Guestworks Vacation Rental Agreement

This Rental Agreement was updated at 3:15 p.m. Pacific Daylight Time on August 1, 2023.

Reservations booked before that time are subject to a prior version of this agreement, available HERE.

Welcome to Vacasa Guestworks™

Rental Agreement

Updated: August 1, 2023

Vacasa is committed to providing you with the most convenient and reliable vacation rental experience possible. Please call us at (888) 512-0498 if you experience any issues at the Property you’ve booked and we will connect you with the Local Host. By booking your rental of the Property with Vacasa, you acknowledge that you have read and understand, and agree to be bound by, all terms, conditions, and policies in this Agreement, including any Unit-Specific Terms (collectively, the “Terms”). These Terms are intended to help you enjoy a safe, reliable and convenient booking.

Summary of General Rental Policies

The following summary contains a few key points from the Rental Agreement. Please review the full agreement to see all the terms that you are agreeing to.

The property shall not be used by more than the number of adults and children listed in your reservation.
All guests shall abide by Vacasa’s good neighbor policy and shall not engage in illegal activity. Quiet hours are from 10 p.m. to 8 a.m or as otherwise specified by the Owner, Unit-Specific Terms or applicable local laws or community rules.
Pets are not permitted unless specifically noted in your reservation.
Renter must be at least 21 years of age (or the specified minimum age required to rent the property, if different). Guests under the minimum age must be accompanied by a parent or legal guardian.
No smoking is permitted anywhere on the premises.
No commercial photography or filming is permitted on the property without permission. Tents or other structures may not be erected. Use of charcoal grills is not allowed.
Renter is liable for any damage to the property and agrees to accept charges to the card on file should damage occur during occupancy.

8.Cancellation Policy: If you cancel within 24 hours of booking, you'll receive a full refund. After that (unless stated otherwise in the home description and unit-specific terms), if you cancel 30 or more days before the first night of your reservation, you'll receive a refund of any rental payments you've made, minus the booking fee.

Travel Insurance: We recommend that you purchase travel insurance to help protect against financial loss if you must cancel your reservation for a covered reason. Vacasa offers a third-party product, Trip Preserver, which is available for most reservations and includes coverage for trip cancellation or interruption due to listed covered reasons, as well as additional benefits including coverage for losses due to trip delay or medical emergencies while traveling. If you elect to purchase Trip Preserver coverage for your reservation, we encourage you to review your insurance policy wording for all eligibility, benefits, terms, and conditions. For additional information, go to www.trippreserver.com/vacasa.

VACATION RENTAL AGREEMENT

This Vacation Rental Agreement (“Agreement”) is for rental of the vacation rental property specified in a confirmed reservation (the “Property”). This Agreement is between: (1) Vacasa (“Vacasa,” “we,” or “us”), acting for itself and for the owner of the Property (“Owner”), and (2) the person who is the responsible renter of the Property (collectively “Renter” or “you”).

By booking your rental of the Property with Vacasa, you acknowledge that you have read and understand, and agree to be bound by, all terms, conditions, and policies in this Agreement, including any Unit-Specific Terms (collectively, the “Terms”).

A. Unit-Specific Terms. Certain jurisdictions, resorts, and specific homes require renters to agree to additional terms and conditions (“Unit-Specific Terms”). We will inform you during the reservation process of any Unit-Specific Terms that apply to rental of the Property. If any provision of Unit-Specific Terms differs from the Terms in this Agreement, the provision of the Unit-Specific Terms will control.

B. Relationship Between Vacasa, Owner, and Local Host. Vacasa provides an online platform that enables (i) Owners to publish, offer, and facilitate vacation rental accommodations and related services to Renters, and (ii) Renters to search for, book, and use the services offered by each Owner. Vacasa does not own, lease, manage, or provide on-site services at the Property. The “Local Host” is responsible for managing the Property and providing additional support to you and your authorized Occupants during your stay at the Property. The “Local Host” is a person who is responsible for providing on-site services at the Property and for arranging cleaning, maintenance, and similar services. The Local Host may be the Owner or a third-party designated by the Owner. Vacasa does not and cannot control the conduct of Owners or Local Hosts. Each Local Host is independent from, and not affiliated with, Vacasa. In order for your Local Host to provide services to you, you authorize Vacasa to share your information (and that of other Occupants) with the relevant Owner and their Local Hosts. Each Owner is responsible for handling, sharing, and using personal data of Renters and Occupants only as necessary to provide services to each Renter and their respective Occupants as authorized by this Agreement, and in each case, only in compliance with applicable privacy laws and the Guestworks Terms of Service. Prior to your arrival and provided that your reservation has been paid in full and that you have agreed to any required Unit-Specific Terms, you will receive contact information for the primary contact for the Local Host for your stay.

C. Channel Terms. If you are booking through a third-party marketing channel, your booking may be subject to that channel’s own terms and conditions (“Channel Terms”). If any provision of applicable Channel Terms differs from the Terms in this Agreement, the provision of the Channel Terms will control.

D. Meaning of “Vacasa”. Vacasa operates using different legal entities in different geographical regions. As used in this Agreement, the term “Vacasa” means the entity specified in the Unit-Specific Terms, if any. If no entity is specified in the Unit-Specific Terms, then:

If the Property is located in the United States, Vacasa means Vacasa LLC.
If the Property is located in Canada, Vacasa means Vacasa Canada ULC.
If the Property is located in Belize, Vacasa means Vacasa Belize Ltd.
If the Property is located in Costa Rica, Vacasa means Vacasa del Pacífico Central de Costa Rica Limitada
If the Property is located in Mexico, Vacasa means Vacasa Vacation Rentals of Mexico S. de R.L de C.V.

E. Minimum Age. The “Minimum Age” to rent the Property is the age specified in the Property Listing or in any Unit-Specific Terms. If no age is specified in the Unit-Specific Terms, the Minimum Age is 21 years of age (or the minimum age required by law in the jurisdiction where the Property is located, if different). You agree to provide us with proof of age and/or identity upon request. A parent or legal guardian must accompany all guests who are under the Minimum Age for the entire duration of the rental.

F. Responsible Renter. As the Renter, you agree to be an occupant of the Property for the entire duration of the rental. All other occupants will be family members, friends, other responsible adults over the Minimum Age, or accompanied by a parent or legal guardian. You agree to be solely responsible for your actions and the actions of all family members, guests, and invitees (collectively, “Occupants”) present at the Property at any time during your stay, and to ensure that all Occupants understand and comply with the Terms.

G. Good Neighbor Policy. Because the Property is a privately owned home, all Occupants must comply with this good neighbor policy. Please treat the Property with the same care you would use with your own residence and leave it in the same condition it was in when you arrived. To prevent theft of or damage to furnishings or your personal property, you agree to close and lock doors and windows when you are not present at the Property and upon check-out. You and other Occupants agree to conduct yourselves throughout your stay in a manner that is respectful of and not disruptive to neighbors, traffic flow, or the community and that will not prompt complaints to the Local Host, Owner or Vacasa from police, neighbors, or neighborhood or homeowner associations. Noise audible outside the Property is prohibited between 10 p.m. and 8 a.m. You and other Occupants agree to abide by all applicable parking restrictions and limitations.

H. Maximum Occupancy. The number of people present at the Property may not exceed the maximum posted occupancy unless we have given you advance written permission to hold an event at the Property, in which case the number of people present at the Property may not exceed the maximum number of people authorized by Vacasa, the Owner, or the Local Host.

I. No Smoking. No smoking is permitted at the Property (including porches, decks or outdoor areas) at any time.

J. No Permanent Residence. You agree that your use of the Property is on a temporary and transient basis only; that you may not use the Property as a permanent residence; and that your permanent residence is and will remain elsewhere than at the Property.

K. Animals. No animals or pets of any kind are permitted at the Property except (1) as specifically authorized in your reservation, or (2) bona fide service animals that we are required by law to allow. Emotional support animals are not permitted except as authorized pets. You agree that a prohibition on animals is not a guarantee that an animal has not been inside the Property or that the Property is free of animal or pet allergens.

L. Events and Commercial Photography; Structures; Charcoal Grills. Events and commercial photography or filming are prohibited at the Property without express written permission from Vacasa or the Local Host. (If approved, additional conditions and fees may apply.) No tents or other structures may be erected on the property without our express written permission. The use of charcoal grills is not permitted.

M. Criminal Activity Prohibited. Use of the Property for any criminal activity is prohibited and may result in fines, prosecution, and/or your immediate removal from the Property. This prohibition extends to use of the Property’s internet service, if any, for criminal activity, including but not limited to unlawful downloads of copyrighted material, including movies, music, software, or other material. We may cooperate with any investigation of alleged criminal activity that occurred at the Property during your stay.

N. Issues with Property Condition. The Owner cares very much about their Property and strives to keep it in excellent shape. If you notice any problems, hazardous conditions, housekeeping issues, or maintenance issues, please notify your Local Host immediately. If the Property is not in the condition represented in the rental listing, Vacasa may, in its sole discretion, offer an appeasement; provided, however, that in no event will such an appeasement exceed the amount you paid for the reservation.

O. Payment Terms; Fraud. If you are paying by credit card you represent that you are the account holder or an authorized user of the account. If for any reason, Vacasa believes your payment may be refused by the card processor, Vacasa may ask you for a different form of payment. Upon Vacasa’s request, you will immediately provide another form of payment and adequate proof that you are the account holder or an authorized user of the account used for payment (such as a government-issued ID that matches the name on the account). Vacasa may cancel your reservation and authorize the removal of you and all Occupants from the Property immediately if you fail to provide a form of payment that can be validated by Vacasa. We may share your credit card information and other information about you with law enforcement if we suspect fraud. Owners and Local Hosts are not permitted to collect any additional fees or charges for your reservation unless expressly authorized by Vacasa or described in the Property listing or its Unit-Specific Terms. Owners and Local Hosts cannot require you or your Occupants to sign up for or interact with any third party website, application, software, payment portal, or other service in order to provide you with the services authorized by this Agreement.

P. Consequences of Breach; Charges for Damage. Any failure by you or any other Occupants to comply with any of the terms, conditions, or policies above is a breach of this Agreement and may result in a forfeiture of your rights to rent the Property, up to and including immediate removal from the Property without refund and with or without the assistance of law enforcement. Vacasa may terminate this Agreement for breach, and if you are notified of such termination you agree to leave the Property immediately. In addition, you are responsible for, and you authorize us to bill your credit card on file for the full amount of: (1) any damage or loss that occurs at the Property during your stay, other than any damage covered by the Damage Waiver; (2) a charge of up to $1,000 for violations of the pet policy, including for bringing more pets or different types of pets than specifically authorized; (3) an additional cleaning fee of up to $500 (or the actual cost of cleaning services, if greater) for violations of any of the guest policies above (other than the pet policy) or for excessive cleaning required by the acts or omissions of any Occupant during your stay; and (4) any fines issued by police, other government officials or agencies, utility providers, and/or homeowner associations for violation of any law, ordinance, or rule during your stay, and any damages (which may exceed the amount of fines) that result from the violation. If any unauthorized download of copyrighted material via the Property’s Internet service occurs during the period of your stay, you agree that we may share your contact information with the internet service provider or any other party we believe, for any reason, has enforcement rights.

ADDITIONAL TERMS AND CONDITIONS

Q. Cancellation Policy; No Shows. Unless stated otherwise in the home description and unit-specific terms, rental payments are fully refundable (less the amount of Vacasa’s booking fee, which is earned on receipt and becomes nonrefundable 24 hours after booking) for cancellations received 30 or more days before the first night of your reservation. No full or partial refunds will be granted for no-shows or if you cancel less than 30 days before the first night of your reservation, arrive after the first night of your reservation, or depart before the last night of your reservation. Except as expressly provided in this Agreement, no refunds or compensation will be given and Vacasa shall not be liable to you for failure to make the property available for occupancy if the property is unavailable or becomes partially or wholly unusable for any reason outside Vacasa’s control, including but not limited to adverse weather conditions, natural disasters, mechanical failures, evacuation orders or other acts of government agencies, or utility outages. Vacasa advises guests to obtain appropriate and comprehensive travel insurance that covers Renter and all Occupants and that includes coverage for personal injury, illness or disease, and property damage or loss.

R. Travel Insurance. Vacasa advises guests to obtain appropriate and comprehensive travel insurance that covers Renter and all Occupants and that includes coverage for personal injury, illness or disease, and property damage or loss, and to help protect against financial loss if you must cancel your reservation for a covered reason. Trip Preserver coverage is subject to separate eligibility requirements, terms, and conditions. If you elect to purchase Trip Preserver coverage for your reservation, you acknowledge that Vacasa will be entitled to 45% of the fee you pay for such coverage. Trip Preserver is not available for rentals outside the United States or for reservations for properties within the United States that are booked by non-U.S. residents.

S. Arrival Details and Early Check-In/Late Check-Out. Check-in and check-out times will be communicated to you prior to your arrival, unless otherwise set forth in the description of the Property or as communicated to you in advance of your stay. Please confirm your expected arrival time with your Local Host. Standard check-in time is 4pm and checkout time is 10am. We will notify you in advance if early or late check-in or late check-out will be available; additional charges may apply If you do not vacate by check-out time (or late check-out time as agreed by the Local Host), you authorize us to bill your credit card on file for a late departure fee in an amount up to the cost of one night’s rental. You further authorize the Owner and us to initiate any and all proceedings necessary to remove you and all Occupants and their personal property from the Property.

T. Maintenance or Housekeeping Issues; Property Conditions. The Property is provided as is, and we are not responsible for the inoperability or unavailability of any amenities. You agree to contact the Local Host, using the contact information provided in your confirmation email, as soon as you notice any maintenance or housekeeping problem, or any potentially hazardous condition, at the Property, or if any incident occurs at the Property that is related to such a problem or condition. You further agree to give Vacasa and the Local Host a reasonable amount of time to respond to your report and to cooperate with Vacasa’s efforts to address the concern or provide a remedy. We will request that the Local Host take reasonable and appropriate steps to remedy any problem reported to Vacasa as soon as practicable. We, the Local Host or the Local Host’s agents may enter the Property at your invitation to remedy any problem you report, at reasonable times and with reasonable notice to inspect, maintain, or repair the Property, and to address any situation that we or the Local Host reasonably deem an emergency that threatens persons or property. You acknowledge that if the Property has access to amenities that are shared with other properties, such as a shared pool, hot tub, parking lot, or fitness center, that the availability and condition of those amenities is outside Vacasa’s or the Local Host’s control.

U. Choice of Law; Jurisdiction and Venue; Dispute Resolution.

V.1. Choice of Law. Unless a different choice of law is required by the law of the jurisdiction in which the Property is located, this Agreement shall be governed by laws of the State of Oregon, U.S.A, without regard to its conflict-of-law provisions.

V.2. Dispute Resolution and Arbitration Agreement: United States. If (a) your claim relates in any way to a reservation for or stay at a Property located in the United States, or (b) you bring any other claim against Vacasa in the United States (to the extent permitted by this Agreement), then you agree to resolve any dispute arising out of or relating in any way to this Agreement as follows:

V.3. Dispute Resolution: Properties Outside the United States.

If your claim relates in any way to a reservation for or stay at a Property located outside of the United States, you and Vacasa agree to bring any action in the courts of the country in which the Property is located, or in such other location and forum as you and Vacasa may mutually agree.

V.4. Class Action and Jury Trial Waiver. THE PARTIES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.

W. Acknowledgment & Disclaimer; Limitation of Liability.

W.1. Acknowledgment & Disclaimer. You acknowledge the Property may have features, amenities, and conditions that are unfamiliar to you and other Occupants you invite to the Property. You further acknowledge that your use of the Property and its amenities may carry inherent risk, including risk of bodily injury, illness or disease, disability, or death. For example, some Properties include natural habitats for wildlife, insects, and pests that may expose you to injury or disease; or docks, stairways, porches, ledges, cliffs, waterways, hot tubs, and other unmarked natural or manmade features, amenities, and conditions that carry inherent risk. You agree that, by using the Property or its amenities, you voluntarily and willfully assume those risks and assume full responsibility for the choices you make before, during and after your use of the Property and its amenities. You also acknowledge and agree that you and any other adult Occupants are solely responsible for closely supervising and protecting the health and safety of any and all Occupants that are minors, as well as any allowed pets, throughout the duration of your stay.

W.2. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VACASA, LOCAL HOST, AND OWNER EACH EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.

W.3. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL THE OWNER OF THE PROPERTY, LOCAL HOST OR VACASA, NOR THEIR AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OWNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, ILLNESS OR DISEASE, EMOTIONAL DISTRESS, OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH YOUR STAY AT THE PROPERTY. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF VACASA OR THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

X. Indemnity. You agree to hold harmless, defend, and indemnify Vacasa, Owner, and Local Host, and their respective affiliates and employees, for and from all claims for property damage, personal injury, illness or disease, or monetary loss resulting from your actions or omissions, and the actions or omissions of other Occupants, during or relating to your stay.

Y. Substitution of Property. On rare occasions, due to ownership changes, properties being removed from rental use, or a need for extensive repairs or maintenance, or cancellation of a reservation by the Owner, the Property may not be available for rental on the dates of your reservation. In this unlikely event, Vacasa reserves the right to substitute a comparable property. If comparable accommodations are not available, you will have the option of (1) selecting from other available properties (in which case you are responsible for, or will receive the benefit of, any difference in cost) or (2) receiving a complete refund of your reservation payment. In the event of a substitution of rental properties, all Terms in this Agreement, plus any Unit-Specific Terms specific to the substituted property, shall apply to your stay in the substituted property.

Z. Assignment. Vacasa may assign this Agreement or any of its rights, or delegate any of its duties under this Agreement, at any time without your consent.

AA. Sex Offender Registry Check. In certain U.S. markets, we are required to run a search of the U.S. sex offender registry, consistent with applicable law. In connection with this Agreement, you authorize Vacasa to order a sex offender registry check about you through a third-party consumer reporting agency: Guest Ranger LLC, 15475 N Greenway Hayden Loop b2, Scottsdale, Arizona 85260 / phone 480-628-0010 / Guestranger.com. California Residents: Contact Vacasa at bg.check@vacasa.com if you would like a free copy of your sex offender registry check report. Washington State Residents: You have the right to request from the consumer reporting agency a written summary of your rights and remedies under the Washington Fair Credit Reporting Act.