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We’ll take care of everything; sit back and relax. It’s your vacation, but we're here to make it better.
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Welcome to www.latitude38vacationrentals.com. The www.latitude38vacationrentals.com website (the “Site”) is comprised of various web pages operated by Latitude 38 Vacation Rentals (“Latitude 38”). www.latitude38vacationrentals.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.latitude38vacationrentals.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.latitude38vacationrentals.com is an E-Commerce Site.
The website permits potential guests to book online reservations of properties managed by Latitude 38 Vacation Rentals in Telluride. It also acts as a source of local knowledge about what’s happening around town, and provides a plethora of information about how to have a memorable Telluride vacation.
Visiting www.latitude38vacationrentals.com or sending emails to Latitude 38 constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Latitude 38 is not responsible for third party access to your account that results from theft or misappropriation of your account. Latitude 38 and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Latitude 38 does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.latitude38vacationrentals.com only with permission of a parent or guardian.
You may cancel your reservation at any time up to 60 days prior to your arrival. When you cancel, you will receive a refund minus the cancellation fee, which is typically $100 per bedroom for the unit under contract. Within 60 days of your arrival, we do not accept cancellations and do not provide refunds.
www.latitude38vacationrentals.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Latitude 38 and Latitude 38 is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Latitude 38 is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Latitude 38 of the site or any association with its operators.
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You are granted a non-exclusive, non-transferable, revocable license to access and use www.latitude38vacationrentals.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Latitude 38 that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Latitude 38 or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Latitude 38 content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Latitude 38 and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Latitude 38 or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Latitude 38 from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Latitude 38 Content accessed through www.latitude38vacationrentals.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Latitude 38, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Latitude 38 reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Latitude 38 in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LATITUDE 38 VACATION RENTALS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
LATITUDE 38 VACATION RENTALS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LATITUDE 38 VACATION RENTALS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LATITUDE 38 VACATION RENTALS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LATITUDE 38 VACATION RENTALS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Latitude 38 reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Latitude 38 as a result of this agreement or use of the Site. Latitude 38’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Latitude 38’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Latitude 38 with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Latitude 38 with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Latitude 38 with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Latitude 38 reserves the right, in its sole discretion, to change the Terms under which www.latitude38vacationrentals.com is offered. The most current version of the Terms will supersede all previous versions. Latitude 38 encourages you to periodically review the Terms to stay informed of our updates.
Latitude 38 welcomes your questions or comments regarding the Terms:
Latitude 38 Vacation Rentals
230 S Pine Street
Telluride, Colorado 81435
Email Address: info@latitude38vacationrentals.com
Telephone number: 970-728-8838
Effective as of July 06, 2020
THIS SHORT TERM OCCUPANCY AGREEMENT (this “Agreement”), executed/processed this (the “Effective Date”), by and between Latitude 38 Vacation Rentals, LLC (“Agent”) and (“Guest”) for the short term occupancy of the real property described above (“Property”);
1.TERM. The Property shall only be occupied as a short term vacation domicile for the term commencing on {{ArrivalDate}} at 4:00 PM (“Commencement Date”) and terminating on at 10:00 AM (“Occupancy Period”)
1.1 Check-In/Check-Out Time. Check-in time is 4:00 PM at the Property. Check-out time is 10:00 AM. Early or late arrivals and departures must be arranged with and approved in writing by the Agent in advance. Unless pre-approved by Agent, any check-outs between 1:00 PM and 6:00 PM will be charged a fee equal to 50% of one night’s occupancy fee which shall be charged to the Guest’s credit card. Check-outs after 6:00 PM will be deemed “hold-overs” and charged a fee equal to 150% of one night’s occupancy fee which will be charged to the Guest’s credit card. Unless pre-approved by Agent, early check-ins are deemed to be a trespass and may be subject to the cancelation of the reservation and forfeiture of all deposits paid hereunder and/or charged a fee equal to 200% of one night’s occupancy fee which will be charged to the Guest’s credit card.
2. FEES. The total fees for the occupancy of the Property, including occupancy fee, taxes, resort fee, cleaning fees (if any) and Damage Insurance for the Occupancy Period is (“Total Fees”) as follows: Occupancy Fee; Cleaning Fee ; Vacation Rental Damage Protection Plan $79.00; Taxes and if applicable, Resort Fee .
2.1 Initial Deposit. An initial deposit in an amount equal to 25% of the Occupancy Fee, plus applicable Taxes, Processing fee and the Damage Protection Fee of $79 (“Initial Deposit”) in the total amount of shall be due at time of booking and execution of this Agreement. Guest shall also provide Agent with a valid credit card number and information, from which the Initial Deposit may or may not be charged at Guest’s option, but which shall be used to hold the Property and which may be charged for any other fees incurred hereunder, including, without limitation, the Final Deposit. If the Initial Deposit or the credit card information is not received within 7 days of the Effective Date, the Agent may in its sole option terminate this Agreement, and subject to Section 3 below, the Initial Deposit shall be nonrefundable. If the Agent elects to terminate this Agreement pursuant to its right under this Section, it shall provide written notice to the Guest.
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 60 days prior to the Commencement Date (“Final Deposit Due Date”). THE FINAL DEPOSIT IS NONREFUNDABLE. If the Guest has not terminated this Agreement pursuant to Section 3 below prior to the Final Deposit Due Date, the Agent shall process the Final Deposit, and may terminate this Agreement. Guest hereby authorizes Agent to charge the Guest’s credit card for the Final Deposit if not paid by the Final Deposit Due Date. If the Effective Date is less than 60 days from the Commencement Date, the Final Deposit shall be due with the Initial Deposit. THE FINAL DEPOSIT DUE DATE IS . Agent reserves the right to terminate this Agreement and retain all deposits in the event that the Agent has not received the Final Deposit by the Final Deposit Due Date.
2.3 Amenity Charges. In addition to the Total Fees, Guest shall be charged for the removal of any personal amenity (lotion, shampoo, conditioner, etc.) containers at the rate of $10.00 per container. Guest shall also be charged for any linens removed and/or destroyed from the Property at the following rates: Sheets: $25.00, Bath towel $20.00, Hand towel $10.00, Washcloth $5.00, robe $ 50.00, pillow $15.00.
2.4 Concierge Services. In addition to the Total Fees, general concierge services (i.e. shopping, etc.), if requested by Guest, or if such services are necessitated by Guest’s actions, will be charged to the Guest’s credit card on file at a rate of $35.00 per hour, plus any related costs.
2.5 Travel Insurance. If Guests requests Trip/Travel insurance, coverage must be purchased from Agent prior to the Final Deposit Due Date. Guest is strongly advised to obtain Trip/Travel Insurance.
GUEST IS ADVISED TO CLOSELY READ THE FOLLOWING CANCELLATION PROVISIONS WHICH WILL BE STRICTLY ADHERED TO BY AGENT
3.1 Liquidated Damages. Guest further acknowledges that Guest’s termination of this Agreement will cause the Agent to incur substantial economic damages and losses of types and in amounts which are difficult to compute and ascertain with certainty as a basis for recovery by the Agent of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such delay, the Guest agrees that liquidated damages may be assessed and recovered by the Agent as against Guest, in the event of termination of this Agreement, and without the Agent being required to present any evidence of the amount or character of actual damages sustained by reason thereof. Therefore the Guest may be liable to the Agent for payment of liquidated damages in the amounts described in Section 3.2 and 3.3 below. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and Guest shall pay them to Agent without limiting Agent’s right to terminate this agreement for default as provided elsewhere herein.
3.2 Termination Prior to Final Deposit Due Date. If Guest cancels this Agreement more than 61 days before the Commencement Date, the entire Initial Deposit shall be refunded to Guest, less an amount equal to $100 per bedroom in the Property.
3.3 Termination After Final Deposit Due Date. If Guest cancels this Agreement after the Final Deposit Due Date, GUEST SHALL NOT BE ENTITLED TO THE REFUND OF ANY PORTION OF ANY DEPOSITS PAID BY GUEST AND GUEST SHALL BE LIABLE FOR THE ENTIRE FINAL DEPOSIT WHETHER IT HAS BEEN RECEIVED BY AGENT OR NOT, IN WHICH EVENT THE AGENT SHALL BE AUTHORIZED TO CHARGE THE GUEST’S CREDIT CARD FOR THE ENTIRE FINAL DEPOSIT.
4.1 VRDP Plan. The VRDP plan covers up to $1,500.00 in certain damages to the interior of the Property and/or its contents that occurs during Guest’s stay, provided that such damage is reported to Agent prior to the Guest’s departure date. Damages not covered by the VRDP plan or that are in excess of $1,500.00 covered by the VRDP Plan are the sole liability and obligation of Guest. Guest acknowledges that in connection with the collection of such damages from Guest, Agent, the owner of the Property, and/or the owner’s property insurer may charge the Guest’s credit card or pursue other remedies against Guest. In the event of such Property Damage, the VRDP plan will cover the lesser of the cost of the repair or the replacement cost of the property, up to a maximum of $1,500.00. It is the Guest’s responsibility to promptly report any damage that is caused to the Property. The Plan does NOT cover damages arising from, or related to 1) damages deemed by Agent in its sole discretion to be intentional, 2) theft, 3) damages in connection with violations of this Agreement, or 4) damages caused by gross negligence of the Guest or Guest’s invitees as determined by Agent in its sole discretion. The VRDP does not cover damages to any of the Guest’s personal effects, bodily harm, nor Guest related travel cost. The VRDP plan becomes effective upon check-in and terminates at departure or 10:00 A.M. on the last day of the reservation period, whichever occurs first. Any cost(s) related to damage, loss, etc., that Agent deems not covered by the VRDP plan shall remain the sole responsibility of the Guest.
4.2 Lost Keys/Parking Passes/Garage Door Openers. Guest shall be responsible for a fee in the amount equal to the cost of a replacement key, parking pass and/or garage door opener, plus 25%, for such items related to the Property that are not returned to the Agent. Guest’s credit card may be charged for all such replacement fees and costs.
5.1 Mid-Stay Cleanings. If Guest wishes to schedule a mid-stay cleaning/cleanings of the Property, Guest must make those arrangements through the Agent with at least 48 hours advance notice. Additional cleaning is charged at an hourly rate determined by the housekeeper, but is currently $35.00 per hour, per housekeeper. If Guest’s occupancy is longer than 21 days, Guest must pay for an additional full cleaning of the Property, in addition to the cleaning fee included in the Total Fees, at the rate of $35.00 per hour.
5.2 Excess Cleaning. Guest shall leave the Property in a reasonably clean condition. If the Property is not left in a clean condition, normal wear and tear excepted, Guest’s credit card will be charged for an excess cleaning fee in an amount equal to the actual excess charges incurred by Agent over and above the regular and customary cleaning fee that is part of the Total Fees, to have the Property properly cleaned and restored to the condition it was in as of the Commencement Date.
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 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 by Agent at the cost of the Guest. Guests should refrain from wearing shoes inside the Property. Guests should bring slippers or other appropriate indoor footwear for use during your stay in the Property.
7.1 The maximum overnight occupancy of the Property is set by the Agent and published online at www.latitude38vacationrentals.com as the total number of people (adults and children) allowed in the property. Guest shall not allow more than the maximum overnight occupancy of the Property.
7.2 The primary Guest (the individual signing this Agreement), must be at least 25 years old. Persons under the age of 25 may not occupy the Property without the presence of at least one Guest who is at least 25 years old.
7.3 Guests may request blow-up mattresses for additional sleeping spaces by complying with the following requirements: (a) Guests must submit a written request to Agent for such blow-up mattresses no later than seven days prior to the Commencement Date; and (b) Guests must pay an additional charge of $100 per bed.
7.4 Guests may request twin beds to be converted into a king bed by complying with the following requirements: (a) Guests must submit a written request to Agent for such conversion not later than two days before the Commencement Date, and (b) Guests must pay an additional charge of $50 per bed.
A $50.00 per night refund will be issued for every 24 hours the hot tub is not working, that is not the direct consequence of Guest(s) or their invitee’s misuse and/or if there is an unexpected hot tub maintenance problem during Guest’s stay that is not caused by a Guest(s) or their invitee(s).
(USPS Only)
P.O. Box 749
Telluride, Colorado 81435
(UPS, FedEx, DHL Only)
230 South Pine Street
Suite 100
Telluride, Colorado 81435
We’ll take care of everything; sit back and relax. It’s your vacation, but we're here to make it better.
At Latitude 38, we make vacations better... it's just what we do. So, let us know how we can help.
Fuel your adventures by coming home to a kitchen stocked with food, wine, beer and liquor. All requests must be submitted at least 48 hours prior to delivery.
Sit back, relax, enjoy your company and local, fresh and delicious cuisine.
Stash your skis at the Latitude 38 Clubhouse.
Red Sky travel insurance can protect your investment from unforeseen circumstances. Just purchase before your balance due date.
Tell us how many days you would like to ski and how many people are in your group. We'll deliver them to your rental.
Getting here is easy. Tell us when and where you'll be arriving and how many people are in your group. We'll make all the arrangements.
What do you look for when trying new restaurants? We can help pair your tastes with reservations at the best tables in town.