Rental Agreement of Short-Term Rental Suite
By payment of a reservation, you (“the Guest”) are entering into a rental agreement with WhyUpscale (“the Owner”), and therefore agree to and are bound by the Terms and Conditions contained below. Proceeding with this reservation and booking a home (“Suite”) with the Owner shall be deemed acceptance of the following terms and conditions.
Failure to comply with any of the terms and conditions herein will, at the sole discretion of WhyUpscale, result in the eviction of the Guest from the Suite, without recompense or refund.
TERMS & CONDITIONS
Upon booking, Guest agrees that the use of the suite is for “recreational purposes”, and you have no tenant’s rights to this property. Guest agrees this is not your permanent residence, nor do you or any occupant have any rights to occupy the property once the check-out day has arrived.
Bookings completed greater than 10 days prior to the date of arrival require a $500 deposit at the time of booking to hold your reservation. The $500 deposit will be credited towards your balance. Reservations made 10 days or less prior to the date of arrival requires payment to be made in full unless alternative payments are arranged with the Owner in writing. If full payment is not received by the invoice due date, the reservation will be canceled allowing other customers to book; the Guest must vacate the suite upon the check-out date. All payments signify the Guest’s full acceptance of the terms and conditions listed within this document.
The Guest may elect to complete their booking directly on www.WhyUpscale.com. For this method, the Guest’s reservation can be finalized with a credit card payment.
Invoicing can be provided on a weekly or monthly if payment is made in full 14 days prior to the next invoicing period. Payments made weekly will result in a higher payment amount due to additional administrative time and processing fees.
The Guest gives permission to the Owner to verify the Guest’s identity and check criminal databases to confirm reservation. This is to ensure the Owner maintains a safe environment for all guest within the apartment community. Please contact the Owner at www.WhyUpscale.com or call 703-794-5120, if you have any questions.
All cancellations must be in writing. Cancellations received 14 days or more prior to 4pm on the date of scheduled check will receive a 100% refund. Cancellations received less than 14 days but greater than 5 days prior to 4pm on the date of scheduled check in will receive a 50% refund. Cancellations received within 5 days of scheduled arrival date will only be refunded any applicable cleaning or pet fee and the Trust & Safety fee if reservation was itemized. For all-inclusive reservations rates, which are not itemized, cancellations received within 5 days of scheduled arrival date are non-refundable.
Once payment is received, all booking dates are final. In rare instances, the Owner may be able to alter booking dates, however no guarantee of this can be made.
Condition of Suite
The Guest must inspect the suite upon arrival and notify the Owner within 1 hour of arrival of any notable faults or damage. Notification must be made in writing by email to living@WhyUpscale.com. Failure to notify the Owner constitutes acceptance of the Suite in the condition it is found.
The Guest agrees to be financially responsible for any damages caused to the Suite, or to its contents during their stay. This includes breakages, excessive marks or scuffs on walls or for any excessive cleaning charges incurred during your stay.
The Guest should note the aim of these terms and conditions is to maintain and preserve our Suites to the highest standards and prevent mistreatment and damage by guests – the benefits of this policy is the enjoyment of the suite during the stay of all guest. The Owner promises to treat all guests fairly and asks every Guest to look after our Suites with care.
Check-in / Check-out Procedures
Check-in time is after 4:00 pm and check-out is before 10:00 am.
Early check-ins and late check-outs can be requested for an additional charge of $15 per hour to the credit card on file. Early check-ins or late check-outs are not guaranteed and are subject to other reservations scheduled for that unit. In the event that the Guest fails to depart from the Suite by 10:00 am with no late check-out arranged and results in the owner being unable to clean and prepare the Suite for the next arriving guest that day, the departing Guest agrees to pay damages and costs incurred by the Owner including, but not limited to, moving the incoming guest to another rental property. Minimum late check out penalty is $75 per hour.
The Suite utilizes an electronic keyless lock. Upon receipt of the Guest’s final payment, the code will be sent 3 days prior to your arrival. The Guest can go directly to the Suite any time after 4pm, enter the code, and be granted access. There is no check-in location and you do not need to go to the apartment complex office for any coordination. If you have any questions, please contact the Owner directly.
One day prior to scheduled departure, the Guest will receive check-out instructions. Each Suite will have a generally standard set of check-out instructions for the Guest. Although these are not enforceable actions, the Owner does request that you perform the requests to the extent that you are able.
All areas of the property, both the Suite and the apartment complex (“Complex”), are considered non-smoking. Vaping, marijuana, or the use of any illegal substance are all violations. Damage includes, but is not limited to, stains, burns, odors and removal of debris. Guests found in violation of this policy will be required to leave immediately or be removed from the Suite without refund. In addition, a fee of $250 will be charged to the Guest found to be in violation of this policy. CO2 monitoring devices are used throughout our Suites to ensure adherence to this rule. Tampering with such devices is grounds for termination of the reservation without refund.
Unless written permission has been granted, no pets are allowed. This rule can also be waived for some properties which are pet-friendly, but the Guest still must obtain written consent for the Guest’s pet to enter the Suite. Vaccination records, photos, pet fees and additional cleaning charges will apply at the time of booking. These fees are not designed to cover damage or cleaning costs – this is an occupancy fee.
If an unauthorized pet is discovered entering the Suite, the Guest will be asked to leave immediately without refund as Guest will be in breach of this Agreement. A fee of $250 will also be charged to the Guest.
The Guest making the reservation must be 21 years of age or older and must occupy the Suite the entire term of the reservation.
By law, occupancy may not exceed what is posted for each Suite. Maximum occupancy is typically determined by how many people can sleep in the beds at the home as they are designed. The sleeping capacity for our properties is limited to the number of beds provided. Twin beds sleep 1 guest; double, queen and king beds sleep 2 guests each. Extra guests beyond the maximum sleeping capacity are not allowed without expressed written permission in advance by the Owner.
The reservation is accepted & confirmed only for the number of guests declared on the Guest inquiry form, in which the Guest paid for the reservation. The owner reserves the right to cancel the reservation if payment is not received immediately for additional guest(s) (not to exceed maximum occupancy) or the Guest risks being immediately removed from the Suite and the reservation cancelled without refund.
The safety and security of the Guest is of great importance to the Owner. For this reason, video surveillance is used on the exterior (only) of the Suite. A noise monitor is used inside the suite. This noise monitoring device does NOT record actual sound or conversations, it simply monitors the noise level (measured in decibels). Damage to or tampering with security devices is grounds for immediate termination of the Guest’s reservation without refund.
We request the Guest adhere to the quiet hours of 9pm – 7am. No loud noises, music, or loading of vehicles are allowed between these hours. Please note, if these hours are not adhered to, the Guest can be fined and asked to vacate the property without refund.
Packages & Mail Services
Unless provided written consent by the Owner, no mail or packages are to be delivered to the Suite. A $100 fee will be imposed to the Guest for failure to adhere to this rule. If an emergency arises where a package must be delivered, the closest delivery options will be provided within each Suite’s guidebook.
Community Amenities & Complex Rules
Pools, gyms, and other Complex amenities are used at Guest’s own risk. We cannot accept any responsibility for the Guest’s personal safety during your rental period. The Guest is reminded to exercise care as to your personal safety and the safety of your companions. Use of any Complex amenities is entirely at your own risk. It is important that children under 18 are always supervised. For the safety of children, doors that have direct access to the gym or other areas may be alarmed. Tampering or disconnection of these devices is an offense. The Guest agrees to abide by all Complex rules.
The Owner cannot and therefore does not guarantee access to any Complex amenities such as, but not limited to, swimming pools, golf courses, fitness rooms, tennis courts & restaurants. The guest acknowledges that the Owner is not liable if access to any such amenities is restricted due to maintenance, resort policies or any other reason. If you are unsure about what amenities are included at your Suite’s location please ask and we will confirm – most amenities are included, however certain features may be limited or require special passes. The Guest is renting a rental Suite and not the Complex facility or its amenities.
Some Complex amenities are locked and can be accessed by using the key fob located in the Suite. Prior to departure, please place the key fob in the area designated in the check-out instructions. A lost/damaged Complex amenities key fob will result in a $125 charge to the Guest.
The Suite will be delivered to the Guest in a professionally cleaned condition. Upon termination of occupancy, the Owner will arrange for a professional cleaning service to clean the Suite. Guest is responsible for the cost of this cleaning to be charged at the time of booking. This fee is non-refundable if a reservation is cancelled after check-in.
Heating & Cooling
The thermostat in any of our Suites should not be set beyond 67-78 degrees Fahrenheit by the Guest. Setting the temperature too low or too high may result in system failures. If this occurs, the Guest may be responsible for the service charges incurred to fix the system.
We regularly inspect and maintain air-conditioning units but occasionally repairs can be required, and outages can occur. In the event of such an occurrence the Owner will take immediate steps to have the unit serviced and repaired. No guarantee is made about the reliability of air-conditioning units, however with a typical failure, most systems can be fixed the same day. Our suppliers and vendors typically carry stocks of common replacement parts with them when being called to a repair. Please note the Owner does not accept any liability of outages whatsoever.
Allergies & Viral Agents
The Owner is unable to guarantee a peanut-free or allergen-free Suite or Complex. The Owner also cannot guarantee that a Suite will be free of other allergens such as perfumes, lotions, and cleaning solutions. Although the Owner maintains strict standards and precautions against COVID-19 and other viruses, we cannot guarantee that a Suite will be free of such viral agents.
The Owner, or its representatives, may enter the Suite at any time, without notice. This is for any reason deemed necessary by the Owner, including but not limited to, for the purpose of protection of the Suite and its contents. This is extremely rare, and we will endeavor to seek the Guest’s permission to enter the Suite in most instances.
The Guest is not allowed to use the Suite for any immoral or unlawful purpose. This includes the possession or usage of any illegal substances while on the premises. A Guest who violates any law or ordinance will immediately terminate occupancy / the reservation without a refund.
Parties, Gatherings, or Events
The Owner’s Suites are in residential areas and may not be used for parties, birthdays, bachelor or bachelorette stays, get-togethers, handouts, weddings, neighbor disturbances, social or commercial events. Unless given advanced written consent, none shall be held at any Suite. A Guest who violates any law or ordnance will immediately terminate occupancy / the reservation without a refund.
No locks must be broken, changed, or added.
Trash & Recyclables
Trash disposal containers are provided throughout the Complex. If you have any questions regarding the nearest location, please contact our team or the Guidebook located within each Suite. Excessive trash/garbage left upon the Guest’s departure is not acceptable, Trash left inside the garbage cans that is not contained within a trash bag(s) will incur a fee of $50 per trash can, so trash can be bagged and properly removed from the Suite.
All descriptions given on the websites are made in good faith and the Owners accept no liability whatsoever for errors or omissions.
Should you experience any problems with the Suite during your stay, contact the Owner who will make efforts to rectify the matter. Do not attempt to contact the Complex staff. Should a problem remain unresolved, you are required to notify the Owner in writing within 24 hours of vacating the Suite. No action can be taken or liability accepted for any complaints received after this period.
Each Suite comes complete with an equipped kitchen including a refrigerator, freezer, oven, range, microwave, dishwasher, toaster, coffee maker, cookware, dishes, and glasses. Each Suite also includes a full-size washer and dryer. In addition to this, Suites come with linens and towels.
While the Owner tries to provide each Guest with everything they will need, there are some items that are not provided in the rental properties. Suites are self-catering accommodations. The Owner provides complimentary starter items such as coffees, tea, sugar, shampoo, conditioner, lotion, soap, paper towels, facial tissue, toilet paper, trash bags, etc. Once these items are used, it is the Guest’s responsibility to replenish them.
Limitation of Liability
The Owner does not accept liability for equipment failure and/or services in the Suite or Complex. In the event of failure of equipment, the Guest must notify the Owner within one working day, so, at the Owner’s election, may rectify the failure to the best of our ability.
Internet and WI-FI
Internet providers do experience occasional outages throughout the year. In the event of an outage, the Owner (upon request) will attempt (subject to availability) to provide immediate assistance to the Guests who rely on the internet. The Owner accepts no liability whatsoever for internet outages and no refunds of any sort will be due for internet outages.
Cable TV & Streaming Channels
Cable TV (via YouTube TV) and some streaming channels such as Disney+ and Netflix are a free benefit provided in our Suites. In the event of an outage the Owner will make every attempt to restore service as quickly as possible, however please note most cable company internet providers do not dispatch service technicians immediately and it can often take a number of days to schedule new services. The Owner accepts no liability whatsoever for TV outages and no refunds of any sort will be due.
TVs and In Room Theatres
Some of our Suites are equipped with home movie theatres. Please check that this system is working upon check-in and notify us within 1 hour if the system is not functional. Guests are responsible for leaving this equipment in the manner it was found. If you choose to remove any cable and/or plug from its designated wall outlet, you must replace it upon departure and ensure the system is in working order. Any system found tampered with and non-functional at the fault of the Guest upon check-out will incur a minimum $35 charge depending on the need to repair it.
Prior to departure, please make sure to replace the television and other equipment remotes. Each lost remote control will result in a $50 charge to the Guest.
Power and Utilities
The Owner provides utilities free of charge. The Owner does not accept liability for any failure of supplies such as gas, water, electricity. The Owner does not accept responsibility for failures caused at the fault of the utility provider or persons who control or supply main services. In the highly unlikely event of a major service outage the Owner will attempt to relocate the guest to a property with full services. In the even more unlikely event this is not possible no liability is accepted by the Owner.
Candles & Open Flames
The Guest is not permitted to use candles or any open flames within any Suite.
Lost / Stolen Property
The Owner does not accept liability for lost or stolen personal property of the Guest from the Suite during the rental period. The Owner accepts no liability for personal loss or injury to the Guest during the rental period. The Owner accepts no liability for restricted access or no access to any Complex amenities during the rental period. Do not leave the Suite door unlocked at any time.
In the event the Guest may have left a personal item behind in a Suite, the Owner will do its best to locate it; however, the Owner is not responsible for any losses. If the Guest requests to have item(s) returned to them, they will be charged a handling fee of $25 plus any applicable shipping charges. Any items not claimed within 30 days may be donated or sold. Please remember to take all your personal belongings with you!
Travel Insurance & Unforeseen Circumstances
The Owner recommends all guests purchase travel insurance to protect against unforeseen circumstances. We do not currently offer this service.
The Owner does not offer refunds or reschedule trips due to hurricanes, tornadoes or other “acts of God” activities. If the Guest is concerned about possible interruption, cancellation, or delayed travel due to weather or other “acts of God” occurrences, the Guest is strongly encouraged to purchase travel insurance.
The Owner does not accept liability for acts of violence, nature, fire, flood, war, civil disobedience, riot, or other force majeure that may have a deleterious effect on the Guest.
The Owner accepts no responsibility of liability for any loss or damage or alteration in the terms of your reservation caused by events beyond our control, including, but not restricted to war, terrorist activity, civil commotion, flight delays or cancellations airport closure, adverse weather conditions, fire, flood or industrial dispute. There will be no credit given for shortened stays due to late arrival or early departure for any reason and no credit given for cancellation due to weather conditions or other “acts of God”.
There may be circumstances beyond our control, in which the property might not be available for your reservation. Examples of these, but are not limited to, destruction of Complex, sale of Complex, water, gas or sewer leaks, fire or any other damage to the Suite making it inhabitable or potentially inhabitable. In the event of Force Majeure, The Owner will do its best to make alternative arrangements for the Guest whenever possible. The Owner reserves the right in exceptional circumstances to cancel a reservation for any reason it deems necessary. The Owner reserves the right to alter the booked property location to another location of comparable nature for any reason. Comparable nature shall be deemed as at least equivalent number of bedrooms within a 10-mile radius of original Suite. Guests should rest assured such action would only be taken in highly unusual circumstances, such as property floods, utility outages or other reasons of unavailability at short notice. The Owner is not responsible for any other costs connected with any such cancellation, howsoever arising.
Trust & Safety Insurance:
The Owner’s’ Trust and Safety Fee includes up to $10,000 of coverage for Suite contents damage and up to $100,000 coverage for Complex damage and bodily injury. The Trust and Safety Fee is refundable only if the reservation is cancelled in writing prior to check-in date/time. Any deductible or minimum claim amount will be the responsibility of the Guest, and the Owner will process using the form of payment on file for the Guest. If damages are above this, then the Guest authorizes any said damage or missing items charged to their credit card. The Owner’s trust and safety details can be found at www.WhyUpscale.com/trustandsafety.
For assistance, please call (703) 794-5120.