Blue Moose Lodging     BLUE MOOSE LODGING RENTAL TERMS

DEFINITIONS

     Scope of application
     These terms and/or conditions shall not exclude special agreements. These terms and/or conditions shall be subsidiary to agreements made on an individual basis.

     Definitions
     Proprietor: means an individual or entity that accommodates guests against remuneration.
     Guest: means an individual that uses accommodation. Usually the guest is also the Party. Guests also include those persons that are accommodated together with such Party (e.g. family members, friends etc.).
     Party: means a domestic or foreign individual or entity that enters into an Accommodation Agreement as a Guest or for a Guest.
     Consumer and Entrepreneur: these terms shall be construed as defined by Washington state consumer protection laws as outlined in RCW 19.86
     Accommodation Agreement: means the agreement made between the Proprietor and the Party, the contents of which are specified as follows.

CABIN TERMS

     Bar-B-Q's Grills and Smokers
     Bar-B-Q's, Grills, Smokers and other similar cooking devices are not to be used on the decks. Upon request the Proprietor may designate a place to use these types of devices depending on the device in question.
     Charcoal Briquettes and Starter Fluids are prohibited from use outside of the established fire rings.

     Smoking of any products
     Smoking of any products is allowed on decks and at provided firepit only. Guests are asked not to smoke anything in any other locations.
     Products are to be extinguished in provided receptacles only. Guests disposing of products or otherwise extinguishing anything in locations other than the provided receptacles shall be deemed in breach of the Accommodation Agreement. The Proprietor may rescind the Accommodation Agreement under such conditions.

     Pets/Animals
     Sorry, no pets.
     All unauthorized pets will accrue a $100 fee and constitute rescission of this agreement.

     Firearms
     All Firearms are to be properly secured at all times. Firearms (including bows, crossbows, etc.) are not to be discharged on the property(ies) owned by the proprietor.
     The Proprietor is to be informed of all firearms and/or weapons in the possession of all guests. Appropriate permits may be requested by the Proprietor to show proof of ownership.
     Hunting on the property(ies) of the Proprietor is prohibited. Wildlife crossing the property(ies) of the Proprietor shall not be tampered with in any way.

     Children under 12
     Children are very welcome and we encourage you to bring them along, let them run and play, however;
     Children under the age of 12 years are not to be left unattended. Underage children are to be attended by an adult at all times.
     The Proprietor does not provide for daycare, babysitters, lifeguards or other child-care provisions.

     Filthy Apparel
     We ask that you remove excessively dirty shoes and other apparel before entering the cabins if you have been out there having fun. Thanks.

     Deck Use
     Jumping from the decks is not permitted. Sitting on the deck rails is permitted for adults only. Proprietor is not liable for injuries incurred by guests who use the deck rails for seating.
     Please do not leave items on the steps leading up to the deck in order to reduce the risk of injury.
     Food items are not permitted to be left out on the decks unattended. Leftover foods and beverages may attract wildlife including ants, raccoons, deer, etc.

     Ventilation
     We ask that you ventilate your cabin well during your stay to avoid lingering odors and humidity.

     Appliances
     Appliances are only to be used for their intended purpose.
     Metals and non-microwave safe items are not permitted in the microwaves.
     Only food is permitted in the refrigerator. Foods with heavy odors such as fish, takeout, etc are to be kept in an air-tight container.
     Gas heaters, stoves or other appliances are not to be used in the cabins. Electric burners, griddles or grills are permitted.

     Linens
     All bedding and other linens belonging to the Proprietor are to remain in the cabins.
     Fresh Bedding linens may be provided every 7 days upon request. Guests are permitted to launder their bedding more frequently if desired. Bedding linens are only to be laundered in an appropriate commercial appliance.
     Fresh Bath and Kitchen linens may be provided every 3 days upon request.
     Guests damaging or losing linens (or generally rendering them unusable) may be assessed a replacement fee.

     Extra Guests
     Guests are not permitted to allow additional guests to stay overnight in their reserved cabins without the express consent of the Proprietor. Persons visiting guests at their cabin are required to leave the cabin by 12:00 a.m. and are permitted to return no earlier than 6:00 a.m.
     Guests discovered allowing extra persons to stay overnight will be assessed an additional $15 per person per night fee. Guests discovered allowing extra persons to stay overnight which exceeds the maximum occupancy will be assessed an additional reservation night per person over the maximum occupancy at the rate set by their Accommodation Agreement.

     Other Guests
     All guests are required to be respectful of other guests in general. A guest of a Party found to be exhibiting disrespectful behavior may be asked to check-out.

     Waste Materials
     Guests are required to use provided trash and recycle receptacles to dispose of waste materials. Trash or other waste materials left in the cabin(s) after the end of the Accommodation Agreement term may result in an assessed fee starting at no less than $50 at the discretion of the owners.

     Check-out Condition
     Proprietor reserves the right to assess additional cleaning fees in the event that the guests and/or their party leave the cabin(s) excessively dirty or vandalized. Such additional fee amounts are determined at the sole discretion of the proprietor.

TENT SITE TERMS

     Bar-B-Q's Grills and Smokers
     Bar-B-Q's, Grills, Smokers and other similar cooking devices are not to be used in undesignated areas. Upon request the Proprietor may designate a place to use these types of devices depending on the device in question.
     Charcoal Briquettes and Starter Fluids are prohibited from use outside of the established fire rings.

     Smoking of any products
     Smoking of any products is allowed on decks and at provided firepit only. Guests are asked not to smoke anything in any other locations.
     Products are to be extinguished in provided receptacles only. Guests disposing of products or otherwise extinguishing anything in locations other than the provided receptacles shall be deemed in breach of the Accommodation Agreement. The Proprietor may rescind the Accommodation Agreement under such conditions.

     Camp Fires
     Campfires are encouraged. Campfires must be kept in the established fire-rings.
     Only charcoal, wood and wood products (such as paper, cardboard, etc.) are to be burned in the fire rings. No metals, plastics, explosive devices, fireworks, etc. are permitted in the fire rings.
     Charcoal or split log are the only primary burning material permitted in the fire rings. Piles or wads of paper or other products are not to be used as the primary fuel source. Using kindling, wadding, etc for starter is permitted.
     Collection of surrounding dead-wood or cutting of timber is prohibited. The Proprietor may provide initial wood and starter material for your first fire at no charge upon request. The Proprietor may provide additional log-wood and starter material at a negotiated fee upon request.
     All campfires and open-flame devices must be extinguished completely before retiring for the evening.

     Firearms
     All Firearms are to be properly secured at all times. Firearms (including bows, crossbows, etc.) are not to be discharged on the property(ies) owned by the proprietor.
     The Proprietor is to be informed of all firearms and/or weapons in the possession of all guests. Appropriate permits may be requested by the Proprietor to show proof of ownership.
     Hunting on the property(ies) of the Proprietor is prohibited. Wildlife crossing the property(ies) of the Proprietor shall not be tampered with in any way.

     Children under 12
     Children are very welcome and we encourage you to bring them along, let them run and play, however;
     Children under the age of 12 years are not to be left unattended. Underage children are to be attended by an adult at all times.
     The Proprietor does not provide for daycare, babysitters, lifeguards or other child-care provisions.

     Pets/Animals
     Sorry, no pets.
     All unauthorized pets will accrue a $100 fee and constitute rescission of this agreement.

     Lavatory
     Tent guests are not permitted to use the surrounding woods, plains, creeks, rivers or lakes for a lavatory. Appropriate lavatories are available for tenting guests. Guests found urinating or otherwise using the property of the Proprietor as a lavatory will be assessed a $100 fee per incident and may be required to check-out at the discretion of the Proprietor.
     All lavatories provided for guest use are to be kept clean and sanitary. No personal hygiene products are to be left in the provided lavatories. Personal hygiene products are to be properly disposed of by the guest as necessary.
     Limited lavatories are provided, please remember other guests may be waiting to use the lavatory also.

     Food Storage
     Tent site guests are required to keep all foods stored in air-tight containers and coolers. Foods and beverages left out may attract wildlife.

     Waste Materials
     You pack it in, You pack it out. Guests are required to use trash and recycle receptacles to dispose of waste materials. Trash or other waste materials left after the end of the Accommodation Agreement term will result in an assessed fee starting at no less than $50. Tent guests are to leave their site in the same condition it was in when they arrived.

     Trees
     Guests are not permitted to affix anything to the surrounding trees or landscape. Ropes for laundry-line use are permitted.
     Gas lamps and stoves are to be kept a reasonable distance from all trees and brush. Other lighting may be secured to trees or branches within reason and only so long as no hardware is affixed to the trees or surrounding landscape.

     Extra Guests
     Guests are not permitted to allow additional guests to stay overnight in their reserved site(s) without the express consent of the Proprietor. Persons visiting guests at their site are required to leave the property by 12:00 a.m. and are permitted to return no earlier than 6:00 a.m. unless permitted by the proprietor.
     Guests discovered allowing extra persons to stay overnight will be assessed an additional $20 per person per night fee unless permitted by the Proprietor.

     Other Guests
     All guests are required to be respectful of other guests in general. A guest of a Party found to be exhibiting disrespectful behavior may be asked to check-out.

RV and CAMPER PARKING TERMS

     Parking
     Parking is only permitted in designated areas. RV's, Camper-Shells, ORV's, Trailers, etc. are not permitted off of the established roads and parking areas.
     Guests parking vehicles with fluid leaks are required to place an appropriate collection device under the leak in order to keep the fluids from leaking on the landscape, roads and parking areas.

     Smoking of any products
     Smoking of any products is allowed on decks and at provided firepit only. Guests are asked not to smoke anything in any other locations.
     Products are to be extinguished in provided receptacles only. Guests disposing of products or otherwise extinguishing anything in locations other than the provided receptacles shall be deemed in breach of the Accommodation Agreement. The Proprietor may rescind the Accommodation Agreement under such conditions.

     Camp Fires
     Campfires are encouraged. Campfires must be kept in the established fire-rings.
     Only charcoal, wood and wood products (such as paper, cardboard, etc.) are to be burned in the fire rings. No metals, plastics, explosive devices, fireworks, etc. are permitted in the fire rings.
     Charcoal or split log are the only primary burning material permitted in the fire rings. Piles or wads of paper or other products are not to be used as the primary fuel source. Using kindling, wadding, etc for starter is permitted.
     Collection of surrounding dead-wood or cutting of timber is prohibited. The Proprietor may provide initial wood and starter material for your first fire at no charge upon request. The Proprietor may provide additional log-wood and starter material at a negotiated fee upon request.
     All campfires and open-flame devices must be extinguished completely before retiring for the evening.

     Firearms
     All Firearms are to be properly secured at all times. Firearms (including bows, crossbows, etc.) are not to be discharged on the property(ies) owned by the proprietor.
     The Proprietor is to be informed of all firearms and/or weapons in the possession of all guests. Appropriate permits may be requested by the Proprietor to show proof of ownership.
     Hunting on the property(ies) of the Proprietor is prohibited. Wildlife crossing the property(ies) of the Proprietor shall not be tampered with in any way.

     Children under 12
     Children are very welcome and we encourage you to bring them along, let them run and play, however;
     Children under the age of 12 years are not to be left unattended. Underage children are to be attended by an adult at all times.
     The Proprietor does not provide for daycare, babysitters, lifeguards or other child-care provisions.

     Pets/Animals
     Sorry, no pets.
     All unauthorized pets will accrue a $100 fee and constitute rescission of this agreement.

     Lavatory
     Tent guests are not permitted to use the surrounding woods, plains, creeks, rivers or lakes for a lavatory. Appropriate lavatories are available for tenting guests. Guests found urinating or otherwise using the property of the Proprietor as a lavatory will be assessed a $100 fee per incident and may be required to check-out at the discretion of the Proprietor.
     All lavatories provided for guest use are to be kept clean and sanitary. No personal hygiene products are to be left in the provided lavatories. Personal hygiene products are to be properly disposed of by the guest as necessary.
     Limited lavatories are provided, please remember other guests may be waiting to use the lavatory also.

     Food Storage
     Guests are required to keep all foods stored in air-tight containers, coolers or inside their RV, Camper, etc. Foods and beverages left out may attract wildlife.

     Waste Materials
     You pack it in, You pack it out. Guests are required to use trash and recycle receptacles to dispose of waste materials. Trash or other waste materials left after the end of the Accommodation Agreement term will result in an assessed fee starting at no less than $50. Guests are to leave their site in the same condition it was in when they arrived.

     Trees
     Guests are not permitted to affix anything to the surrounding trees or landscape. Ropes for laundry-line, tent, etc. use are permitted.
     Gas lamps and stoves are to be kept a reasonable distance from all trees and brush. Other lighting may be secured to trees or branches within reason and only so long as no hardware is affixed to the trees or surrounding landscape.

     Extra Guests
     Guests are not permitted to allow additional guests to stay overnight in their reserved site(s) without the express consent of the Proprietor. Persons visiting guests at their site are required to leave the property by 12:00 a.m. and are permitted to return no earlier than 6:00 a.m. unless permitted by the proprietor.
     Guests discovered allowing extra persons to stay overnight will be assessed an additional $20 per person per night fee unless permitted by the Proprietor.

     Other Guests
     All guests are required to be respectful of other guests in general. A guest of a Party found to be exhibiting disrespectful behavior may be asked to check-out.

GENERAL TERMS

     Execution of the agreement
     The Accommodation Agreement shall be deemed entered into upon the acceptance of the Party’s order by the Proprietor. Electronic declarations shall be deemed received when they can be collected by the party to which they are addressed under normal circumstances provided that they are received during the published business hours of the Proprietor.
     The Proprietor shall be entitled to enter into the Accommodation Agreement under the condition that the Party makes a down payment. In such event, the Proprietor shall be obliged to inform the Party of the required down payment before accepting the written or oral order of the Party. If the Party agrees to the down payment (in writing or orally ), the Accommodation Agreement shall be deemed entered into upon the receipt of the Party’s declaration of consent on the down payment by the Proprietor.
     The Party shall be obliged to make the down payment no later than 7 days (receipt) before the accommodation. The costs for the financial transaction (e.g. remittance fee) shall be paid by the Party. Credit and debit cards shall be subject to the terms and conditions of the issuing company.
     The down payment shall be deemed an installment of the agreed remuneration.

     Start and end of accommodation
     Unless the Proprietor offers any other time of occupancy, the Party shall be entitled to move into the rented rooms from 2:00 p.m. PST on the agreed date ("date of arrival").
     If a room is occupied for the first time before 2:00 p.m. PST, the preceding night shall be deemed the first night of accommodation.
     The rented rooms shall be vacated by the Party by 11:00 a.m. PST on the date of departure. The Proprietor shall be entitled to charge another day if the rented rooms are not vacated in time.

     Payment for the accommodation
     A non-refundable deposit shall be required in order to secure a reservation. The deposit amount is as follows:

30% of the total agreed price for all reservations.

     Deposits made by cash, check or credit card are accepted. All required deposits must be received prior to your reservation being secured. All payments made by credit or debit card transaction will be assessed a 3% convenience fee.

     Rescission of the Accommodation Agreement – Cancellation fee Rescission by the Proprietor
     If the Accommodation Agreement provides for a down payment and such down payment has not been made by the Party in time, the Proprietor may rescind the Accommodation Agreement without granting any grace period.
     If the Guest fails to arrive by 8:00 p.m. PST on the agreed date of arrival, the Proprietor shall not be obliged to accommodate them unless a later time of arrival has been agreed upon.
     Unless otherwise agreed upon, the Proprietor may rescind the Accommodation Agreement for objectively justified reasons by means of a unilateral declaration by 1 months before the agreed date of arrival of the Party.

     Rescission of the Accommodation Agreement – Cancellation fee Rescission by the Party
     The Party may rescind the Accommodation Agreement by means of a unilateral declaration by 3 months before the agreed date of arrival of the Guest without being liable to pay a cancellation fee.
     Outside the period specified above, the Party may only rescind the Accommodation Agreement by means of a unilateral declaration subject to the following cancellation fees:

70% of the total agreed price by 30 days before the date of arrival;
100% of the total agreed price within 29 days before the date of arrival.

     Prevention from arrival
     If the Party is prevented from arriving at the accommodating establishment on the date of arrival since this is impossible due to unforeseeable extraordinary events (e.g. extreme snowfall, floods etc.), the Party shall not be obliged to pay the agreed remuneration for the date of arrival.
     The obligation to pay the remuneration for the booked stay shall revive as soon as the arrival becomes possible again provided that it becomes possible within three days.

     Provision of substitute accommodation
     The Proprietor may provide the Party or the guests with adequate substitute accommodation (of the same quality) provided that this is reasonable for the Party, particularly if the difference is insignificant and objectively justified.
     An objective justification shall, for example, be deemed given if the room(s) has (have) become unusable, guests that have already been accommodated prolong their stay, the establishment is overbooked or this becomes necessary due to other important operational activities.
     Any extra expenses arising from such substitute accommodation shall be paid by the Party.

     Rights of the Party
      By entering into an Accommodation Agreement, the Party shall acquire the right to make normal use of the rented rooms and the facilities of the accommodating establishment that are usually accessible to the guests for use without any special conditions and of the usual service. The Party shall exercise their rights in accordance with any applicable hotel and/or guest regulations (rules of the house).

     Obligations of the Party
     The Party shall be obliged to pay the agreed remuneration plus any extra amounts that have arisen from the use of special services by the Party and/or the accompanying guests plus any applicable VAT by the date of departure at the latest.
     The Proprietor shall not be obliged to accept foreign currencies. If the Proprietor accepts foreign currencies, such shall be accepted at the current price if possible. If the Proprietor accepts foreign currencies or cashless means of payment, the Party shall pay any associated costs, e.g. for inquiries with credit card companies, telegrams etc.
     The Party shall be liable towards the Proprietor for any damage caused by themselves or the Guest or any other persons that receive services of the Proprietor with the knowledge or in accordance with the intention of the Party.

 

     Rights of the Proprietor
     If the Party refuses to pay or is in arrears with the agreed remuneration, the Proprietor shall be entitled to make use of the legal right of retention in accordance with local law and the legal right of lien in accordance with local law with respect to the items brought along by the Party or the Guest. Furthermore, the Proprietor shall be entitled to make use of this right of retention or lien in order to secure its claims under the Accommodation Agreement, particularly for catering, other expenses made for the Party and for any kind of damage claims.
     If services are requested by the Party or during unusual times of the day (after 8.00 p.m. and before 8.00 a.m.), the Proprietor shall be entitled to charge an extra remuneration. However, such extra remuneration shall be indicated prior to the provision of the service requested. The Proprietor may also refuse such services for operational reasons.
     The Proprietor shall be entitled to issue invoices or interim invoices for its services at any time.

     Obligations of the Proprietor
     The Proprietor shall be obliged to provide the agreed services to an extent that complies with its standards.

     Liability of the Proprietor for damage to items of guests
     The Proprietor shall not be liable for loss, theft, damage or other personal loss by the Guest or Party.
     The Proprietor may not be held liable for slight negligence. If the Party is an Entrepreneur, the Proprietor may neither be held liable for gross negligence. No consequential or indirect damage and no loss of profit shall be reimbursed.

     Animals
     Sorry, no pets.
     All unauthorized pets will accrue a $100 fee and constitute rescission of this agreement.

     Prolongation of the accommodation
     The Party may not claim for a prolongation of their stay. If the Party informs the Proprietor in time that they intend to prolong their stay, the Proprietor may consent to a renewal of the Accommodation Agreement. However, the Proprietor shall not be obliged to do so.
     If the Party is prevented from leaving the accommodating establishment on the date of departure since all ways of travel are blocked or unusable due to unforeseeable extraordinary events (e.g. extreme snowfall, floods etc.), the Accommodation Agreement shall automatically be renewed for the duration of such prevention from departure. The remuneration to be paid for this period may only be reduced if the Party is unable to fully use the offered services of the accommodating establishment due to the extraordinary weather conditions. The Proprietor shall be entitled to charge as a minimum the remuneration corresponding to the price usually charged in the low season.

     Termination of the Accommodation Agreement – Early cancellation
     If the Accommodation Agreement has been made for a definite term, it shall end upon the expiry of such term.
     If the Party leaves prematurely, the Proprietor shall be entitled to charge the total agreed remuneration. The Proprietor shall deduct anything saved due to the failure to use its scope of services or maintained by letting the booked rooms to other guests. Such savings shall only be deemed to exist if the capacities of the accommodating establishment are fully used upon the Guest’s failure to use the booked rooms and the room can be let to other guests due to the cancellation by the Party. The burden of proof to show that savings have been made shall lie with the Party.
     Upon the death of a Guest, the Agreement with the Proprietor shall become extinct.
     If the Accommodation Agreement has been made for an indefinite term, the Parties may terminate the Agreement by 10.00 a.m. of the third day preceding the intended end of the Agreement.
     The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect for important reasons, particularly if the Party and/or the Guest:

a) makes significantly adverse use of the rooms or makes their stay intolerable for the other guests, the owner, its vicarious agents or the third parties staying at the accommodating establishment due to ruthless, offensive or otherwise highly improper conduct or commits an act against property, morality or physical safety towards these persons that is subject to penalty;

b) suffers of a contagious disease or a disease the duration of which exceeds the term of accommodation or otherwise is in need of care;

c) fails to settle the presented invoices when they become payable within a reasonably set period (3 days). If the performance of the Agreement becomes impossible due to circumstances to be deemed events of force majeure (e.g. acts of God, strike, lockout, official orders etc.), the Proprietor may terminate the Accommodation Agreement at any time without giving prior notice unless the Agreement is already deemed terminated under the law or the Proprietor is released of its obligation to accommodate the Party. Any claims for damages etc. by the Party shall be excluded.

     Sickness or death of the Guest
     If a Guest gets sick during their stay at the accommodating establishment, the Proprietor shall arrange for medical care at the request of the Guest. In the event of imminent danger, the Proprietor shall arrange for medical care even without the special request of the Guest, particularly if this is necessary and the Guest is unable to do so themselves.
     As long as the Guest is unable to make decisions or it is not possible to contact the family of the Guest, the Proprietor shall arrange for medical care at the expense of the Guest. However, the extent of such care shall end as soon as the Guest is able to make decisions or their family has been informed about the sickness.
     The Proprietor shall particularly be entitled to damages from the Party or the Guest or, in the event of their death, their successors for the following expenses:

a) unsettled medical costs, costs for ambulance transports, drugs and medical aids,

b) room disinfections that have become necessary,

c) linen, bed sheets and bed furnishing that have become unusable, or otherwise the disinfection of thorough cleaning of all of these items,

d) restoration of walls, furniture, carpets etc. if such have been contaminated or damaged in relation with the sickness or death,

e) rent for the room, provided that it has been occupied by the Guest, plus any days during which the rooms are unusable due to disinfection, vacation etc.,

f) any other damage incurred by the Proprietor in relation with the sickness or death.

     Place of performance, place of jurisdiction and applicable law
     The place of performance shall be the place where the accommodating establishment is situated.

     Miscellaneous
     Unless otherwise specified in the above provisions, any time limits shall start upon the document by which such time limit is instructed being delivered to the Party that must comply with the time limit. When calculating a time limit based on days, the day of the moment or event to which the start of the time limit refers shall not be included in the calculation. Time limits based on weeks or months shall refer to the day of the week or month that corresponds to the day starting from which the time limit is to be counted according to its name or number. If the relevant month lacks such day, it shall be replaced with the last day of such month.
     Any declarations shall be received by the other party by the last day of the time limit (12:00 midnight).
     If any gaps arise in relation with the Agreement, the applicable legal provisions shall apply.