1. PAYMENT. For reservations made more than forty‐five (45) days prior to arrival, fifty percent (50%) of the rental amount is due at the time of booking. Guest shall pay agent the remaining balance due no later than forty‐five (45) days prior to arrival and such balance may be paid by credit card (MC/V/D), cashier's check, money order, or personal check. If the initial deposit was made with a credit card, that card will be charged the remaining balance due, unless you notify agent otherwise prior to the due date. You will be charged a $40 handling fee for all returned checks. For reservations made forty‐five (45) days or fewer prior to arrival, all funds shall be immediately due. Agent reserves the right to withhold access to the property by you until all funds, including deposits, have been received to its satisfaction.
2. VACATION RENTAL DAMAGE PROTECTION. We include a $59.00 premium for Vacation Rental Damage Protection on every rental which will provide the guest up to $3,000 worth of protection for accidental or inadvertent damage to the vacation property. The guest is liable for any damages during occupancy to the premises, and to furnishings, equipment, and household items excluding normal wear. Guest shall remain responsible for any and all damages and inventory replacement costs that are not covered due to intentional damage or exceeds the $3000 amount of the Vacation Rental Damage Protection. Full Details of the Vacation Rental Damage Protection are contained in the Description of Coverage or Insurance Policy (www.vacationrentalinsurance.com/G10VRD). By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to pay directly Iron Horse Property Management any amount payable under the terms and conditions of the Vacation Rental Damage. Please contact Iron Horse Property Management directly if you do not wish to participate in this plan or assignment. If the Vacation Rental Damage Protection is not elected, a traditional refundable security deposit of $3000 will be required.
3. CANCELLATIONS. Cancellations by guest shall be received by agent no later than forty‐five (45) days prior to arrival in order to be effective. In the event of such timely cancellation, agent shall refund to you all monies paid, less a cancellation fee, which shall be 5% of the gross rental, or $100, whichever is greater. Cancellations later than forty‐five (45) days prior to arrival shall be non‐refundable, unless agent in its sole discretion determines that it can re‐rent the property at the same rate for the same period. If the property cannot be re‐rented, all monies paid by guest shall be forfeited as damages. If the property is re‐rented, all monies paid by guest shall be refunded, less the cancellation fee. Weather conditions in Colorado can be extreme and change with little or no advance warning. You understand and accept this travel‐related risk and agree that a refund will not be given due to weather conditions. If there is a concern for cancellation, travel insurance is recommended.
4. VACATION RENTAL INSURANCE: CSA Vacation Rental Insurance has been included with your reservation and, unless declined by you, shall be a part of your payment. Vacation Rental Insurance reimburses for pre‐paid, non‐refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment. Agent recommends you purchase this valuable protection. However, if you do not wish to purchase travel insurance, please notify agent and it will be deducted from your reservation. View details about CSA Vacation Rental Insurance.
5. TRANSFERS. Requests for transfers from the property to another property will be accommodated where possible. If the property transferred to carries a lower rental amount, the rental amount for the current property shall still apply, unless the property can be re‐rented for the same time period at the same rate. A $50 administrative fee shall apply to all transfers, including transfers within the same building or unit.
6. SMOKING. Smoking is NOT permitted in or on the property at any time. Violation shall result in immediate termination with no refunds of rent, tax, deposits, or other monies. Additional cleaning fees may apply.
7. PETS. Pets are NOT permitted in or on the property, unless otherwise specifically permitted. Agent shall approve or disapprove your pet at the time of booking; later pet approvals will not be given. Violation shall result in immediate termination with no refunds of rent, tax, deposits, or other monies and shall result in a $250 penalty per pet and additional cleaning fees. A pet deposit shall be required for pet‐friendly properties.
8. CHECK IN/OUT. Check‐in is 4:00 p.m. on the day of arrival. Check‐out is 10:00 a.m. on the day of departure. For late check‐outs and/or early check‐ins, additional fees may apply and shall require pre‐approval.
9. HOUSEKEEPING. Agent shall provide you a clean home stocked with a starter kit of appropriate supplies. If supplies are depleted and need to be replaced during the rental period, you shall be responsible for replacement. Each property has access to a washer and dryer for your use. Additional cleaning services may be arranged during the stay for $35 per hour, scheduled 72 hours in advance. During peak seasons, additional notice may be required.
10. HOT TUB/POOLS. You acknowledge that the use of hot tubs and/or pools on the property shall be at your own risk. Neither agent nor owner shall be responsible for accidents, damages, or personal injury resulting from the use of hot tubs and/or pools. No persons under sixteen (16) shall be allowed to use hot tubs or pools without adult supervision.
11. SERVICE REQUESTS. Agent shall respond to service requests for televisions, hot tubs, appliances, etc. as quickly as possible. Neither agent nor owner shall issue rebates or refunds to you for any reason, as agent shall make reasonable good faith efforts to ensure the property is maintained to the highest standard.
12. GUEST RESPONSIBILITIES. You represent the following: (A) that you are twenty‐five (25) years old or older; (B) that you will personally occupy the property for the entire rental term; (C) that you and your party shall not exceed the max occupancy (the maximum number of persons that may occupy the property) at any time; and (D) that neither you nor anyone in your party will conduct activities within or on the property that are illegal or that disturb, offend, or cause nuisance to neighbors. Neither you, nor anyone in your party, shall: (A) rearrange furniture on the property; (B) cause excessive waste to occur on the property; (C) or gain access to or use any locked areas on the property for which you are not provided key, it being understood that such areas and the personal property located therein shall be off limits to you and your party. Any violation by you of the policies in this section or of any other term of this agreement may, in agent's sole discretion, result in immediate termination of the reservation and eviction of guest and guest's party with no refunds of rent, tax, deposits, or other monies.
13. LOST, STOLEN, OR ABANDONED PROPERTY. You shall not hold owner responsible for any lost, stolen, or abandoned property. You may be charged a $25 fee plus shipping for any items returned to you.
14. FAILURE TO DELIVER. In the event that owner is unable to deliver the property to you because of act of nature, fire, or any other reason outside of owner's control, agent shall make reasonable efforts to transfer you to a comparable property. If, as determined by agent, no such transfer is possible, agent shall return all monies previously tendered by you, and you agree that owner shall have no other liability to you.
15. TRANSFER OF OWNERSHIP. In the event ownership of the property is transferred from owner by any means prior to or during the rental period, the following shall apply: (A) If the transfer occurs more than forty‐five (45) days prior to the arrival date, owner may but shall not be required to assign this reservation to the new owner, and if not so assigned, agent may in agent's sole discretion provide you with a comparable rental property or shall, if no alternative rental property is provided, return all monies tendered by you. (B) If the transfer occurs forty‐five (45) days or fewer prior to the arrival date or during the rental period, owner shall assign this reservation to the new owner, unless otherwise approved by you. Any assignment pursuant to this section shall bear the signature of the new owner indicating its acceptance of the assignment.
16. WAIVER. You shall not hold owner responsible for any inconvenience, damage, injury, or loss to persons or property that are caused, directly or indirectly, by persons or circumstances beyond the direct control of owner. You shall not hold agent responsible for any inconvenience, damage, injury, or loss to persons or property that are caused, directly or indirectly, by persons or circumstances beyond the direct control of agent.
17. INDEMNITY. You shall defend, indemnify, and hold harmless owner and its respective officers, directors, contractors, agents, affiliates, and representatives against any and all claims, demands, causes of action, damages, losses, liabilities, costs, or expenses that may arise from any injury that may occur upon the property during the term of the rental, except in the case of personal injury caused by the intentional act of owner or its agents.
18. APPLICABLE LAW, JURISDICTION, AND VENUE. The terms and conditions shall be governed by the laws of Colorado. Exclusive jurisdiction and venue of all actions relating to the terms and conditions shall be in the District Court of Gunnison County, Colorado. Each party submits to the personal jurisdiction of such court and waives any and all rights to object to such jurisdiction. If jurisdiction is not obtainable by such court, all actions relating to the terms and conditions shall be brought in the District Courts of Colorado or the United States District Court for Colorado. In the event there is any litigation or arbitration arising out of the terms and conditions, the court or arbitrator(s) shall award to the substantially prevailing party its reasonable costs and expenses, including attorney fees.