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Vacation Rental Agreement

 

Please read your Vacation Rental Agreement carefully before you begin your vacation. Any monies received by Summit Luxury Estates, LLC (herein referred to as MANAGER) for occupancy of Vacation Property indicated the acceptance of the terms of our Vacation Rental Agreement in full. All policies are strictly enforced. It is the responsibility of all guests and members of their party to be familiar with all policies pertaining to rental and corresponding House Rules.

 

Terms and Conditions

 

The individual securing this reservation shall herein be referred to as GUEST. It is the responsibility of the GUEST to convey these Terms and Conditions to all persons or parties affiliated to this reservation and staying at the Property.

 

  1. Check in and Check out.  Check in is  {reservations_unit.check_in}   or later MST. Check out is no later than  {reservations_unit.check_out}   MST. Door codes will not work prior to  {reservations_unit.check_in}   on check-in day or after {reservations_unit.check_out}   unless otherwise arranged with MANAGER.  Early check ins or late check outs must be obtained by written approval, may not be available depending on other reservation and cleaning schedules, and may be subject to additional charges. Unscheduled or unapproved late check-outs are subject to additional charges of 10% of the corresponding daily rate per hour. If the property has not been vacated by 1PM on the day of check-out without written approval from the MANAGER, a fee equal to 2 days may be assessed. Holdovers must be approved in writing and are subject to market daily rates plus 10% unless otherwise agreed upon in writing.
  2. Renter Requirements: For legal and accounting purposes, the person placing the reservation must be the same as the credit/debit card holder, must be a guest at the property for the full duration of the reservation, must be at least 25 years old, and must bring a government issued picture ID. Reservation holder understands that "check in" will be at the house at a time scheduled with the Manager. Reservation holder agrees to provide said ID, and a credit card to MANAGER at check-in if not previously provided for any incidentals or un-covered damages referenced per this contract.
  3. Smoking.  This is a non-smoking property. Smoking is allowed outside as long as butts and ashes are not left behind. Do NOT throw butts on the ground. If there is any smell of smoke or evidence of smoking inside the property, the GUEST will be charged according to the attached Fee Schedule.
  4. Pets.  Pets of any kind are prohibited at most properties. At any property, pets are only allowed with prior written approval from MANAGER and only allowed in accordance with the House Rules. Unauthorized pets may result in immediate eviction and loss of rents and deposits. If discovery of unauthorized pets is made after your departure, a flat $500 dollar penalty will be assessed along with any additional remediation costs for pet messes, cleaning, odors, or damage.
  5. Maximum Occupancy.  The advertised maximum occupancy for this property shall be the limit of guests allowed at the property. All guests staying at the property must be disclosed to the MANAGER. Any number of guests that exceeds this number must be approved by the MANAGER in writing, and may be subject to additional charges. Unauthorized additional guests shall be charged to Guest according to the attached Fee Schedule and may result, at the discretion of MANAGER, in immediate termination of this Agreement, removal of GUEST and all those persons in GUEST’S party from the Property, and surrender of the Lodging Fee and any security deposit related thereto.
  6. Parties/Events.  No parties or events shall be allowed at this property. Weddings, receptions, bachelor, bachelorette parties, or other events are strictly prohibited without written consent from the MANAGER. Post check-out evidence of these unapproved activities are subject to the fee disclosed below. If MANAGER learns of said events taking place without authorization, GUEST understands that they may be evicted, and lose the remaining rights to their Lodging with no refunds. 
  7. Maid Service and Linens.  The rates and corresponding “Cleaning Fee” includes a one-time linen-towel setup proportionate to the guest’s stay and one comprehensive cleaning and linen refresh upon GUEST departure. Additional linens may be provided upon request subject to additional fees. DO NOT take linens or towels outside the property. Linens damaged, missing, or soiled beyond cleaning shall be charged to the GUEST. Daily maid service is not included in the rental rate. Such service is available at an additional rate if requested in advance to allow MANAGER to make timely arrangements. Undue and/or unreasonable cleaning of the property (see House Rules) shall be charged to the GUEST’s credit card as an Additional Cleaning Charge at a rate of up to $45/hour. This also applies to the property exterior, grounds, BBQ’s, and hot tubs (if so equipped).  
  8. Hot Tub.  GUEST agrees to use the Hot Tub (if so equipped) in accordance with House Rules and MANAGER instructions. Special cleanings or needed repairs due to miss-use shall be charged to the GUEST according to the attached Fee Schedule. Accordingly, Guest shall hereby indemnify, release and hold Owner harmless from any damage, loss or harm to person or property resulting directly or indirectly from any guest’s use of such features during their stay.  All use of the hot tub shall be strictly subject to the use protocols for use of the hot tub provided in advance by MANAGER in the House Rules.
  9. Fires / Fireplace: Fires in any capacity must only occur in designed areas and receptacles, and in accordance with House Rules, local ordinances, and potential in-place fire-bans. Nothing shall ever be placed in or burned within a fireplace except approved wood in a wood-burning fireplace or stove. Wood may not be burned in a gas fireplace. Wood may not be cut at or around the property. Wood for fire in any receptacles designed for wood-burning must be brought or acquired by the GUEST. Fires of any kind shall never be left unattended under any circumstance. No liquid or highly flammable fuels of any kind may be used to ignite any fires under any circumstances. Do not place any flammable material on or near any heat source including a furnace, stove, fireplace, or base-board heater. Burning candles is not allowed due to fire hazard except occasionally supplied emergency candles in case of a power outage.
  10. Amenities / Cable / Phone.  All amenities (actual list varies per property) including but not limited to: television or cable, internet service, pools, hot tubs, exercise equipment, theater or video gaming equipment, must be used according to their factory design and specifications by GUESTS, and are not warrantied for their seamless function or availability during GUEST’S stay. GUEST shall be alerted of any advertised but known non-functioning amenities prior to arrival. Should something be malfunctioning or become available during the GUEST’S stay, MANAGER will make every reasonable attempt to restore availability in collaboration with the GUEST, but can under no circumstance warranty or be held liable for any amenity becoming unavailable. GUEST shall use their own credit card for any PPV or purchased programs. Any charges accrued due to GUEST purchases on an OWNER’s account shall be retro-charged to GUEST’s credit card plus a $10.00 processing fee. If the property is equipped with a telephone, GUEST is only authorized to make calls within the U.S.. Any phone charges accrued by GUEST shall be charged to GUEST’s credit card plus a $10.00 processing fee. MANAGER does not under any circumstances guarantee cell phone reception at the property.
  11. House Rules.  GUEST acknowledges receipt and review of the corresponding House Rules and acknowledges that disregard of the House Rules may result, at the full discretion of MANAGER, in immediate termination of this Agreement, removal of GUEST and all those persons in GUEST’S party from the Property and surrender of the Lodging Fee and any security deposit related thereto.
  12. Travel Considerations.  GUEST acknowledges that Summit County is a high alpine environment with altitude, oxygen, dry air conditions, wildlife, and road/travel considerations that are very different than many other places. GUEST acknowledges that a 4-wheel drive has been highly recommended by MANAGER to access the Property during potential winter conditions. Mountain roads can be curvy, steep, and subject to the elements, so drive cautiously. GUEST acknowledges that due to potential extreme winter conditions, delayed travel, road closures and tire-chain requirements are a possibility. MANAGER cannot be held responsible and shall not issue refunds due to potential issues beyond the MANAGER’s control such as but not limited to: weather, road conditions, snow conditions, utility outages, forest fires, or family emergencies. GUEST assumes full responsibility to understand these and other travel considerations. Neither Owner nor MANAGER shall be held liable for these or any other travel inconveniences. Purchasing travel insurance is recommended and is the full responsibility of the GUEST.
  13. No Leasehold.  The MANAGER and GUEST expressly agree and concur that this is a commercial contract for short term vacation lodging, and not a lease or rental agreement for residential purposes under any circumstances, express or implied, direct or indirect.  Neither MANAGER nor Owner shall be considered to be a Landlord under any purposes per the terms of this Agreement, and GUEST shall be considered solely as a transient occupant for lodging purposes, and not a tenant.  All Parties hereto expressly waive any and all claims and rights under the Colorado Security Deposit Act, CRS 38-12-101, et. seq., the Colorado Forcible Entry and Detainer Act, CRS §13-40-101, et. seq., or any other law or claim that would purport to give rights to any party under a tenancy in the Property for any residential purposes, and release and hold harmless the other parties for any such claims.
  14. Damage Policy:  Every reservation requires either  a  damage protection policy (“Vacation Rental Damage Plan”). This Vacation Rental Damage Protection plan is 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   {reservations_unit.damage_protection_amount}. Any damages that exceed   {reservations_unit.damage_protection_amount}  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 the repair or Actual Cash Value  of such property up to a maximum benefit of   {reservations_unit.damage_protection_amount}. Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy https://insurestays.com/property-protection-programs/. The Vacation Rental Damage Plan has been secured and included as part of your reservation cost. As a condition to the rental of all Vacation Properties, MANAGER reserves the right to charge the Guest’s credit card for any and all uncovered Guest/Invitee caused losses and damages sustained to the Vacation Property throughout the duration of their period of occupancy. In the event of any uncovered Guest/Invitee-caused loss or damage to the Vacation Property, including, but not limited to, undue cleaning, eviction, service calls, service charges, fines/assessments, repairs or replacements, plus all applicable taxes, MANAGER is hereby granted the right to charge the Guest's credit card. An itemized statement outlining all associated costs will be sent via regular or electronic mail to the address submitted by the Guest at such time as the reservation was booked. By written or electronic endorsement of this Agreement, the Guest hereby agrees to pay for all such charges, as defined above and on the proceeding pages.
  15. Reservation Prepayment.  Fifty percent (50%) of the total rental charge and deposit(s) are due from GUEST at time of booking. The balance of Total Booking Charges is due sixty (60) calendar days before GUEST’S arrival date. If reservation is made 60 or less days prior to Arrival, 100% of Booking Charges are due at time of booking. Any reservation prepayment shall be applied towards Total Booking Charges, and can be made using Mastercard/Visa or in the form of traveler's checks, bank money orders, cashier’s checks or personal checks. If payment is made with a credit card, the card must have an expiration date that extends beyond your stay at least 30 days. A $35.00 service charge will be incurred for any returned checks. If balance payments are not received 60 days prior to arrival, we will automatically run the balance on the credit card on file.
  16. Cancellations.  Irrespective to other third-party cancellation policies, Guest understands that the cancellation policy associated with this property is as follows: Cancellations that are made at least sixty (60) days prior to the scheduled arrival date are subject a full refund less a 3% Cancellation fee, or $250, whichever is greater. Cancellations made within 60 days but before 45 days from the arrival date will receive a 50% refund of total charges. Cancellations made within 45 days of arrival shall owe the full reservation balance and shall not receive any refund from the full reservation total except any monies submitted for security deposits or accidental damage waivers. We highly recommend guests purchase Travel Protection Insurance  for their travel and booking expenses to prevent unforeseen loses for any unplanned cancellations outside of the cancellation periods. All reservation changes must be submitted and acknowledged in writing.
  17. Winter Holidays.  Due to the high demand of the season, Christmas or New Years reservations must be a one week booking that allows one other week to be booked over the other Holiday. Reservations within 4 days of either Christmas or New Years must include the Holiday, unless the Holiday is already booked and is unavailable. A Christmas reservation must check out no later than the 30th of December, and a New Years reservation may not check in before the 27th of December. Should a guest wish to book both Holidays (Christmas and New Years), the reservation must be at least 13 nights long. 
  18. Travel Protection: InsureStays Vacation Rental Insurance has been made available with your reservation. Vacation Renal Insurance reimburses for prepaid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. We strongly recommend  you purchase this valuable protection. If not purchased, you acknowledge you have read and understand our cancellation policy and chose not to purchase Vacation Rental Insurance on behalf of all occupants. 
  19. Rate Changes.  Rates for Lodging are subject to change without notice until such time as this Agreement is fully executed to secure such Lodging at the specified rate.
  20. Right of Entry: GUEST agree that MANAGER reserves the right to enter the rental property any time to investigate disturbances, check for suspected damage, to make necessary repairs. Notice and coordination shall be reasonably made with GUEST unless MANAGER has probable cause for urgency or concern for safety of the Property or GUEST.
  21. Security and Safety: Always close and lock doors and windows when you leave the property. During GUEST’s rental tenure, GUEST assumes responsibility for its security including its contents as well as your personal property. Some properties will be equipped with security systems, but they will usually remain inactive during a GUEST’s stay if you are not otherwise provided an alarm code. Some properties are equipped with exterior (ONLY) security cameras for the GUEST’s safety that may be active during a GUEST’s stay. Under no circumstances, however, shall there be any cameras on the interior of any property, or exterior cameras facing any windows or private areas. Mountain wildlife is nearby. Doors should not be propped open unattended. Food should not be left in cars or outside. Car doors should be locked when unattended. Trash should always be place in secured trash receptacles. Children are welcome, but there are conditions in and around the property that may pose hazards to them or adults such as open water, steep terrains, open stairways, wildlife, icy surfaces, fireplaces, hot tubs, certain detergents or cleaning products, and other house-hold safety concerns. GUEST assumes responsibility to assess these and other potential safety considerations and take necessary precautions accordingly.
  22. Left Items: Please check carefully for belongings before you leave. Left items can be mailed to you if requested and you will be charged shipping costs plus a $10 service fee. MANAGER is not responsible for lost or stolen items.
  23. Falsified Reservations.  Any reservation obtained under materially false pretense will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check in.
  24. Unavailability of Accommodations.  In the event that Accommodations are unavailable for any reason beyond the control of the MANAGER and if the MANAGER is unable to secure comparable accommodations for the GUEST, the MANAGER shall refund the total rent and any advanced payments or deposits to the GUEST and this agreement shall be deemed terminated. In no event shall the Owner or MANAGER be liable to the GUEST beyond the return of all payments and deposits.
  25. No Assignment.  GUEST shall not assign this agreement under any circumstances without the written consent of MANAGER in advance.
  26. Governing Law. This Agreement shall be deemed to be made under the laws of the State of Colorado, without regard to principles of conflict of laws.  Venue for any action related to this Agreement shall only be proper in the District or County Court of Summit County, Colorado.
  27. Indemnification.  GUEST agrees to hold both Owner and MANAGER harmless from all liability, loss, damage, arising from nuisance, harm, or inconvenience suffered at the Accommodations by the GUEST or any of their party, or pets, or from any improper conduct of any persons entering, occupying, or visiting the Accommodations.
  28. Disputes.  Any sums due from the GUEST to the MANAGER shall accrue interest at the rate of 1.5% per month until paid. Any dispute relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of Summit County, State of Colorado, and shall be governed by Colorado State law. If the Owner or MANAGER hires legal counsel to enforce the terms of this Agreement or to resolve any disputes under this Agreement, the GUEST shall be liable for all attorney’s fees and costs incurred by the Owner or MANAGER.

GUEST certifies that he/she has read carefully the Terms and Conditions set forth in this Agreement, as well as the corresponding House Rules and Fee Schedules and agrees to abide by such limitations. 

 

I also hereby give permission to charge my credit card for the amounts above and fees I may accrue. I agree that all rental monies are only refundable per cancellation policy above. I have read of my right to purchase travel insurance.  By Signing Below, I agree to all terms and conditions of this agreement.

Fee schedule for recovery or policy violations:

-Unauthorized Pets: $500 per pet
-Unauthorized parties or events: $1,000 (or full cost of any additional trash/cleaning/coordination, whichever is greater)
-Additional Cleaning from pet messes: $200 or full remediation costs (whichever is greater)
-Evidence of smoke or smoking within the residence: $500 or full remediation costs (whichever is greater)
-Unauthorized additional guests: $100 per person per night.
-Hot Tub drain and clean (where applicable): $400 or full remediation costs (whichever is greater)
-Plumbing clogs due to restricted items being flushed: $200 or full remediation costs (whichever is greater)
-Non-returned keys (where applicable): $50 per key
-Late Check Out: 10% of corresponding daily rate per hour. Up to a fee of 2 days of the going daily rate if not checked out by 1PM without written approval.
-Missing or Damaged Inventory: Cost of time and materials plus 10% to replace for damage not covered by a damage protection policy.

 

 
Summit Luxury Estates, LLC
PO Box 4848
Frisco, CO 80443

www.SummitLuxuryEstates.com
info@SummitLuxuryEstates.com
(970) 771-3665