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Terms & Conditions
 

Thank you for staying with Vacana. We hope you are excited about your stay as we are to welcome you. This agreement comprises the terms and conditions of your stay and the receipt and sufficiency of the consideration therefore. We may say “you” or “Guest” in reference to you in this agreement and then say “Vacana,” “Us,” or “Host” to refer to Vacana.

 

PROPERTY: You have agreed to rent the Property stated in the reservation confirmation we emailed to you (the “Property”).  The Property is provided to you as-is with no warranties that it is suitable for any particular purpose. You agree to use the Property only as a personal, vacation residence. You also agree that you will peaceably and promptly return possession of the Property to us in clean condition with no damage either to the Property or its contents, such as furniture and improvements, normal wear and tear excepted, at the Property’s stated check-out time. We may inspect the Property before and after your stay to ensure compliance with these Terms and Conditions. Any failure to return the Property in clean condition may result in additional cleaning or damage charges. You agree that we may store your credit card information to secure payment of any such additional charges.

 

COST OF YOUR STAY: The total cost of your stay will be disclosed at the time of booking and included in the reservation confirmation we send to you. It may include fees or other charges, plus any applicable taxes. Any services or modifications added to your reservation after the time you booked may incur additional charges that will be disclosed to you at the time of the change, including, without limitation, for example, if you decide to bring a pet(s). 

 

DATES OF YOUR STAY: Your stay shall be for the dates stated in your reservation confirmation at the original time you made your booking.  Subject to the availability of the Property, you may add additional nights to your stay for our posted price at any time before you depart the Property.  The cancellation policy stated on the platform on which you booked your cabin applies to your stay (a booking platform meaning Vacana’s website, Airbnb, Vrbo, etc.).  You cannot try to modify the dates of your stay to get around the cancellation policy. Further, there are no exceptions to the cancellation/modification policy, including, without limitation, for acts of nature, forces majeure, or guest’s conflicts with their bookings.

CANCELLATION POLICY: 
For smaller cabins (1-3 beds): 100% refund minus the booking fee for cancellations made at least 30 days prior to the beginning of the stay. 50% refund minus the booking fee for cancellations made 14 days prior to the beginning of the stay. No refunds for cancellations beyond 14 days. For larger cabins (4+ beds): 100% refund minus the booking fee for cancellations made at least 60 days prior to the beginning of the stay. 50% refund minus the booking fee for cancellations made 30 days prior to the beginning of the stay. No refunds for cancellations beyond 30 days. As noted above, the booking fee will not be refunded for any/all cancellations. No exceptions. We do offer Trip Insurance to avoid fees/penalties.


ARRIVAL AND DEPARTURE: Your arrival and departure times will be stated on your booking platform (website, VRBO, Airbnb, etc.) at the time you book.  
Your arrival time may be adjusted by Manager if, in its sole and absolute discretion, the Property cannot be ready at your normal arrival time. If the Property will not be available to you for any reason, in Manager’s sole and absolute discretion, Manager may either cancel your reservation or move your reservation to a comparable cabin, if available. In the event of a cancellation because the Property you booked is no longer available, Manager will refund you in full. If any delays to the readiness of the Property should happen, Manager will contact you about the change with as much notice as possible.

 

OCCUPANCY AND PROPERTY USE: You may not permit the occupancy of the Property to exceed the limit stated on our website, or other booking platforms, even on a temporary basis. You, and your guests, may not engage in any unlawful conduct while at the Property, to include use of drugs, or violations of federal, state, or local law, or violate any of the house rules Vacana provides to you or posts on its online platforms. Further, you may not create a nuisance by hosting parties or large events, such as a wedding, without the prior, written consent of Manager. Manager may withhold its consent in its sole and absolute discretion. Further, you may not abuse any of the amenities at the Property, including, the air conditioning, gas fire places, etc. For example, you may not set the thermostat lower than 70 degrees or higher than 78 degrees, or change the thermostat settings to anything except “auto” unless permitted by Manager in writing.

 

AMENITIES: The Property may have certain amenities, to include, without limitation, internet, televisions, outdoor play sets, cornhole and other outdoor games, a hot tub(s)/spa(s), a pool, or gas fireplaces. The availability of any amenity is subject to change without notice or refund. 

 

HOT TUB, SAUNA, POOL, AND PLAY EQUIPMENT: Guest acknowledges, and is fully aware, that any hot tub, sauna, pool, or play equipment, if any is located on the Property, can be dangerous. Guest will independently verify the safety of each such item before each use. Guest, therefore, assumes any and all risks of injury, loss, or other damage to themselves, their invitees, family members (including children), occupants, other guests, third parties, and pets related to, arising from, or touching upon the use of any hot tub, sauna, pool, play equipment, or any other amenity on the Property.  Host does not guaranty availability of these items Guest’s stay.

 

OTHER WATER FEATURES: Certain water features may be present at or near the property, including but not limited to, ponds, lakes, streams, or other non-pool water features. Any such water features are intended to be decorative only. Such water features may be used for fishing from a dock or pier, if provided, or from the shoreline, but are not intended for swimming, floating, boating or any other recreational activities at any time. Any use of any water features on or near the property for any recreational purposes are strictly prohibited, and any use of water features on or near the property is undertaken at the Guests’ sole discretion. Guests expressly assume all risk of and waive any and all claims for illness or injury which Guests may have against the Owner or Vacana which are in any way related to water features on or near the Property. Neither the Owner nor Vacana is responsible for any injuries sustained to property or person as a result of the use of water features on or near the property, including without limitation, hot tubs, pools, lakes, streams, creeks, or ponds. Further, Guests agree to indemnify and hold the Owner and Vacana harmless for any illnesses or injuries sustained during the term of this agreement, whether to person or property, related to use of any water features.

 

FIREPLACES: The fireplaces at the Property may have no protective screens or barriers.  Guest assumes any and all risks of injury, loss, or other damage to themselves, their invitees, family members (including children), occupants, other guests, third parties, and pets related to, arising from, or touching upon the use of the fireplaces.  Further, guests are not permitted to move the logs in the fireplaces.  If the fireplaces are turned off, particularly during the months of May through September, Guest may not turn the gas on or light the pilot.  Moving the fireplace logs or re-lighting the pilot without the Host’s express written permission, which may be withheld in its sole discretion, shall result in a charge of $250 to Guest in addition to any other charges which may be owed to Host for misusing the fireplace.

 

CHILDREN: Though Guest is completely and solely responsible for the safety of any person at the Property during their stay, Guests must supervise minors, e.g. persons younger than 18 years old, at all times at the Property.  Guest assumes any and all risk of injury, including death, loss, or other damage to such minors related to, arising from, or touching upon the minor’s occupancy or use of the Property, including without limitation the playset or play equipment, hot tub, sauna, pool, bunk beds, play and loft space.

PETS: 
All cabins are equipped with video surveillance at the front and back entrances. Guests who bring pets to a designated "pet-friendly" cabin without paying the required pet fee will be automatically charged the fee.

  

DAMAGE: For the avoidance of doubt, Guest is responsible for any and all damage to the Property or its contents, except for ordinary wear. We may, in our sole and absolute discretion, attempt to repair any damage. The cost of such repair shall be paid by Guest. However, if Host replaces any damage to the Property or its contents, either because the damage cannot be repaired or Host otherwise decides to replace the damage, the amount charged to Guest will be determined at replacement cost with no credit or offset for depreciation, plus the cost of any attempted repair, if any. Host reserves the right, and Guest grants Host permission, to store the credit card number(s) used to book the Property, or pay for any part of the Rental Payments, and to charge said card to recoup the cost of restoring the Property to its condition prior to Guest’s arrival.  Nothing in this Agreement shall be construed as a limitation on the amount of damages which Host may recover against Guest.

 

CHANGES IN OWNERSHIP/MANAGEMENT: If the Premises are either sold or management thereof transferred to the owner or another management company before your stay begins, Host has the sole and absolute discretion either to move Guest's reservation to a new cabin in its inventory or provide Guest with a full refund of any payments made toward Guest's reservation.  If Host determines, in its sole and absolute discretion, that Guest's reservation cannot be moved to a new property, Host will cancel the original reservation and refund any money Guest has already paid toward the cancelled reservation. Guest’s refusal to accept the new property is NOT grounds to terminate this Agreement. Instead, if Guest refuses to accept the new property, the refusal will be treated as a cancellation for purposes of this Agreement.

 

CUMULATIVE RIGHTS: Hosts rights under this agreement are cumulative and shall not be construed as exclusive unless otherwise required by law. 

  

ACCESS BY HOST TO PROPERTY: Host shall have the right to enter the Property to make inspections, provide necessary services or repairs, help in emergencies, or ensure compliance with this Agreement. However, Host does not assume any liability for the care or supervision of the Property while under the possession of Guest.

  

INDEMNITY REGARDING USE OF PROPERTY: To the extent permitted by law, Guest agrees to indemnify, hold harmless, and defend Host from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Host may suffer or incur in connection with Guest's possession, use or misuse of the Property, except for such arising exclusively from Host's intentional or gross negligence.

 

APPLICABLE LAW AND DAMAGES: This agreement shall be construed, governed, interpreted, enforced, and the relationship between the parties determined in accordance with the laws of the State of Texas.  Venue for any dispute arising from, related to, or touching upon this agreement, including any matters related to Guest’s stay at the Property, shall lie exclusively in the state district courts of Collin County, Texas.   Before instituting any action related to this agreement, Guest must first engage in mediation as a condition precedent to the enforcement hereof. 


FURTHER, FOR THE AVOIDANCE OF ANY DOUBT AND WITHOUT LIMITING THE CAP ON OUR LIABILITY MENTIONED IN THE PRECEDING PARAGRAPH, WHILE WE AND OUR OWNERS STRIVE TO MAINTAIN VACATION PROPERTIES IN THE FINEST CONDITION, GUARANTEES AND WARRANTIES ARE NEITHER EXPRESSED NOR IMPLIED REGARDING SUITABILITY OF OUR PROPERTIES FOR ANY PARTICULAR PURPOSE. ALL GUEST(S) AND THEIR INVITEES USE THE VACATION PROPERTY STRUCTURES AND PREMISES AT THEIR OWN RISK. NEITHER WE NOR OUR PROPERTY OWNERS SHALL BE HELD LIABLE OR OTHERWISE RESPONSIBLE IN ANY WAY FOR INJURY TO ANY GUEST AND/OR THEIR INVITEES THAT IS CAUSED OR PERMITTED TO BE CAUSED BY THE INTENTIONAL OR UNINTENTIONAL ACTS (INCLUDING THEIR OWN NEGLIGENCE) OF SAID GUEST(S) AND/OR INVITEES, OR BY THE FAILURE OF STRUCTURES, APPLIANCES, (INCLUDING HOT TUBS AND BBQS) FURNISHINGS, AND/OR OTHER EQUIPMENT, WHETHER BY MALFUNCTION, MISUSE, ACTS OF GOD/NATURE, AND/OR ARE OTHERWISE NATURALLY OCCURRING. NO GUARANTEES ARE EXPRESSED NOR IMPLIED AS TO THE SUITABILITY OF UTILITIES AND OTHER SERVICES PROVIDED TO THE VACATION PROPERTIES AND ADJACENT STRUCTURES AND PREMISES. NO GUARANTEES ARE EXPRESSED NOR IMPLIED REGARDING THE SUITABILITY/COMPATIBILITY OF MATERIALS UTILIZED IN THE CONSTRUCTION OF THE VACATION PROPERTY AND/OR ITS CONTENTS. AND ITS PROPERTY OWNERS SHALL NOT BE HELD LIABLE NOR OTHERWISE RESPONSIBLE IN ANY WAY FOR ALLERGIC REACTIONS TO GUEST(S) OR INVITEES, CAUSED OR PERMITTED TO BE CAUSED BY MATERIALS UTILIZED IN THE MANUFACTURE OF THE VACATION PROPERTY AND/OR ITS CONTENTS, NOR FROM MOLD AND/OR AIRBORNE SPORES, NOR FROM PET/ANIMAL ALLERGENS, NOR FROM CHEMICAL AGENTS INCLUDING, BUT NOT LIMITED TO APPLIANCES, LINENS, CARPETING, UTENSILS, FIXTURES, HOT TUBS, AND/OR OTHER EQUIPMENT. BY WRITTEN OR ELECTRONIC ENDORSEMENT OF THIS AGREEMENT, GUEST(S) AND INVITEES HEREBY AGREE TO FOREVER HOLD-HARMLESS AND INDEMNIFY AND ITS PROPERTY OWNERS FROM AND AGAINST ALL CLAIMS, DEMANDS, LOSS, LIABILITY/RESPONSIBILITY OF ANY KIND AND CHARACTER, INCLUDING COST OF DEFENSE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GUEST(S) USE OF THE PROPERTY.

 

DANGEROUS MATERIALS: Guest shall not keep or have on the Property any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Property, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Host is obtained and proof of adequate insurance protection is provided by Guest to Host. 

  

ASSIGNABILITY/SUBLETTING: Guest may not assign, sublease, hypothecate, or encumber this agreement, without the prior written consent of Host.  Host may withhold its consent in its sole and absolute discretion. 

 

NOTICE: Notices under this agreement shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed to the party at the appropriate address set forth below. Such addresses may be changed from time to time by either party by providing written notice to the address(es) set forth below. Notices e-mailed in accordance with these provisions shall be deemed received on the third day after sending. 
Vacana
P.O. Box 96017
Southlake TX 76092
405-310-1130
reservations@vacana.com