Vacation Rental Terms And Conditions

Good Neighbor Policy – Guest Code of Conduct

We are pleased to make homes available for visitors to share and enjoy all that the Lake Geneva area has to offer. Please bear in mind that the home you are renting is someone’s personal residence and in a neighborhood with many permanent residents. To ensure the quality of our homes and the peace and quiet of our neighborhoods, all occupants must adhere to the guest code of conduct and our rental terms and conditions. Certain homes have additional restrictions so Please contact or message us in advance of booking to make sure this home and our policies are compatible with your group and intended use. We thank you in advance for your understanding.

• Identification and use: The names and ages of all occupants and proposed use of the property must be provided. All adult groups must be 25 years of age or older for rentals less than 30 days.
• Maximum Occupancy: Guests shall not exceed the number of adults and children published on the property listing. Additional daytime guests are limited to a maximum of 4 and must depart prior to 10:00 PM.  Some properties require additional resort fees for any guests and it is the responsibility of the primary guest to pay these fees in advance of the arrival date of the booking. House parties and/or gatherings are strictly prohibited and will result in immediate eviction with no refunds.
• Noise: Elite strictly enforces quiet time from 10pm to 8am daily. Guests must keep the volume of voices and music to a reasonable level and bring conversations indoors after 10:00pm and close windows and doors to keep any noise inside.
• Trash: All other garbage items should be bagged, tied, closed, and placed only in the trash or recycle bin. Please contact us if the bins are full.
• Parking: Do not exceed the designated amount of parking provided on the property. Do not block neighboring driveways or use others parking spots, and maintain access for emergency vehicles at all times.

1. The property shall not be used by more than the number of adults and children listed in your reservation.
2. All guests shall abide by Elite’s good neighbor policy and shall not engage in illegal activity. Quiet hours are from 10 p.m. to 8 a.m.
3. No pets of any kind are permitted at the Property except if (1) the home is listed as dog friendly or (2) they are recognized as bona fide service animals that we are required by law to allow Under the federal law ADA (Americans Disability Act).
4. Renter must be at least 25 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.
5. No smoking or vaping is permitted anywhere on the premises.
6. No commercial photography or filming is permitted on the property. Tents or other structures may not be erected. Use of charcoal grills or outdoor heaters are not allowed. Camp fires are only permitted in actual fire pits.
7. Renter is liable for any and all damage to the property and agrees to accept charges to the card on file should damage occur during occupancy.
8. The storing or parking of trailers, boats, or any motorized vehicles/RVs are not permitted unless you have written permission by Elite Lake Rentals.
9. Cancellation Policy: Once your initial payment is made, your booking is confirmed. If you cancel 60 or more days before your check-in date, you will receive a refund of any rental payments you’ve made, minus 3% and the Admin fee.  If you extend your stay while in-house and make payment but decide to leave early, you will not receive a refund.
10. 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.
11. SMS Correspondence: By providing your phone number, you agree to receive text messages from our company. Message and data rates may apply. Message frequency varies.
12. Full Rental Agreement

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) Elite (“Elite,” “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 Elite, you acknowledge that you have read and understand, and agree to be bound by, all terms, conditions, and policies in this Agreement, including any Property-Specific Terms (collectively, the “Terms”).

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

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.

Meaning of “Elite”. As used in this Agreement, the term “Elite” means the entity specified in the Property-Specific Terms, if any. If no entity is specified in the Property-Specific Terms, then:

• If the Property is located in the United States, Elite means Elite Lake Rentals LLC.

RENTAL POLICIES AND GENERAL TERMS

1. Minimum Age. The “Minimum Age” to rent the Property is the age specified in any Property-Specific Terms. If no age is specified in the Property-Specific Terms, the Minimum Age is 25 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 upon request. A parent or legal guardian must accompany all guests who are under the Minimum Age for the entire duration of the rental.
2. 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.
3. 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 Elite 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. 

Elite properties are proactively monitored for compliance with this noise policy.  Decibel sensors notify Elite of sounds in the property that exceed 75 decibels (dB).  The noise sensors are 100% privacy compliant and required on this property.  You hereby consent to the use of sound level monitoring.  If Elite receives a noise complaint from a neighbor and/or receives a notification that the noise level in the property has exceeded 75dB, Elite will contact you and issue a first warning to reduce the noise level.  If, after the first warning, Elite subsequently receives an additional noise complaint and/or notification that the noise level in the property has exceeded 75dB, Elite reserves the right, in its sole discretion, to charge you a penalty of $500 and/or remove you and all occupants from the property without a refund.

1. 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 Elite.

2. No Smoking. No smoking is permitted at the Property (including porches, decks or outdoor areas) at any time. Smoking in any Property will result in a damage fee of $1,000 charged to the card on file.

 3. 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.

4. No animals or pets of any kind are permitted at the Property except if (1) the home is listed as dog friendly or (2) they are recognized as bona fide service animals that we are required by law to allow Under the federal law ADA (Americans Disability Act). Emotional support animals are not permitted. 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.

5. Trailers, Boats, or any Motorized vehicles. The storing or parking of trailers, boats, or any motorized vehicles/RVs are not permitted unless you have written permission by Elite Lake Rentals.

6. Events and Commercial Photography; Structures; Charcoal Grills, Fire Pits, Outdoor Heaters. Events and commercial photography or filming are prohibited at the Property without our express written permission. (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 and outdoor heaters are prohibited and not permitted. Campfires are only allowed at properties that provide an actual fire pit and flames must be contained within the confines of the fire pit. Guests are fully responsible for ensuring the fire is always attended by an adult.  If leaving the property, guest is responsible for making sure fire is completely out by drowning it with water. Remember, if it’s too hot to touch…it’s too hot to leave.

7. 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.

8. 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, Elite believes your payment may be refused by the card processor, Elite may ask you for a different form of payment. Upon Elite’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). Elite may cancel your reservation or remove you and all Occupants from the Property immediately if you fail to provide a form of payment that can be validated by Elite. We may share your credit card information and other information about you with law enforcement if we suspect fraud.

9. 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. Elite 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; (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; (4) If any future reservations have to be moved to another property or cancelled due to intentional damage to the property requiring repairs caused by you or any occupants of the property during your reservation, you authorize us to bill your credit card on file for the full amount of relocating the guest to another property; and (5) 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

1. Cancellation Policy; No Shows. Unless stated otherwise in the home description and property-specific terms, rental payments are fully refundable (less 3% and the amount of Elite’s Admin fee, which is earned on receipt and becomes nonrefundable) for cancellations received 60 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 60 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. If you decide to extend your stay while in-house and payment is made but then decide to leave early, you will not be refunded for the stay extension. Except as expressly provided in this Agreement, no refunds or compensation will be given and Elite 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 Elite’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. Elite 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.
2. Travel Insurance. Elite 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.
3. Early Check-In/Late Check-Out. Early check-in or late check-out may be available; additional charges may apply. If you do not vacate by check-out time (or late check-out time as agreed by Elite), you authorize us to bill your credit card on file for a late departure fee of up to one night’s rental and we may remove all Occupants and their personal property from the Property.
4. 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 Elite, 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 Elite a reasonable amount of time to respond to your report and to cooperate with Elite’s efforts to address the concern or provide a remedy. We will take reasonable and appropriate steps to remedy any reported problem as soon as practicable. We 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 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 Elite’s control.
5. Choice of Law; Jurisdiction and Venue; Dispute Resolution.

Q.1. Choice of Law. Unless otherwise specified in any Property-Specific Terms or if 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 Wisconsin, U.S.A, without regard to its conflict-of-law provisions.

Q.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 Elite 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:

1. Agreement to Arbitrate. Except as otherwise provided in this section, you and Elite mutually agree that any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Payment of fling, administration and arbitrator fees will be governed by the AAA’s rules. To begin an arbitration, a party must send a letter to the other party requesting arbitration and describing the claim. If Elite requests arbitration, it will send the letter to your most recent email or physical address in Elite’s records. If you request arbitration, you must send the letter to Elite’s registered agent in the state in which the Property you reserved or stayed at is located, or if the dispute does not involve a reservation for or stay at a specific property, to Elite’s registered agent in the state of Wisconsin.
2. Place of Arbitration. Except as otherwise required by AAA’s Consumer Arbitration Rules, the arbitration shall take place in the county in which the Property is located, or in the state of Wisconsin, if the dispute does not involve a reservation for or stay at a specific property, or in such other location as you and Elite may mutually agree.
3. Exceptions to Arbitration Requirement. As the only exceptions to the parties’ agreement to submit all disputes to binding arbitration as provided herein, Elite and Renter both retain the right to pursue: (1) in small claims court in the county in which the Property is located (or if the dispute does not involve a reservation for a specific property, the small claims court for (Walworth County, WI), any claim that is within that court’s jurisdiction, and the parties consent to the personal jurisdiction and venue of such court, and Elite further consents to Renter’s appearance by telephone or video in lieu of personal appearance, if allowed under applicable court rules; and (2) a suit in any court with jurisdiction to enjoin (whether by temporary, preliminary, or permanent injunctive relief) infringement or other misuse of intellectual property rights.

Q.3. 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.

1. Acknowledgment & Disclaimer; Limitation of Liability.

R.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, hot tubs, pools, 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, throughout the duration of your stay.

R.2. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELITE 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.

R.3. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL THE OWNER OF THE PROPERTY OR ELITE, 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 ELITE 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.

1. Indemnity. You agree to hold harmless and indemnify Elite and Owner, and their respective affiliates, 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.
2. Substitution of Property. On rare occasions, due to ownership changes, properties being removed from rental use, or a need for extensive repairs or maintenance, the Property may not be available for rental on the dates of your reservation. In this unlikely event, Elite 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 Property-Specific Terms specific to the substituted property, shall apply to your stay in the substituted property.

1. Assignment. Elite may assign this Agreement or any of its rights, or delegate any of its duties under this Agreement, at any time without your consent.
2. Property Specific Terms

This vacation rental agreement (‘Agreement’) is by and between Elite Lake Rentals LLC (‘Company’), for the Owner of this vacation rental property (‘Owner’) and the Renter of this vacation property, who is solely responsible for the actions of their family, invitees, and guests (‘Renter’). A. The property shall not be used at any time by more than the amount of adults and children as per your reservation. B. Pets are not permitted unless specifically noted in the reservation. C. All guests must be at least 25 years of age or accompanied by an adult, 25 years of age or older. No exceptions. D. No smoking is permitted on the premises. E. No tents or other structures may be erected on the property. F. Renter is liable for any damage to the property. G. Cancellation Policy: Rental payments (less a 3% processing fee and Admin fee) are fully refundable up until 60 days prior to the reservation. H. No animals or pets of any kind are permitted at the Property except if (1) the home is listed as dog friendly or (2) they are recognized as bonafide service animals that we are required by law to allow Under the federal law ADA (Americans Disability Act). Emotional support animals are not permitted. A breach of any of the above terms may result in a forfeiture of your rights regarding this rental property, including eviction from the premises without refund.

GUEST VERIFICATION

I give permission to SafelyStay, Inc., to verify my identity, and check criminal databases in order to confirm my reservation. Complete terms regarding Safely’s guest verification can be found at www.safely.com/terms. You may receive an email from Concierge@Safely.com to complete your screening. Please check your spam inbox for this email, and contact Safely at Concierge@Safely.com, or go to www.Safely.com, if you have any questions.

TRUST & SAFETY

As part of our effort to help you relax and enjoy your stay, we have partnered with Safely.com to provide you with the below protection. The cost of this protection has been included in your rental rate and fees and covers you for accidental damages during your stay.

The SafelyStay, Inc. Trust and Safety Fee includes up to $5,000 of accidental coverage for contents damage and up to $1,000,000 coverage for accidental property damage and bodily injury. For claims to be approved, all damage must be reported to Elite prior to departing the property.  You are responsible for, and you authorize us to bill your credit card on file for the full amount of all repairs and replacements needed due to any intentional damage or loss that occurs at the Property during the reservation.

ALL PROPERTIES ARE MANAGED BY ELITE LAKE RENTALS LLC.

A BREACH OF ANY OF THE ABOVE TERMS MAY RESULT IN A FORFEITURE OF YOUR RIGHTS REGARDING THE RENTAL PROPERTY, INCLUDING EVICTION FROM THE PREMISES WITHOUT REFUND.