The Aviary, 358 Elmore Knolls Road, Elmore,Vermont

Reservation Terms & Conditions, Payment & Cancellation Policy

1. Reservations

• A reservation deposit of $150 (non-refundable) must be paid at the time of reservation which will be credited to your final bill.
• The first named person on the booking (who must be at least 21 years of age) must sign our Reservation Form.
• The signed Reservation Form must then be returned to Judith Wallick, Fairview Farm, 161 Kinsman Road, Grafton, NH 03240 together with the deposit mentioned above.
• A binding contract between us will only come into existence when we issue a confirmation invoice confirming your reservation.
• Except in the case of reservations made within 4 weeks of arrival date, in which case, our late reservations procedures set in clause 4 below apply.
• Please check your confirmation invoice and all other documentation immediately on receipt and contact us promptly if details are inaccurate as it is not always possible to make changes at a later stage.
• We reserve the right to refuse a reservation without any given reason.

2. Payment of the balance

• The balance must be paid 4 weeks before your arrival. If the balance is not received by us in full and on time, we have the right to treat your reservation as cancelled by you, in which case, the cancellation charges as set out in Clause 7 apply.
• For reservations made within 4 weeks of arrival date, you will be required to pay the full cost of the rental, plus security deposit, at the time of reservation.

3. Security deposit

• A security deposit is required for each rental.
• The security deposit is equal to one night's stay (can be longer for some properties) and is payable via personal check, money wire, or credit card.
• Security deposit is due 4 weeks prior to your arrival.
• We respect your security deposit - please respect your rental property.

4. Late reservations

Late reservations are those made within four seeks of your arrival date. Once details have been confirmed to you over the telephone, a contract based on these reservation conditions will be deemed to have come into existence between us, although we will issue a confirmation invoice confirming your reservation. Should you cancel after this point, the cancellation charges in Clause 7 will apply.

5. Rates - What is included in the rental price

The rental price includes maid service (linens and normal cleaning after checkout and utilities capped at 20% above historic seasonal usage.

6. Rates - What is NOT included in the rental price

• Transportation
• Travel insurance
• Security deposit
• Additional equipment

7. Cancellation Policy

If you wish to cancel your reservation (written notification to us by email/fax/post is required) after the contract has been entered, the following scale of charges will apply:

• 4 weeks or more before arrival date..........Loss of deposit ($150)
• Less than 4 weeks but more than
  2 weeks before arrival date....................Loss of 75% of $ paid
• 2 weeks or less before arrival date............Loss of 100% of $ paid

8. Honesty

Honesty is the best policy. It is our policy. We try hard to make this one of the best vacation rentals you have ever experienced.

Any reservation obtained under false pretense will be subject to forfeiture of payments made.

Use of the House

• About the property - The Aviary is privately owned. The Owner reserves the right to refuse service to anyone at their complete discretion. The Owner will not be responsible for any accident, injury or for the loss of money, jewelry or valuables of any kind.
• Access to the premises - The Owner, or agent there of, is permitted to enter the premises at all reasonable times for any reasonable purpose connected with the repair, improvement, care and management of the premises. The Owner will attempt to notify the Renter beforehand.
• Capacity, Occupancy - The Aviary has a maximum overnight occupancy of 8 persons based on beds, bathrooms, and what the house systems (i.e. septic, hot water, etc.) can bear. Total overnight guests should never exceed the property maximum occupancy. Should a group be misrepresented, they must pay for the extra persons immediately ($100/night) or, at the OwnerÕs sole discretion; the entire group must vacate the house without a refund. Infants under the age of two are not included in the total headcount. If you anticipate entertaining a party larger than eight people overnight, you must notify the Owner first. Failure to comply will result in the entire group having to immediately vacate the house without a refund.
• Damage - Please let us know immediately if any damage occurs during your stay. We will do our best repair or replace the damaged item promptly. The Renter assumes responsibility for any damage to the rented property.
• Guests - The Renter is responsible for the actions of others while on the premises because of or through their relationship with the Renter.
• Parties - Loud and unruly tenants will not be tolerated. Our home is located in a residential area and may not be used for weddings, wedding parties, receptions, or other large group functions without written approval from the Owner.
• Pets - Well behaved pets are welcome at The Aviary; however, if they invite fleas, this can result in a charge to your security deposit for pest control (fleas) services. If they damage our house, the cost to remedy/repair the damage will similarly be charged to your security deposit.
• Smoking - Please; there is absolutely no smoking allowed within The Aviary.
• Use of House (general) - Renter and/or their guests shall not disturb, annoy, endanger, or inconvenience neighbors, nor use the premises for any unlawful purposes, nor violate and law or ordnance, nor commit waste or nuisance on or about the premises. The dwelling is for residential purposes only. Renter is prohibited from the parking of campers, motor homes or from the use of tents and campfires without prior notification to the Owner.

Rental Operations

• Check-in is after 3 PM.
• Check-out is before 10 AM. Renter shall quit and deliver up the premises to the Owner by 10 AM on the last rental term day in as good and rentable condition in all respects as it was when Renter took possession. Keys should be left in the house with all of the doors locked, unless other arrangements are made.
• Housekeeping / maid service - Your rental house is thoroughly cleaned and inspected before your arrival. Also included is a standard cleanup fee at the end of your stay. If, upon your departure your cleaning takes significantly longer than normal, your Security Deposit will be charged for those additional hours. We can arrange for additional maid service during your stay. Additional cleanings may be purchased at $25 per hour with a 2 hour per-day minimum.
• Insurance (travel) - Travel insurance is recommended and available on the Internet (i.e., Travelguard.com, etc.). The Owner will give no refunds for inclement weather, including storms, states of emergency or acts of God.
• Insurance (personal liability) - The Renter is encouraged to carry at least $300,000 personal liability insurance.
• Payments - We accept travelers' checks, money orders, money wires, cashiers' checks, certified checks and cash. We also accept Visa, MasterCard, Discover, and American Express as well as personal checks with proper identification or verification. Your reservation form and $150 deposit is due if reserving more than 4 weeks in advance. If reserving less than 4 weeks before your arrival, the full rental fee plus Security Deposit is immediately due. If your plans change, see our CANCELLATION POLICY.
• Service & Repair - All equipment and appliances in each house should be in working order. Please report any inoperative equipment to us promptly (603-523-4277 or 802-238-0766)! We will make all reasonable efforts to have repairs made as soon as possible. No reduction of rent, rebate, or refund will be issued for a mechanical failure of air conditioning, dishwasher, washer, dryer, TV, or other appliances. You will not be held responsible for repairs beyond your control.
• Utilities (heat, phone, electricity, etc.) - Utilities are included (capped at 20% above historical seasonal usage) as well as free local telephone calls. Excessive electrical or heating use (due to leaving windows/doors open in winter or leaving heat on high when not in the house) will affect your Security Deposit. The Renter is responsible for all telephone calls (local, long distance and international) during rental term. By far the most frequent charges to a renter's security deposit are long distance telephone charges. Please use a credit card, call collect or use a calling card. Outstanding, long distance telephone charges will be charged to the Renter's Security Deposit!
• Return of Security Deposit - Your security deposit will be returned as soon as the household inventory and utility bills have been checked - typically within 30 days.

Legal Issues

• Dangerous materials - Please do not bring any illegal or hazardous substances onto the premises.
• Eviction policy - VIOLATION(S) OF THESE RENTAL POLICIES CAN RESULT IN IMMEDIATE EVICTION FROM THE PROPERTY AND 100% FORFEITURE OF RENTER'S SECURITY DEPOSIT.
• Indemnification / Hold Harmless - Renter agrees to indemnify and save the property owner harmless from all liability, loss, injuries or damage arising from and nuisance or harm made or suffered on the leased premises by the renter, renters, or guests or from any carelessness, neglect or improper conduct of any persons entering, occupying or visiting the leased premises.
• Legal fees - In the event that any action shall be commenced by either party arising out of, or concerning this agreement or any right or obligation derived there from, the prevailing party shall be entitled to receive attorney's fees as fixed by the Court in addition to all relief at law or equity.
• Omissions & Errors - The information about the property offered by the Owner in our printed material and Internet Website is as complete as we can create. Rates are subject to change without notice.
• Subletting & Re-assignment - Houses may not be let, sublet or assigned to third parties.