge. There will be NO refunds due to discrepancies in the actual condition and specifications of the Premises from those appearing on our website.
No Warranties: The Premises will be delivered to and accepted by you in their “as-is”, “where-is” condition and configuration.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PREMISES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THE PREMISES WILL MEET YOUR REQUIREMENTS, OR THAT THE SAME ARE SUITABLE FOR YOUR INTENDED USE.
Good Neighbor Policy: Our rental properties are located in mixed-use neighborhoods that include both short-term guests and year-round residents. We want you to enjoy your stay, but not at the expense of the neighbors, so please be considerate of the neighbors with your noise and activities. You and your party shall abide by all federal, state and local laws and ordinances applicable to the use and occupancy of the Premises, including, without limitation, ordinances regarding odors, noise, trash, parking and pets. Your reservation is subject to immediate revocation upon substantiated complaints from neighbors regarding any violation of this Good Neighbor Policy. Additionally, your credit card on file will be charged a $500 fine in the event of any valid complaints that are not immediately remedied by you.
Maximum Occupancy: In addition to any limits set by us or Owner, the occupancy and parking policies for the Premises are dictated by city and county ordinances to control the noise and congestion of our neighborhoods, as well as maintain the quality of our rental properties including the Premises. No RVs, campers, trailers, boats, personal watercraft, or tents are allowed at the Premises without our prior written approval, and the occupancy limit of the Premises shall not be exceeded at any time. Only you and the members of your party listed in our system are allowed to stay overnight in the Premises. Day guests are allowed, but no events, such as weddings, receptions, formals or commercial uses are allowed without our prior written permission. If allowed, there will be additional fees that must be paid by you in advance. If there are additional persons found to be staying at the Premises in violation of this Agreement, your entire party will be asked to vacate the Premises with your reservation terminated immediately, without refund, and subject to additional cleaning fees at our discretion. Vehicles must not exceed the amount stated in our specifications for the Premises and must be parked onsite.
No Smoking: Smoking is NOT permitted anywhere on the Premises. All damages and additional cleaning attributable to smoking will be paid for by you and charged to your credit card on file.
No Unlawful Use of Premises: The Premises shall not be used for any unlawful purpose, including, but not limited to, using, manufacturing, selling, storing, or transporting illegal drugs or other contraband, and any pornographic or other filming or photography intended for commercial uses.
No Alterations: No alterations in or about the Premises shall be made by you or your party, including, but not limited to, moving furniture, painting, wallpapering, adding or changing locks, installing antenna or satellite dishes, placing signs, displays or exhibits or using screws, fastening devices, nails or adhesive materials anywhere on the Premises.
No Weapons, Violence, Fireworks or Hazardous Materials: No firearms or other dangerous weapon are allowed on the Premises, for any purpose. A “dangerous weapon” means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of causing death or serious bodily injury. Fireworks of any type are strictly prohibited in and around the Premises, along with flammable substances or other hazardous materials (other than charcoal or firewood in designated fireplaces, outdoor fire pits and grills). Your credit card on file will be charged a $500 fine in the event of any violation of this policy, and your reservation will be subject to immediate revocation without refund.
Pet Policies: If pets are allowed on the Premises by Owner, a pet fee will be assessed as part of your rental fee at the time of reservation, and the occupancy of the Premises by any pets is subject to the following conditions. If pets are not allowed at the Premises, any sign of a pet onsite associated with your party will be cause for the immediate revocation of your reservation without refund, as will any violation of our Pet Policy if pets are allowed at the Premises. Additional cleaning fees starting at $500 may also be charged to your credit card on file, at our sole discretion.
- The pet must be housebroken, flea free, not prone to shedding, and not prone to damaging property.
- Pets are not allowed on the furniture or beds, unless a protective cover is used and provided by you. If evidence of excessive pet hair is found in the Premises, the cost of cleaning the same will be charged to your credit card on file.
- The cost to repair any damage done by a pet, such as chewing furniture, staining carpet, etc. will be charged against your credit card on file and/or deducted from the damage deposit.
- You must pick up all pet waste, whether on the Premises or in other areas, and dispose of such waste in a proper container.
- All pets must be under the complete control of a responsible member of your party, and must be on a hand-held leash at all times when not in a fenced yard. No pet shall be allowed to roam freely throughout the Premises.
- We do not limit pet size or breed; however, aggressive or unruly dogs are not welcome for the safety of neighbors of the Premises and others. If we receive one or more complaints regarding barking or aggressive pet behavior, your license to use the Premises may be revoked with forfeiture of all rental payments and security deposit.
- You shall monitor pet’s noise so that pets do not disturb neighbors of the Premises.
Children: The Premises is not child proof and any children included in your party must be supervised by an adult at all times. Amenities such as furniture with sharp edges, games with small pieces, cleaning products and other conditions known and unknown pose safety issues for unsupervised children, the risks of which are assumed by you and your party.
Cleaning Fee: A standard cleaning fee of $__________.___ will be charged to your credit card on file at time of reservation.
Mid-stay Cleaning: If requested by you, a mid-stay cleaning may be coordinated through us, subject to the schedule of our cleaners. Any mid-stay cleaning will subject to a $250 cleaning fee, charged to your credit card on file at the time such cleaning services are scheduled.
Lost/Forgotten Items: Please remember to take all personal belongings with you. If you forget any personal items and would like them shipped back to you, a $20 handling charge, plus the cost of shipping, will be charged to your credit card on file. All such items that are not claimed within 30 days of your stay will be donated to a local charity.
Personal Property: Notwithstanding anything contained herein to the contrary, you shall solely bear all risk of damage, loss, theft or misappropriation with respect to any of your personal property, or that of your party, in or about the Premises. You are advised not to leave personal articles in locked vehicles, even if in the trunk, to always lock your vehicle, and to always secure the Premises.
Pool and Hot Tub Use: If permitted at the Premises by Owner, the use of any pool, hot tub or spa by you and your party will be subject to the following conditions. If such amenities are not allowed to be used at the Premises, any sign of such use associated with your party will be cause for the immediate revocation of your reservation without refund, as will any violation of our Pool and Hot Tub policy if the use of such amenities is allowed at the Premises. Additional cleaning fees starting at $500 may also be charged to your credit card on file, at our sole discretion.
- No diving into the pool or hot tub or spa.
- No intoxicated persons may use the pool or hot tub or spa.
- No use of glass containers by the pool or hot tub or spa.
- No one should use the pool or hot tub or spa alone.
- Children must never be left unattended when they may gain access to the pool, hot tub or spa, not even for a few seconds.
- No Lifeguard will be on duty – you and your guests will swim at your own risk.
- If the Premises is part of a rental complex or is governed by a HOA, all HOA or other ‘house rules’ shall apply and supersede any conflicting rules contained herein.
Compliance by Others: You shall take all steps reasonably necessary to ensure compliance by your party with this Agreement, any restrictions on the use of the Premises imposed by us or Owner, and such other rules that may be established by us or Owner from time to time in relation to the Premises.
Damage to the Premises: You must immediately inform us of any damage or loss that has occurred at the Premises during your rental thereof. All costs and expenses incurred by us or Owner to remedy any damage or loss at the Premises caused by you or your party shall be your sole liability and charged to your credit card on file, with the full amount of any remaining balance paid by you to us, or any party we designate, upon demand or as otherwise provided in any applicable written invoice. Any such amounts not timely paid shall bear interest at the rate of 12% per year or the maximum rate allowable by law, whichever is less.
Acts beyond our Control: The Premises may become unavailable due to circumstances outside of our control. Examples include but are not limited to destruction or damage due to weather. In such event we will do our best to make alternative arrangements for you where possible. If we cannot, or if the alternative arrangements are not acceptable to you, then we will refund all of the rental fees paid by you. This will be the full extent of our liability to you in such circumstances, and we will not be responsible for any other costs connected with any such cancellation, howsoever arising.
Indemnification: You shall release, indemnify, defend and hold harmless us and our owners, agents and employees (collectively, the “Indemnified Parties”), from and against all liability, suits, actions, claims, costs, damages, and expenses of every kind and description, including, without limitation, court costs and legal fees, for claims of any character, including, without limitation, liability and expenses in connection with the loss of life, personal injury, or damage to property, brought because of any injuries or damages received or sustained by any person, persons, or property, arising out of or in any way related to the rental or use of the Premises (except those resulting from the Indemnified Parties’ own negligence or willful misconduct).
Limitations on the Indemnified Parties’ Liability: You shall at all times be solely liable for your own acts and omissions and those of your party on or about the Premises. IN NO EVENT WILL THE INDEMNIFIED PARTIES BE LIABLE TO YOU OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM OR IN ANY WAY RELATED TO YOU OR YOUR PARTY’S USE OF THE PREMISES AND ANY ASSOCIATED AMENITIES (INCLUDING, WITHOUT LIMITATION, THE USE OF ANY POOL, HOT TUB, BODY OF WATER OR WATERCRAFT). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE INDEMNIFIED PARTIES’ LIABILITY TO YOU, AND ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE RENTAL FEES PAID BY YOU IN RELATION TO THE PREMISES IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Conflicting Terms: In the event of any conflict between the provisions of this Agreement and any other terms agreed to by you with any third party in relation to the Premises (such as AirBnb or VRBO), the terms most favorable to us shall control.
Survival of Provisions: Those provisions of this Agreement, which by their nature are intended to survive the termination of this Agreement or the cancellation or the expiration of your stay at the Premises, including, but not limited to, your indemnification and other payment obligations, shall continue as valid and enforceable obligations of the parties notwithstanding any such termination, cancellation or expiration.
Governing Law and Venue: This Agreement shall be construed and governed by the laws of the State of Wisconsin, without regard to principles of conflicts of laws. Any legal or equitable action or proceeding arising out of or relating to this Agreement shall be brought and enforced exclusively in any federal or state court located in (or whose jurisdiction covers) Walworth County, Wisconsin. The parties hereby irrevocably consent to the personal jurisdiction of such courts and waive all objections to jurisdiction or venue in any such action or proceeding commenced in any such court.
Miscellaneous Provisions: This Agreement may not be amended, except by the unanimous written consent of the parties. If any term or provision of this Agreement or its application to any person, entity or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and its application shall not be affected and shall be enforceable to the fullest extent permitted by law. No waiver or breach of any covenant, condition, or agreement herein contained shall operate as a waiver of the covenant, condition, or agreement itself, or of any subsequent breach thereof. This Agreement constitutes the entire agreement between and among the parties regarding its subject matter, and supersedes all prior agreements, statements, understandings, and representations of the parties with respect thereto. Because of the unique nature of the relationship between the parties and the terms of this Agreement, you shall have no right to sublicense the Premises or otherwise assign this Agreement or any of your rights or responsibilities hereunder to any third party without our express written consent. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, personal representatives, successors, and permitted assigns. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Electronically transmitted signatures (via facsimile, portable document format, or otherwise) shall be deemed valid and original signatures.