TERMS AND CONDITIONS

This Agreement is entered into between you (the “Guest”, “you”, “your”, “occupants”) and Birch Rentals, a Maine corporation (“Birch Rentals”, “we”, “us”, “our”, or “Manager”), doing business in New Hampshire State as Birch Rentals. This Agreement sets forth certain rules that you must follow in connection with your booking of an Birch Rentals managed home (“Accommodation”) the act of such reservation being a “Booking” or “Reservation” from us, as well as a Host or Rightsholder to the Property (“Owner” or “Host”, together the “Host”), the acts of which, the booking of an accommodation as well as use of an Birch Rentals property are the “Birch Rentals SERVICES”. This Agreement also sets forth certain services that we may provide you in connection with your booking of an Accommodation from a Host.

This Agreement shall take effect when a Reservation is made through any online booking platform or marketing channel (each a “Third Party Platform”) including but not limited to Airbnb (link redacted due to platform terms) VRBO and its affiliate booking sites, Expedia, Homeaway, Birch Rentals Vacation Homes, Flipkey, TripAdvisor, Booking, or the making of an online payment via a web portal (Paypal, Venmo, CashApp) or via direct deposit, wire transfer or check any of which are used to secure an Birch Rentals Accommodation. You further agree that your booking may be subject to that channel’s own terms and conditions (“Third Party Platform Terms”). If any provision of applicable Third Party Platform Terms differs from the Terms in this Agreement, the provision of the Third Party Platform Terms will control.

You acknowledge and agree that by using Birch Rentals in connection with your Booking and accepting the terms hereof, you have read, understand and agree to comply with and be bound by these terms herein as well as the relevant sections of the Birch Rentals's Terms of Service (the “Terms of Use”), as published and updated from time to time at the Birch Rentals website (see footer, “Terms & Conditions Guest Terms”) into which this Agreement is incorporated. Capitalized terms used in this Agreement but not defined herein have the meanings assigned to them in the Terms.

Guest Rules

Guest acknowledges and agree that the Host, Birch Rentals and/or Third Party Platform may require you to accept or otherwise agree to terms of service and other agreements in connection with your Booking. In addition to those agreements, Guests must comply with our Guest Rules here in connection with a Booking. If there is conflict or discrepancy between any agreement with the Host, Birch Rentals or a Third Party Platform and these Guest Rules and Services Agreement, the Guest Rules will supersede to the extent of such conflict or discrepancy.

You agree to comply with all applicable laws and regulations, and that you will not breach any agreements you have entered into with any third parties, such as Hosts and Third Party Platforms.

Booking Summary

You have received a Booking Summary as a result of your Booking of an Accommodation from a Birch Rentals and Host that uses the Site. The Host is also subject to the terms of use found here at https://www.airconcierge.net/terms-of-use, which is part of the Birch Rentals Terms.

You and the Host have separately entered into an agreement, under which the Host has issued you a license to occupy the Accommodation during the agreed period (“Booking Period”) set out in the Booking Summary. YOU HAVE NOT ENTERED INTO A LEASE. THE LICENSE DOES NOT CONVEY ANY PROPERTY RIGHTS OR INTEREST IN REAL ESTATE AND YOU ARE NOT A TENANT OF THE ACCOMMODATION. YOU HAVE NOT BEEN GRANTED EXCLUSIVE POSSESSION OF THE ACCOMMODATION. This means that you have no right to stay in the Accommodation or to otherwise use or occupy all or any part of such Accommodation after the term set forth in your Booking Summary and have no rights to renewal or recurring usage.

Birch Rentals is not an agent of you, the Guest.

You cannot make any changes to the Accommodation nor can you move or remove any furnishings or other items in or on the Accommodation.

You agree to abide by any rules and restrictions placed on the Accommodation by the Host or Birch Rentals (“House Rules”), which may be modified or supplemented at any time in accordance with this Agreement and the Terms. By refraining from terminating this Agreement and your Booking after modification, Guest agrees to be bound by any such rules and restrictions.

The Booking Summary and House Rules may set forth certain restrictions, including without limitation the maximum number of occupants allowed during your use of the Accommodation, any areas of the Accommodation or items in or on the Accommodation that have been designated “no access”, noise restrictions, or limitations on pets, smoking or other activities at, on or from the Accommodation. Your license to occupy the Accommodation will be subject to immediate termination if you or any parties that occupy the Accommodation during the term of your stay violate any terms of this Agreement, the Guest Rules or any other agreement between you and the Host or Birch Rentals.

Birch Rentals has the right to immediately terminate the Rental Agreement and evict the occupants upon: (1) a violation of the rental agreement, including terms of use as outlined herein to which you agree to when booking this property or (2) a violation, as determined by the local police or Sheriff’s department or City Code Compliance Division personnel (or similar governing body that oversees such disputes in the given municipality).

Booking and Cancellation

The Booking Summary which you have accepted is not a booking confirmation. The Accommodation will be booked for the Booking Period set forth in the Booking Summary upon your receipt of a confirmation of Booking (“Confirmation of Booking”). Neither Birch Rentals or the Host is obliged to make the Accommodation available until such time as the Confirmation of Booking has been sent to you by email.

Unless otherwise specified in the Confirmation of Booking the following cancellation policy will apply. If you cancel 90 days or more before the commencement of the Booking Period you may be, but are not obligated to receive a full refund. If you cancel a booking more than 7 days prior to commencement of the Booking Period then you may be responsible for as much as 100% of the full accommodation fees as set out in the Confirmation of Booking (“Accommodation Fees”) for the entirety of the Booking Period and you will be charged such sums to the credit or debit card which you supplied when making the Booking.

For Reservations on Airbnb.com, VRBO.com, AirConciergeVacationHomes.com, or any other online third party platform, the applicable cancellation policy may be denoted on the listing itself, and/or in the booking summary before you confirm your reservation and/or after confirmation of a booking on your booking details summary page. Each existence of the policy shall determine the outcome of a cancellation or request for cancellation.

If you cancel a booking 7 days or less prior to the commencement of the Booking Period then you will be responsible for the full Accommodation Fees for the entirety of the Booking Period and you will be charged such sums to the credit or debit card which you supplied when making the Booking.

In extenuating circumstances the Host or Birch Rentals has the right but not the obligation to approve a full refund.

The Host or Birch Rentals has the right to cancel a booking at any time. Under the circumstance that the host cancels your reservation you may contact Birch Rentals to see if they can assist, however neither Birch Rentals nor the Host is responsible for arranging for suitable alternative accommodations during the Booking Period. In the event Birch Rentals offers but is unable to assist in finding suitable alternative accommodations during the Booking Period, Birch Rentals may attempt to assist you in obtaining a full refund. Birch Rentals shall have no responsibility or liability as a result of a cancellation of any booking.

It is a condition of your Booking that all of the House Rules are complied with in full by both parties. Any failure by either you to comply with the House Rules including any failure to allow Birch Rentals to supply services will permit the other party to terminate your Booking and this Agreement without liability (and without prejudice to any other rights and remedies pursuant to this Agreement).

In the event that the Accommodation becomes unavailable for the whole or any part of the Booking Period and you do not accept a suitable alternative accommodation which is offered to you, then you are entitled to cancel the Booking, and the pre-payment will be refunded to you, but neither the Host nor Birch Rentals will be liable to you for any further amounts in respect of the cancellation of the Booking.

Chargeback. Any chargeback initiated by you or the person who has booked the Accommodation shall be deemed unlawful and a breach of this Rental Agreement and result in a total loss of security deposit. In the event of any alleged breach of this Agreement by Manager or for any issue involving the home or unit causing an impact to Occupant’s stay, Occupant shall have no right to initiate a chargeback. Any and all disputes as between the parties shall be adjudicated in a legal manner as outlined below in the Section “Waiver of Jury Trial”.

Eviction. The Host or Birch Rentals has the right to immediately terminate the Rental Agreement and evict the occupants upon: (1) a violation of the rental agreement, including terms of use as outlined either here or https://www.airconcierge.net/terms-of-use to which you agree to when booking this property or (2) or, a violation, as determined by the local police or Sheriff’s department or City Code Compliance Division personnel, (3) or, in the event that Host, Manager or an agent of either determines in its sole discretion that either the real property, personal property or well-being of the community including but not limited to neighbors, are at risk or have been compromised, destroyed, or otherwise affected negatively as defined and determined by Owner, Manager or an agent of either.

Fees and Charges

You agree to pay the Accommodation Fees as set out in the Booking Summary without deduction or offset. You also agree to pay the cost of any damage to the Accommodation or its contents and to pay any fees, costs and expenses incurred by the Host or Birch Rentals as a result of your failure to vacate the Accommodation on a timely basis at the end of your Booking Period, including, without limitation, as a result of loss of a subsequent booking for the Accommodation for the period following your Booking Period.

The Accommodation Fees set out in the Confirmation of Booking will include the fees payable with respect to the Accommodation only and all taxes payable with respect thereto. No additional concierge or other services which you book through Birch Rentals are included.

By accepting these terms you agree to pay the Accommodation Fees in full and the Host, Birch Rentals or Third Party Platform will collect such amount as set forth in the Booking Summary by charging your provided credit or debit card. You acknowledge and agree that the Host may authorize Birch Rentals to collect and remit Accommodation Fees and other fees and charges paid by you in connection with your stay at an Accommodation. Birch Rentals may also charge you fees for certain services provided by Birch Rentals as agreed by you under this Agreement.

Your prepayment will be collected and paid as set forth above under Booking and Cancellation. On commencement of the Booking Period, the remainder of the Accommodation Fees (if any) will be taken by check-in staff provided by Birch Rentals or will be automatically charged to your credit or debit card. If you fail to check-in to an Accommodation on the date of commencement of your booking, then for the avoidance of doubt you will be responsible for payment of the entire Accommodation Fees for the booking (and all taxes due with respect thereto) and you will be charged such sums to the credit or debit card which you supplied when making the Booking.

In addition to the fees and charges for the Accommodation, all applicable governmental authorities all taxes applicable to your purchase of the Booking from the Host and use and occupancy of the Accommodation may be collected and remitted. Birch Rentals is not responsible for any taxes as a result of any Accommodation.

Credit Card Authorization

When you commence your stay at the Accommodation, you may have to provide a pre-authorize amount from a credit or debit card account supplied by you (which may be different from the card/account you supplied when booking) and the Host will be entitled to make charges against this credit or debit card in the event of any damage to the Accommodation or its contents, or in the event of late check-out or overstaying.

Check-In / Check-Out

The check-in and check-out time at the Accommodation is as stated in the Booking Summary. Unless your Host has agreed to a late check-out as part of your Booking Summary or has expressly agreed in writing to an extension or a further period of occupancy which has been confirmed by a subsequent Confirmation of Booking, then you will be responsible for a full day’s Accommodation Fee for any overstaying past the check-out time on the day of your departure. If you overstay by more than 45 minutes then Host reserves the right to enter, or cause Birch Rentals or other authorized agent to enter, the Accommodation, remove your belongings, change the locks to the Accommodation and take such further action as may be necessary or appropriate (and you will be charged for the costs of any such action which will be charged against the debit or credit card account that you provided at check-in). In addition, you will be responsible for an additional fee equivalent to 150% of the effective daily rate of your stay for each day (or part thereof) that you overstay, as well as any other damages, fees, costs or expenses incurred by the Host or Birch Rentals , including without limitation, as a result of loss of a subsequent booking for the Accommodation or finding alternative accommodations for any subsequent guest who had a booking for the Accommodation for all or any part of the time that you overstayed.

Safety and Conduct

You have primary responsibility for your own safety and for the safety of anyone that you allow on to the Accommodation during your stay. You must read any fire or health & safety guidance which may be provided to you and listen to any instructions or explanations which are provided. It is your responsibility to bring any concerns regarding the Accommodation to the attention of the Birch Rentals and to ask any questions that you may have if you do not understand any of the guidance or instructions provided.

If you become aware of anything during your stay which you believe is a health & safety risk, you must inform Birch Rentals immediately. The Host and Birch Rentals will have access to the Accommodation at all times during your stay to address any such issues.

You must comply with the Terms, this Agreement and you must also comply with any building regulations and House Rules and any reasonable directions of the Host or Birch Rentals.

You may not allow any person other than the person named in the Booking Summary to occupy the Accommodation at any time, except such number of additional guests as may be specified in the Booking Summary. This agreement is personal to you and may not be transferred to any other person. The Host nor Birch Rentals will allow any person other than the persons named in the Booking Summary to access or occupy the Accommodation.

The Booking Summary may specify the maximum permitted number of guests who are authorized to stay in the Accommodation. If you allow more than the maximum number of people to occupy or stay in the Accommodation, you will be liable to pay a supplement of up to 100% of your effective daily rate in respect of each unauthorized guest and the booking may be terminated immediately.

In addition to complying with the Terms, this Agreement and the House Rules and all reasonable directions you also agree that you will:

keep the Accommodation clean, tidy and clear of trash and leave the Accommodation in the same condition as you find it;

not keep or take any pets or animals into the Accommodation (unless otherwise agreed with us and specified as pet-friendly in the Booking Summary);

not do anything that will or might constitute a breach of any consents in relation to the Accommodation or which will or might be in breach (in whole or in part) of any insurance in effect with respect of the Accommodation from time to time;

if the Accommodation is part of a building or complex with common areas, not obstruct or leave any objects or waste in any common areas;

not leave any obstruction outside of the Accommodation;

not do or permit to be done on the Accommodation anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Host or to tenants or occupiers of the building or any owner or occupier of neighboring property including (but not limited to) playing loud music or musical instruments, dancing, entertaining at the Accommodation or moving furniture;

not conduct any illegal activity from the Accommodation;

not conduct any business or commercial activity whatsoever from the Accommodation;

not make any alteration or addition whatsoever to the Accommodation or its contents;

not use the Accommodation for any purpose other than for personal accommodation; and

not invade the privacy of the Host or publish or reveal anything which might allow a third party to identify the address of the property or the identity of the Host or any personal information regarding the Host or the Accommodation (even if such information is already in the public domain).

You acknowledge that the Accommodation is a home and you agree not to access any cupboard or drawers which have been sealed with tamper tape, locked, or otherwise not made available for a Guest. You may be subject to a charge for any breach of any such restricted area.

You hereby indemnify the Host and Birch Rentals in respect of any and all costs, claims, damages, liabilities, and expenses, including, without limitation, reasonable attorneys’ fees and costs) suffered or incurred by the Host or any of the foregoing parties arising out of or relating to a breach by you of this Agreement, including, without limitation the bparagraph. In the event of breach, your membership in Birch Rentals may be terminated in accordance with the Terms and this Agreement.

Residential Property Loss Prevention. You agree to undertake all below precautions to protect the building, structures and lives on site. Such shall include locking doors at night, to procuring trip and damage insurance for your stay. Additionally you agree to the following actions;

Water Damage

Maintain the washing machine, fridge, water heater, air conditioner, and major appliances. Inspect them during your stay to check there are no kinks, cracks, or damage to the drain lines or water hoses.

When leaving the property for an extended period, turn off the main water valve completely and drain all the pipes to prevent freezing. Alternatively, leave the dwelling heated to at least 60 degrees Fahrenheit.

If you are staying in a mountain climate during a period of weather in which day or night time temperatures fall below 60 degrees Fahrenheit, then leave indoor and outdoor pipes dripping to prevent them from freezing or bursting.

Check around sinks and toilets for leaks that worsen during your stay. These issues can lead to costly damages, including mold repair and rotten flooring for which you may be responsible.

Fire Damage:

Maintain all cooking appliances and ensure you have a fire extinguisher in the kitchen before undertaking cooking with heat either gas or flame.

Avoid overloading the electrical outlets and extension cords.

Do not block a baseboard heater.

Never leave candles unattended.

Property Damage:

Make sure to close the garage door at night and lock your car.

Notify Manager as to any dead or damaged trees that potentially put you in danger.

Property Damage

A written or video inventory may be been taken prior to the commencement of your stay. You must notify Birch Rentals of any damage to the Accommodation, contents, fixtures or fittings which occurs during your stay, even if you regard the damage as minimal or normal wear and tear or if you do not believe the damage is your fault.

If you do not notify Birch Rentals of any such damage you will be fully responsible for such damage on a full replacement cost basis.

If you do declare any damage, then you are responsible for full replacement cost

You have authorized Birch Rentals to charge any property damage for which you are responsible to the credit or debit card account supplied by you. Any charges for property damage will be charged to such credit or debit card account which you have supplied. You acknowledge that pursuant to the provisions of this Agreement relating to Credit Card Authorization above, Birch Rentals has obtained a pre-authorization for such charges as noted above.

Liability and Claims

Any claims made by you under this agreement must be made initially through Birch Rentals and in accordance with the Terms. If you notify Birch Rentals within 14 days after making such a claim through Birch Rentals that, in your opinion, the dispute has not been satisfactorily resolved, then Birch Rentals is authorized but may not, provide you with the Host’s details so that you may thereafter pursue the claim directly with the Host.

Neither the Host nor Birch Rentals will have any liability for any business, financial or economic loss or for any consequential, incidental, special or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of this agreement, the Accommodation or the booking (whether such loss arises as a result of negligence, breach of contract, tort or otherwise by the Host or any agent or third party providing services on behalf of the Host, including Birch Rentals). The limitation of liability in favor of Birch Rentals in the Terms applies hereto.

Subject to any exceptions set forth in applicable law, Birch Rentals’s liability for all losses (including, without limitation for property damage, personal injury and death and whether such claim arises out of breach of contract, tort, negligence or otherwise) will be limited to the cost of obtaining a replacement accommodation for the agreed Booking Period or the amount of the Accommodation Fees and charges payable by you, whichever is the higher amount.

The Accommodation is a private residence and neither Birch Rentals or Hosts are responsible for any accidents, injuries or illness including but not limited to contracting of a disease such as Covid19, that occurs on the Accommodation or for any loss of personal belongings or valuables of the Guest. You are responsible for obtaining any vacation, travel or rental insurance which you believe is appropriate with respect to your stay at the Accommodation.

You agree to indemnify and hold Host and Birch Rentals harmless from any and all liability, claims, loss, property damage or expenses arising by reason of any injury, illness (including but not limited to contracting of a disease such as Covid19), death or damages sustained by any person, or to the property of any person, including you or any visitors or invitees whom you permit to enter the Accommodation or the premises of which the Accommodation is a part, where such injury, contraction of illness, death or damage is caused by your negligent, willful or intentional act or omission, or by any such visitors or invitees.

If Host or Birch Rentals is required to engage any attorney to enforce the conditions of this Agreement, the Terms or the House Rules, to collect any amounts due, to remove you or your belongings from the Accommodation, you shall be responsible for all reasonable attorneys’ fees and costs incurred in connection with the foregoing,

Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SITE AND BIRCH RENTALS SERVICES IS AT YOUR SOLE RISK. NEITHER WE NOR OUR AFFILIATED COMPANIES NOR ANY OF OUR RESPECTIVE EMPLOYEES, FOUNDERS, EXECUTIVES, AGENTS, THIRD PARTY PROVIDERS OR LICENSORS (COLLECTIVELY THE “BIRCH RENTALS PARTIES”) WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES, ACCOMMODATIONS OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF WARRANTY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

Liability Limitations

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND SERVICES REMAINS WITH YOU. WE AND THE BIRCH RENTALS PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, INCLUDING WITHOUT LIMITATION THIRD PARTY PLATFORMS, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL WE, THE BIRCH RENTALS PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR BIRCH RENTALS SERVICES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE AND ALL SUCH SERVICES.

IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER WE NOR THE BIRCH RENTALS PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE,INCLUDING, WITHOUT LIMITATION, PRICING OR AVAILABILITY INFORMATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.

NONE OF THE BIRCH RENTALS PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF WE AND THE BIRCH RENTALS PARTIES TO YOU OR ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SITE OR THE BIRCH RENTALS SERVICES SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU SHOULD CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

Indemnity

You agree to defend, indemnify, hold harmless Birch Rentals, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders from and against all claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) your access to or use of the Site and Services, (2) any Member Content submitted by you and (3) any breach or alleged breach by you of these Terms.

Term and Termination

This Agreement is effective from the first date you use the Site and Services. On receipt of an email by you to us cancelling your registration then we will use best efforts to terminate your registration within 30 days. Birch Rentals may terminate or revise these terms at any time with or without notice. The provisions and all obligations of and restrictions on you and any User with respect to the Services shall survive any termination of these Terms.

You agree that Birch Rentals, in its sole and absolute discretion, may terminate your account (or any part thereof) or your use of the Service, for any reason, including for lack of use or if Birch Rentals believes that you have violated or acted inconsistently with the spirit of these Terms. Birch Rentals may, also, in its sole and absolute discretion, and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and you acknowledge and agree that Birch Rentals may immediately deactivate or delete your account and all related information and files in your account and prohibit any further access to all files or the Services by you; however, we do not guarantee that any information posted by you will be deleted from the Site. Further, you agree that Birch Rentals shall not be liable to you or any third party for any termination of your access to the Services.

General

You agree that you have the power to enter into this agreement.

You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you owe to the Host or Birch Rentals against any amounts that that may be owed to you.

The Host or Birch Rentals will be entitled to assign or sub-contract their obligations under this Agreement.

Neither the Host or Birch Rentals will be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any cause beyond their reasonable control such as severe weather, endemic, pandemic, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war and civil unrest or similar occurrences.

This Agreement represents the entire agreement between the parties hereto and supersedes any previous marketing information, representations or agreements of any kind or nature between the parties relating to the subject matter hereof and whether recorded in writing, or otherwise unless such other Agreements provide further, additional, or stricter protections of Birch Rentals or Host’s interests.

The parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.

Amendment. This Agreement may be modified or amended in writing, at any time by Birch Rentals and such modification or amendment shall be limited to this page and notice shall be given at time of modification or amendment by posting on this page such date of update.

Severability. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

Waiver of Contractual Right. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

Governing Law. This Agreement shall be construed in accordance with the laws of the State of Maine.

Dispute Resolution.

i. Jurisdiction. Any disputes between you and Manager shall be venued in Cumberland County, Maine, and according to Maine State Law.

ii. Mediation. You and Birch Rentals agree to mediate any dispute or claim arising between them out of this Agreement before resorting to arbitration or court action. Mediation fees shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in such action. Exclusions from this mediation agreement are set forth in paragraph v, below.

iii. Arbitration. You and Birch Rentals agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 10 years of business law experience, unless the parties mutually agree to select a different arbitrator. The parties shall have the right to discovery in accordance with Title 9 of Part 3 of the Maine Code of Civil Procedure. Judgment upon the award of the arbitrator may be entered into any court having jurisdiction. Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are set forth in paragraph v, below.

iv. Attorney Fees. In the event either party must engage in any effort, civil proceeding or other activity that arises out of, relates to or is connected with this Agreement, or the rights or obligations of any party hereunder, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs, to include expert fees and costs, incurred or sustained by such prevailing party in connection with those efforts.

v. Exclusions. Any matter that is within the jurisdiction of a probate, small claims, or bankruptcy court are excluded from the requirement to mediate and arbitrate. The filing of a court action to enable an order of attachment, receivership, injunctive relief, or other provisional remedy, shall not constitute a waiver or violation of the mediation and arbitration provisions.

Assignment. These Terms and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by you, but may be freely transferred, assigned, or delegated by Birch Rentals.

Termination. The rights and obligations of the parties under these Terms will survive the expiration or termination of this Agreement.

Exclusion and Limitation of Liability. In no event will Birch Rentals be liable for any special, incidental, punitive, exemplary or consequential damages of any kind in connection with this Agreement, even if Birch Rentals has been informed in advance of the possibility of such damages. In no event will the Birch Rentals’s aggregate liability to you in connection with this Agreement exceed the aggregate amount of the fee Birch Rentals earned for your Reservation.

Exclusion. Birch Rentals reserves the right, at its sole discretion, to modify the above at any time by posting an update on this page. By continuing to access the Birch Rentals website, utilize the Birch Rentals service, continue your Reservation at an Birch Rentals Property for rent, or otherwise operate without notification of termination of its services, you agree that the Terms are acceptable to you and binding on you. If the modified Terms are not acceptable to you, your only recourse is to cease using the Birch Rentals and to terminate your participation with Birch Rentals and terminate your Reservation for which a fee may apply.

Insurance.

12. Vacation Rental Damage Protection. As a part of your stay, you are encouraged to purchase a Vacation Rental Damage Protection plan designed to cover unintentional damages to the rental unit interior that occur during your stay provided they are disclosed to management prior to check-out. If purchased, such policy may pay a maximum benefit up to the policy limit shown on the confirmation. Any damages that exceed the policy limit or not covered under the plan will be charged to the credit card on file. If, during your stay at one of our rental properties, an insured person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of the policy limit. Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy on the online website where such policy is purchased. The Vacation Rental Damage plan can be purchased up to, and including at, check-in. By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to pay directly Birch Rentals any amount payable under the terms and conditions of the Vacation Rental Damage. Please contact Birch Rentals directly if you do not wish to participate in this assignment.

12.1 Vacation Rental Insurance has not been automatically made available with your reservation. Vacation Rental Insurance provides coverage for prepaid, nonrefundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. We strongly recommend you purchase this valuable protection.

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