Latitude 38 Vacation Rentals, LLC Rental Agreement and Policies

Latitude 38 Vacation Rentals, LLC. (*Rental Agent)
Mailing Address: PO Box 749 | Telluride, Colorado 81435 – (USPS only) 
Physical Address: 230 South Pine, Suite 100 | Telluride, Colorado 81435 (FedEx | UPS | DHL only) 
Direct Phone: 970-728-8838 | 877-450-8838 – Mon – Fri 9 a.m. – 5 p.m. 
Weekends & Emergencies: 970-708-0930 | 970-708-9663 Sat & Sun 24/7/365
Fax: 970-728-8839
 
After reserving a property with Latitude 38 Vacation Rentals, LLC you will receive an email confirmation of the booking and then separately your Reservation Confirmation - Rental Agreement and Policies. You will need to read, initial each page, sign and return the contract within 10 days from the date the reservation is made along with your Initial Deposit.
 
SHORT TERM RENTAL AGREEMENT
 
THIS SHORT TERM RENTAL AGREEMENT (“Agreement”), executed/processed this __ day of _____________ 201_, by and between Latitude 38 Vacation Rentals, LLC ("Rental Agent") and _________________ ("Guest") for the short term rental of the real property located at: _______________________________________________, __________, Colorado (“Property”).  The Property contains ___ bedrooms and ___ bathrooms. Occupancy: _________   Reservation #:____________
 
1. TERM. The Property shall only be occupied as a short term vacation domicile for the term commencing on __________, 201_ at 4:00 PM (“Commencement Date”) and terminating on ________, 201_ at 10:00 AM ("Rental Period").   
 
1.1 Check-In/Check-Out Time.  
Check-in time is 4:00 PM.  Check-out time is 10:00 AM.  Early or late arrivals and departures may be arranged with the Rental Agent in advance.  Any unauthorized check-outs between 1:00 PM and 6:00 PM. will be charged a fee equal to 50% of one night’s rental fee which shall be charged to the Guest’s credit card.  Unauthorized check-outs after 6:00 PM will be deemed “hold-overs” and charged a fee equal to 150% of one night’s rental fee which will be charged to the Guest’s credit card.  Unauthorized early check-ins are deemed to be a trespass and may be subject to the cancellation of the reservation and forfeiture of all deposits paid hereunder and/or charged a fee equal to 200% of one night’s rental fee which will be charged to the Guest’s credit card. If you need to check in earlier than 4:00 PM or check out after 10:00 AM, you must receive prior approval from the Rental Agent.
 
2. RENTAL FEE. 2.1 Initial Deposit.  An initial deposit in an amount equal to 25% of the Rent and taxes, the 3% Processing fee and the Damage Insurance fee of $39 (“Initial Deposit”) shall be due at time of booking and execution of this Agreement.  If the Initial Deposit is not received within five (5) business days of the Processing date, this Agreement shall terminate at the sole option of Rental Agent. Subject to Section 3 below, the Initial Deposit shall be nonrefundable.
 
2.2 Final Deposit.  A final deposit in an amount equal to the remaining balance of the Total Fees ("Final Deposit") shall be due no later than (forty-five) 45 days before the Commencement Date (“Final Deposit Due Date”). THE FINAL DEPOSIT SHALL BE NONREFUNDABLE. If not previously notified by Guest, Rental Agent shall automatically process the final balance due. 
 
2.3 If this Agreement has not been cancelled by Guest in accordance with Section 3 below, and if the Final Deposit is not received by the Final Deposit Due Date, Rental Agent shall have the option of terminating this Agreement and retaining the non-refundable Initial Deposit. 
 
2.4 Unless otherwise pre-approved by Latitude 38, if the remaining balance is greater than $7,500.00 Guest shall make arrangements to process the remaining balance payment via bank wire, personal check, cashier’s check, or ACH/echeck.
 
2.5 If Guests requests Trip/Travel insurance, coverage must be purchased prior to the final payment being processed. 
 
 
3. CANCELLATION.  Guest may cancel this Agreement by sending written notice of cancellation to Rental Agent at the address set forth herein. 
 
3.1 If Guest cancels this Agreement more than forty-six (46) days before the Commencement Date, the entire Initial Deposit shall be refunded to Guest, less an amount equal to one night’s rent, taxes, the entire 3% Processing fee and the Damage Insurance fee.  
 
3.2 If Guest cancels this Agreement forty-five (45) days or less before the Commencement Date, GUEST SHALL NOT BE ENTITLED TO THE REFUND OF ANY PORTION OF ANY DEPOSITS PAID BY GUEST.  
 
4. DAMAGE INSURANCE/SECURITY DEPOSIT/LOST KEYS.
In lieu of a Security Deposit, Rental Agent requires each Guest to pay a $39 fee for Damage Insurance, unless prior alternative and equivalent arrangements are agreed upon by Rental Agent.  If the Guest does not participate in the Damage Insurance plan Damage Insurance, the Guest will be required to provide a Security Deposit in the amount of $1,000.00, which shall be due with the Initial Deposit and the execution of a Security Deposit Addendum
 
4.1 Damage Insurance Plan.  The Damage Insurance plan protects Guest from accidental damage to or a theft within the Property up to $3,000 (“Damage Insurance”).   The Damage Insurance covers unintentional damages to the Property interior that occur during the Guest’s occupancy of the Property, provided they are disclosed to the Rental Agent prior to check-out. The Damage Insurance may pay a maximum benefit of $3,000. Any damages that exceed $3,000 will be charged to the Guest’s credit card. If any damage to real or personal property of the Property occurs during the Guest’s occupancy as a result of inadvertent acts or omissions of the Guest or the Guest’s invitees, the Insurer may reimburse either the Rental Agent, or the owner of the Property for the cost of repair or replacement of such property up to a maximum benefit of $3,000. Any costs over and above $3,000 shall be the responsibility of the Guest.  Certain terms and conditions apply. 
 
4.2 The Damage Insurance must be purchased at the time the reservation is placed and is included in the Initial Deposit.  By submitting payment for the Damage Insurance, you authorize and request CSA Travel Protection and Insurance Services (“Insurer”) to pay directly to Rental Agent and/or the owner of the Property any amount payable under the terms and conditions of the Damage Insurance.  
 
4.3 Full details of the Damage Insurance coverage are contained in the Certificate of Insurance which can be viewed on the Rental Agent’s website at: http://www.latitude38vacationrentals.com/travel-insurance.htm 
 
4.4 Lost Keys/Parking Passes/Garage Door Openers.  Guest shall be responsible for a fee in the amount of $100 for each key, parking pass and/or garage door opener provided to the Guest for the Property that is not returned to the Rental Agent, plus the actual cost of replacement of the key, parking pass or garage door opener, which may include the costs of re-keying locks.  Your credit card will be charged for all replacement fees and costs.
 
4.5 The Primary, registered guest is responsible for any expenses incurred during the visit, including but not limited to loss and damages, accident or injury to person, or loss sustained while visiting the home. 
 
5. CLEANING FEE. The Property shall be in a clean and orderly condition for your occupancy as of the Commencement Date.   If you wish to have a mid-stay cleaning/cleanings of the Property, you must make those arrangements through the Rental Agent with at least 48 hours advance notice. Additional cleaning is charged at an hourly rate per housekeeper. You must leave the Property in a reasonably clean condition. 
 
5.1 If the Property is not left in a clean condition, normal wear and tear excepted, your credit card will be charged for an excess cleaning fee in an amount equal to the actual excess charges incurred by Rental Agent over and above the regular and customary Cleaning Fee to have the Property properly cleaned and restored to the condition it was in as of the Commencement Date as a result of your occupancy. 
 
6. MAINTENANCE AND DAMAGE.  Guest acknowledges that, unless the Rental Agent is notified immediately upon occupancy, the Property including the furniture, furnishings and appliances shall be deemed to be in good working order, condition and repair.  Guest shall keep the Property in a clean and sanitary condition, and shall immediately notify Rental Agent of any damage to the Property or its contents, or any inoperable equipment or appliances.  Guest shall surrender the Property, at termination, in as good condition as received, normal wear and tear expected.  Guest shall not commit any waste upon the Property or any nuisance or act which may disturb the quiet enjoyment of any neighboring occupants.  Guest hereby acknowledges and agrees that insurance policies of the Rental Agent and the Owner of the Property do not cover the Guest’s personal property. 
 
6.1 Damage from Ski Boots and/or Other Equipment.  Please be advised that ski boots and other recreational equipment can cause substantial damage to the interior of the Property.  Wearing ski boots, et al inside of the Property is strictly prohibited, except in entryways, ski rooms and mudrooms.  Any damage to the Property caused by ski boots or other improper footwear to carpeting, hardwood, tile, and stone floors shall be the repaired at the cost of the Guest.  Guests are also requested to refrain from wearing shoes inside the Property.  You are encouraged to bring slippers or other appropriate indoor footwear for use during your stay in the Property.
 
7. OCCUPANCY. The maximum occupancy of the Property is set by the Owner and Rental Agent and published online at www.latitude38vacationrentals.com as the total number of people (adults and children) allowed in the property.  If the Property is occupied by more than the published number of people, the Rental Agent shall have the option, in Rental Agent’s sole and absolute discretion, to declare Guest to be in breach of this Agreement and Rental Agent shall be entitled to require all persons occupying the Property to immediately leave the Property or be removed from Property and shall automatically forfeit the right to the return of any unused Rental Fees and/or shall be subject to a charge of $1,000.00 to the Guest’s credit card.
 
8. HOLDING OVER.  There will be no holding over or late departure without prior approval of the Rental Agent. Any unauthorized holding over by Guest will be subject to a charge of 150% of the daily rack rate for the Property as published on the Rental Agent’s website at www.latitude38vacationrentals.com, plus any additional damages incurred such as the cost of alternate housing for guests displaced by Guests holding over which shall be billed to the Guest’s credit card.
 
9. NO SMOKING. NO SMOKING IS ALLOWED INSIDE THE PROPERTY. Smoking inside of the Property is strictly prohibited at all times. The Guest shall be responsible for all damage caused by the smoking, including but not limited to, stains, burns, odor and removal of debris. Guest may be required to immediately leave the Property, or be removed, in which case the Guest forfeits all rights to the return of any unused Rental Fees.  Guests violating this policy will be charged a minimum cleaning fee of $500 which shall be billed to the Guest’s credit card.
 
10. NO PETS. PETS ARE NOT ALLOWED IN OR ON THE PROPERTY. If an unauthorized pet is in the Property, the Guest shall be responsible for all damage caused by pet. Guest and the Guest’s guests and invitees will be required to immediately leave the Property or be removed. If Guest is in breach of this no pet prohibition herein, Guest forfeits the right of the return of any unused Rental Fees. Guest violating this policy will also be charged a cleaning fee in the minimum amount of $500 and the Guest’s credit card shall be charged for all costs incurred by Rental Agent to repair any damage to the Property caused by the pet. 
 
11. ENTRY AND INSPECTION.  Rental Agent and Rental Agent’s employees, contractors and agents shall have the right to enter the Property at any time in case of emergency.  Rental Agent and Rental Agent’s employees, contractors and agents shall further have the right to enter the Property upon twenty-four (24) hour notice (or such shorter time period as may be agreed to by Guest), to make necessary or agreed repairs, decorations, alterations, improvement, supply necessary or agreed services, and/or inspect the condition of the Property. 
 
12. LAWS AND RULES AND REGULATIONS. Guest shall comply with all statutes, ordinances and requirements of all municipal, state and federal laws regarding the Property, including the use, possession, production or sale of illegal drugs. Guest further agrees to adhere to all rules and regulations set forth by the regulatory parties for the condominium complex or homeowners association in which the Property is located, including rules with respect to smoking, noise, odors, disposal of refuse, pets, parking and use of common areas.
 
13. PROPERTIES FOR SALE. If the Property is listed for sale, Rental Agent shall have the right to enter the premises and to allow prospective or actual buyers, lenders or Guests to enter the Premises upon twenty-four (24) hours prior notice to Guest.  A representative of Rental Agent or the Owner of the Property shall accompany prospective or actual buyers, lenders or Guests at all times. Guest should inquire with the Rental Agent regarding whether or not the Property is, or is not listed for sale.
 
14. HOT TUBS.  The use of hot tubs, sauna, spas and steam rooms within the Property is at the Guest’s own risk.  The Property is located at a high elevation and Guests are urged to exercise caution when using these types of amenities.   Proper precautions and acclimatization to altitude is recommended. 
 
15. CONSTRUCTION ACTIVITIES.  Telluride and Mountain Village are growing resort communities.  There are various construction projects that may be ongoing during your stay that Rental Agent has no control over.  Rental Agent shall use its best efforts to notify Guests of any construction projects in the vicinity of the Property that may impact the Property at the time of booking, however, Rental Agent makes no representations or warranties as to the future status of construction projects that may impact Guests during their occupancy of the Property. 
 
16. UNAVAILABILITY. If for any reason beyond the control of Rental Agent, the Property is unavailable, or becomes unavailable, Rental Agent may cancel this Agreement and refund in full to Guest all payments made hereunder by Guest. Rental Agent will make every effort to provide suitable equivalent lodging.
 
17. INDEMNIFICATION AND WAIVER.  Guest will indemnify, defend and hold harmless Owner of the Property and Rental Agent from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage or injury to Guest, Guest’s guests or licensees or their personal property arising out of the Guest or the Guest’s guests, invitees and licenses occupancy or use of the Property. Neither Rental Agent nor the Owner of the Property shall be liable for any damage or injury to Guest, or any other person, or to any property, occurring on the Property, unless such damage is the legal result of the negligence or willful misconduct of the Rental Agent or the Owner of the Property.  Guest agrees to hold Rental Agent and the Owner of the Property harmless from any claims for damages, except for injury or damage caused by the negligence or willful misconduct of Rental Agent or the Owner of the Property. Guest agrees to waive and release the Owner of the Property and Rental Agent (“Released Parties”) from any and all liability for costs, expenses or damages due to loss of property or for personal injuries or death (“Claims”) which may occur to Guest and/or Guest’s guests and licensees while on or about the Property, except for injury or damage caused by the negligence or willful misconduct of the Released Parties.  Guest hereby assumes the risk of a Claim while using the Property.  The waiver and release is intended to be a full and complete waiver and release of the Released Parties from any and all present or future Claims (known or unknown), except for injury or damage caused by the negligence or willful misconduct of the Released Parties.
 
18. INSURANCE.  Guest acknowledges that neither Rental Agent nor the Owner of the Property’s insurance covers any of Guest’s or Guest’s invitees' personal property, including vehicles, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause, except for injury or damage caused by the negligence or willful misconduct of the Rental Agent or the Owner of the Property.  Rental Agent and the Owner of the Property recommend that Guest carry or obtain insurance to protect Guest, Guest’s invitees and their personal property from any loss or damage. 
 
19. MEDIATION.  Guest agrees to mediate any dispute or claim arising out of this Agreement, or any resulting transaction, as a condition precendent to the institution of any arbitration or litigation under this Agreement. Mediation fees, if any, shall be divided equally among the parties involved. 
 
20. TIME.  Time is of the essence of this Agreement.
 
21. ATTORNEYS FEES.  In any action or proceeding involving a dispute between Rental Agent and Guest arising out of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees and any costs incurred in enforcing this Agreement.
 
22. NO WAIVER.  Failure of Rental Agent to enforce any provision of this Agreement shall not be deemed to be a waiver.  The acceptance of any fees or deposits by Rental Agent will not waive Rental Agent’s right to enforce any provision of this Agreement.
 
23. ENTIRE AGREEMENT. The foregoing, plus any attachments or addendums hereto, constitutes the entire agreement between the parties and may be modified only in writing signed by all parties.  This Agreement and any modification, including any photocopy or facsimile, may be signed in one or more counterparts, each of which will be deemed an original and all of which taken together will constitute one and the same instrument.  If there is more than one Guest, all Guests are jointly and severally liable under this Agreement.
 
24. NOTICES.  Unless otherwise provided, any notice which either party may give or is required to give, may be given personally or by mailing the same, postage prepaid to Rental Agent or Guest at the address shown in the signature block or at such other places as may be designated by the parties from time to time.  Notice will be deemed effective three (3) days after mailing, or on personal delivery, or when receipt is acknowledged in writing. 
 
25. CREDIT CARD AUTHORIZATION.  Guest hereby authorizes Rental Agent to charge all deposits, fees, costs and charges arising under this Agreement to the Guest’s credit card provided to Rental Agent. The reversal of any charges to Guest’s credit card arising under this Agreement shall constitute a breach of this Agreement by Guest.  In the case of any reversal of charge by Guest, this provision shall serve as express permission to Rental Agent to recharge the Guest’s credit card for payment or to collect such fees, costs and charges by any other legal means. 
 
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

 Guest’s Signature: By: ________________________

 Date______________

 Guest Name: ___________________________________

 Email: ___________________

Address: _______________________________________

Telephone:___________________

Rental Agent’s Signature:

By: _________________________
 
Date_______________
 
Rental Agent ___________________________________