Terms and Conditions
1. DEFINITIONS. The terms that are in italics type, like this, shall have the specific meanings assigned herein. Specifically defined terms herein include but may not be limited to the following: Reservation Confirmation means the email, fax, or hard copy document labeled as such and sent to you by agent containing specific details (i.e., name, contact information, dates, rental amount, etc.) relating to your rental of the property under this agreement. Owner means the record owner and its successors and assigns (or authorized representative thereof) of the property, which person has entered into a Rental Management Agreement with agent with respect to the property; property means the real property indicated above, together with all personal property located therein; agent means Iron Horse Property Management, LLC, a Colorado limited liability company, and its successors and assigns; and you (and derivatives like your) and guest mean the undersigned guest. Section refers to the language following a numbered, all capitalized, bold faced heading, LIKE THIS, and ending with the next such heading, or to the specifically enumerated and identified part thereof. Cancellation fee is defined in section 3, and day is defined in section 23. The parties hereby acknowledge that agent acts in all respects on behalf of owner and that agent does not control owner; an action, right, or duty of agent is an action, right, or duty of owner.
2. PAYMENT. For reservations made more than sixty (60) days prior to arrival, fifty percent (50%) of the rental amount is due at the time of booking. Guest shall pay agent the remaining balance due no later than sixty (60) days prior to arrival and such balance may be paid by credit card, cashier’s check, money order, or personal check. If the initial deposit was made with a credit card, that card will automatically be charged the remaining balance due, unless you notify agent otherwise prior to the due date. You will be charged a $40 handling fee for all returned checks. For reservations made sixty (60) days or fewer prior to arrival, all funds shall be immediately due. Agent reserves the right to withhold access to the property by you until all funds, including deposits, have been received to its satisfaction.
3. CANCELLATIONS. Cancellations by guest shall be received by agent no later than sixty (60) days prior to arrival in order to be effective. In the event of such timely cancellation, agent shall refund to you all monies paid, less a cancellation fee, which shall be 5% of the gross rental, or the equivalent to one night stay in the reserved property, whichever is greater. The amount charged will be the published nightly rate for the dates reserved excluding taxes and fees. Cancellations later than sixty (60) days prior to arrival shall be non-refundable, unless agent in its sole discretion determines that it can re-rent the property at the same rate for the same period. If the property cannot be re-rented, all monies paid by guest shall be forfeited as damages. If the property is re-rented, all monies paid by guest shall be refunded, less the cancellation fee. Weather conditions in Colorado can be extreme and change with little or no advance warning. You understand and accept this travel-related risk and agree that a refund will not be given due to weather conditions. If there is a concern for cancellation, travel insurance is recommended.
4. TRANSFERS. Requests for transfers from the property to another property will be accommodated where possible. If the property transferred to carries a lower rental amount, the rental amount for the current property shall still apply, unless the property can be re-rented for the same time period at the same rate. A $50 administrative fee shall apply to all transfers, including transfers within the same building or unit.
5. VACATION RENTAL DAMAGE PROTECTION. As a part of your reservation, you may purchase a Vacation Rental Damage Protection plan 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 $3000. Any damages that exceed $3000 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 repair of replacement of such property up to a maximum benefit of $3000. Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy. The Vacation Rental Damage plan can be purchased up to, and including at, check-in. By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to pay directly Iron Horse Property Management any amount payable under the terms and conditions of the Vacation Rental Damage plan. Please contact Iron Horse Property Management directly if you do not wish to participate in this assignment. If you do not wish to purchase the Vacation Rental Damage Protection, a refundable damage deposit of $3000 will be required, and a non-refundable processing fee of $75 will be administered.
6. SMOKING. Smoking is NOT permitted in or on the property at any time. Violation shall result in immediate termination with no refunds of rent, tax, deposits, or other monies, except as otherwise provided by Colorado law. Additional cleaning fees may apply.
7. MARIJUANA. The possession, consumption, and use of marijuana in or on the property are expressly prohibited regardless of whether the possessor, consumer, or user has been medically prescribed marijuana. Though the Colorado constitution has been amended to allow the possession, consumption, use and inhalation of marijuana in the state of Colorado, this amendment to the Colorado constitution specifically provides that an owner of the property may prohibit the possession, consumption, and use of the marijuana on or in the property. Therefore, the possession, consumption, and use of marijuana in or on the property are expressly prohibited, and any violation of this prohibition is a material breach of this agreement and shall result in immediate eviction in accordance with the law with no refunds of rent, tax, deposits, or other monies, except as otherwise provided by Colorado law. Further, you agree to pay to owner a $1,000.00 cleaning fee if you violate the prohibition against possession, consumption, and use of marijuana in or on the property. This $1,000.00 cleaning fee shall be in addition to, not in lieu of, any deposits or rents prepaid. Owner may, in owner’s sole discretion, waive the $1,000.00 cleaning fee. You shall also be responsible for any cleaning fees in excess of $1,000.00.
8. PETS. Pets are NOT permitted in or on the property, unless otherwise specifically permitted. Agent shall approve or disapprove your pet at the time of booking; later pet approvals will not be given. Violation shall result in immediate termination with no refunds of rent, tax, deposits, or other monies and shall result in a $250 penalty per pet and additional cleaning fees. A pet deposit and pet agreement shall be required for pet-friendly properties.
9. CHECK IN/OUT. Check-in is 4:00 p.m. on the day of arrival. Check-out is 10:00 a.m. on the day of departure. For late check-outs and/or early check-ins, additional fees may apply and shall require pre-approval.
10. HOUSEKEEPING. Agent shall provide you a clean home stocked with a starter kit of appropriate supplies. If supplies are depleted and need to be replaced during the rental period just give the office a call and the depleted items will be replaced. Agent shall provide a washer and dryer for your use, in almost all cases within the property and in rare cases very easily accessible from the property. Additional cleaning services may be arranged during the stay scheduled at least 2 weeks in advance of arrival date. During peak seasons, additional notice may be required and cleaning services are scheduled on a first come first serve basis.
11. HOT TUB/POOLS. You acknowledge that the use of hot tubs and/or pools on the property shall be at your own risk. Neither agent nor owner shall be responsible for accidents, damages, or personal injury resulting from the use of hot tubs and/or pools. No persons under sixteen (16) shall be allowed to use hot tubs or pools without adult supervision.
12. SERVICE REQUESTS. Agent shall respond to service requests for televisions, hot tubs, appliances, etc. as quickly as possible. Neither agent nor owner shall issue rebates or refunds to you for any reason, as agent shall make reasonable good faith efforts to ensure the property is maintained to the highest standard.
13. GUEST RESPONSIBILITIES. You represent the following: (A) that you are twenty-five (25) years old or older; (B) that you will personally occupy the property for the entire rental term; (C) that you and your party shall not exceed the max occupancy (the maximum number of persons that may occupy the property) at any time; and (D) that neither you nor anyone in your party will conduct activities within or on the property that are illegal or that disturb, offend, or cause nuisance to neighbors. Neither you, nor anyone in your party, shall: (A) rearrange furniture on the property; (B) cause waste to occur on the property; (C) or gain access to or use any locked areas on the property for which you are not provided key, it being understood that such areas and the personal property located therein shall be off limits to you and your party.Any violation by you of the policies in this section or of any other term of this agreement may, in agent’s sole discretion, result in immediate termination of this agreement and eviction of guest and guest’s party with no refunds of rent, tax, deposits, or other monies.
14. LOST, STOLEN, OR ABANDONED PROPERTY. You shall not hold owner responsible for any lost, stolen, or abandoned property. You may be charged a $25 fee plus shipping for any items returned to you.
15. ASSIGNMENT. This agreement shall be binding upon and shall inure to the benefit of the parties, their respective heirs, personal representatives, successors, and assigns. You shall not assign this agreement, or any interest therein, or payments due under this agreement, without the written consent of owner, except as otherwise provided herein. You shall not sublet or license to any third party any portion of the real, personal, or intangible property subject to this agreement, or any rights hereunder without the written consent of owner, except as otherwise provided herein. Any such unauthorized assignment, sublease, or license shall be void and of no effect.
16. FAILURE TO DELIVER. In the event that owner is unable to deliver the property to you because of act of nature, fire, or any other reason outside of owner’s control, agent shall make reasonable efforts to transfer you to a comparable property. If, as determined by agent, no such transfer is possible, agent shall return all monies previously tendered by you, and you agree that owner shall have no other liability to you.
17. TRANSFER OF OWNERSHIP. In the event ownership of the property is transferred from owner by any means prior to or during the rental period, the following shall apply: (A) If the transfer occurs more than sixty (60) days prior to the arrival date, owner may but shall not be required to assign this agreement to the new owner, and if not so assigned, agent may in agent’s sole discretion provide you with a comparable rental property or shall, if no alternative rental property is provided, return all monies tendered by you. (B) If the transfer occurs sixty (60) days or fewer prior to the arrival date or during the rental period, owner shall assign this agreement to the new owner, unless otherwise approved by you. Any assignment pursuant to this section shall bear the signature of the new owner indicating its acceptance of the assignment.
18. WAIVER. You shall not hold owner responsible for any inconvenience, damage, injury, or loss to persons or property that are caused, directly or indirectly, by persons or circumstances beyond the direct control of owner. You shall not hold agent responsible for any inconvenience, damage, injury, or loss to persons or property that are caused, directly or indirectly, by persons or circumstances beyond the direct control of agent.
19. INDEMNITY. You shall defend, indemnify, and hold harmless owner and its respective officers, directors, contractors, agents, affiliates, and representatives against any and all claims, demands, causes of action, damages, losses, liabilities, costs, or expenses that may arise from any injury that may occur upon the property during the term of the rental, except in the case of personal injury caused by the intentional act of owner or its agents.
20. VACATION RENTAL INSURANCE: Vacation Rental Insurance reimburses for pre-paid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment. Agent recommends you purchase this valuable protection. However, if you do not wish to purchase travel insurance, you must affirmatively decline travel insurance. By declining travel insurance, you acknowledge you have read and understand the cancellation policy herein and choose not to purchase Vacation Rental Insurance.
21. APPLICABLE LAW, JURISDICTION, AND VENUE. This agreement shall be governed by the laws of Colorado. Exclusive jurisdiction and venue of all actions relating to this agreement shall be in the District Court of Gunnison County, Colorado. Each party submits to the personal jurisdiction of such court and waives any and all rights to object to such jurisdiction. If jurisdiction is not obtainable by such court, all actions relating to this agreement shall be brought in the District Courts of Colorado or the United States District Court for Colorado. In the event there is any litigation or arbitration arising out of this agreement, the court or arbitrator(s) shall award to the substantially prevailing party its reasonable costs and expenses, including attorney fees.
22. MISCELLANEOUS. You acknowledge that, though agent acts in all respects on behalf of owner with respect to this agreement, agent may also accept commissions from independent businesses for goods and services relating to your rental under this agreement and such commissions shall not be subject to this agreement. This agreement may be executed in any number of counterparts or duplicates, each of which shall be deemed an original and all of which shall constitute the same instrument. Physical and electronic copies of this document shall be effective and enforceable as originals, and third parties shall be entitled to rely on such copies of this document for the full force and effect of all stated terms. The persons executing this agreement warrant that they have the requisite authority to do so.
23. COMPUTATION OF DAYS. As used in this agreement, the term day shall mean the entire day from 12:00 a.m. to 11:59 p.m., U.S. Mountain Time (Standard or Daylight Savings as applicable). In computing a period of days when either the beginning or ending date is not specified, the following shall apply: (A) When counting forward in time, the earliest day is excluded and the latest day is included. (B) When counting backward in time, the earliest day is included and the latest day is excluded. By way of example, “no later than three days prior to the ninth of the month” means “no later than 11:59 p.m. on the fifth of the month.”