Terms &
Conditions of Vacation Rental
In
consideration of the monies received and the mutual promises
contained herein, the Manager (Manager) of the subject property
hereby agrees to give a license to use the Property to the
undersigned, (herein referred to as Guest), on the property and
dates described on the reservation form and in the confirmation
e-mail, under the conditions stated herein.
Advance
Payment:
Guest agrees to pay Manager an Advance Payment in the amount
specified on the reservation form and in confirmation e-mail.
Advance payment is used to secure the property for advance
reservations and is due at the time the reservation is made.
Final
Payment:
Guest agrees to pay Manager the final payment on the date due
and in the amount specified on the reservation form and in
confirmation e-mail.
Cancellation Policy:
A 5% cancellation fee will be applied to all reservations. For
cancellations received within 60 days of arrival or after
arrival date, all payments will be retained. If the subject
property can be re-rented, a pro-rata refund will be issued less
the 5% cancellation fee. We highly recommend that all
Guests purchase travel insurance to protect Guests from anything
that is out of the Guests control.
Security Deposit:
Guest agrees to pay Manager a security deposit in the amount
specified on the reservation form and in the confirmation
e-mail. Guest agrees to pay Manager the amount of actual damages
to the Property arising from use of the Property, as well as for
missing items, excessive clean-up and, if necessary, the cost
incurred in removing Guest from the Property.
Check in: Check in begins at 4:00 PM
on the
Arrival Date specified on reservation form and
in confirmation e-mail.
Checkout time:
Checkout
is NO LATER than 10:00 AM on the
Departure Date
specified on reservation form and in the confirmation e-mail.
Smoke
Detectors:
Guests are required to promptly report inoperative smoke
detector(s) to Manager.
Property Inspections:
All problems, including inadequate cleaning and damage, must be
reported to Manager within 24 hours of check in for prior guest
to be held responsible. Manager reserves the right to enter
premises at any time for the purpose of effecting necessary
inspections, repairs or maintenance.
Notification:
It is Guest's sole responsibility to inspect the Property upon
arrival. In addition to inspecting the smoke detectors, Guest
agrees to inspect the entire Property to ensure that it is free
of hazards and properly equipped. Properties are not equipped
for the elderly or handicapped. Guest assumes the entire risk of
injuries arising from use of the Property. Guest will ensure
that the Property has a secure shower or bathtub mat, and that
the Guest takes reasonable measures to prevent slips in the
bathroom, on staircases, steps, on balconies and throughout the
Property. Guest agrees to take a higher degree of care in the
use of the Property because of the age of the structures on the
Property.
Occupancy:
The maximum number of occupants allowed in the Property is
specified in the reservation. Children over the age of 3 are
counted. Overcrowding or misrepresentation is grounds for
immediate revocation of the license to the Property and removal
of Guest without refund. The Guest is the person who will occupy
the Property. Parents may not book Properties for their
children. The Guest must be present at the Property for the time
of the reservation and take full responsibility for the
Property. Small children are the responsibility of the Guest.
Children should not roam free on balconies, climb on furniture,
hang out of windows, or engage in other unsupervised activities.
Use is at your own risk. Guest takes full responsibility for all
lost or broken items and any damages to the Property of any
kind.
Restrictions on Property Use:
Guests are prohibited from engaging in any unlawful activity or
any other activity that constitutes a nuisance. Violation of
this provision will result in immediate eviction without refund,
and Guest will be held liable for any damages to the Property,
contents and grounds.
Pets:
No Pets
are allowed on the property at any time. Violation of the
"No Pets"
stipulation is grounds for immediate removal without refund.
Smoking
Prohibited:
All properties are
NON Smoking
properties and any form of smoking is prohibited inside the
properties.
Personal Property Loss:
Manager is
not responsible for any loss or damages whatsoever due to the
loss, theft or damage to Guest's personal property or to
personal property owned by Guest's visitors including any
vehicles whether owned, leased or rented.
Returned Checks:
Guest will pay a $50.00 returned check fee on each check
returned by Guest's bank.
Subletting and Assignment:
Guest may not sublet, sublicense or otherwise grant any rights
to the Property.
Property Use:
The Property may not be used for any activity in violation of
local, state or federal laws, or Colorado Insurance rules and
regulations.
Attorney's Fees:
If Manager consults legal counsel or a professional collection
service for collecting any amounts due to Manager under this
Agreement, Guest shall be responsible for all costs of
litigation and/or collection in case of such, including actual
attorney's fees.
Limitations on Rental:
Manager will not be liable for circumstances beyond their
control, including but not limited to appliances or
air-conditioning/heating failure, other mechanical failure,
unfavorable weather, disruption of utility services including
cable television, etc. There will be no relocation, rental
pro-ration or refund in the event of such circumstances. In the
event Manager is unable to deliver the Property to Guest because
of property sale, property Manager decision, fire, mandatory
evacuation, eminent domain or Acts of Nature, or if the property
is unavailable because of construction delays or lack of
utilities, Guest agrees that Manager's sole liability, as a
result of any of these conditions, will be a full refund of all
payments tendered by Guest. Guest expressly acknowledges that in
no event will Manager be held liable for any other condition out
of the control of the Manager, or for any incidental or
consequential damages, including but not limited to, expenses
that result from moving or for any other losses.
Tenancy:
The Guest acknowledges that this is NOT a tenancy for the
Property. The Property is not rented for more than 30 days and
is taxed and treated as a transient occupancy, akin to hotel
accommodations. Property laws do not apply to the license
granted herein, and the Guest may be removed as a trespasser
immediately upon termination of this license. The Property is
rented on regular short term periods and for a significantly
higher rate than a non-vacation rental. Often a Guest is
scheduled to begin a vacation in the Property on the same day as
the checkout day of another prior Guest. If Guest stays even one
additional day, Manager would face significant logistical
problems with the next Guest, including possible liability. As
such, Guest agrees to vacate immediately on the checkout day at
10:00 a.m. Failure to do so will entitle Manager, in addition to
all other remedies available to it, to have Guest ejected by law
enforcement as trespasser and to physically remove Guest and all
of Guest's possessions from the Property (for which Guest hereby
grants permission and consent) and obtain damages and injunctive
relief against Guest.
Indemnification:
Guest agrees to release Manager from and against all liability
should anyone be injured upon the premises during the term of
occupancy resulting from any cause whatsoever, except in the
case of personal injury caused by willful gross negligence on
the part of the Manager.
Effective Date:
Not withstanding any thing to the contrary, this Occupancy
Agreement is binding and effective when no signature is
required, and Guest's affirmative assent to the terms is
expressed by Guest's reservation of the unit. If Guest desires
to terminate this agreement due to lack of assent, he/she must
do so within three days of the date the reservation was made.
Governing Law:
The terms and conditions stated herein will be interpreted by
and governed under the laws of the State of Colorado and any
action arising out of this agreement shall be litigated in the
State of Colorado.
Attorney’s Fees:
In the event of any action or proceeding commenced by any party,
the prevailing party in such action or proceeding shall be
entitled to recover from the other party all cost and expenses
thereof, including actual attorney's fees and cost.
Invalid Provisions: If any provision of this Agreement is
held to be illegal, invalid or unenforceable under present or
future laws effective during the term hereof, such provision
shall be fully severable and this Agreement shall be construed
and enforced as if such illegal, invalid or unenforceable
provision had never comprised a part hereof; and the remaining
provisions hereof shall remain in full force and effect and
shall not be affected by the illegal, invalid or unenforceable
provision or by its severance hereof. Furthermore, in lieu of
such illegal, invalid or unenforceable provision there shall be
added automatically as a part of the Agreement a provision as
similar in terms to such illegal, invalid or unenforceable
provision as may be possible and still be legal, valid or
enforceable.
Entire
Agreement:
This Agreement sets forth the entire understanding of the
parties and supersedes all prior agreements or understandings,
whether written or oral, with respect to the subject matter
hereof. No amendment or modification hereto shall be binding
unless made in writing and signed by the parties hereto.
Waiver:
The waiver by either party hereto of a breach of any term or
provision of this Agreement shall not operate or be construed as
a waiver of a subsequent breach of same provision by any party
or of the breach of any other term or provisions of this
Agreement.
Headings:
Headings of the paragraphs herein are used solely for
convenience and shall not be used for interpretation or
construing any word, clause, paragraph or provision of this
Agreement.
By
checking the box marked "I accept rental terms and conditions"
and submitting your reservation, Guest hereby agrees and accepts
all the terms and conditions stated above.
Agreed and
Accepted:
Guest
