TERMS AND CONDITIONS OF RENTAL / GUEST AGREEMENT
In consideration of the monies received and the mutual promises contained herein, we the owners of the subject property hereby agree 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 Confirmation, under the conditions stated herein.
Security Deposit: Guest agrees to provide Owner a major credit card to serve as a security deposit. Guest agrees to pay Owner 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.
Smoke Detectors: Guests are reminded to check all smoke detectors upon check in and promptly report inoperative smoke detector(s) to Manager.
Property Inspections: All problems, including inadequate cleaning and damage, must be reported by phone 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. 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. 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 unless prior arrangements have been made with the property owner. Violation of the "No Pets" stipulation is grounds for immediate removal without refund.
Parking: Park vehicles only in garage or driveway of rental Unit, or in other designated areas. Parking on some streets is prohibited and parking on ALL county streets is prohibited. For a special event: parking permits may be available from the local police department. County permits may be obtained by calling the Summit County Sheriff's Office at (970) 453-2232.
Smoking Prohibited: All properties are nonsmoking properties and any form of smoking is prohibited inside the properties.
Keys: I agree to leave keys in unit upon my departure. Lost keys will be charged at $15.00 per key.
Phone: I agree to pay all charges, including those due to long distance phone calls not charged to my credit card or calling card. All local calls are FREE.
Furniture and belongings: I agree not to move furniture, decorations or belongings from their original locations in the unit.
Personal Property Loss: Manager and Owner are 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 or Owner consults legal counsel or a professional collection service for collecting any amounts due to Manager or Owner 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 or Owner 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. Relocation, rental pro-ration or refund in the event of such circumstances is the sole discretion of the Manager or Owner. In the event Manager or Owner is unable to deliver the Property to Guest because of property sale, property Manager or Owner 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 or Owner'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 or Owner be held liable for any other condition out of the control of the Manager or Owner, 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 or Owner, 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 and Owner 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 or Owner.
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.
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.
Security Deposit. A major credit card is required to be on file to serve as a security deposit before room keys can be distributed. Charges are only billed to your card if damage or theft occurs during your stay and/or if extra ordinary housekeeping is required following your stay. You may disregard this request if you have paid for your reservations with a credit card and wish to use that card as your security deposit or if you have sent a cash security deposit to the owner. Please complete the section below if neither of these scenarios apply. You may also provide this information by phone by calling (719) 232-2879. Thank you.