By clicking on 'Make Reservation' below you are agreeing to the Rental Agreement and Cancellation Policy.
Our property is family-owned and operated. We take great pride in the quality of our little slice of heaven. It is cleaned and maintained by a small staff to make your stay here as enjoyable as possible. As our guest, you are responsible for taking care of the property, furnishings and grounds as if this were your own home, and for leaving the home and grounds as you found it. You are also responsible for the behavior of your guests.
Acknowledgment of this Guest Rental Agreement and ‘Assumption of Risk’ agreement are required. Please reach out to us directly if you have any issues or questions.
We look forward to your stay!
This Guest Rental Agreement is subject to change. An updated copy will always be listed under the ‘Policies’ on our website under ‘Rental Agreement’ (www.ouachitahaven.com/rentalagreement). It will be your responsibility as our guests to ensure you are following the most up to date Guest Rental Agreement.
This Vacation Rental Agreement (“Rental Agreement”) is a legal agreement between Ouachita River Haven Resort (also referred to as “Property Manager”), on behalf of itself and Owner and you (also referred to as “Renter(s)”) for the Rental Unit described on the Rental Unit Summary of Terms, which precedes this Rental Agreement and which is incorporated by reference in this Rental Agreement.
This Rental Agreement is effective as of the date when your reservation is screened and this Rental Agreement is accepted by Property Manager, and confirmation is sent to you by email notification.
In order to book and hold your reservation, Property Manager must receive (i) acknowledgment of Rental Agreement (ii) a Deposit in an amount set forth in this Rental Agreement, due on acceptance of this contract by Property Manager.
CLEANING AND LINEN SERVICE POLICY:
The Rental Unit is provided with pillows, linens, blankets, towels, kitchen towels, bedspreads, comforters, and hand towels. We will provide an essential starter pack to make your stay easier. (Starter packs include: 2 rolls of toilet paper, 2 rolls of paper towels, 3 trash bags and 1 sponge.)
A cleaning service to clean the Rental Unit and linens upon Renter’s departure are included on Renter’s invoice. Renter is responsible to ensure that (i) all debris, rubbish and discards are placed in plastic bags and transferred to the outside trash containers; and (ii) soiled dishes and cooking utensils are cleaned and returned to their places.
It is standard for beds to be made for Renter’s arrival as part of the linen and cleaning service.
Renter agrees to the following:
(1) Payment Due. The Deposit is due upon acceptance of the Rental Agreement. The balance of the Rent and other amounts due as set forth on the Rental Unit Summary of Terms are due seven (7) days prior to the Commencement Date for the Rental Unit.
(2) Cancellation. Please contact us as soon as possible if your plans change and you must cancel or reschedule your stay. 50% of deposit is refundable when canceled 7 days before arrival or earlier. 0% of deposit or final payment refundable if canceled after.. We will work with you to re-schedule your dates if your check-in date is greater than 7 days away. No refunds are permitted due to inclement weather. We will accommodate late checkouts if roads are hazardous on your departure day. Please be aware that no refunds are permitted for cancellations on holiday rates, which includes but is not limited to, New Year’s weekend, Memorial Day, 4th of July, Labor Day, Thanksgiving, and Christmas.
(3) Weather. Renter understands that the Property Manager and Owner have no control over the condition of the weather and cannot be held liable for any changes to weather conditions. Renter will not receive any refunds or modifications for bad weather conditions including, but not limited to, hazardous snow, ice conditions, heavy rain or flash flooding, even if a mandatory evacuation is ordered. Renter assumes the risk of occupying the Rental Unit during inclement weather conditions and how difficult traveling in rural mountainous areas can be during such conditions. We are in a very rural area with floodplain property. Please understand that we cannot be held liable for the weather and no refunds or modification will be given if you are not able to make it to your property or feel like you need to leave earlier than your intended stay.
(4) Condition of Rental Unit. Property Manager and Owner have, to the best of their ability, given an accurate description of the Rental Unit and its condition. Renter understands that the Rental Unit is considered as reserved “sight unseen.” Cleaning staff will clean the Rental Unit prior to Renter’s occupancy. All electrical, plumbing and other appliances should be in working order. Operation failures of electrical, plumbing, appliances and certain extra amenities, including but not limited to TV’s, cable, games, hot tubs or Internet and Wi-Fi services, are not a basis for any refund. Property Manager or Owner will make every reasonable effort to have these items repaired, but do not guarantee that they will be repaired during Renter’s occupancy. If Renter, upon arrival at the Rental Unit discovers an appliance not working, or that the Rental Unit has not been properly cleaned, Renter should notify Property Manager immediately. Property Manager will use reasonable efforts to correct the issues. Renter understands the possibility of the homeowner completing upgrades/remodeling between the time of booking and check-in. Please see section (10) Furniture for further details. Renter agrees to hold Owner and Property Manager harmless from any liability for the condition of the Rental Unit. Due to the nature of riverside property in the forest, there are certain conditions such as rocky hillside, large trees, plants and animals that may present dangers, and Renter assumes the risk of such conditions. No ATV, dirt bikes or 4-wheeling is permitted on the property, except to ride from rental to the exit. Discharge of Firearms or fireworks are strictly prohibited. Fireworks may be allowed only with express permission on 4th of July and New Years Eve.
(5) Cleaning and Repairs. Cleaning services are included as part of the amounts due for the Rental Unit. Renter agrees to keep the Rental Unit, furniture and furnishings in good order. Removing, adding or changing furniture without Property Manager’s written approval shall be deemed a material breach of this Rental Agreement, and is strictly prohibited. Renter is responsible for the cost of replacement of any damage to furniture or the Rental Unit and replacement of missing items. No furnishings, decor, or linens from inside the Rental Unit shall be used outside the Rental Unit. For your safety, please follow the Hot Tub Safety Rules (for Hot Tub units) posted at your cabin. Failure to follow these rules can result in an additional cleaning fee of $300 or greater, based on damage.
(6) Entry to Rental Unit. Renter agrees that the Owner or Property Manager may enter the Rental Unit for inventory and maintenance purposes during reasonable daylight hours without securing prior permission from Renter, but shall give Renter notice of such entry immediately prior thereto, as well as immediately afterward. If Renter abandons or vacates the Rental Unit for over 72 hours, Property Manager or Owner may, at their option, terminate this Rental Agreement, re-enter the Rental Unit and remove all Renter’s property.
(7) Accidental Damage; Insurance. Renter will be completely responsible for any and all damage to the Rental Unit caused by Renter, whether accidental or due to Renter’s negligence. Renter understands that Renter is responsible for damage beyond the coverage provided by any applicable insurance policies. Renter is also responsible for damage that would have been covered by insurance if Renter fails to advise Property Manager or Owner of the damage and provides the necessary information that would allow Property Manager or Owner to file a claim against such policy. For your protection, no ATVs, dirt bikes, or 4-wheeling is permitted on our property (with the exception of leaving the rental unit to exit).
(8) Assumption of Risk. Renter acknowledges the risks and danger of occupying a forest cabin and Renter and other persons using the streams, creeks, rivers, or hot tubs do so at their own risk. Renter specifically acknowledges that the areas of the Ouachita National Forest, Ouachita River, and the areas contiguous to and surrounding these, are natural areas with an abundance of bluffs, difficult terrain and wildlife. Owner and Property Manager assume no responsibility for accidents or injuries. Renter agrees to accept full responsibility, assume all risks and has a duty to ensure their own safety and the safety of Renter’s guests and invitees when in and about those outdoor areas. Renter will indemnify and hold both Owner and Property Manager harmless from any and all bodily injury, death, and/or property damage incurred on or around the Rental Unit and any surrounding outdoor areas. Renter also indemnifies and holds both Owner and Property Manager harmless from any liability arising out of Renter’s negligent acts or omissions, or Renter’s use and agrees to indemnify and hold harmless both Owner and Property Manager from any liability for Renter or Renter’s guests, including when Renter or Renter’s guests are on and about any of those outdoor areas. See the Disclaimer at the end of this Rental Agreement for additional information.
(9) Child-Proofing. Renter understands that no special efforts have been made to “childproof” the Rental Unit, and Renter accepts the risks of harm to any children Renter allows in or on the Rental Unit. These risks are not limited to, but include access to, if applicable, hot tub, decks, surrounding areas, riverfront, streets and roadways, cleaning supplies in the Rental Unit and plants in and around the Rental Unit which may be poisonous if ingested. Renter must monitor children and their actions at all times.
(10) Furniture. All furniture must be returned to its original location on Renter’s departure from the Rental Unit or an additional charge is authorized by Renter and may be made by either the Property Manager or Owner from Renter’s credit card. Renter understands the possibility of the homeowner completing upgrades/remodeling between the time of booking and check-in. Ouachita River Haven cannot be held liable for changes/upgrades to sleeping accommodations, furniture arrangements, etc.
(11) Missing Items. The cleaning service performs an inventory/survey of the Rental Unit after Renter’s departure and will notify either the Property Manager or Owner of any missing items. Property Manager will notify Renter in the event that items are presumed missing, and will provide Renter the opportunity to return the missing items prior to charging Renter as set forth below. Renter will be charged for any missing items reasonably attributed to last having been located on the Rental Unit during Renter’s occupancy and which have not been returned after notification to Renter by Property Manager. An additional charge is authorized by Renter and may be made by either the Property Manager or Owner from Renter’s credit card.
(12) Use of Security Cameras. Renter understands and accepts that the Rental Unit may be protected with outside security cameras. There are no cameras inside the Rental Unit. Any cameras outside will not be placed facing towards any private areas, such as the hot tub, or windows/doors.
(13) Personal Property. Renter understands that any personal property of Renter is not insured by Property Manager or Owner and Property Manager and Owner shall not be responsible for any such lost, stolen or missing property.
(14) Keys. Renter will be charged a replacement cost of $25 for each lost key, and an additional charge is authorized by Renter and may be made by either the Property Manager or Owner from Renter’s credit card.
(15) No-Smoking. The Rental Unit is a non-smoking property. Evidence of smoking, such as the smell of cigarettes, marijuana or cigar smoke inside the Rental Unit is sufficient basis to charge Renter for smoke clean-up, including removal of smoke from carpeting, AC ducts and filters and furniture. Renter acknowledges that this clean-up is expensive and is responsible for a $200 cleaning fee and additional charges for any damages due to smoke. Renter is liable for these costs and an additional charge is authorized by Renter and may be made by either the Property Manager or Owner from Renter’s credit card.
(16) Pet Policy. Pets brought to Pet-friendly Cabins must be paid for in advance or at time of booking. (Maximum 2 dogs are allowed at pet friendly cabins for an additional $40 per pet.) Ouachita River Haven only allows dogs inside Rental Units. Any other pet is not permitted. No pets are permitted in or outside the Rental Unit, without prior notice. Dogs need to be crated if left alone at the property. Please no pets on furniture, and ensure all droppings are picked up and disposed of properly. Dogs must be leashed outside of cabin and friendly with other dogs and people. There is a working dog present and off-leash that lives on property.
(17) Maximum Occupancy. Maximum occupancy for the Rental Unit is specified on reservation page and is not to be exceeded.
(18) Subletting. Renter shall not sublet all or any part of the Rental Unit or assign this Rental Agreement or any interest in this Rental Agreement without the prior written consent of Owner or Property Manager.
(19) Check-In/Check-Out for Cabins/Cottages: Check-in is at 3:00 PM, Central Standard Time, and check-out is at 11:00 AM, Central Standard Time. Property must be completely vacated by 11:00 AM in order for our staff to enter the property. Check-In/Check-Out for RV/Campsite Lots: Check-In is 12:00 PM, Central Standard Time, and check-out is at 11:00 PM, Central Standard Time. Lot must be completely vacated by 11:00 AM in order for the property to be prepared and ready for incoming guests. Additional charges will incur if the Rental Unit is occupied before approved Check-In time and after approved Check-Out time. If Renter is not present when cleaning crews arrive and has left possessions in the Rental Unit, they will collect the possessions and remove them from the Rental Unit in order to prepare the Rental Unit for incoming guests. Renter will be charged One Hundred Fifty Dollars ($150.00) for this service and an additional charge is authorized by Renter and may be made by either the Property Manager or Owner from Renter’s credit card. A fee of $100 will be accessed for each hour past the approved Check-Out time. Renter hereby agrees that Renter will check-out promptly, and Renter understands and acknowledges that the cleaning crews have a very short time window to prepare the Rental Unit for new guests.
(20) Check-Out Procedures. Renter is responsible for fulfilling the check-out procedures in the guest package provided, which includes ensuring that all keys are left on counter, dishes washed and put away, and that the Rental Unit is left in an orderly fashion.
(21) Holding Over. Because of the nature of short-term recreational rentals, Renter understands, and is hereby put on notice, that any unauthorized “holding over” of the Rental Unit past the stated rental period could severely jeopardize Property Manager and Owner’s business and cause loss of rental income from other previously booked guests, temporary and/or permanent loss of business, goodwill and reputation and, among other things, could force Property Manager and Owner to breach an agreement with other guests who may have reservations during Renter’s unauthorized “holding over” period. In that event, Property Manager and Owner may be legally liable in damages to other guests. Renter should be aware that unauthorized “holding over” has been construed as a factor in establishing “malicious continuing occupation” of rental property, which may entitle Property Manager and Owner to treble damages in any unlawful detainer action. Renter also recognizes the unauthorized “holding over” could be grounds in court as a cause of action for intentionally interfering with Property Manager’s and Owner’s prospective business advantage. Property Manager and Owner will charge One Hundred Dollars ($100.00) per hour past 11:00 AM, Central Standard Time, on the day of check-out during which Renter has failed to vacate the Rental Unit.
(22) Relationship of Parties. It is specifically agreed and understood that the relationship between the parties herein shall be deemed to be of proprietor and lodger as opposed to a relationship of landlord and tenant. Renter specifically waives and makes inapplicable to this lodging the provisions of Arkansas’ Landlord/Tenant Law.
(23) Remedies. In the event of a default under this Rental Agreement, particularly, but not limited to Renter’s unauthorized “holding over,” and in addition to all other rights and remedies Property Manager and Owner may have at law and under this Rental Agreement, Property Manager and Owner shall have the option, upon written notice to Renter, or as the law may hereinafter provide, to immediately re-enter and remove all persons and personal property from the Rental Unit. In such an instance, this Rental Agreement will be terminated, and Property Manager and Owner shall be entitled to otherwise recover all damages allowable under the law. Renter, as part of the considerations of this rental, and in recognition that this Rental Unit is booked in advance by other guests throughout the year, hereby waives all claims for damages that might be caused by Owner or Property Manager re-entering and taking possession of the Rental Unit or removing or storing personal property as set forth in this Rental Agreement, and will hold both Owner and Property Manager harmless from losses, costs and damages occasioned thereof, and no such re-entry shall be considered or construed to be a forcible entry as defined in the Arkansas Code of Civil Procedure or other similar statutory provisions.
(24) Attorney’s Fee/Default. If any legal action or proceeding (including default, non-payment, etc.) arising out of or related to this Rental Agreement is brought by either party to this Rental Agreement, the prevailing party shall be entitled to receive from the other party, in addition to all other relief that may be granted, the reasonable attorney’s fees, costs and expenses incurred in the action or proceeding by the prevailing party.
(25) Indemnification. Renter agrees to indemnify and hold harmless both Owner and Property Manager for any liability arising before termination of this Rental Agreement for personal injuries, death, or property damage caused by the negligent, willful or intentional conduct of Renter.
(26) Prior Agreements. No prior agreements or understandings not contained in this Rental Agreement shall be effective. Furthermore, other than what is specifically written and set forth herein, neither Property Manager nor Owner makes any other representations regarding the nature, character or quality of the Rental Unit to be rented, and no other representations shall be deemed to exist or be material unless and until they are reduced to a writing and signed by the parties. This Rental Agreement may be modified in writing only, and must be signed by the parties. This Rental Agreement constitutes the entire agreement of the parties. If any provision in this Rental Agreement is held by any court to be invalid, void or unenforceable, the remaining provisions of this Rental Agreement shall nevertheless continue in full force and effect.
(27) Forum Selection, Jurisdiction, Law and Venue. The parties agree to the exclusive jurisdiction and venue of the District Court of the Commonwealth of Arkansas. The sole and exclusive venue (i.e., place where a lawsuit may be filed) for any legal proceedings shall be in Montgomery County, Arkansas. Renter expressly waives any other right or privilege with respect to the election of venue or court (i.e., state or federal) and location of the venue of action.
(28) Governing Law. It is expressly agreed that this Rental Agreement shall be governed and construed by the laws of the Commonwealth of Arkansas without regard to its conflict of law principles, irrespective of the state of residency of Renter.
(29) Prohibition of Weapon Use. Renter agrees that no member of their party will discharge or wield a weapon(s); including, but not limited to, firearms, knives and ammunition, on Ouachita River Haven property. Active use of a weapon(s) brought by the Renter and/or Renter’s party will result in a $350 fee for breach of contract. Failure to follow these guidelines and/or payment of fees will result in seizure and forfeiture of weapon(s), possibly including eviction of property. Owner and Property Manager assume no responsibility or liability for a weapon(s) brought and/or left behind by Renter or Renter’s party, which could lead to accident, injury or death. Renter and Renter’s party agree to accept all liability and responsibility for damages, injury and possible death due to use of and/or leaving an weapon(s).Renter will indemnify and hold both Owner and Property Manager harmless from any and all bodily injury, death, and/or property damage incurred on or around the Rental Unit and any surrounding outdoor areas. Renter also indemnifies and holds both Owner and Property Manager harmless from any liability arising out of Renter’s negligent acts or omissions, or Renter’s use and agrees to indemnify and hold harmless both Owner and Property Manager from any liability for Renter or Renter’s guests, including when Renter or Renter’s guests are on and about any of outdoor areas.
(30) Forgotten Items. Don’t forget to double check under beds and in all rooms to ensure you do not leave any items behind. Ouachita River Haven is not responsible for lost or forgotten items during your stay. If you need items mailed back, a flat $15 facilitation fee + the cost of shipping will be applied. We send all items near the beginning of each month. Please reach out as soon as possible if you believe you have left something behind at the cabin. We will store found items up to 30 days after your departure, after this date items will be tossed or donated if they have not been claimed.
(31) Ouachita River Haven Resort has my permission to use mine, or anyone in my party, pictures that we have chosen to share. Pictures shared with Ouachita River Haven Resort can be used publicly to promote and advertise. I understand that these images may be used in print publications, online publications, presentations, websites and social media. I also understand that no royalty, fee or other compensations shall become payable to me by reason of such use. (Please reach out to us directly if you would rather Ouachita River Haven not use your pictures. We respect your privacy as much as we love sharing your amazing photos!)
RENTER UNDERSTANDS THAT PROPERTY MANAGER AND OWNER ARE NOT RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, OR LOSS OR DAMAGE TO RENTER’S PROPERTY CAUSED DIRECTLY OR INDIRECTLY FROM FOUL, INCLEMENT WEATHER CONDITIONS, ACTS OF GOD OR NATURE, FAILURE OF HEAT, ACCIDENTS RELATED TO FIRE, HEATERS, STOVES, RENTER’S FAILURE TO TAKE ADEQUATE PRECAUTIONS, OR ANY UNFORESEEABLE CIRCUMSTANCES. UNDER NO CIRCUMSTANCES WILL RENTER OR HIS OR HER GUESTS HOLD PROPERTY MANAGER OR OWNER RESPONSIBLE FOR ANY DAMAGES OR CLAIMS OF ANY KIND RESULTING FROM RENTER’S STAY AT THE RENTAL PROPERTY, EXCEPT FOR INTENTIONAL ACTS OF HARM.
Vacation Rental Damage Protection: As a part of your stay, you may 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, the policy will pay a maximum benefit of $3,000.00. Any damages that exceed $3,000.00 or are 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 $3,000.00. Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy here: https://www.vacationrentalinsurance.com
The Vacation Rental Damage can be purchased up to, and including at, check-in.
Vacation Rental Insurance has been made available for purchase with your reservation. Vacation Rental Insurance provides coverage for the loss of prepaid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. Trip Cancellation and Trip Interruption coverage is available for events such as a sickness or injury of yourself, family member or traveling companion; flight delays due to adverse weather; interruptions of road service; terrorist acts; and mandatory evacuations.
THE CREDIT CARD SUPPLIED AT THE TIME OF RESERVATION WILL BE HELD FOR BACKUP SECURITY PURPOSES ONLY
This Rental Agreement and Disclaimer applies to Renter and all Renter’s guests.
We look forward to your visit! Please do not hesitate to contact us with any questions or concerns.
Please contact us as soon as possible if your plans change and you must cancel or reschedule your stay.
You may purchase insurance that would cover unexpected cancellations at https://www.vacationrentalinsurance.com
50% of deposit is refundable when canceled 7 days before arrival or earlier.
0% of deposit or final payment refundable if canceled after..
We will work with you to re-schedule your dates if your check-in date is greater than 7 days away.
No refunds are permitted due to inclement weather. We will accommodate late checkouts if roads are hazardous on your departure day. Please be aware that no refunds are permitted for cancellations on holiday rates, which includes but is not limited to, New Year’s weekend, Memorial Day, 4th of July, Labor Day, Thanksgiving, and Christmas.