Terms and Conditions
TERMS AND CONDITIONS
PLEASE READ THE ENTIRE TERMS AND CONDITIONS. List of Occupants and State issued ID is required to occupy rented property.
1. RESERVATION 5. SAFETY 9. COLLECTIONS
2. OCCUPANCY 6. WEATHER
3. HOUSE RULES 7. PROVISIONS
4. AMENITIES 8. ACCEPTANCE
These Terms and Conditions together with Guest(s) online booking constitutes a contract between the Guest(s) and Berkshire Hathaway HomeServices Today Realty & Associates (Manager), as the manager for the property owner (Owner).Guest(s) hereby understands and agrees that these Terms and Conditions are non-negotiable. These Terms and Conditions are material consideration for Owner allowing Guest(s) to rent Owner’s property and but for these Terms and Conditions Guest(s) would not be permitted to rent the property. TheTerms and Conditions herein may change without prior notice in the sole discretion of Manager or Owner except that no change that is made during or after Guest(s) occupancy will be binding on Guest(s).
1.RESERVATION PAYMENT REQUIREMENTS -A VALID CREDIT CARD MUST BE USED FOR INITIAL PAYMENT:
A 50% down payment is required on a credit card to secure reservation and will be credited towards the total rental amount.
Guest(s) understands that Manager will only accept reservations from responsible adults 25 years of age or older.
Guest(s) whose name is on the reservation is responsible for all other guests (including other Guest(s)), children and/or visitors during entire rental of subject property, including without limitation all acts by all other guests (including other Guest(s)), children and/or visitors). Any remaining balance of the total rental amount must be paid in full thirty (30) days prior to arrival date unless a different due date is specified on the Guest(s) reservation.If the balance is not paid by this deadline, the reservation may be canceled by Manager and all monies collectedwill be forfeited by Guest(s). All checks must clear the Manager’s bank account by balance due date specified on Guest(s) reservation. Guest(s)’ payment check(s) must reference the reservation TRANSACTION ID in the memo section of check.Please allow ample time for delivery. The preferred payment method of the balance is: Debit, E-check, Visa, MasterCard.
RESERVATION CHANGES–Once a reservation is confirmed, it may be moved or rescheduled up until thirty (30) days of arrival.
CANCELLATIONS–All reservation cancellations must be completed in writing (Email, Fax or Certified Mail).Cancellations are not considered complete until Guest(s) receives a confirmation email from Manager. If Guest(s) cancels less than thirty (30) days prior to arrival date, the Guest(s)’ entire payment will be forfeited.
SECURITY– The primary credit card or any other type of credit card provided for payment MUST be used as a form of security in-lieu of refundable deposit. Manager is authorized to charge this credit card for any Guest(s) requests, fines, fees and/or additional services due to guest neglect, misuse and/or damage or as otherwise set forth in these Terms and Conditions. Guest(s) will be charged additional cleaning fees and costs without additional notice to Guest(s). Guest(s) are to leave the rental property in the same condition, including state of cleanliness, it was received in by Guest(s) and all costs of returning or restoring the property to that condition will be charged to Guest(s).
RATES–Rental rates do not include, taxes, cleaning fees, pet fees, Damage Protection Waiver, reservation fee or any additional requested services. Nightly rates are subject to change without notice based on season and/or occupancy levels.Once Guest(s) has secured a rate, it will not change unless the reservation is modified by Guest(s).
TAXES – Applicable state and local taxes will be added to reservation nightly rate, cleaning charge and/or mandatory fees and charges. Optional services or pass-through charges collected on behalf of a vendor maybe exempt.
SPECIALS, PROMOTIONS and DISCOUNTS– Manager may offer different types of savings.Any special, promotion or discount must be requested at the time of booking and will not be applied after reservation is confirmed or paid in full.
DAMAGE PROTECTION WAIVER– Each reservation includes a non-refundable Damage Protection Waiver through Rental Guardian for $100, which includes an administration fee. This waiver is designed to protect the Guest(s) and Owner from charges due to accidental damage only.The waiver can provide up to $1,500.00 to repair accidental damages (beyond normal wear and tear).If any damages surpass $1,500.00 or are not paid by Rental Guardian, Guest(s) will be responsible for those damages arising out of or relating to any use by Guest(s), its licensees, and any other person on the property with the permission of Guest(s). Any additional charges, including damages not covered by Rental Guardian, for which Guest(s) is liable will be applied to the credit card on file, if any, and written documentation will be sent to the Guest(s) of record. This Damage Protection Waiver payment includes an administration fee that will cover the first one hour of time expended by Manager in attempting to secure repairs, coverage and payment by Rental Guardian. If additional Manager fees are incurred arising out of or relating to repairing any accidental damages for which Guest(s) is responsible, these additional Manager charges will also be the responsibility of Guest(s). The waiver does not cover any additional management fees and/or fines.ALL ACCIDENTAL DAMAGE MUST BE IMMEDIATELY REPORTED TO MANAGER.
PETS- Dogs are not allowed on the property unless specifically agreed to and identified by name, breed, color and size in the reservation for the property. Unless otherwise stated in the reservation agreement, there is a $500.00 flat rate for each dog.Pets must not be left unattended at the property unless they are crated. Some properties provide pet friendly crates.We recommend bringing your own crate.Pet waste must be bagged and disposed of in outdoor trash cans. An additional cleaning fee will be added to final invoice if pet waste is not picked up. Guest(s) of record will be financially responsible for pet damage regardless of ownership of the pet. Each unauthorized pet will result in a fine of $500.00 for which Guest will be responsible. Guest agrees that the amount of damage suffered by Owner as a result of any unauthorized pet is difficult if not impossible to ascertain and that the $500.00 per unauthorized pet is a reasonable estimate of Owner’s damages. Guest and Owner desire to liquidate the damages owed by Guest for breaching these Terms and Conditions and having an unauthorized pet. The liquidated damages amount is the $500.00 set forth herein. This $500.00 fine does not include the damages caused by unauthorized or authorized pets, which are additional amounts that Guest(s) shall be responsible for and shall pay upon demand. The credit card on file with Manager for Guest(s) shall be charged directly for this $500.00 per pet amount without additional notice if Guest(s) have additional pets on the property.
TRAVEL INSURANCE–Upon Guest(s) request, a travel insurance policy may be made available by a third-party insurance vendor.This policy may cover any monies lost based upon the coverage provided.The option to purchase this travel insurance policy must be exercised at the time of reservation and/or prior to final balance being paid. Once travel insurance has been elected, a 10-day free look period will apply and any cancelations of insurance must be made within this 10 day free look period.
CONFIRMATIONS–Reservation confirmation will be sent via e-mail to Guest(s).Please read the confirmation email for accuracy including occupancy dates, pricing, mailing address, phone/e-mail contact information and any other accommodation requests.Information changes and/or errors should be reported within 24 hours of confirmation.
REFUNDS–All eligible refunds will be issued to the credit card on file.Cash Refunds are not available. Refunds and/or rate adjustments are not made for any inconveniences.No refunds and/or rent reductions will be made due to failure of appliances and/or equipment, early departures, delayed arrivals and/or inclement weather.If applicable, refunds will require an additional processing fee (a “Reservation Change Fee”). Manager shall have the sole right to select such replacement rental property for bookings.Guest(s) will be refunded any difference in cost or will be responsible for any additional costs above collected balance. Any credit issued will be for the original amount collected.
AVAILABILITY–If a property becomes unavailable prior to occupancy due to circumstances outside of Manager’s control or prior knowledge due to termination from rental program, major mechanical failure and/or loss of utility (electricity, gas, water), Manager reserves the right to relocate Guest(s) to a different rental property, reschedule, or issue a credit for future use before offering a refund.If there are not any comparable options, a full refund will be given without any penalties.
CHECK-IN TIME IS 3:00 PM– Guest(s) may check-in at Manager’s office or directly at the property if arranged in advance.Manager will use every resource available to have the property ready for Guest(s) occupancy at noted check-in time, however, Manager cannot guarantee the exact time of occupancy due to possible interruptions.No concessions, rate reductions and/or refunds will be made for postponed occupancy due to conflicts out of Manager’s control.
CHECK-OUT TIME IS 10:00 AM–Check-out is strictly enforced so that the Manager has adequate time to prepare the rental property for the next scheduled Guest(s).
ALL CHECK-OUT INSTRUCTIONS MUST BE COMPLETED PRIOR TO DEPARTURE.Failure to complete check out instructions will result in additional housekeeping charges. These charges will be charged directly to the credit card on file with Manager for Guest(s) without additional notice to Guest(s) and Guest(s) authorize these charges to be made without further notice.
EARLY ARRIVALS and LATE CHECK OUT– These options may be available upon request and should be pre-arranged.Guest(s) understands that these options are not guaranteed unless purchased in advance.
EXTENSIONS and HOLDOVERS- Guest(s) must contact the office as soon as possible to extend reservation or if Guest(s) has become held over for any reason.
OCCUPANCY–A LIST OF ALL OCCUPANTS (overnight Guests and Visitors) MUST BE INCLUDED IN GUEST(S)’ BOOKING PRIOR TO OCCUPANCY.
Advertisednightly and weekly rates are FLAT RATE PRICING.Guest(s) agree that no more than the number of authorized people shall occupy the property. If the rental property is occupied by more than the number indicated on the Confirmation, the violation will result in additional charges. Guest agrees to pay an additional $50.00 per guest per night if additional guests or other persons occupy property without confirmed notification on reservation. Guest(s) agrees that the amount of damage suffered by Owner as a result of any unauthorized person staying overnight is difficult if not impossible to ascertain and that the $50.00 per unauthorized person per night is a reasonable estimate of Owner’s damages. Guest and Owner desire to liquidate the damages owed by Guest for breaching these Terms and Conditions and having an unauthorized overnight occupant. The liquidated damages amount is the $50.00 set forth herein. This $50.00 fine does not include the damages caused by unauthorized or authorized overnight occupants, which are additional amounts that Guest(s) shall be responsible for and shall pay upon demand. The credit card on file with Manager for Guest(s) shall be charged directly for this $50.00 per unauthorized overnight occupant amount without additional notice if Guest(s) have additional occupants on the property.
A visitor of the Guest(s) may occupy the property on a temporary basis only.Visitors may not occupy the property beyond 10:00 PM or stay overnight without being registered with the Manager and paying the additional guest charge.
NO HOUSE PARTIES.If evidence of misuse or violation of these Terms and Conditions is discovered at any time, Guest(s) will be charged accordingly or immediately evicted.
Special events are prohibited without prior written authorization by manager.
DOOR CODE ACCESS CODES and KEYS– Guest(s) issued a door or lockbox code at check-in are not required to report back to the office at the time of check-out. For the properties that have keys,Guest(s) will beissued one set of keys at check-in and all keys must be delivered back to Manager’s office at time of check-out unless otherwise arranged between Guest(s) and Manager’s office. The properties are privately owned and Guest(s) are responsible for lost,misplaced and/or stolen keys.The property must be re-keyed in the event that key(s) are lost, misplaced, stolen or not returned for any reason.The Guest(s) will be responsible for the cost of replacing and/or re-keying the subject property. Manager’s office will use a professional locksmith to re-key all exterior doors. Costs vary based on quantity. Manager is authorized to charge the credit card on file with Manager for Guest(s) for all such costs if any key given to any Guest(s) is lost.
SECURITY CAMERAS – Owner may have one or more security cameras located on the exterior of the building. Guest(s) will not interfere with, alter, or redirect the security cameras or any related hardware or infrastructure. Guest(s) acknowledge the security cameras and have no objection to them.
REPAIRS – SERVICE CALLS – EMERGENCY MECHANICAL FAILURE–Guest(s) must report any inoperative equipment or needed repairs to the Manager’s office as soon as possible.If the office is closed, Guest(s) may call the after-hours help line provided at check-in for trouble shooting assistance. Non-Emergency maintenance requests will be addressed during business hours.Manager will make every reasonable effort to have repairs completed quickly and efficiently.Manager reserves the right to move Guest(s) to another rental property if deemed necessary and is subject to availability. Guest(s) understands and agrees that Manager, Manager’s staff and/or contractor of Manager, may enter the rental property at any reasonable time to make any needed repairs.Guest(s) understands and agrees that Manager cannot guarantee against mechanical systems failure during occupancy.No refunds, concessions and/or rate adjustments will be made for these unforeseen circumstances.
Guest understands there is a minimum of $50.00 or total cost of service call if a repair technician is requested and finds that the equipment is in working order and the problem was due to the Guest(s) oversight or user error.
3. HOUSE RULES
QUIET TIME – Guest agrees to keep noise to a minimum inside and outside the property from 10PM to 8AM. Outdoor fireplaces, fire pits, games and hot tubs included. Sound can travel a long way in mountains and may disturb unseen neighbors. Guest will be allowed one warning before being reported to the local law enforcement by Manager.
TRASH and LITTER–All trash must be bagged and placed in the trash cans or trash bins made available at the property.If trash cans are full upon arrival, please contact Manager’s office. If litter such as trash remnants, cigarette butts, cans, bottles, etc., are discovered after occupancy, an additional housekeeping fee and/or fine will be assessed and charged to the Guest(s) credit card of record.
FIREARMS, FIREWORKS and ATV’s – Use of firearms, fireworks and ATVs is strictly prohibited on the rental property. If any evidence is discovered that Guest(s) have used these items on the rental property, Guest(s) agrees and understands that they will be fined up to $500.00 or more, depending on circumstances, per instance. Guest(s) will also be responsible to pay for and/or repair any damages associated with the use of these items. ATV’s can be stored on the rental property with prior consent from Manager. Fireworks and firearms are not permitted on the rental property.
SMOKING –SMOKING IS NOT PERMITTED INSIDE ANY PROPERTY!!!Smoking is only permitted outside, and cigarette butts should be disposed of in ashtrays and/or designated areas outside of the residence. Any smoking inside a residence will result in additional cleaning charges that will be charged to Guest by Manager and will be paid by Guest(s). Guest(s) understand that removing the smell of cigarette or marijuana or other smoking from inside a residence is difficult if not impossible and that substantial expense may be incurred. At a minimum, Guest(s) will be charged $500.00 to clean up after any indoor smoking of any type or nature. Manager shall have the right, without further notice to Guest(s) to directly charge Guest(s) credit card on file with Manager for all such costs and expenses of cleaning up and removing all smoking damage following any indoor smoking during Guest(s) rental of the property. ALL CIGARETTE BUTTS MUST BE FULLY EXTINGUISHED, BAGGED AND PLACED IN THE OUTSIDE TRASH CAN.
HOMEOWNER ASSOCIATION – If the subject property is located in a homeowners association or other property owners association, Guest is required to comply with all covenants, conditions, resolutions, actions, rules, regulations, policies and procedures of that association (as they currently exist and may be amended, the “Governing Documents”) regarding the subject property. Governing Documents often include limitations and prohibitions on parking, especially on street parking, RV parking, trailer parking, trash removal, outdoor storage, outdoor fires, noise, light and nuisances. Guest shall not violate the Governing Documents nor cause or permit Owner to be in breach of the Governing Documents. Manager will provide a copy of the Governing Documents to Guest upon request, but Manager makes no warranties or representations that the Governing Documents will not change prior to or during occupancy as Governing Documents are subject to change from time to time. A copy of the Governing Documents will be located on the subject property at the time of arrival by Guest. Any fine, fee, charge, interest, attorney fees, costs, and expenses incurred or charged against Owner arising out of or relating to Guest’s use or occupancy of the subject property shall be the sole and exclusive obligation and responsibility of Guest and shall be immediately paid when due by Owner. Guest agrees to indemnify and defend and hold Owner harmless of and from any and all claims, cross claims, causes of action, debts, demands, liabilities, fines, fees, costs, expenses, court costs and attorneys fees arising out of or relating to Guest’s violation, breach or other failure to comply with any Governing Documents during Guest’s rental period. Such indemnification, duty to defend and hold harmless includes the obligation to pay all reasonable attorney fees and court costs of Owner incurred in defending against any such claims, cross claims, causes of action, debts, demands, liabilities, fines, fees, costs expenses, court costs and attorneys fees and to pay all such reasonable attorney fees and court costs and all debts, demands, liabilities, fines, fees, costs, expenses, court costs and attorneys fees and costs as they become due. In addition, if Guest is in violation of any Governing Documents or fails to comply with any of the Governing Documents during the rental period, Owner and Manager may evict, remove and otherwise immediately cancel the reservation of Guest.
ACCOMMODATIONS AND AMENITIES–All properties are privately owned, furnished and equipped by the Owner.As such, Manager cannot make any changes to the furnishings and/or equipment provided by the Owner. Each property is cared for by a team and/or individual housekeeper and is always inspected within at least ten (10) days of arrival and immediately after departure.If Guest(s) requires special appliances and/or equipment, please bring them or make arrangements with the Manager’s staff prior to arrival.In certain areas of each rental property, there may be locked locations used by the Owners for personal storage and/or housekeeping supplies.These areas are not included in this rental.Please do not move furnishings or tamper with locked areas. Under no circumstances shall furniture, bedding, mattress pads, utensils or any other items supplied with the rental property, to be taken out, transferred from one rental property to another rental property, moved and/or rearranged. Guest(s) will be charged for all costs of repairing broken locks and all costs of repairing, replacing or restoring personal property and real property (including without limitation furniture, fixtures, linens, utensils, finishes, cabinetry, washers, dryers, etc.) that is damaged or removed during Guest(s) rental period regardless of whether this property was included in the rental or locked off from the rental property. This cost includes Manager’s time in locating and arranging for any repairs, replacements and restorations. Guest(s) hereby authorize Manager to charge the credit card on file with Manager for Guest(s) for all such costs.
LINENS and ADDITIONAL LINEN SERVICES–A full supply of linens is provided in each property.Bed linens and bath towels are not changed during your stay unless requested.Bath towels should not be removed from the property or used for the lake, river or cleaning purposes.Stained, misused, or missing linens will be replaced at Guest(s) expense. A linen service and mid-stay cleaning service may be available upon request. Contact the Manager’s office for details.
START UP SUPPLIES -Bath soap, toilet tissue, paper towels and trash bags are provided but not replenished during stay.
SATELLITE, CABLE TELEVISION and ELECTRONICS–All properties have different subscription packages for cable and/or satellite(s). Manager cannot guarantee any programs, events and/or subscription levels.Guest(s) should not attempt to use Pay Per View services, remove any locked channels or download movies over the internet. Under no circumstances shall Guest(s) disconnect and/or reconnect any electronics.Some properties are equipped with sophisticated electronics and stereo equipment. Do not tamper with this wiring or modify configuration to add a gaming system or other devices.Guest(s) will be responsible for all costs for technical service calls to reconfigure wiring, including replacement equipment, hardware, software and technician time.
INTERNET ACCESS–Most properties are equipped internet access. Contact office to verify. Properties equipped with internet may experience service interruptions outside of Manager’s control.Manager cannot guarantee the speed or proper operation of this amenity.See property description to determine availability.
GAME ROOMS– These additions are provided in select properties and are designed for everyone’s enjoyment. Please respect the condition of these amenities and do not rough house or play hard around them.Children should always be monitored while using these amenities.Damage due to misuse will result in repair and/or replacement cost that will be charged to Guest(s). Guest(s) hereby authorize Manager to charge the credit card on file with Manager for Guest(s) for all such costs.
GRILLS– Properties equipped with outdoor cooking grills will use either propane or charcoal. Propane grills should be turned off after each use.Never use charcoal in a propane grill or move the grill to any other location.Charcoal grills should be cleaned out after each use.See property description to determine availability.
HOT TUBS –ALL TUBS ARE DRAINED AND REFILLED OR BALANCED BEFORE GUEST ARRIVAL.There is a $75.00 convenience charge if Guest(s) requests that the hot tub is drained, cleaned, refilled and/or balanced during occupancy. Guest(s) must observe any posted safety information.The cover must be in place and latched when the hot tub is not in use.In addition to adhering the hot tub cover after each use, also add a capful of shock enhancer in the hot tub after every use to ensure proper sanitation.Children under the age of 18 are not allowed to use the hot tub without constant adult supervision.Temperature of the hot tub shouldNEVERbe elevated above 104 degrees. Pregnant woman and young children should not use the hot tub without first consulting with a physician.Persons with injuries and/or medical conditions should consult a physician prior to using the hot tub.Extreme care should be taken to ensure that hair and clothing does not become entangled in the drain(s).Pets areNEVERallowed in the hot tub.
INDOOR FIREPLACES, EXTERIOR FEATURES and FIREWOOD–Indoor fireplaces and exterior features are available in select properties.See property description to determine availability.
• Gas Log Fireplaces–NEVER rearrange or tamper with gas logs. This is a major safety issue and could be hazardous to your health and could result in property damage. Tampering with gas logs will result in additional charges and/or fines.Gas fireplaces can be used but are not serviced May (Memorial Day weekend) through September (Labor Day weekend). Tampering with or rearranging gas logs. Guest will be responsible for service fee to have gas company repair.
• Firewood Provided for Indoor Fireplaces– Firewood provided by the owner at the cabin is for indoor fireplace ONLY. Guest must provide their own firewood for any outdoor fireplaces or fire pits.
• Wood Burning Fireplaces and Outdoor Features– Always remember to always check to make sure that the flue is open andstart with a small fire and build up to desired size.NEVER overload wood burning fireplaces or outdoor features.Never use a gas accelerant. Guest may use a starter log.Always make sure the fire is completely extinguished after each use. By using any wood burning device, Guest(s) are representing and warranting to Owner and Manager that Guest(s) have the knowledge and experience to use the wood burning device safely such that no injury results to any person and no damage results to any property. Guest(s) agree to indemnify and defend Owner and Manager of and from any and all claims, causes of action, debts, demands and liabilities arising out of or relating to Guest(s) use of the wood burning device. This indemnification and hold harmless includes the obligation of Guest(s) to pay all attorney fees and court costs of Owner and Manager as such fees and costs are incurred by Owner and/or Manager.
LOFT UNITS – Guest(s) that occupy properties that feature a loft are advised that Guest(s) and other overnight occupants sleep at their own risk in this designated space. Guest(s) assume all risks associated with any persons sleeping in any loft, including the risk of such person falling out of the loft while sleeping and suffering permanent injury or death. Lofts are not recommended sleeping spaces for children. Guest(s) agree to indemnify and hold Owner and Manager harmless of and from any and all claims, causes of action, debts, demands and liabilities arising out of or relating to any persons sleeping in any loft on the rental property during Guest(s)’ rental term, including without limitation the payment of all attorney fees and costs of Owner and Manager as such fees and costs are incurred by Owner and/or Manager.
RESPONSIBILITY – Guest(s) shall survey the rental property and become familiar with ALL exits, fire extinguisher locations, amenities, furniture placement and potential dangers. Some properties may be located on bodies of water or waterways and some may have boats and/or private docks for Guest use. Guest(s) understand that inherent risks exist with property located along rivers, creeks, lakes, ponds or other bodies of water, and Guest(s) understands that water recreational activities as well as boat and dock usage is at their OWN RISK. If using a boat, it is the responsibility of Guest(s) to know Colorado boating laws and to abide by same. Guest(s) agree that Owner and Manager shall not be liable for damages arising from injury to persons or property, or loss of life sustained in or about the rental property and improvements thereon, or on the roads, docks, bodies of water or waterways located on or appurtenant thereto by any persons whatsoever. Guest(s) agree to indemnify and hold Owner and Manager harmless of and from any and all claims, causes of action, debts, demands and liabilities arising out of or relating to any use of watercraft, boats, water bodies, water ways, rivers, ponds, or lakes, including any drowning injury or death occurring on or around the rental property. This indemnification and hold harmless includes the obligation of Guest(s) to pay all attorney fees and court costs of Owner and Manager as such fees and costs are incurred by Owner and/or Manager.
WATERFRONT - Some properties may be on a lake, pond or river .
• Swimming–Swim at your own risk.Always wear a life jacket while in the water.No life guard is on duty.Stay away from moving boats at all times
• Fishing–Cabin renters may also fish from the shore.Keep center walkways free of chairs, fishing poles and tackle boxes so other Guest(s) may safely navigate.
INCLEMENT WEATHER–It is the Guest(s) responsibility to monitor the weather and road conditions prior to arrival.Guest(s) may contact the office to inquire about conditions understanding that the Manager cannot predict the weather and/or road conditions throughout the region. Road conditions can change rapidly and/or remain impassible for extended periods of time. Manager has no liability for road conditions or statements regarding road conditions. Manager will allow Guest(s) to reschedule prior to seventy-two (72) hours of arrival.If Guest(s) does not reschedule within this time frame, the rental agreement will not be changed or altered in any manner.
• If Guest(s) becomes held over, the full nightly rate will be charged for each additional night. It will become the Guest(s) responsibility to pay for any additional services requested.
• Guest(s) arriving during inclement weather and checking in (acceptance of keys/taking occupancy of the property), understands they are proceeding at their own risk and should make the appropriate arrangements. Guest(s) who do not show, turn around and/or depart early, will be voluntarily forfeiting the reservation.
• Guest(s) understands that power outages can occur at any time for many different reasons, inclement weather included, and that neither Owner nor Manager is responsible for outages caused by forces out of Manager’s control.
LISTING INFORMATION– Property information and individual listings are believed accurate but cannot be guaranteed.We have made every effort to ensure that all the information on the Manager’s website(s) is current and accurate.The possibility of errors and omissions exists.Our staff will be happy to confirm all data and information or answer any questions.
INTERFERENCE– Neither Owner nor Manager shall be liable for events beyond their control which may interfere with Guest(s) occupancy, including but not limited to acts of nature, governmental agencies, fire, strikes, war, inclement weather, pandemic and/ or construction noise from nearby sites. NO REBATES, CONCESSIONS OR REFUNDS will be offered because of any such interference with Guest(s) occupancy.
RIGHT OF ENTRY– Guest(s) agrees that Manager reserves the right to enter the rental property to conduct an inspection at any time, for any reason.Manager or a broker may also enter premises to show property to qualified prospective purchasers but will not do so without permission granted by current Guest(s).
CONCIERGE and GUEST SERVICES– Manager has established relationships with service providers.Cost of additional services can be added to Guest(s) final invoice and charged to Guest(s) credit card for ease of accounting on your vacation.These services can be verbally requested and confirmed and/or elected by Guest(s) before being charged.Once a request for additional services has been made and the Guest(s) reservation has been confirmed and/or additional services have been rendered by Manager’s office, all charges are final and non-refundable.Service providers will be responsible for any liability, refunds and/or gift certificates. Manager will not be held responsible for any misstatements by Guest(s).Manager’s office assumes no responsibility for incorrect dates, times, e-mail addresses and/or any other incorrect information provided to us by Guest(s). Excursions are reserved "as is" on the date and times requested by Guest(s).Manager(s) will not be held responsible forinjuries, death, loss of personal effects and/or late arrival ofGuest(s) to pre-reserved excursions.
AGENCY DISCLOSURE– Berkshire Hathaway HomeServices Today Realty & Associates, serves as the Manager and representative of all Owners in its rental program and is acting at all times, in and for the best interests of the Property Owner(s). Manager is a licensed Colorado Real Estate Brokerage.
INDEMNIFICATION and HOLD HARMLESS– Guest(s) agrees to indemnify and hold harmless the Owner and Manager(s) for any liabilities, theft, damage, cost and/or expense whatsoever arising from or related to any claim or litigation which may arise out of or in connection with Guest(s) use and occupancy of the rental property.This is including, but not limited to, any claim or liability for personal injury and/or damage and/or theft of property which is made, incurred and/or sustained by Guest(s).The terms “Manager” and “Owner,” as used in these Terms and Conditions, shall include their heirs, successors in interest, assigns, employees, Managers and representatives where the context requires or permits.The terms “Guest(s)” as used in these Terms and Conditions, shall include Guest(s) heirs, successors, assigns, Guest(s), invitees, representatives and any other persons on the rental property during Guest(s) occupancy (without regard to whether such persons have authority under these Terms and Conditions to be at the rental property), where the context requires or permits.
VIOLATING COUNTY, CITY ORDINANCES or THESE TERMS AND CONDITIONS and EXPEDITED EVICTION– Guest(s) agrees to abide by all county and/ or city ordinances which obligate(s) the occupant to abide by all of the requirements of the (Short-Term Rental) ordinance, and other city ordinances, state and federal law, and that such a violation of any of these rules may result in the immediate termination of the rental agreement and eviction from the premises, as well as potential liability for payment of fines levied. At any time, Manager may terminate the rental agreement if Guest(s) violates any of the conditions set forth herein.Upon notice of termination of the rental agreement, Guest(s) shall vacate the premises immediately and forfeit all rents. A material breach of the rental agreement, including any material breach of these Terms and Conditions, by Guest(s), which in sole determination of the Manager(s) results in damage to the rental premises, personal injury to Guest(s) or others, a breach of the peace, a nuisance to others and/or a violation of criminal law or local code, shall be grounds for termination of Guest(s) tenancy. Violation of any of the rules contained herein will result in IMMEDIATE EVICTION AND FORFEITURE OF RENT.
DENYING PAYMENT, ADDITIONAL FEES and/or FINES– If Manager must obtain legal advice or counsel for matters arising from payment discrepancy involving a Guest(s) or vendor payment(s) such as a credit card company, Manager(s) will seek rightful payment and/or collection.If disputes are transferred from Manager’s office to a collection team and/or attorney, Guest(s) of record will become responsible for all charges proved to be their responsibility including cost of collection and/or legal services incurred by Manager and/or Owner.
DISPUTES– These Terms and Conditions and the rental agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado and shall be treated as though it were executed in the County of Gunnison, State of Colorado.Any action relating to this agreement, including these Terms and Conditions, shall be instituted and prosecuted only in the Gunnison County Court or Gunnison District Court, Gunnison County, Colorado.Guest(s) specifically consents to such jurisdiction and to extraterritorial service of process.
8. ACCEPTANCE and CREDIT CARD GUARANTEE – Upon submitting a reservation over the internet or by phone, Guest(s) has entered into a binding contract as set forth in the booking and these Terms and Conditions.Upon submission, Guest(s) are authorizing “Jason A. Lain Inc d/b/a Berkshire Hathaway HomeServices Today Realty & Associates” to bill charges relating to the rental and use of property and otherwise pursuant to these Terms and Conditions and Guest(s)’ booking.Guest(s) accepts and understands that all liability and costs associated with damage due to Guest(s) negligence, misuse of property and/ or missing items is Guest(s) responsibility.Additional charges will be billed to the Guest(s) credit card on record or submitted for if payment is declined.All credit card sales are final. Guest(s) understands and agrees to the cancelation policies and refund policies outlined herein.To finalize reservation, confirm and/or fill in the information below. A copy of these Terms and Conditions and any further notices or additional information will be provided in confirmation emails to follow or upon arrival or by request.
9. COLLECTIONS - Guest(s) agrees to pay all cleaning costs, fines, liquidated damages and all other amounts set forth in the rental agreement, including these Terms and Conditions, that are to be paid by Guest(s) or charged to Guest(s) without additional notice and upon demand or upon the same being charged to Guest(s)’ credit card by Manager, whichever occurs first. Guest(s) will not dispute or in any way challenge any such charges that are charged to Guest(s)’ credit card pursuant to these Terms and Conditions by Manager. If for any reason Guest(s)’ credit card cannot be charged or fails to pay the amount attempted to be charged, Manager shall invoice Guest(s) for such amounts, which shall be immediately due and owing by Guest(s) to Manager and shall be paid within 30 days of the date of the invoice. Any amounts not paid within 30 days of the date of the invoice will bear interest at 18% per annum compounding annually.
BY BOOKING ELECTRONICALLY YOU AGREE TO THESE TERMS AND CONDITIONS AND ALL OTHER OBLIGATIONS, ASSUMPTIONS, INDEMNIFICATIONS, WAIVERS, RELEASES, AUTHORIZATIONS AND OTHER PROVISIONS SET FORTH ABOVE. ALL CANCELLATIONS MUST BE MADE IN WRITING, E-MAIL, FAX or CERTIFIED MAIL. Reservation must be paid in full by 30 days prior to arrival date for standard properties.
Email: [email protected]
Mailing Address: 137 W. Tomichi Ave., STE A, Gunnison, CO 81230