Short Term Property Rental Agreement
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Short Term Property Rental Agreement This agreement immortalizes promises between you, Summit County Mountain Retreats (SCMR) and The Owner of the property. You acknowledge and understand that you are renting a vacation property directly through The Owner of the property and that SCMR is the duly authorized representative of The Owner. You agree to the following terms and conditions: 1. OCCUPANCY: You over 24 years of age and will be a guest during the entire reserved period. Other guests will be family members and/or friends who are responsible adults or children under direct supervision. AT NO TIME WILL THERE BE MORE THAN THE MAXIMUM NUMBER OF GUESTS THAT THIS UNIT WILL SLEEP IN BEDS. 2. YOUR RESPONSIBILITY: You are responsible for verifying that all aspects of your rental agreement are correct. This includes the size of the unit, the location of the unit, the dates in which you are staying and who is staying in the unit. SCMR sends our several correspondences with information to confirm and reconfirm your information. You have an affirmative duty to verify this information. Failure to verify this information may result in the cancelation of your stay. SCMR / Owner is not responsible for any ancillary costs associated with any such cancelation. 3. DAMAGE/MISSING ITEMS: It is your responsibility to inspect the unit when you arrive and immediately inform SCMR of any deficiencies in the unit. You accept responsibility for all guests and accept liability for any missing items and damages caused to the property, including but not limited to, excessive cleaning fees. It is your duty to inform SCMR of any broken or damaged items at the beginning of your stay. Failure to do so may result in charges to you for both labor and materials to repair or replace any damaged items. CREDIT CARD INFORMATION IS REQUIRED IN LIEU OF A SECURITY DEPOSIT. You are responsible for the security of the unit. If any exterior doors or windows are not secured while the unit is empty, we may terminate your stay and keep all monies as earned income. 4. PAYMENT: You agree to pay Summit County Mountain Retreats the above total in full at least 30 days prior to arrival date. A 50% deposit will be paid immediately upon reservation. SCMR accepts e-checks, credit cards, and money orders if making a reservation 10 days or more prior to arrival. If it is less than 10 days, e-checks are not accepted. All fees incurred as a result of any breach of this agreement are EXPLICITLY authorized by the guest to be charged to the guest’s credit card.
5. KEYCARDS: In most cases you will pick-up your keycard in the lobby of our office. The lobby is open 24/7/365. At the end of your stay all keycards MUST be left on the kitchen counter. Each keycard is coded and inventoried. Non-returned keycards will be charged $10 per card. DO NOT PLACE YOUR KEYCARD NEXT TO YOUR CELL PHONE! 6. KEYCARD REPLACEMENT: If you require additional keycards, new keycards will be delivered during normal business hours. There is a $25 trip charge and a $10 per card charge. Guests locked out of the building must call Summit County Mountain Retreats to obtain lockout instructions. Emergency keycards must be returned to the lockbox IMMEDIATELY after use. A lost emergency keycard will incur a $250 charge. 7. CANCELLATIONS/REFUNDS: There is a $200 fee for cancellations more than 45 days before a scheduled arrival date. Cancellations between 30 days and 45 days of arrival there is a 50% charge for the TOTAL amount of the reservation. Cancellations less than 30 days before arrival, there is NO refund given. SCMR is not responsible for cancellations, delays or inconveniences for any reason, including but not limited to adverse weather conditions, road closures, problems with technology, personal emergencies, minor maintenance problems in your condo, water leaks, temperature control, personal preferences for bedding firmness, electrical outages, Acts of God, or any situation beyond the control of SCMR. WE RECOMMEND TRAVEL INSURANCE TO PROTECT YOUR FINANCIAL INTERESTS. You are opted into our preferred travel insurance provider, Travel Guard. You will be given the option to opt out if you do not desire travel insurance. 8. CHECK-IN / CHECK-OUT: Regular check-in and check-out times are 4 p.m. and 11 a.m. respectively. If you would like to request an early check-in or late check-out you must call the SCMR main office no more than 24 hours in advance. Select option 3 from the phone system. Please leave your name, phone number, room number and your request after the message. Early check-ins and late Check-outs are only available if another guest is not checking in or out of the unit on the same day. For an early check-in, you may check-in at 1 p.m. for a fee of $25.00 or your may check-in at 9 a.m. for a fee of $45.00. For late checkouts you may check out at 2 p.m. for a fee of $25.00 or you may checkout at 5 p.m. for a fee of $45.00. 9. CLEANING: A “check-out” cleaning fee is included in your total payment which is paid in advance, and this cleaning fee will provide for two hours of normal cleaning so that you may enjoy your vacation up to the last moment. Please place dishes in the dishwasher & turn on the dishwasher. Daily cleanings, mid-stay cleanings, and light cleanings are optional services which will incur an extra fee and must be scheduled at least 24 hours in advance. Cleaning fees vary by the size of the unit.
10. INSPECTION: The unit will be inspected, household items counted and checked for damage, both prior to your arrival and following your departure. As stated in Section 3 above, you will be liable and charged for any damages and/or missing items. The fees are as follows: $10 for each large towel, $5 for each hand towel, $3 for each washcloth, $10 per sheet, $5 per pillowcase, $30 for dry-cleaning bedspreads, market price for replacement of bedspreads, and $150 for each robe (where applicable, 2 robes are provided in each Lone Eagle and Timbers unit). 11. MAINTENANCE SERVICE: If a problem arises in the unit during your stay, emergency maintenance services are provide 24 hours a day, 7 days a week, 365 days per year. During regular business hours, service calls will be addressed in the order they are received. Afterhours calls may be delayed slightly. If an afterhour’s service call is not an emergency, we may postpone the repair until the following day. For the purposes of this agreement an emergency is defined as an issue that that makes the unit unsafe for human life, or may cause imminent damage to the unit. 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, guest will be responsible for all costs to affect said repair. 12. PARKING: Heated parking is provided for one vehicle under most buildings. Parking passes must be displayed on the dashboard of your vehicle. If you have additional vehicles, you can park them in a common lot located nearby. You must request a parking pass for the common lot. Vehicles without valid parking passes may be subject to towing by the Homeowners Association and/or The Keystone Resort. 13. SMOKING / PETS: Smoking and/or pets are not allowed. There is a MINIMUM $300 liquidated damages charge if evidence of smoking or pets is found during inspection. This charge will be added to any and all other charges. Smoking of Marijuana inside the unit is specifically prohibited. Medical Marijuana prescriptions do not negate anything in this agreement. 14. WHAT WE PROVIDE: This unit is fully furnished with all of the appliances and utensils necessary for daily living. It also includes bedspreads, linens, blankets, pillows, and towels. All linens must be left in the unit. Pool towels can be found by the pool and must be returned to the pool area. An INITIAL supply of bar soap, shampoo, conditioner, lotion, toilet tissue, paper towels, coffee, dishwashing soap and trash bags will be provided. SCMR does not provide more than the initial supply to the property. If your stay is for more than 3 or 4 days it is likely you will need to purchase extra supplies.
15. OPTIONAL EQUIPMENT: We offer XBOX 360s’, Playstation 3s’, Wiis’, and iPad 2s’, Pack- n-Plays’, and air mattresses for an additional fee. These items are rented on a first come first serve basis. By renting these items you promise not to abuse them and to leave all components in the unit upon departure. If there is any evidence that the item was damaged as a result of your use or abuse, you agree that SCMR is authorized to charge the credit card you provided as security for your stay. 16. WHAT WE DO NOT PROVIDE: We do not provide propane or any type of gas canisters or maintenance for outside heaters or grills, fire starters or firewood for wood burning fireplaces. Additionally, we do not provide condiments. 17. SKI / SNOWBOARD STORAGE: Ski lockers are normally located on the first floor of the building. Keys to the ski lockers are located in the condo. Please do not take your skis or snowboard into the unit. Please remove boots as soon as you enter the unit and place them on the bench next to the front door. This will help maintain the quality of the unit for future guests. Upon departure, all keys are to be left in the unit. If a ski locker key is lost, there will be a charge of $15.00 for a replacement. 18. QUIET HOURS / BREACH: Quiet hour’s start at 10:00 PM (resort policy). In the event that you breach any of the terms / conditions of this agreement or any of the rules and regulations of the building in which you are staying SCMR shall be entitled to recover attorney's fees and/or damage deposits in any action brought to enforce the terms hereof. Additionally SCMR may at its sole discretion remove you from the unit for violating this agreement and keep all rents as earned income. If you have an emergency that pertains to a building disturbance or human safety, please call Keystone Emergency Services at 970-496-4135 or the Summit County Sheriffs Office at 970-453-2232. 19. HOLD HARMLESS / ASSIGNMENT: Neither SCMR or Owner assumes liability for loss or damage to personal property, or injury to persons or their personal property staying in the unit. Neither does SCMR or Owner accept liability for any inconvenience arising from any temporary defects or stoppage in supply of water, gas, electricity, plumbing services, or any technology. Nor will SCMR or Owner accept liability for any loss or damage caused by weather conditions, lack of snow, natural disasters, acts of God, or any other reasons beyond its control. Refunds will not be issued for any of the aforementioned items. In any event, you agree that the maximum liability that SCMR or the Owner will have to you under any and all circumstances is the prorated amount of what you paid for the rental. You may not assign this Agreement or sublet the premises. Additionally, you agree to contact SCMR if anything in the unit you are renting is not up to the highest standards. You may be sent an online survey asking about your stay with SCMR. The survey responses are automatically distributed on the Internet. You agree
that if you do not contact SCMR during your stay due to any deficiencies in services or accommodations, that this is admissible proof in a court of law that your were completely satisfied with all aspects of your stay and with our service. 20. MOVING YOU TO ANOTHER UNIT: In the event of an Act of God or any circumstances outside of the control of SCMR, you may be given an option to move to a different unit. If you agree to move to a different unit, you agree that occupying that unit is absolute proof of the modification of this agreement and you will be charged the rack rental rate for the new unit. 21. NO VERBAL AGREEMENTS: All prior agreements between the Owner, SCMR and you are incorporated in this agreement, which constitutes the entire agreement. It is a final expression of the parties' agreement. This agreement shall be governed and construed in accordance with the laws of the State of Colorado and Summit County specifically. This agreement is binding the moment payment is made and payment is considered an affirmation of this agreement. 22. PROCESSING / CREDIT CARD FEES: SCMR believes in being up front about all costs and fees. All forms of payment incur a small processing and handling fee. If you choose to pay be e- check, you will save 1.99% off the total cost of your reservations. Sales tax is required to be charged by local and state governments. 23. DISPUTE RESOLUTION: Any disputes which cannot be resolved by informal discussions will be adjudicated by a proper court located in Summit County, Colorado. You accept the jurisdiction of Summit County Colorado as the sole jurisdiction in which any disputes can be adjudicated. SCMR shall be entitled to recover from you any and all costs and expenses incurred to resolve said dispute , but not limited to $50 per hour for in house office staff time, reasonable attorneys’ fee and debt collectors’ fees, court costs and filing fees. Additionally, any unpaid charges and fees shall be assessed a late fee of eighteen percent (18%) per annum. You specifically agree that you will not attempt any form of “charge back” or reversal of credit card charges, ACH, EFT, or any other form of payment without a judgment in your favor from a proper Summit County Court. 24. SEVERABILITY: If any term, covenant, condition, or provision of this Agreement or the application thereof to any person or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to person or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. 25. WAIVER: The failure of SCMR to exercise any right or power given hereunder, or to insist upon strict compliance by any other party with its obligations set forth herein, shall not constitute
a general waiver of SCMR's right to demand strict compliance with all other terms and conditions of this Agreement. 26. CAPTIONS NOT PART OF AGREEMENT: The paragraph headings or captions contained in this Agreement are descriptive only, and are not to be construed as part of the agreement.
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