LEASE AGREEMENT

IMPORTANT INFORMATION CONTAINED WITHIN

Office hours:  Winter Season Dec 26-March 10 Sunday-Wednesday and Sat 9a-5p, Thu, Fri 9a-7p. Summer Season March 10-Dec 25, Mon-Sat 9a-5p, Sunday 10-5.  In case of an emergency, please call 716-450-1590 OR 716-680-2173.

CANCELLATION POLICY: TENANTS ARE RESPONSIBLE FOR ALL THE NIGHTS RESERVED, regardless of actual arrival or departure dates.  A $50 fee plus any non-refundable components will be charged if you cancel your reservation in writing, PROVIDING the property is re-rented for the same period for the same rental amount.  If the property is not re-rented, the entire rent will be forfeited.  Partial re-books will be prorated.  NO CANCELLATIONS DUE TO UNDESIRABLE WEATHER CONDITIONS EXCEPT FROM 12/1-12/21 AND 3/15 UNTIL HOLIDAY VALLEY CLOSES FOR THE SKI SEASON; then if 3 lifts or less are operating at Holiday Valley, tenant may cancel with a full refund less a $50 fee and any non-refundable components, pro-rated daily.

Tenant  is responsible for the cost of all damages or missing items resulting from tenant or tenant's guest actions.  Tenants are required to remit a $200 security deposit to Vacation Properties ERA  against which all sums necessary for damage, theft, or breakage may be charged.  An additional security deposit amount may be required during holidays and special events.   The deposit will be reduced to pay for damages, extraordinary cleaning that might be necessary and laundry service beyond normal usage.  Unblocked long distance telephone charges that appear on the Owner’s telephone bill will be deducted in addition to a $10 service charge.  All trash must be emptied, bagged, tied and disposed of in the dumpster or as instructed. $5 per bag/for all garbage left.

FOR SALE – If this rental property is listed for sale prior to or after the signing of this lease agreement, the tenant shall allow the property to be shown by a licensed Real Estate Agent provided an appointment is made prior to the showing. 

NO PETS ARE PERMITTED IN ANY Vacation Properties RENTAL AT ANY TIME, FOR ANY REASON.  Violation will result in eviction without a refund, loss of security deposit plus an additional $300.00 cleaning fee.  PLEASE ADHERE TO NON-SMOKING POLICIES! SMOKING IS NOT PERMITTED INSIDE ANY TOWNHOUSE, APARTMENT, PRIVATE CHALET OR HOME.  CERTAIN PORCHES ARE ALSO RESTRICTED.

No large groups or reunion type parties are allowed at any property with out the signed written consent of the Owner and Vacation Properties.  Tenant agrees to take all reasonable steps to see that members of his/her family and other occupants adhere to the rules and regulations set forth by the Homeowner or the Condominium Associations. NO PORTABLE HOT TUBS, SNOWMOBILES OR RECREATIONAL VEHICLES ARE ALLOWED AT ANY PROPERTY.

If Tenant or Tenant's guest violates any of the conditions or arrangements in this contract, Vacation Properties may terminate this contract and enter the premises at will or by statutory proceedings if necessary.  Costs, including reasonable attorneys fees, associated with tenants breach of this agreement and the retaking of possession will be paid by the tenant.

Keys are to be picked up and returned to the Vacation Properties office, 12 Washington Street, Ellicottville, NY. If you will be arriving after office hours, please call in advance for instructions.  WE ARE NOT A HOTEL.  If you are running late, please call for instructions.  Lost keys or keys not returned to the office will result in a $20.00 charge per key.  Lockouts are a $35.00 service charge.  Vacation Properties  is not responsible for items left at rental properties upon departure.  Any item reported lost, then found, will be returned and charged a $20.00 service fee plus postage.

Rental occupancy is not to exceed the accommodation limit for that unit.  Exceeding the accommodation limit can result in additional charges, loss of security deposit and you may be asked to leave the premises without refund.  Special permission from the Agent is required if Tenant wishes to entertain more than 2x the occupancy limit. Parking restrictions/number of vehicles, etc. may apply to some properties. 

We cannot guarantee appliances, heating and air conditioning, etc. and no refund or rate adjustment will be made for mechanical failure.  We make every effort  to keep everything in good working order. In case of breakdown, we will use our best efforts to resolve the matter as soon as possible.  Tenant shall report all needed repairs or damage to   immediately.  Vacation Properties will arrange all repairs. Vacation Properties and Owner reserve the right to enter the premises for repairs and inspections.

Departure procedure: Refer to check-out procedures given at check-in. Tenant agrees to surrender possession at the end of the lease term and remove all his/her possessions.  Late check outs can be arranged for an additional fee. Prior arrangements must be made and are subject to availability.

The tenant fully understands that Vacation Properties  is a rental agency engaging in the rental of privately owned property of others. Vacation Properties represents the property Owner.  Vacation Properties  reserves the right to refuse service to anyone this Agency feels will not be responsible for the property they are renting.  Vacation Properties and the property Owner are not responsible for the loss or theft of any personal items or liable for any accident or injury of any nature.

Vacation Properties reserves the right to move any reservation that might come about due to unforeseen circumstance (sold, out of rental system, Owner's use, act of God, etc.)  Under no circumstance does the obligation of Vacation properties exceed that of refunding the tenant's reservation deposit.  Vacation Properties may provide the Tenant with substitute comparable accommodations for the same period without liability for the breach of contract.  There is no refund for early departures. 

The rental property may not be sublet or this Agreement assigned without the written consent of the Agent.  Tenant certifies by signing the front of this document that  he/she has read carefully the limitations on the rental by Owner and Vacation Properties as set forth in this agreement and agrees to abide by such limitations.

This lease may be executed in counter parts, each of which shall be deemed an original.  This agreement will be governed by the laws of New York State.  In the event any action is brought pursuant to this agreement, the parties agree that such action shall be prosecuted exclusively in the courts of the State of New York and in Cattaraugus County.  Any claim by Tenant that arises out of this lease shall be barred unless tenant commences an action or interposes a defense within 6 months after the date of the inaction, omission, event or action that gave rise to such claim, demand, right, or defense.

Village Lease Agreement

In addition to the information mentioned above:

All single  family home rentals in the Village of Ellicottville are regulated by a Conditional Use Permit restricting the number of people  as tenants to 9. This property located at _________________________________ has a permit for __ tenants; therefore, any group parties/reunions/etc. of more than ___ people shall be conducted off the subject property. Parking restrictions apply to all single  family home rentals. One vehicle per bedroom is permitted at property.  PARKING IS NOT PERMITTED IN ANY FRONT YARD.  ACKNOWLEDGED______________

 The tenants also agree to comply with all Village of Ellicottville ordinances including the noise ordinance. Failure to do so will result in immediate termination of this lease agreement and will allow for entrance to the property by Vacation Properties for the purpose of immediate eviction of tenant(s), plus the loss of security deposit and an additional fee of $500 to cover attorney fees associated with tenants breach of this agreement and the retaking of possession.

NO PORTABLE HOT TUBS, SNOWMOBILES OR RECREATIONAL VEHICLES ARE ALLOWED AT ANY PROPERTY.