Terms and Conditions
PLEASE READ THE ENTIRE AGREEMENT. List of Occupants and State issued ID is required to occupy rented property.
1. RESERVATION 5. SAFETY
2. OCCUPANCY 6. WEATHER
3. HOUSE RULES 7. PROVISIONS
4. AMENITIES 8. ACCEPTANCE
This Guest Rental Agreement constitutes a contract between the Guest(s) & Berkshire Hathaway HomeServices Today Realty & Associates (BHHSTRA), as the Manager for the property Owner.Guest(s) hereby understands and agrees that rental agreement is non-negotiable. TheTerms and Conditions herein may change without prior notice.
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 total rental amount.
Guest(s) understands that Manager will only accept reservations from responsible adults 25 years of age or above.
Guest(s) whose name is on the reservation will remain responsible for all other Guest(s), children and/or visitors during entire rental of subject property. Balance must be paid in full thirty (30) days prior to arrival date for standard properties.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. Reference the reservation TRANSACTION ID in the memo section of check when submitting.Please allow ample time for delivery. Preferred payment method of the balance is accepted by: 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 for standard properties.
CANCELLATIONS–All Cancellations must be completed in writing (Email, Fax or Certified Mail).Cancellations are not considered complete until Guest(s) receives confirmation email from Manager. If Guest(s) cancels less than thirty (30) days prior to arrival date for standard properties the Guest(s) entire payment will be forfeited.
SECURITY– The primary credit card or any other type of credit card provided for payment may be used as form of security in-lieu of refundable deposit. The 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.
RATES– Published 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 the 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 of $100 through Rental Guardian. This waiver is designed to protect the Guest(s) and Owner(s) from charges due to accidental damage only.The waiver can provide up to $500.00 to repair accidental damages (beyond normal wear and tear).If any damages surpass $500.00, additional charges will be applied to the credit card on file and written documentation will be sent to the Guest(s) of record.If damages are determined to be caused by the willful misconduct, misuse and/or pets, the Waiver will be voided on the grounds of intentional act(s), gross negligence, willful and wanton conduct by Guest(s) and/or Licensee of Guest(s) and/or visitor(s).These occurrences will result in the Guest(s) credit card on file being charged in full for any damages and management fees.The waiver does not cover any additional management fees and/or fines.ALL ACCIDENTAL DAMAGE MUST BE REPORTED TO SOUTHERN COMFORT CABIN RENTALS OFFICE BEFORE GUEST(S) DEPARTURE TO QUALIFY FOR PROTECTION.
PETS-Dogs are allowed in authorized properties only.There is a $150.00 flat rate for one (1) dog plus $50.00 for second dog.No more than two (2) pets are allowed in any property.Size/weight restrictions may apply based on property.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. 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. Evidence of an unauthorized pet will result in a $200.00 fine, if the home is not designated pet friendly an additional cleaning fee up to $300.00 will be added to the fine.
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.Travel Insurance Quick Reference Guide
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 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 the BHHSTRA Rental office or directly at the property if arranged in advance.Manager will use every resource available to have the property ready for guest 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.
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 WITH THIS AGREEMENT 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 occupy property without confirmed notification on reservation.
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 this occupancy agreement is discovered at any time, the Guest(s) of record will be charged accordingly or immediately evicted.
Special events are prohibited without prior written authorization by manager.
DOOR CODE ACCESS CODESandKEYS– Guest(s) will be issued a door or lockbox code at check-in and 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.
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 between 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 home 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 reported to the local authorities.
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 – These items are strictly prohibited for recreational purposes 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 management.
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. $500.00 minimum fine, or more, depending on circumstances, when smoking is discovered inside a cabin.ALL CIGARETTE BUTTS MUST BE FULLY EXTINGUISHED, BAGGED AND PLACED IN THE OUTSIDE TRASH CAN.
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.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.In certain areas of each rental property, there may be locked locations used by the Property 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.Such behavior will result in a fine starting at $100.00 or more depending on circumstances.
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 repenished 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.Please do not tamper with this wiring or modify configuration to add a gaming system or other devices.Guest(s) will be responsible for technical service calls to reconfigure wiring.
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 at Guest(s) expense.
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. 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.
LOFT UNITS - Tenants that occupy properties that feature a loft are advised that you shall sleep at your own risk in this designated space and also not recommended for small children.
RESPONSIBILITY – Guest(s) shall survey home 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 Georgia 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.
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 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 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 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 this time 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 SCCR is not responsible for outages caused by forces out of Property 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 and/ or construction noise from nearby sites.Circumstantially NO REBATES, CONCESSIONS OR REFUNDS will be offered.
RIGHT OF ENTRY– Guest(s) agrees that the Manager reserves the right to enter the rental property to conduct an inspection at any time, for any reason.Manager/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 throughout North Georgia.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 on Southern Comfort Cabin Rental’s website 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.
PROPERTIES LISTED FOR SALE BY A REAL ESTATE BROKER– Some properties in the Manager’s rental program are listed for sale.The Real Estate Broker has been informed not to show these properties while occupied by Renter(s) and/or Guest(s) of the Property Owner(s).If for any reason, a Real Estate Broker, under their own free will, shows up unannounced to “show” a property, please instruct them to call the Manager’s office immediately.As a courtesy, Manager’s office may contact Guest(s) to authorize entry or showing of a property that is listed for sale.
AGENCY DISCLOSURE– BHHSTRA, serves as the Manager and Representative of all Property Owner(s) in its Rental Program and is acting at all times, in and for the best interests of the Property Owner(s). BHHSTRA 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 this Agreement, shall include their heirs, successors in interest, assigns, employees, Managers and Representatives where the context requires or permits.The terms “Guest(s),” “Licensee of Guest(s),” as used in this Agreement, 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 this Agreement to be at the rental property), where the context requires or permits.
VIOLATING COUNTY, CITY ORDINANCES or TERMS OF THIS AGREEMENT and EXPEDITED EVICTION– Guests 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 agreement and eviction from the premises, as well as potential liability for payment of fines levied. At any time, the Manager may terminate this Agreement if Guest(s) violates any of the conditions set forth herein.Upon notice of termination of this Agreement, Guest(s) shall vacate the premises immediately and forfeit all rents. A material breach of this Agreement by Guest(s), which is in sole determination of the Manager(s), results in damage to the 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.
DISPUTES– This 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 shall be instituted and prosecuted only in the Gunnison County Court, Gunnison County, Colorado.Guest(s) specifically consents to such jurisdiction and to extraterritorial service of process.
ACCEPTANCE and CREDIT CARD GUARANTEE – Upon submitting a reservation over the internet or by phone, Guest(s) has entered into a binding contract outlined by the Terms and Conditions of this Agreement.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.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 this signed agreement and any further notices or additional information will be provided in confirmation emails to follow or upon arrival or by request.
BY BOOKING ELECTRONICALLY YOU AGREE TO THESE TERMS AND CONDITIONS. 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