Short Term Rental Agreement
This agreement (“Agreement”), is made on the date listed above in the “Contact Information Section” by and between the persons listed above in the “Contact Information” section hereinafter referred to as “RENTER”, having a mailing address as set forth above and Summitcove.com, LLC hereinafter referred to as the “MANAGER”; having a business as:
23110 US Hwy 6 Unit 6
FOR AND IN CONSIDERATION of the mutual covenants contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
1. PREMISES: Subject to the following terms and conditions, RENTER hereby engages and agrees with MANAGER and MANAGER hereby agrees to rent to RENTER for the Term (as herein defined) the exclusive use of: the condominium units (the “Condo”) but specifically excluding therefrom the closet which is locked and identified as “Private” (the “Excluded Closet”) ; together with other appurtenances thereto (herein, the “Premises”) and together with nonexclusive access to, and use of, the club house and common areas including, without limitation, parking areas and lockers.
2. TERM: The term of this Agreement shall be for the period listed above in the “Reservation Information” section. Commencing on the Arrival Date at “CHECK IN”, which shall be 4PM and; Expiring on the Departure Date “CHECK OUT”, which shall be 10AM. RENTER acknowledges that early CHECK IN times are allowed only when the Condo is cleaned and ready for occupancy or otherwise with MANAGERs prior approval. The key and confirmation will not be issued until Rental is fully paid or without a fully executed counterpart of this Agreement. RENTER acknowledges that MANAGERS prior approval is needed for late CHECK OUT. At CHECK OUT, Renter shall leave remote control and the keys, and ski locker keys inside the Condo. A replacement fee in the amount of $50.00 each will be charged for each lost remote control and $20.00 for each lost key or keycard. If RENTER vacates the property later than 10AM, RENTER will be charged $50 per 30 minute period after CHECK OUT time has passed.
3. RENTAL: The rental rate per night is agreed to be the “Rate Per Night” listed above in the “Reservation Information” section per night; such that the total rental amount for the Term (“Rental”) shall be “Rental Total for All nights” listed above in the “Reservation Information” section. All Rental payments shall be made by RENTER in full without any deductions whatsoever. Payment is due and payable in advance as follows: Full Payment shall be paid upon the full execution of this Agreement. If more than 60 days prior to Arrival Date, RENTER may elect to pay an initial payment of 50% of the total with 100% of the balance due within 60 days of Arrival Date. RENTER must contact SummitCove.com directly by telephone to exercise the initial payment option. If RENTER fails to exercise the initial payment option upon execution of this agreement, no partial refunds will be issued to RENTER. All Rental payments shall be made by credit card. NO CHECKS, MONEY ORDERS, CERTIFIED CHECKS, or any other payment form is accepted. Confirmations will not be issued to RENTER until at least 50% of the balance due is paid in full and successfully clears MANAGERs bank.
4. RENTERS ACKNOWLEDGEMENTS:
RENTER acknowledges and agrees as follows:
A. RENTER INFORMATION AND OCCUPANCY LIMITS:
1. RENTER is 25 years old or older and agrees to furnish a valid driver’s license or other form of identification to MANAGER upon check-in.
2. Occupants for the Term will include RENTER and other adult occupants and children (under 18 years old) listed in the “Reservation Information” section above; provided that all occupants shall be family members, friends or other responsible adults. Keys will only be issued to RENTER and other responsible adults. Occupancy of the premises may never exceed the defined sleeping capacity at ANY time.
B. STORAGE/BICYCLES AND SKIS: Skis and bicycles are not permitted inside Condo; provided that MANAGER agrees to provide access to an outside locker on the Premises; which uses the provided key; provided further that MANAGER shall have no liability or responsibility for RENTERs lost or stolen items.
C. EXCLUDED CLOSET: Use or access the Excluded Closet is unavailable to RENTER or other occupants and is expressly prohibited
D. NO SMOKING / OFFENSIVE ODORS: The Condo is in a no smoking building. Smoking tobacco or marijuana is prohibited in the Condo or on any of the patios or balconies outside. Offensive odors include but are not limited to the smell of marijuana in any form, odor of smoke from clothing, or overly powerful odors from food that take additional equipment to remove from the property. Failure to abide by these rules will result in A MINIMUM $250 EXTRA CHARGE. No warnings will be given for infractions of this rule.
E. PETS: If the Condo is not explicitly advertised as “Dog Friendly”, all animals are prohibited in the Condo at ALL TIMES. Failure to abide by these rules will result in A MINIMUM $250 EXTRA CHARGE. No warnings will be given for infractions of this rule. Guests bringing dog(s) to Dog-Friendly properties must register dog(s) in advance and abide by all SummitCove Pet Policy Rules. Failure to abide by these rules will result in partial or full loss of pet deposit and / or possibility of pet and / or guest eviction from property.
F. QUIET HOURS: The Condo is in a residential development. RENTER shall observe quiet hours from 10:00 p.m. to 7:00 a.m. Any complaints arising due to the disruption of peace during any hour from the RENTER or RENTERS occupants will result in A MINIMUM $250 EXTRA CHARGE. RENTER acknowledges that in most cases MANAGER does not control common areas or other properties in the same building or complex. Any disturbances from other properties or common areas is not the responsibility of MANAGER and MANAGER shall not be held liable for any such disturbances. No warnings will be given for infractions of this rule.
G. CLEANING: Upon vacating the Premises, RENTER agrees to return the Condo to MANAGER in broom clean condition, normal wear and tear excepted. In addition, RENTER agrees that the dishes will be put in dishwasher and dishwasher started on cleaning cycle; inside trash cans will be emptied into the outside dumpster; the heat turned down to 65 degrees (F), and all windows and doors locked. The Condo will otherwise be generally neat. Failure to return the Condo as aforesaid will result in additional charges to RENTER. In addition, RENTER will be charged for any items which are found to be missing during MANAGERs post departure inspection.
H. HOUSEKEEPING / SUPPLIES: The Condo is privately owned and managed. Daily housekeeping is NOT included with your stay unless you make prior arrangements. Mid-week cleans are available for an extra charge. Extra towels are supplied in every property and may be stored under cabinets and inside closets. Additional towels are available and can be delivered for an extra fee. Toilet Paper, tissue, coffee, coffee filters, dish soap, garbage bags, paper towels, and basic living supplies have been provided. Should you need additional products, it RENTERs responsibility to purchase them.
I. LOCKOUTS / EMERGENCIES: MANAGER can provide RENTER with a replacement key card if RENTER gets locked out of the Condo. Lost or unreturned key cards will incur a $20.00 charge per key card. In case of life threatening emergency, RENTER must call 911. MANAGER agrees to provide an after-hours emergency phone number for lockouts and property related emergencies only.
J. LOST ITEMS:It is RENTERs responsibility to collect all personal items prior to departure. MANAGER will not be held liable for any personal items left by RENTER. A minimum charge of $25 to retrieve any lost item will be charged to RENTER in addition to shipping and handling charges. Any items not found by MANAGER or not claimed or picked up by RENTER will be held for a maximum of 10 days then sent to donation.
5. CANCELLATION / CHANGES TO PROPERTY OR DATES OF RESERVATION: Neither MANAGER nor RENTER shall have the right to cancel this Agreement except as provided in this Section 5.
A.CANCELLATION BY MANAGER. MANAGER shall have the right to cancel the reservation provided under this Agreement (the “Reservation”) if RENTER fails or refuses to pay any portion of the Rental as and when required or RENTER is otherwise is in default of this Agreement and in such event, MANAGER, shall have the right to retain all amounts paid to MANAGER by RENTER. MANAGER shall also have the right to cancel the Reservation on not less than 60 days’ prior notice, or provide RENTER with a mutually acceptable alternative premises, in the event that the Premises reserved hereunder will no longer be under management by MANAGER as of the rental period reserved under this Agreement. In the event of such cancellation, MANAGER shall refund to RENTER 100% of all amounts paid to MANAGER by RENTER. MANAGER may also cancel a Reservation in the event of a system or human error or mistake concerning the availability of the Premises or the applicable Rental or Term; provided that, in the event of such termination, MANAGER shall refund to RENTER 100% of all amounts paid to MANAGER by RENTER.
B. CANCELLATION BY RENTER. Except as provided herein, MANAGER shall not be obligated to accept a cancellation by RENTER; provided that if RENTER elects to cancel and so notifies MANAGER at least Sixty (60) days prior to the Arrival Date, MANAGER agrees to refund 100% of the total rental amount due by RENTER minus a 6.5% booking fee based on the per diem rental total. If RENTER elects to cancel and so notifies MANAGER less than sixty (60) days prior to the Arrival Date, MANAGER is not obligated to refund any amounts paid to MANAGER by RENTER.
If RENTER rented the premises directly from SummitCove Lodging and not through a 3rd party including but not limited to HomeAway, VRBO, AirBnB, Hotels.com, Booking.com, etc. the following conditions apply: If RENTER elects to cancel and so notifies MANAGER at least thirty (30) days but not more than fifty nine (59) days prior to the Arrival Date, MANAGER agrees to refund 50% of total rental amount due by RENTER. If RENTER elects to cancel and so notifies MANAGER less than twenty nine (29) days but not more than fourteen (14) days prior to the Arrival Date, MANAGER agrees to refund 25% of total rental amount due by RENTER. If RENTER elects to cancel and so notifies MANAGER less than fourteen (14) days prior to the Arrival Date, MANAGER is not obligated to refund any amounts paid to MANAGER by RENTER.
RENTER understands and agrees that the provisions of this Section 5 (CANCELLATION) shall apply regardless of the reason for cancellation and RENTER will be liable for all amounts due under this Agreement even if RENTER is unable to use the Premises or travel to or from the Premises due to sickness, injury, weather or any other reason; including but not limited to force majeure or Acts of God. RENTER acknowledges that travel insurance is available for purchase through MANAGER, and must specifically request and accept the travel insurance if booking online or by phone. If booked through the owner of the property, RENTER must call MANAGER and specifically request to purchase travel insurance. In case of cancellation, the cost of Trip Insurance is not refundable.
C. CHANGING TO DIFFERENT PROPERTY BY RENTER. Except as provided herein, MANAGER shall not be obligated to accept a request to change the rental property desired by RENTER; provided that if RENTER elects to change to a different property and so notifies MANAGER no more than 72 hours after the reservation was created, MANAGER agrees to waive all penalties and fees for doing so. After 72 hours from the date of the creation of the reservation, RENTER agrees to a $50 change of property fee when downgrading on a two bedroom or smaller. No downgrades on 3 bedroom properties or larger. No downgrades within 14 days of arrival. Any discounts given will be removed to any reservations where the property is changed and full retail price will be charged.
D. CHANGING TO DIFFERENT PROPERTY BY MANAGER. Except as provided herein, MANAGER may move RENTER to a different premises anytime, including under the 60-day notice period, due to courtesy upgrades to higher quality properties, or due to circumstances beyond MANAGERS control including but not limited to, loss of any utility or service, freezing, flooding, fire, sale of premises, shutdown of building by HOA, or exterior building construction. If property is for sale, MANAGER is not obligated to inform RENTER at time of reservation. MANAGER shall provide RENTER with an alternative premises of no more than equivalent rental value, in the event that the Premises reserved hereunder is no longer managed by or is inhabitable as of the rental period reserved under this Agreement. MANAGER is not obligated to reimburse RENTER for more than amounts paid to MANAGER by RENTER. If alternative premises is not agreeable by both MANAGER and RENTER, MANAGER shall terminate this Agreement and refund to RENTER 100% of all amounts paid to MANAGER by RENTER.
E. Except as provided herein, MANAGER shall not be obligated to accept a request to change the dates of a reservation by RENTER; provided that if RENTER elects to change the dates of the reservation and so notifies MANAGER no more than 72 hours after the reservation was created, MANAGER agrees to waive all penalties and fees for doing so. After 72 hours from the date of the creation of the reservation, RENTER may only change dates if the same property is available. A penalty of 25% of the total rental amount due by RENTER is assessed if under 29 days to arrival between November 1st and April 15th. Any discounts given will be removed to any reservations where the dates are changed and full retail price will be charged. No refunds if dates changed to a lower rate-season.
6. MANAGERS SERVICES:
A. FURNISHED UNIT: MANAGER agrees that the Condo shall be set up as a furnished residential unit that will include customary kitchen, bedroom(s), den and bathroom furnishings, personal property and appliances including linens, blankets, pillows, towels, dishes, glasses and utensils, TV, VCR, DVD player, washer and dryer (not in all units) and outdoor furniture. MANAGER makes no representations as to the condition of the furnishings, personal property or appliances. Upon RENTERs departure, MANAGER (or its representative) shall have the right to inspect the Condo. RENTER shall be responsible for reasonable replacement cost of any items which are missing at departure.
B. UTILITIES: The following utilities will be provided: gas, electric, cable, sewer and water service. Telephone local service is not available and you must use your cellular phone. Notwithstanding the foregoing, MANAGER shall not be responsible for any inconvenience, loss or damages arising from any temporary defects or stoppage in supply of water, gas, electricity, Internet, cable, sewer or plumbing or as caused by weather conditions, lack of snow, natural disasters, acts of God, or other reasons beyond MANAGERs reasonable control. Nor will MANAGER be responsible for, or accept liability for, any loss or damage to RENTERs personal property. MANAGER shall not be responsible for the acts or omissions of any third party that may interfere with RENTERs use and enjoyment of the Premises.
C. CONSTRUCTION: In the event that RENTER’s reservation for the Unit is under construction, whether new construction, remodel or repair, at the time of Your scheduled occupancy, MANAGER reserves the right to relocate RENTER to a unit within the MANAGER’s rental program. Commercially reasonable efforts will be made to ensure that the replacement unit is reasonably comparable. MANAGER shall have the sole right to select such replacement unit. In that event, RENTER will have the option to: (1) accept the replacement unit and pay any additional monies that are owed, as the case may be or (2) reject the replacement unit and
receive a refund of all payments paid for the unit. RENTER hereby agrees that RENTER’s choice between these alternatives will be RENTER’s sole remedy for any and all damages, liability or inconvenience arising out of the construction as defined herein.
7. USE: RENTER and its guests shall have the right to use the Premises for any lawful residential use consistent with the rules and restrictions contained or incorporated herein or as otherwise osted; provided that the following uses shall be expressly prohibited (collectively, “Prohibited Uses”): (1)Occupancy by more than the defined premises sleeping capacity; (2) Any illegal activity including, but not limited to, the possession, serving or consumption of alcoholic beverages by or to persons less than 21 years of age; (3) Any activity or use which is illegal or otherwise inconsistent with, or in violation of, any applicable law, ordinance, regulation or rule applicable to the Premises, RENTER, any of other occupants, guests, invitees, licensees or otherwise, including, without limitation, serving or consumption of alcoholic beverages by or to persons less than 21 years of age; (4) any activities or use inconsistent with the Condo covenants; a copy of which is posted in the Condo or (5) Any other activities or acts inconsistent with the terms hereof. If the Premises is used by RENTER or its guests for any Prohibited Use, RENTER and its guests will be required immediately to vacate the Premises and will forfeit the Rental and Security Deposit. In addition, RENTER shall hold MANAGER harmless from any loss, damages or liability arising out of or resulting from any Prohibited Use.
8. CLUBHOUSE / POOL AREAS: During the Term, RENTER shall have nonexclusive access to the clubhouse, subject to the following restrictions: (1) No glass or alcoholic beverages are allowed at the clubhouse and (2) RENTER and its guests must observe and adhere to all rules and policies as posted at the Clubhouse. RENTER further acknowledges that the hot tub and surrounding patio/deck can be dangerous and can be slippery when wet, and injury is likely to occur to anyone who is not careful or does not adhere to the posted rules. With full knowledge of the foregoing restrictions and warnings, RENTER accepts and assumes all risks involved in or related to the use of the hot tub and patio areas at the Clubhouse and releases MANAGER from any and liability or loss that may result in connection with the use of the Hot Tub. RENTER further acknowledges that the clubhouse access is provided only as a convenience and MANAGER makes no representation or warranty as to the availability or quality of the hot tub or any other amenities.
9. DAMAGE TO PROPERTY: A non-refundable Damage fee of $29.50 will be charged to your credit card. This fee covers up to $500 in damage to the Premises. If damage exceeds $500 in total repair costs, including parts and labor, the RENTER hereby authorizes MANAGER to charge RENTER’s credit card for all amounts due under this Agreement, including the costs for repair of any damages as described below. Damages will include, but not be limited to, any repair, replacement, damage beyond normal wear and tear, moving of furniture within the Premises, or cleaning of the Premises rendered necessary or desirable by reason of the negligence, carelessness, accident or abuse by RENTER or any invitee, licensee or guests of RENTER. The Premises will be inspected after RENTER’s departure. In the event that it is found that RENTER has damaged the Premises or any property in or about the Premises, MANAGER may charge and collect from RENTER a reasonable estimated repair cost. Within 30 days of charging RENTER, MANAGER agrees to settle with RENTER the difference between the estimated repair cost and the actual repair cost. MANAGER agrees to supply written documentation and a full accounting to RENTER for said damages within 30 days of the departure date. Without limiting the foregoing, If RENTER defaults under any term, condition or provision of this Agreement, including, but not limited to, failing to vacate the Premises no later than the Departure Date, then MANAGER shall have the right to exercise all remedies at law or in equity, including entering upon and taking possession of the Premises, removing all persons and property therefrom and charging RENTER for all expenses accrued in connection therewith. Such repossession shall not release RENTER from any liability for any amounts due hereunder. MANAGER shall have the right to access to the Premises for inspection, repairs and maintenance at any time. RENTER agrees to pay for any and all damages to property and authorizes MANAGER to charge credit card by logging Internet IP address and date time information alone in this agreement.
10. INDEMNIFICATION/LIABILITY LIMITATION:
A. INDEMNIFICATION. RENTER releases MANAGER and the Condo Owner, and their respective employees, agents, successors and assigns, from any and all liability for, and agrees to indemnify, defend and hold MANAGER and the Condo Owner harmless from and against any and all claims, losses, liabilities and demands (including reasonable attorneys’ fees) arising out of, in connection with or resulting from: (a) RENTER’s failure to fulfill any condition of this Agreement (including specifically but without limitation RENTER’s obligation to vacate the Premises on or prior to the Departure Date; (b) any damage or injury happening in or about the Premises to RENTER or RENTER’s guests, invitees or licensees or such persons’ property, (except where such damage or injury is directly caused by gross negligence or willful misconduct of MANAGER); (c) RENTER’s failure to comply with any requirements imposed by any governmental authority; (d) any Prohibited Use by RENTER or RENTER’s guests, licensees or invitees; and (e) any judgment, lien or other encumbrance filed against the Premises as a result of RENTER’s action. In addition, RENTER shall reimburse MANAGER for all of MANAGER’s costs of collection hereunder including, but not limited to, reasonable attorneys’ fees.
B. LIABILITY LIMITATION. RENTER understands and agrees that MANAGER’s maximum aggregate liability to RENTER and RENTER’s guests, invitees or licensees in connection with any and all claims, losses, liabilities or demands arising out of or in connection with this Agreement or the Premises shall be limited, in the aggregate, to the total fees paid by RENTER to MANAGER under this Agreement. MANAGER shall have no liability for and RENTER hereby waives any and all claims for special, incidental, punitive or consequential damages
against MANAGER or the Condo Owner and their respective employees, agents, successors or assigns arising out of or in connection with this Agreement or the Premises.
11. TIME OF ESSENCE: Time is of the essence of this Agreement. All references to any notice required to be given or due dates for rental payments shall be strictly construed.
12. COUNTERPARTS/EFFECTIVENESS: This Agreement is not binding on MANAGER or otherwise effective until it has been executed by RENTER by clicking on the checkbox stating “I agree to the Terms of the Rental Agreement:” and the “Continue” button has clicked. Once clicked, your execution of this agreement will be recorded and stored electronically. Upon Check-in, and receiving keys for the property, Guest will automatically be bound by the terms and conditions of this rental agreement regardless of online agreement. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same instrument, and any of the parties or signatories hereto may execute this Agreement by signing any such counterpart. A photocopy or other facsimile of this Agreement and all signatures hereon (including electronic signatures of RENTER), shall be deemed to be originals for all purposes. Printed Digital Signatures are binding.
13. GOVERNING LAW: This Agreement will be governed by and construed in accordance with Colorado law. For all claims and disputes arising under or in connection with this Agreement, RENTER hereby consents to exclusive jurisdiction and venue in the State and federal courts in Colorado.