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 section23. 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. In the event a property is reserved, and the tax rate is changed by a state, county or local entity, after the initial reservation is made, Guest is responsible for paying the difference to cover the tax rate change. 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. DAMAGE WAIVER POLICY. DAMAGE WAIVER FEE: NON INSURED PRODUCT. A nonrefundable Damage Waiver Fee is required for all reservations. Agent requires a valid credit card number on file in addition to the Damage Waiver Fee. The Damage Waiver Fee is a nonrefundable fee that relieves Guest of the cost for unintentional and accidental damage to the Rental Property and its contents, not to exceed the amount of coverage of $3,000.
The Damage Waiver Fee does not cover intentional damage, theft, unauthorized entry into the owner`s closets and/or locked areas, unauthorized pets, extensive cleaning required at check-out, smoking, exceeding occupancy limits or parking limits, and any other charges/policies in Agents`s Rental Terms and Conditions including any fines imposed on Agent by the City, County, State or Home Owner Association as a result of the violation of any law, ordinance, rule or regulation, or any fines or costs levied against Guest or visitors of Guest (Excess Damage Costs). Guest will be notified of any Excess Damage Costs in writing. Any Excess Damage Costs will also be charged immediately to Guest`s credit card. Guest assumes full responsibility for any items found to be missing and any damage due to misuse, negligence or action on Guest’s or Guest’s visitor’s part, except in the case of normal wear-and-tear reported to Agent within 48 hours of Check-in.
The Damage Waiver Fee does not substitute for Guest’s responsibility to leave the Property in appropriate condition. The Damage Waiver Fee does not negate Guest’s responsibilities as a responsible renter, nor does it relieve Guest from responsibility for intentionally destructive acts of Guest or other members of Guest’s party while in occupancy. Guest must notify Agent of any damage or theft to the unit during Guest’s occupancy or prior to check-out. The Property will be carefully inspected after Guest’s departure and any damage, theft or other incidents which occur during Guest’s occupancy and which have not been disclosed to Agent prior to Guest’s leaving will remain Guest’s obligation.
The maximum aggregate amount of accidental damage that is covered by the Damage Waiver Fee is $3,000. Any damage in excess of this amount remains the responsibility of Guest. All waivers of theft or damage will be administered by Agent at The Property. Agent will have the sole authority to determine the nature and extent of damages, necessary repairs and eligibility for the waiver of liability described herein. THE COVERED GUEST MUST REPORT ANY THEFT OR DAMAGE TO THE PROPERTY OR IT’S CONTENTS PRIOR TO CHECKOUT OR ANY OTHERWISE APPLICABLE DAMAGE WAIVER WILL BE VOID.
TERM OF COVERAGE: The waiver takes effect upon check-in on the booked arrival date to the Property, together with receipt of payment of the waiver fee, at or before check-in. All coverage shall terminate upon normal check-out time of The Property or the departure of the Covered Guest, whichever occurs first.
DAMAGE WAIVER FEE CONDITIONS: The plan will not include liability for damage or theft resulting from: Intentional acts of a Covered Guest. Gross negligence or willful and wanton conduct. Theft of or damage to any personal property owned by, or brought onto the premises by Guest or Guest’s visitors. Theft without a valid police report. Damage resulting from motorized vehicles operated by Guest or Guest’s Visitor(s). Loss of use of the Property for any reason. Acts of God. Normal wear and tear.
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 in a pet friendly designated property. 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 $1000 penalty per pet and additional cleaning fees. A non-refundable pet fee and pet agreement shall be required for pet-friendly properties. Agent complies with all federal and state laws governing assistance animals. Please be advised that as of January 1, 2017, Colorado has made it a class 2 petty offense for a person to intentionally misrepresent entitlement to an animal as an assistance animal for the purpose of obtaining any of the rights or privileges set forth in state or federal law for an individual with a disability as a reasonable accommodation in housing when previously given a written or verbal warning regarding the fact that it is illegal to intentionally misrepresent entitlement to an assistance animal and the person knows that the animal is not an assistance animal with regard to that person or the person does not have a disability.
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. Same day requests will not be approved.
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. All hot tubs are maintained and treated weekly. The hot tub is cleaned and serviced prior to your arrival. If it becomes necessary to drain and clean the hot tub during your stay, due to not following the hot tub rules posted at the property, a fee of $100 will be charged for each occurrence.
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. INTERFERENCE. Neither Owner nor Agent shall be liable for events beyond their control which may interfere or disrupt 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. NO REBATES, CONCESSIONS OR REFUNDS will be offered.
14. 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 a nuisance to neighbors. Neither you, nor anyone in your party, shall: (A) rearrange furniture on the property; (B) cause excessive 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.
15. LOST, STOLEN, OR ABANDONED PROPERTY. You shall not hold owner or agent responsible for any lost, stolen, or abandoned property. You may be charged a $25 fee plus shipping for any items returned to you.
16. 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.
17. 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 and agent shall have no other liability to you.
18. 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: 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. If, as determined by agent, no such transfer to a comparable property is possible, agent shall return all monies previously tendered by you; and you agree that owner and agent shall have no other liability to you.
19. 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.
20. 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.
21. 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.
22.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.
23. 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.
24. 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.”