Rental Terms & Conditions
- OCCUPANCY: The Primary Guest must be at least 24 years of age or the age stated in the advertisement for the property at www.scmountainretreats.com, whichever is greater. The Primary Guest must occupy the property during the entire reserved period. Other Guests may be family members and/or friends who are responsible adults or children under the Primary Guest’s direct supervision. At no time are more than the maximum advertised number of Guests allowed in the property. Exceeding the maximum advertised occupancy is a violation of governmental Short-term Rental Regulations and may result in fines and removal from the Property. Furthermore, Guests accept full responsibility for and agree to follow all legal requirements set out by Public Health Authorities. Guests agree that they have no expectations of services from the Company beyond the interior of the Property. Guests expressly agree and release the Company from any claims related to services and activities outside of the Property which the Guest may have expected, but were otherwise unavailable.
- MINIMUM LENGTH OF STAY: Some properties managed by the Company advertise a minimum stay requirement of two or more nights. Some of the Reservation websites used by the Company will allow Reservations for less than the minimum requirements stated in the advertisement. You are advised that if you successfully attempt to make a Reservation for less than the minimum stay requirement your Reservation may be canceled or you will be asked to extend your stay to the minimum length allowed. If your Reservation is canceled, you will be provided a full refund, less any processing fee or cancellation fee imposed by the Company or by an external entity.
- VERIFY RESERVATION INFORMATION: It is your responsibility to verify that all aspects of your Reservation are correct. This includes the size of the Property, the location of the Property, the features of the Property, costs of renting the Property, the dates in which you are staying and who is staying in the Property. The Company sends out several correspondences to confirm and reconfirm your information. you have the duty to verify this information by responding to the correspondences sent to you. Failure to verify this information within seventy-two (72) hours or after we have attempted to reach you two (2) times may result in the cancellation of your Reservation. Neither the Company nor the Owner of the Property will be responsible for any ancillary costs associated with any such cancellation.
- PAYMENT: Guest agrees to pay the Company the total Reservation fee at least 30 days prior to arrival date, or upon Reservation creation, if the Reservation is made less than 30 days in advance. For Reservations made more than 30 days in advance, a 50% deposit is required to be paid immediately upon Reservation. Failure to timely pay the Reservation total could result in the loss of the Reservation and forfeiture of all amounts paid. All fees and expenses for which Guest is responsible under this agreement are EXPLICITLY authorized by the Guest to be charged to the Guest’s credit card. If you created a Reservation through a third-party site like Airbnb, VRBO, or Homes and Villas by Marriott their payment policy may be different than the Company. Whichever policy is more strict, that policy will apply.
- CHECK-IN/CHECK-OUT: Regular check-in and check-out times are 4:30 p.m. and 10:00 a.m. respectively. High volume turnover days may cause check-in times to be delayed. If this occurs, you agree to a refund of no more than $15 per hour for the loss of rental time. If you would like to request an early check-in or late check-out please call or send a text to the Company office no more than 24 hours in advance. Early check-ins and late check-outs are only available if the Company deems the Property is ready for your occupancy. You may check in early or check out late for $15 per hour only if the Company is able to accommodate the request . Early Check-ins are allowed as early as 9 a.m. Late check-outs are allowed until 9 p.m.
You understand and agree to use the Company web based communication software that provides your check in information and many other important pieces of information for your Reservation.
You agree that if there is a failure of this technology in any way, you will contact our office. Any inconveniences that arise from your failures to use this technology properly or the failure of the technology itself is a risk you explicitly accept and agree that the Company is not liable for any damages.
- PARKING: Please be aware that parking issues have become a major focus of the local government and homeowners associations in Summit County. All parking rules are STRICTLY enforced. Vehicles that violate parking rules are subject to towing and heavy fines. In most Properties, only one parking space is provided regardless of the size of the Property that is rented. If you are traveling to the county with more vehicles than you have parking spaces for, you are advised to obtain parking from a paid parking location, which may be several miles away from the Property. Parking permits must be prominently displayed on the dashboard of your vehicle. The Company is not able to issue more parking permits per Property than allowed by an HOA or local government ordinances. Parking on all streets is prohibited at all times. Parking at stand alone homes, townhomes and duplexes have their own rules regarding the number of vehicles allowed and the specific locations in which vehicles are allowed to park. You are required to review the information given to you by the Company and follow all parking rules at all times. Oversized vehicles, trailers, boats and RVs are prohibited at all Properties and the Company is not responsible for offering any parking accommodations for prohibited vehicles. In addition to fines from the local government and HOAs, the Company may impose up to a $350 penalty per vehicle per day of any parking violation. In the event that a violation is not cured within 30 minutes of any verbal, text, email or written notice of the violation given by the Company, Guest will be subject to removal from the Property without any refund and towing or booting of any vehicle violating parking rules. Any second violation may result in immediate removal of the Guest from the Property, without any refund. This rental agreement binds the Guest for all fees, expenses, and fines incurred as a result of parking violations including failure to properly display permits. If a reusable parking pass is provided for the Property and the pass is lost, missing or not returned to its proper location, you agree to a $100 replacement fee. The Primary Guest whose name is listed on the Company rental agreement and/or any other Guest who has direct contact with the Company is jointly and severally liable for paying all fees associated with parking violations of any named or unnamed Guest staying in or visiting the Property.
- HOUSEKEEPING: A check-out cleaning fee is included in your total payment which is paid in advance, and this cleaning fee will provide for 45 minutes of cleaning per bedroom and per bathroom. Extra heavy cleanings will incur an additional charge. Examples of extra heavy cleaning include but are not limited to the following: kitchens with kitchenware not loaded and washed in the dishwasher, trash not removed from the Property, furniture moved from its original location, towels, linens, pillows and furniture heavily soiled, balconies and decks with trash, cigarette remnant, grill and firepit areas that have been abused. Additional cleaning charges will accrue in 30 minute labor increments at $50 per increment. Light cleans and Mid-stay Cleans are optional services that will incur an extra fee and must be scheduled at least 24 hours in advance (note: during the high season these services may not be available).
- WHAT WE PROVIDE: Guests are entitled to use the Property during the rental period from check-in time to check-out time. This Property is fully furnished with the normal appliances and utensils necessary for daily living. It also includes bedspreads, linens, blankets, pillows, and towels. All items must be left in the Property. An initial supply of bar soap, shampoo, conditioner, lotion, toilet tissue, facial tissue, paper towels, coffee, dishwashing soap and trash bags are provided. If you are staying for an extended time (typically more than 3 days), you will likely need to purchase additional supplies from a local store. Food products are not provided by the Company. This includes spices, sugar, flour, bottled water, drink products and any other food additive. This policy is for your safety. If you find food products in the Property, you agree to use them at your own risk. If you feel the Property is lacking any items such as dishes, glasses, silverware or other customary items in a stocked Property, please advise the Company immediately at 970-368-4800. We will gladly bring out replacements.
- DAMAGE/MISSING ITEMS: Please inspect the Property when you arrive and immediately inform the Company of any deficiencies in the Property. Guest accept responsibility for all occupants and liability for any missing items or damages caused to the Property including excessive cleaning fees. It is your duty to inform the Company of any broken or damaged items at the beginning of your stay via [email protected]. Failure to do so may result in charges to you for missing items, damaged items, extra cleaning fees or other items not disclosed in writing to the Company at the beginning of your stay.You agree that the Company has the right to charge the credit card you provided, for any costs associated with this section of this agreement.
- INSPECTION: The Property may be inspected, household items counted and checked for damage. Some properties contain embroidered robes and most properties contain personal items of the Owner. If you choose to keep any item, the Company may charge your credit card for the cost of the item, plus a procurement fee.
- HIGH ALPINE CONDITIONS: The Property you are renting is anywhere between 7,000 to 11,000 feet above sea level. Special care MUST be taken to ensure the security of the Property. During the Winter, temperatures can fall below negative 40 degrees Fahrenheit, with winds of 45+ miles per hour. Any door or window not properly secured may create freezing conditions inside the Property and result in a flood of the Property and the entire building. If this happens due to any negligence on your part, you agree to be liable for all of the repairs to the Property and adjacent Properties and the value of lost rental income to these properties. Please maintain the integrity of the temperature of the Property during your stay and upon departure. During the warmer season, there are light to very heavy rain showers almost daily and often accompanied by windy conditions. Accordingly, please do not leave windows or doors open while away from the Property. The Company may terminate your stay and keep all rents as earned income if these policies are not honored by you.
- KEYS/KEYCARDS: The majority of our managed properties use electronic keycards, but some properties use a metal key or keypads with codes. You will have access to the specific information for your vacation rental soon after Reservation.
Electronic keycards can be left on the kitchen counter upon departure. Metal keys must be returned to the location they were taken from. If a metal key, for the Property or a ski locker is lost, you authorize a $200 charge to your credit card for the cost of rekeying any lock.
- KEYCARD REPLACEMENT/LOCKOUT: If you require additional keycards, you may pick them up from our office during normal business hours. If you are locked out of the Property, you must call the Company at 970-368-4800 to obtain lockout instructions. Emergency keycards must be returned to the lockbox IMMEDIATELY after use.
- Reservations may be canceled without penalty within 24 hours of booking.
- Cancellations more than 90 days from the time of check-in: Guest incurs a $95 processing fee.
- Cancellations between 60 and 89 days from the time of check-in: 85% of the total Reservation will be refunded and a $50 processing fee will be incurred.
- Cancellations between 45 and 59 days from the time of check-in: 75% of the total Reservation will be refunded and a $50 processing fee will be incurred.
- Cancellations between 30 and 44 days from the time of check-in: 65% of the total Reservation will be refunded and a $50 processing fee will be incurred.
- Cancellations between 20 and 29 days from the time of check-in: 30% of the total Reservation will be refunded and a $50 processing fee will be incurred.
- Cancellations 19 days or less from the time of check-in: Only the cleaning fee is fully refundable. All other charges and fees are non-refundable unless the Property can be rebooked. (See section 15).
If you do not respond to the Company’s communication attempts after a Reservation is made by you, then the Company may cancel your Reservation without any obligation or penalty to the Company.
- REBOOKING: If applicable, this section overrides the “CANCELLATION” section of this document. Rebooking is defined as the Company obtaining a replacement Reservation for a previous Reservation. A Rebooking may only fill in some of the dates of the original Reservation and will likely be for a different cost than the original Reservation. The Company manages multiple properties and is not obligated to Rebook the Property you reserved before booking other properties the Company manages. It is the Company’s sole discretion whether or not a Rebooking occurs and for what amount a Rebooking will cost. If a Rebooking occurs, then a partial refund will be provided based on the Rebooking amount. Rebooking fees are a flat 25% of the original total Reservation amount. This amount will be deducted from the rental amount of the Rebooking. you will receive the net difference. (For example if the total amount of your original booking was $1,000, then the rebooking fee will be $250. If the Property is rebooked for $900, then the amount the Company will refund you is $900 minus $250, which equals $650).
- REFUNDS: Refunds may only be granted for situations that are within the direct control of the Company. In the unlikely event of a clerical error or any other error in the amount quoted or charged for a Reservation, the Company will offer a full refund to the Guest or require the Guest to pay the corrected amount for the Reservation, if the stay dates have not commenced. The maximum amount of any refund after the commencement of the stay dates will be the prorated value of any lost occupancy you incur. Refunds may take 30 days to issue. At the Company’s discretion, we will issue a check or provide a refund via the payment method used for the Reservation.
- MOVING TO ANOTHER PROPERTY: In the event of an Act of God while you are staying in the Property, you may be given an option to move to a different Property. If you agree to move to a different Property, you agree that occupying that Property is absolute proof of the modification of this agreement and you will be charged the current rental rate of the Property you are being moved to, less a 10% inconvenience discount. This rate may be more than the rate you paid. If you do not accept the alternate accommodations offered, you agree that a partial refund of the value of the unused nights of your original Reservations is your sole remedy. By accepting the offer to move to another Property, you agree that you are completely satisfied with the modification of this agreement and the Company may require a Guest Inconvenience Form to be completed by you.
- DOUBLE RESERVATION: Due to the fact that some advertising platforms do not upload to the Company’s Reservation system in real-time, in rare instances it is possible that a double Reservation will occur. If this happens you agree that the Company may cancel your Reservation and provide a full refund or offer you an alternate Property. If you accept the alternate Property, the Company will discount the rental rate of the alternate Property by 5% as courtesy for the inconvenience.
- RESCHEDULING: All Reservation changes are at the discretion of the Company. Reservations may only be changed, rescheduled or canceled without penalty within 24 hours of Reservation.
Guests who change the dates of a Reservation may only be allowed to do so more than 30 days prior to arrival. There is a Reschedule Fee of $50 or 15% of the value of the Reservation, whichever is more. Refunds will not be given if rescheduling to a lower priced timeframe or a reduction in the length of the Reservation. If Guest reschedules to a higher priced timeframe, the prorated difference will be charged in addition to the Reschedule Fee.
Changing Properties may only be allowed more than 45 days prior to arrival. There is a Change Fee of $50 or 15% of the value of the Reservation, whichever is more. The Change of Property Fee is based on the total amount of the original Reservation including all taxes and fees. Any Property changes made less than 45 days in advance will follow the standard Company cancellation policy as stated in this rental agreement.
- GUEST INCONVENIENCE: Guest understands and accepts that some advertised features and amenities may not be available during the Guest’s stay. Additionally, the Company makes no express or implied promises regarding any circumstances emanating from outside of the Property, including but not limited to, noise, light, smell, vibration, nuisance creatures of any kind or actions by others. When these events happen it is often the case that they are the result of an emergent situation that was unpredictable. Guest accepts and agrees to the following procedures and remedies for any inconveniences experienced during the Guest’s stay.
1. Guest must inform the Company as soon as the issue is discovered and allow the Company the opportunity to resolve the issue. No other consideration will be given if the Guest fails to inform the Company during the Guest’s stay.
2. Guest must send requests for resolution to the following email address: [email protected].
3. The Company will evaluate the issue and will first determine if the issue is within the Company’s control. If the issue is within the Company’s control, you agree that the Company has the sole right and authority to use the classification standards listed below to satisfy the issue:.
- Level 1 issues: 10% refund of the rental rate per day that the issue is present and the Company is unable to resolve the issue
- Level 2 issues: 15% refund of the rental rate per day that the issue is present and the Company is unable to resolve the issue
- Level 3 issues: 20% refund of the rental rate per day that the issue is present and the Company is unable to resolve the issue
- Level 4 issues: 25% refund of the rental rate per day that the issue is present and the Company is unable to resolve the issue
- Level 5 issues: 30% refund of the rental rate per day that the issue is present and the Company is unable to resolve the issue.
- Guest agrees that in order to qualify for any of the above considerations, the Guest must complete the Company Guest Inconvenience form and the Guest agrees to not post any negative statements online or in any other forum.
- MAINTENANCE SERVICE: If a problem arises in the Property during your stay, Emergency Maintenance services are available 24 hours a day, 7 days a week, 365 days per year. Regular Maintenance Services are offered during business hours. Maintenance Service calls will be addressed in the order they are received. Non-emergency after-hours Maintenance Services may be provided at the discretion of the Company and may be postponed until the following day. In the event it is found that a required maintenance item or repair is a result of abuse, misuse, negligence, or otherwise caused by the Guest, then the Guest will be responsible for all costs of repair and costs incurred by the Company that related to the repair.
- AIR CONDITIONING: Many Properties that the Company offers for rental do not have air conditioners that cool the air. This is largely unnecessary as outside temperatures rarely reach 80 degrees fahrenheit in the summer. You understand and agree that no discount or refund will be provided on the basis of complaints associated with the cooling of the Property.
- HEATING: During the winter months temperatures can drop below negative 40 degrees fahrenheit. It is critical that the Property is properly heated in order to avoid the freezing of water pipes. For this reason, many buildings are intentionally overheated in the hallways and common areas. This heat sometimes flows into the Property and may cause the Property to become warmer than desired. The normal and recommended remedy for this issue is for you to slightly open windows or doors to regulate the temperature.You understand and agree that no discount or refund will be provided on the basis of complaints associated with the heating of the Property you rent, unless there is an actual defect in the heating system which causes significant inconveniences during your stay. You agree that the Company has total discretion to determine what constitutes a significant inconvenience.
- PROHIBITED USES: Smoking is not allowed inside or on the exterior premises of any property, and pets are not allowed in most properties. There is a MINIMUM $500 penalty if there is evidence of any prohibited use of the Property. This penalty will be added to any and all other charges to the Guest’s credit card. Smoking of marijuana inside the Property is strictly prohibited. Medical marijuana prescriptions do not negate anything in this agreement. Furthermore, all forms of illegal substances are prohibited. The Company, in its sole discretion, may require Guests to cease any activity that the Company deems a nuisance, hazard or non-advertised use. Gatherings inside or around the Property that exceed the maximum occupancy of the Property or cause any nuisance to neighbors or the community or to the Company, including noise and parking nuisances, may result in immediate termination of the Reservation, without any refund.You accept that the Company has total discretion to determine what constitutes a nuisance and also has the authority to require immediate termination of the rental.
- RIGHT OF ENTRY: The Company reserves the right to enter the Property for all legitimate management or maintenance issues, inspections, and in case of emergency. You accept that the Company has total discretion to determine what constitutes an appropriate reason to enter the Property.
- SKI/SNOWBOARD STORAGE: Ski lockers are located on the first floor of many buildings. Keys to the ski lockers are located in the Property. Do not bring your skis or snowboard to the Property. Upon departure, please leave all ski locker keys in the Property. The cost of repairing damage to hallways, elevators, common areas and the Property as a result of bringing ski equipment into unauthorized areas will be charged to the Guests credit card.
- QUIET HOURS/PROPERTY RULES/BREACH: Quiet hours start at 9:00 p.m. In case of an emergency, immediately call 911. If you have a complaint about other Guests within a building or in the area, please call the Company office during normal business hours. Please be advised that the Company has limited ability to regulate, monitor or cause other Guests who are not renting a Property from our Company to behave or follow the rules. The Company may contact those in authority to resolve issues when they arise. The condominium/townhome/owners’ association of which the Property is a part has rules and regulations concerning ownership, occupancy and use of the Property. You are required to follow all such rules and regulations and to cause any Guest who is with you to do the same. Additionally, Summit County has strict short-term rental regulations that govern noise, parking, occupancy and nuisances. You are required to abide by all these requirements at all times. These requirements can be found on the Summit County website or on the town website in which the Property is located. For your convenience the Company includes this information on the Company’s mobile app and on the Company’s website. If you violate these rules or regulations, you will be subject to fines from both the governing authority and by the Company. The Company may also require you to vacate the Property immediately and without refund.
- Good Neighbor Rules: Many Properties that the Company manages and rents to Guests are located in residential areas. Neighbors are entitled to peaceful enjoyment of their Property. As such you and your Guests must behave respectfully at all times. At no time should loud noises emanate from the Property. Music should not be audible beyond the interior walls of the Property. Voices from balconies, decks, hot tubs, driveways and anywhere else on the Property must at all times be at conversation level and never be at a level that disturbs neighbors. Improper parking is a MAJOR source of community dissatisfaction. Please read the section above entitled “Parking.”
- HOT TUBS: Some Properties have private hot tubs. These hot tubs are serviced prior to each Guest’s Reservation and sometimes during the course of a Reservation. If the Property you are staying in has a private hot tub, you are required to exercise reasonable care, which includes, but is not limited to the following: a) replace hot tub cover after use; b) avoid splashing water out of the hot tub; c) replace any floating devices after use; d) report any malfunctions or water quality issues immediately to 970-368-4800 or use the Guest Information Portal; e) keep the hot tub water clean from debris and foreign materials; f) wash off before entering the hot tub.
You understand and agree that if, upon departure, the water in the hot tub must be drained and refilled due to abuse or misuse you will be charged $250 for this service. Also, any damage to the hot tub will be billed to you for the cost of all repairs. You agree that all fees are authorized and collectible via the credit card you leave on file with the Company.
- SERVICE ANIMALS: The ADA defines a “service animal” as a dog that is individually trained to do work or perform tasks for people with disabilities. The ADA defines a “disability” as a physical or mental impairment that substantially limits one or more major life activities. The ADA defines “major life activities” as “walking, seeing, sitting, hearing, speaking, breathing, learning, lifting, performing manual tasks, taking care of oneself”. If you intend to bring a service animal to the Property that meets these strict definitions, then you must inform the Company at the time of Reservation. Most properties managed by the Company are private residences and are exempt from ADA requirements; however, whenever possible the Company will make every effort to approve legitimate service animals. The Company animal approval process must be followed and the appropriate form must be completed by the Guest. If an unattended or unauthorized animal is observed in the Property or any animal exhibits disturbing behavior to others, Summit County Animal Control may be contacted and the animal may be removed to the Summit County Animal Shelter. All costs associated with removing and sheltering the animal will be the sole responsibility of the animal owner. All animal owners accept full responsibility for the actions of their animal, including any and all damages done to the Property in which the Guest is staying. Guests agree to immediately pay for any and all damage caused by their animal.
- PETS/EMOTIONAL SUPPORT ANIMALS: There is no legal distinction between pets and emotional support animals. Most Company managed properties do not allow pets or emotional support animals. Animal registration cards, certificates, statements from doctors or mental health professionals do not change the status of this type of animal. All animals that are in this category are expressly prohibited, unless otherwise explicitly approved by the Company in writing. If you bring an unauthorized animal, you agree to a MINIMUM $500 penalty, plus the cost of extra cleaning and animal dander mitigation. You also agree that violations of this section may result in your immediate removal from the Property without refund. The Company may, at any time, inspect the Property. If an unattended or unauthorized animal is observed in the Property or any animal exhibits disturbing behavior to others, Summit County Animal Control may be contacted and the animal may be removed to the Summit County Animal Shelter. All costs associated with removing and sheltering the animal will be the sole responsibility of the animal’s owner. All animal owners accept full responsibility for the actions of their animal, including any and all damages done to the Property in which the Guest is staying. Guest agrees to immediately pay for any and all damage caused by an animal.
- TRAVEL/DAMAGE INSURANCE: Vacation Rental Insurance has been made available with your Reservation. It is your choice to accept or reject this insurance. Vacation Rental Insurance provides coverage for prepaid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. The Company strongly recommends you purchase this valuable protection. Separate terms and conditions apply. Read the Description of Coverage/Policy carefully and contact Ski and Travel Insurance at (866) 999-4018 with coverage questions. Read more about Ski and Mountain Travel Insurance here.
- For your convenience the Company enables Guests to purchase this form of travel insurance during the Reservation process. Please be advised that there are many forms of travel insurance with various levels of coverage. We strongly advise you to understand the terms and conditions of the travel insurance you select. It may not cover all forms of risk, including pandemics, epidemics, government shut-down, resort closures and other types of risks.
Please type Accept or Decline here:_________
The Company also offers Vacation Rental Damage Coverage. This insurance protects against accidental damage during the Reservation period. Please review the features of the damage insurance program here.
To file a damage insurance claim you agree to use and complete the claim form linked here.
Please type Accept or Decline here:___________
- THREATS/ABUSE: Threatening or abusive behavior to the staff of the Company, other Guests, neighbors in adjacent properties, or anyone else, whether threats are verbal, physical, manipulative, in person or via electronic means, will not be tolerated. You or anyone in your party or anyone acting on your behalf agree that if anyone engages in this behavior, you will immediately forfeit your right to occupy the Property and that you will vacate the Property immediately. You further agree that you will forfeit all payments made for the Reservation.
- FIRE PROHIBITION: In order to maintain the safety of the community and the forest, all Properties under management of the Company are prohibited from all forms of open flame fires which are outdoors. Fires in designated gas fireplaces and gas firepits are allowed. No wood burning fires are allowed outdoors.
- DISCLAIMER OF WARRANTIES/LIMITATION OF REMEDIES AND LIABILITY
(a) DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND TO THE FULL EXTENT PERMITTED BY LAW, NEITHER THE COMPANY NOR OWNER HAS MADE OR WILL BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR USE, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.
(b) Damage Exclusion and Limitation of Remedies. The Company and Owner do not assume and are not liable for (i) loss or damage to personal Property, or injury to any persons; (ii) any inconvenience arising from any temporary defect or stoppage in supply of water, water leaks, gas, electricity, heat, plumbing services, or any technology; or (iii) any loss or damage caused by weather conditions, road closures, flight delay or cancellation, lack of snow, natural disasters, Acts of God, epidemic, pandemic, forest fire, closure of amenities, closure of restaurants, closure of any resort, government closure, health department orders, quarantines, governmental states of emergency, or any other reason beyond their control. Refunds will not be issued for any of the aforementioned items. In any event you agree that the maximum liability that the Company or the Owner will have to you for any circumstances is the prorated amount of what you paid for lost rental nights.
(c) LIMITATION OF LIABILITY. GUEST AGREES THAT ITS EXCLUSIVE REMEDIES AND THE COMPANY AND OWNER’S ENTIRE LIABILITY WITH RESPECT TO THIS AGREEMENT AND THE PROPERTY ARE AS SET FORTH IN THIS AGREEMENT. GUEST FURTHER AGREES THAT THE COMPANY AND OWNER WILL NOT BE LIABLE TO GUEST FOR ANY DAMAGES, INCLUDING ANY MENTAL ANGUISH, LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF GUESTS USE OR INABILITY TO USE THE PROPERTY OR THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY.
- INDEMNITY AND HOLD HARMLESS (a) Indemnity. Except to the extent caused by the Company’ or Owner’s sole negligence, gross negligence or willful misconduct, Guest will indemnify, defend and hold harmless the Company and Owner from and against any and all claims, damages, losses, liabilities, lawsuits, costs and expenses (including claims and damages based on the indemnitee’s contributory ordinary negligence and attorneys’ fees and expenses), arising out of or related to (i) Guest’s use or occupancy of the Property; (ii) any activity, work, or other thing done, permitted or suffered by Guest in or about the Property, (ii) any breach or default by Guest in the performance of any of its obligations under this agreement, or (iii) any act or negligence of Guest, or any officer, agent, employee, contractor, servant, invitee of Guest.
(b) Defense Obligation. If any such action or claim is brought or made against the Company, then Guest, upon notice from the Company or Owner, will at Guest’s expense defend the same through counsel selected by the Company or Owner’s insurer, or other counsel acceptable to the Company and Owner. The provisions of this section survive the termination of this agreement.
- PROPERTY AND EXPERIENCE REPORTS. Guest acknowledges that the Company’s ability to provide top quality service is, at least in part, dependent on Guests advising Company of negative conditions. Accordingly, Guest agrees to immediately contact the Company if anything in the Property is not up to the expected standards and give the Company the opportunity to correct the condition. Guest agrees that if the Guest fails to follow the procedures as stated in the “GUEST INCONVENIENCE” section of this document, then Guest will not make any negative claims or reports concerning the Property or the Company on any Internet or social media websites or forums of any kind.
- NO VERBAL AGREEMENTS: All prior agreements between the Owner, the Company and the Guest are incorporated in this agreement, which constitutes the entire agreement. It is a final expression of the parties’ agreement. Guest represents and warrants to the Company that there are no oral or written representations on which Guest is relying to enter this agreement that are not contained in the agreement.
- SEVERABILITY: If, for any reason, any provision of this agreement is held invalid, all other provisions of this agreement shall remain in effect.
- PROCESSING/CREDIT CARD FEES/CHARGEBACKS: All forms of payment incur a processing and handling fee. The Company is required by local and state governments to collect sales tax. Guest will not attempt any form of “chargeback” or reversal of credit card charges, ACH, EFT, or any other form of payment without a judgment in Guest’s favor from a proper court in Summit County, Colorado.
- VENUE AND JURISDICTION: Any disputes which cannot be resolved by informal discussion will be adjudicated by a proper court located in Summit County, Colorado. You accept this jurisdiction as the only jurisdiction in which any disputes can be adjudicated.
- ATTORNEY FEES AND COSTS: If the Company employs an attorney to enforce its rights under this agreement and is the prevailing party in any litigation or arbitration, then the Guest will pay the Company’ reasonable attorney’s fees and costs incurred in connection with the dispute or the litigation including, without limitation, costs of debt collectors, expert witnesses, investigation expenses and all other reasonable costs incurred. Additionally, if the Company employs a professional debt collection agency to obtain payment, per the terms of this agreement, you agree to pay all costs of the Company and of the professional debt collection agency that are related to the collections process.
- PROHIBITION AGAINST SUB-RENTING: No person or entity may broker, resell, rerent, rebrand, repackage, sublease or otherwise rent any of the Company managed Properties without the express written consent of the Company. Attempts to do so are a violation of law. Any entity attempting any of these activities agrees to forfeit all monies paid to the Company as liquidated damages. The Company reserves the right to take legal action and you agree that if you violate this section of this agreement you will pay all attorneys fees, administrative fees and all other fees associated with efforts to enforce compliance with this agreement.
Act of God: Any event that happens outside of the direct or intentional control of the Company or any event that in the judgment of the Company is an extenuating circumstance.
Booking: The action of making a reservation for a Property.
Change Fee: The amount charged to a Guest to change a reservation.
Guest: Any person who is the Primary Guest or invitee, family member, friend, acquaintance, associate or guests of any of these groups. Any previous or future person who rented or will rent the Property.
Company: The legal entity that has legal authority to rent the Property as a short term rental to others.
Emergency Maintenance: Maintenance services that are provided after normal business hours, for issues that make the Property unsafe for human life or may cause imminent damage to the Property.
Maintenance/Maintenance Services: unskilled and semi-skilled work performed by the Company, within the interior of the Property. Examples include: unclogging toilets, troubleshooting televisions and delivering comfort items.
Owner: The person or legal entity that owns the reserved Property.
Primary Guest: The person who entered into this rental agreement or rented the Property.
Property: The interior walls and its contents, of the physical location that a Guest is contracting to rent, as advertised on various online platforms or via other mechanisms used by the Company.
you/your: Guest or Primary Guest
Reservation: The length of time reserved and paid for the occupancy and use of the Property by Guest.
Rebooking: the action of the Company obtaining a replacement Reservation for a previous Reservation.
Reschedule Fee: The amount charged to a Guest for rescheduling a Reservation.
Short-term Property Rental Agreement: This agreement which conforms to the requirements of the State of Colorado for the rental of real property, which does not constitute a long-term tenancy.