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Terms + Conditions

Agreement between User and www.latitude38vacationrentals.com

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.

Electronic Communications

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.

Your Account

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.

Children Under Thirteen

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.

Cancellation/Refund Policy

You may cancel your reservation at any time up to 60 days prior to your arrival. Within 60 days of your arrival, if you cancel, you will receive a refund minus the cancellation fee, which is typically $100 per bedroom for the unit under contract.

Links to Third Party Sites/Third Party Services

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.

Certain services made available via www.latitude38vacationrentals.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.latitude38vacationrentals.com domain, you hereby acknowledge and consent that Latitude 38 may share such information and data with any third party with whom Latitude 38 has a contractual relationship to provide the requested product, service or functionality on behalf of www.latitude38vacationrentals.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

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.

International Users

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.

Indemnification

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.

Arbitration

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.

Liability Disclaimer

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.

Termination/Access Restriction

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.

Changes to Terms

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.

Contact Us

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

 


 Short Term Occupancy Agreement

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.

2.3Amenity 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.

2.4Concierge 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.

3. CANCELLATION. Guest may cancel this Agreement by sending written notice of cancellation to Agent at the address set forth herein. Guest acknowledges that by entering into this Agreement, the Agent and the owner of the Property have stopped marketing and advertising the Property for occupancy for the Occupancy Period that is the subject of this Agreement.

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.DAMAGE/INSURANCE/LOST KEYS/LOST ITEMS. In lieu of a Security Deposit, Agent requires each Guest to pay a $79.00 fee for participation in Agent’s Vacation Rental Damage Protection (“VRDP”) plan.

 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. CLEANING.

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. MAINTENANCE AND DAMAGE. Guest acknowledges that, unless the 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 Agent of any damage to the Property or its contents, or any inoperable equipment or appliances. Guest shall not move, alter, or remove any furniture, fixtures, equipment or audio/visual systems from the Property. Guest shall surrender the Property, at termination, in as good condition as received, ordinary wear and tear excepted. 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 Agent and the owner of the Property do not cover the Guest’s personal property. Any and all damage to the Property will be paid for either through the VRDP Plan (up to a maximum amount $1,500 and only to the extent such damage is covered by the VRDP Plan) and by Guest personally.

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. OCCUPANCY.

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 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 not later than seven days prior to the Commencement Date; and (b) Guests must pay an additional charge of $100 per bed.

7.3 Guests may request twin beds to be converted into a King bed by complying with the following requirements: Guests must submit a written request to Agent for such blow-up mattresses not later than two days prior to the Commencement Date; and (b) Guests must pay an additional charge of $50per bed.

8. HOLDING OVER. There will be no holding over or late departure without prior approval of the Agent. Any unauthorized holding over by Guest will be subject to a charge of 150% of the daily occupancy rate for the Property as published on the 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 of any kind 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. In addition to Agent’s other remedies upon a violation of this provision, Guests will be charged a minimum cleaning fee of $500 that will be billed to the Guest’s credit card.

10. NO PETS. Pets are not allowed in or on the Property, unless Guest and Manager expressly enter into a separate Pet Amendment. If an unauthorized pet is in the Property, the Guest shall be responsible for all damage caused by pet. In addition to Agent’s other remedies upon a violation of this provision, 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 Agent to repair any damage to the Property caused by the pet.

11. ENTRY AND INSPECTION. Agent and Agent’s employees, contractors and agents shall have the right to enter the Property at any time in case of emergency. Agent and Agent’s employees, contractors and agents shall further have the right to enter the Property upon 24-hour notice go Guest (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, or to show the Property to potential purchasers.

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. Guest acknowledges that it has received a copy of such rules from Agent.

13. PROPERTIES FOR SALE. If the Property is listed for sale, 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 Agent or the owner of the Property may accompany prospective or actual buyers, lenders or Guests. Guest should inquire with the Agent regarding whether or not the Property is, or is not listed for sale.

14. HOT TUBS. The use of hot tubs, saunas, spas or 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. Guest understands this, and acknowledges, on behalf of himself or herself and all other Guests and visitors, that he, she and they are all fully aware that the hot tub, the chemicals used to sanitize it, and the surrounding patio/deck may be dangerous. If Guest causes a circumstance that requires additional service (e.g. splashing excess water out of the tub, creating filth, leaving the cover open, exceeding the limitations of how many individuals are permitted in the spa at one time), the following charges at a minimum, will be charged to Guest:

• $40 for a service call to add water or rebalance chemicals.
• $75 if the tub is so dirty that it requires a drain and fill to restore to usable condition.

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).

15. CONSTRUCTION ACTIVITIES. Telluride and Mountain Village are growing resort communities. There are various construction projects that may be ongoing during your stay that Agent has no control over. 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, 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, the Property is unavailable, or becomes unavailable during the dates contracted for occupancy, Agent may either (i) cancel this Agreement, refunding to Guest all payments made hereunder by Guest, or (ii) undertake commercially reasonable efforts to work with Guest to locate and reserve suitable equivalent lodging (of equal or greater occupancy value) that is managed by Agent.

17. LIMITATION OF LIABILITY. In no event shall Agent be liable to Guests for incidental or consequential damages incurred by Guest as a result of the unavailability of the Property. In all circumstances, Agent’s maximum liability to Guest shall be limited to the amount of the Total Fees paid by Guest under this Agreement.

18. EVENTS OF DEFAULT. In the event that Guest fails to abide by its obligations or breaches any of the representations made herein, in addition to any other remedies set forth in this Agreement, Agent shall have the option, in its absolute discretion, to declare Guest to be in breach of this Agreement. In such event, Agent shall be entitled to require all persons occupying the Property to immediately leave the Property or be removed from Property. Defaulting Guests shall automatically forfeit the right to a return of any unused Total Fees and shall be subject to a default charge of up to $1,000.00.

19. INDEMNIFICATION, WAIVER, AND RELEASE. Guest shall indemnify, defend and hold harmless the owner of the Property and Agent (the “Released Parties”) from any and all liability for costs, expenses, claims, disputes, litigation, judgments, and attorney fees resulting from loss, damage, or injury the Property, 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. If there is more than one Guest, all Guests are jointly and severally liable under this Agreement. Any personal injury or illnesses of any nature, severity or kind, occurring to Guest/Guests/or Guest’s invitees while staying at the Property, are not the responsibility of Agent. It is expressly understood and agreed that Agent has no liability, responsibility or accountability for any physical or psychological injury that may occur as a result of this Agreement. This 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.

20. INSURANCE. Guest acknowledges that the Released Parties’ insurance does not cover 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. Guest is recommended to carry or obtain insurance to protect Guest, Guest’s invitees, and their personal property from any loss or damage.

21. CHOICE OF LAW. The construction, validity and interpretation of this Agreement shall be governed by the internal law of the State of Colorado without reference to any conflict of law principles.

22. MEDIATION. If Agent desires, Guest agrees to mediate any dispute or claim arising out of this Agreement, or any resulting transaction. Mediation fees, if any, shall be divided equally among the parties involved.

23. VENUE AND JURISDICTION. In the event of litigation commenced by any party to enforce the terms of this Agreement or in connection with the reservation created and occupancy/visit resulting from this Agreement, the parties consent to exclusive venue in and the exclusive personal and subject-matter jurisdiction of the courts of San Miguel County, Colorado. Guest further consents to the jurisdiction of any federal or state court located within a district which contains assets of Guest, in the event that a judgment is rendered against Guest, for the sole purpose of enforcement of such judgment against Guest or Guest’s assets. Guest, by the execution of this Agreement, expressly and irrevocably agrees and submits to the personal jurisdiction of any such court in San Miguel County, Colorado for any action regarding or to enforce the terms of this Agreement, and in any such court where Guest’s assets are located in any action to enforce any resulting judgment.

24. ATTORNEYS FEES. In any action involving a dispute between 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.

25. TIME. Time is of the essence of this Agreement.

26. NO WAIVER. Failure of Agent to enforce any provision of this Agreement shall not be deemed to be a waiver. The acceptance of any fees or deposits by Agent will not waive Agent’s right to enforce any provision of this Agreement.

27. ENTIRE AGREEMENT. The foregoing, plus any attachments or addendums hereto, plus any electronic mail from Guest acknowledging and accepting the terms of this Agreement, if any, 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. No amendment, modification, change, waiver, or discharge hereof will be valid unless in writing and signed by an authorized representative of the party against which such amendment, modification, change, waiver, or discharge is sought to be enforced.

28. SEVERABILITY. Each provision of this Agreement will be treated as a separate and independent provision. The unenforceability of any one provision will in no way impair the enforceability of any other provision.

29. NOTICES. All notices and documents to be delivered under this Agreement must be in writing, and delivery shall be effective when physically received by either party. As an alternative to physical delivery, any document, including a signed document or written notice, may be delivered in electronic form by electronic mail or facsimile. Unless otherwise provided, any notice which either party may give or is required to give, may be delivered to the addresses shown on the signature page or at such other places as may be designated by the parties from time to time. Notice will be deemed effective three days after physical mailing, or on personal delivery, or when receipt is acknowledged in writing.

30. CREDIT CARD AUTHORIZATION. Guest hereby authorizes Agent to charge all deposits, fees, costs and charges arising under this Agreement to the Guest’s credit card provided to 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 Agent to recharge the Guest’s credit card for payment or to collect such fees, costs and charges by any other legal means.

31. COUNTERPARTS. This Agreement may be executed in any number of original counterparts, all of which evidence only one agreement, and only one of which need be produced for any purpose.

32. FORCE MAJEURE. In no event shall the Agent be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, pandemics, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Agent shall use reasonable efforts to resume performance as soon as practicable under the circumstances.

33. E-SIGNATURE. Guest’s electronic signature acknowledges Guest’s acceptance of and agreement to, on behalf of itself and all other Guests, Guest’s obligations and all other terms and conditions of this Agreement. It is expressly understood and agreed that Guest’s electronic signature below guarantees payment of all fees, terms, and obligations associated with this Agreement and the terms herein.

34. ACCEPTANCE WITHOUT SIGNING. Notwithstanding anything to the contrary in Section 33 or otherwise, Agent has made this Agreement available to Guest on multiple occasions, and regardless of whether Guest actually signs (electronically or otherwise) this Agreement, upon Guest’s payment of the Initial Deposit, Guest and Agent will each be deemed, to the maximum extent permitted by law, to have agreed to all the terms contained in this Agreement.

Mailing Address

(USPS Only)
P.O. Box 749
Telluride, Colorado 81435

Shipping Address

(UPS, FedEx, DHL Only)
230 South Pine Street
Suite 100
Telluride, Colorado 81435

 

38° N, 108° W