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| Terms & Conditions |
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Thanks for your business and we hope you enjoy your stay in our property!
INDISPUTABLE, NONREFUNDABLE PAYMENTS AND CANCELLATION POLICY:
Guest knowingly and voluntarily waives the right to dispute all credit/debit card charges pertaining to the rental, including associated service fees and/or damages. Any conflict or disagreement of these credit card charges related to this reservation shall be resolved through arbitration in Summit County, Utah.
Guest hereby acknowledges and agrees that confirmed reservations cancelled prior to SIXTY (60) calendar days of the check-in date will be subject to a 30% cancellation fee under this Agreement are NON-REFUNDABLE 60 days prior to arrival. After 60 days prior to arrival, the reservation cannot be canceled for any reason, including but not limited to, natural disasters, acts of God, pandemics, resort closures, grounded or canceled flights and/or certain foreseeable or unforeseeable circumstances such as sudden illness, accidents, death in the family, etc., unless the travel insurance is purchased under the terms below. It is not intended that the non-refundable nature of said fees is a penalty, but rather are liquidated damages which serve to offset expenses incurred by irrespective of whether the reservation was cancelled or utilized.
TRAVEL INSURANCE/TRAVEL PROTECTION: Travel Insurance/Travel Protection has been made available for purchase with your reservation. The Plan includes coverage for the loss of your prepaid, non-refundable trip costs if your trip is canceled or interrupted due to certain unforeseeable events. We offer travel insurance/travel protection as a way for you to help protect yourself and your trip investment. Outstanding reservation costs are not eligible for reimbursement at the time of cancellation and the cost of the Plan is not eligible for a full refund outside of the Plan’s free look period. Terms and conditions apply; please read your Plan documents carefully and contact Generali Global Assistance with coverage questions.
Management strongly encourages all guests to purchase a Travel insurance. When purchased by Guest, the Travel insurance provides reimbursement for prepaid amounts (less the cost of the Travel insurance) pertaining to the rental of the property, which otherwise will be completely non-changeable and non-refundable. Travel insurance must be purchased on or before the final payment due date to be eligible for coverage.
RESERVATIONS: All reservations are subject to Management and property owner (“Owner”) approval. Online rates are subject to change without notice, and no rate is guaranteed until booking is complete. Should there be ANY issues with the reservation, the Guest will be contacted within 48 hours.
UNAVAILABILITY: If for any reason beyond the control of Management, the reserved rental unit becomes unavailable including, without limitation, due to failure of the property's basic structure that may compromise the safe habitability of the property, Management may substitute a comparable rental unit with Guest’s approval. In the event that Management does not offer a comparable rental unit or Guest does not approve, this Agreement shall be void and Management shall refund in full all payments made by Guest. In the election to void this Agreement, Guest waives any and all claims arising out of this Agreement, including, without limitation, any failures by Management to perform under this Agreement.
UNFORESEEN OCCURRENCES: Guest hereby assumes all risks arising out of unforeseen occurrences not under the control of Management. Accordingly, Management will not be liable for any loss, damage, or inconvenience caused by any unforeseen occurrences, including, without limitation, weather conditions, natural disasters, pandemics, pests, construction, public/private events, acts of God, wildfire/smoke, road closures, interruption of services and utilities or other reasons beyond its control. Guest acknowledges and agrees that in no event shall Management be responsible for travel restrictions including travel delays, cancellations of transportation carriers or any other unforeseen travel disruptions, restaurant closures, recreational facility closures, and restrictions issued by any public authority. Without limiting the generality of the foregoing, Management cannot and does not guarantee that conditions will be suitable for any ski conditions, including but not limited to ski-in/ski-out access, ski run access, or walk-to ski access. The lack of any such conditions neither constitutes a material breach of this Agreement nor a basis for any refund by Management. Management strongly encourages guests with concerns about snow conditions to purchase the Ski Condition insurance and/or Cancellation Waiver.
SECURITY DEPOSIT/DAMAGE WAIVER: Prior to, during, and continuing after the conclusion of the Guest’s reservation detailed in this Agreement, a valid credit card shall be kept on file. Any deposit is provided in the itemized list herein. Damage waiver policies are included in each booking and cover either and up to $25,000 or $10,000 in accidental damages provided that the manager is informed by the tenant of such damages before, or at check out. Any damage costs that are above the coverage of the Damage Waiver or deposit as provided in the itemized list herein, or not informed to the manager before, or at check out, the credit card on file will be charged. Guest hereby grants consent for Management to charge the credit card on file for any damages, missing items, excessive cleaning, fines, and, if necessary, costs incurred to remove Guest from the property.
STRICT NOISE ORDINANCE: Park City and/or some HOAs have strict noise ordinances that must be followed. Loud noises, music, and/or loud vehicle noises are not permitted between the hours of 10:00 pm and 7:00 am. If Guest violates this provision of Park City’s and/or HOA ordinances, Guest may be fined by Park City and/or the HOA. Management may evict Guest, the Guest’s visitors, and licensees from the residential rental unit, and Guest will forfeit the entire rental amount and security deposit.
CLEANING: Premises will be delivered to Guests in a professionally cleaned condition. Upon termination of occupancy, Management will arrange for a professional cleaning service to clean the premises. The guest is responsible for the cost of this cleaning, which is included in the fees ("Cleaning Fee") charged at the time the reservation is booked. The cleaning fee is mandatory, nonnegotiable, and nonrefundable. Should Guest use and activity of the property necessitate something other than Management’s regular cleaning services, Guest will be charged for associated excess costs.
AMENITIES: provides the property with a complimentary starter pack of amenities including rolls of paper towels, dishwasher tablets, trash bags, dishwashing liquid, hand soap, shampoo, conditioner, body lotion, toilet paper, detergent, and basic condiments. You are responsible for the purchase of any additional items you may require during your stay.
PETS: Pets are NOT allowed. In some, limited circumstances, the Owner and Management may pre-authorize the presence of a pet(s). Valid pre-authorization requires the submission of a pet addendum and such an addendum must be signed by Management to be authorized. Guests who violate this policy by bringing a pet to a non-pet-friendly property will be charged an additional $2,500.00, plus the expense of any cleaning deemed necessary by in its sole discretion. Violations will also result in immediate eviction and forfeiture of rent. Notwithstanding this provision, Manager is committed to providing reasonable accommodation to protect the rights of guests with disabilities to bring a “service animal” (as defined by Utah and federal law) under the terms of The Fair Housing Amendments Act of 1988, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act. If a guest needs a service animal who has been trained to do work or perform tasks for a disability, he or she should request a reasonable accommodation, in writing, from the Manager at the time of booking their reservation. The request should state that the guest has a disability and provide the specific work or task that the service animal has been trained to perform. Guests need not disclose the details of their disability nor provide a detailed medical history. Guests will be responsible for any damages caused by a service animal, including any additional cleaning fees required at the end of the stay to prepare the property for incoming guests. Emotional support animals are only permitted in properties that permit pets.
NO SMOKING: No smoking is allowed on the premises. If smoking occurs on the premises, the Guest is responsible for any and all damage caused by the smoking including but not limited to, stains, burns, odors, and removal of debris. Guest acknowledges and consents to the credit card on Guest’s account being charged for any excess amount required to remedy any and all damages resulting from smoking that exceeds the Damage Waiver or deposit. Guest also acknowledges and consents to the credit card on Guest’s account being charged for any future cancellations to the property due to complaints of smoke or restoration associated with smoking. Guest agrees to defend and indemnify Management to the fullest extent permitted by law from any and all claims, damages, disputes, suits, and judgments relating to this provision made by any person, including without limitation Owners, future renters, property homeowner’s association, and property neighbors. If smoking is discovered during this Agreement’s reservation, the Guest’s breach of this provision will result in the eviction of the Guest, Guest’s visitors, and licensees from the residential rental unit, and forfeiture of the entire rental amount and security deposit if one was required, and a $2500 smoking fee.
CONDITION OF PREMISES: The guest shall, on arrival, examine the premises, including all furniture, furnishings, appliances, fixtures, and landscaping. Guest shall immediately report in writing to Management of anything that is not in operating condition or is in disrepair. The presence of non-operating conditions or disrepair and any reports of such do not give Guest the right to cancel this Agreement or receive a refund of any payments made.
NEARBY CONSTRUCTION: There may be construction ongoing at properties adjacent to or close by the property being rented by Guest. The rules regarding acceptable noise levels, start and finishing times, and other restrictions relating to any such construction are governed by local ordinances and/or community-specific rules and regulations beyond the control of the Manager. The Manager will use its best efforts to ensure that the appropriate parties are notified and appropriate remedial action is taken in the event that it receives notice that the construction at issue may violate any such regulations or ordinances.
LOST ITEMS OR LEFT ITEMS: Guest is solely responsible for any lost, stolen, or abandoned possessions or items. Management assumes no responsibility for lost, stolen or abandoned items. Upon discovery of possessions or items not originally in the rental unit, Management will make a reasonable effort to contact the Guest for a return. Guest is responsible to pay for shipping costs in addition to a $25.00 handling fee. At no point does Management assume liability for any possessions or items or for the condition of said possessions or items. Any items not claimed for longer than 30 days may be donated or sold. If any firearms or illegal substances are found in the property upon departure, local authorities will be notified to remove the items.
SHIPPING: Guests may ship items to Management’s secure facility before they reserve at the cost of $10.00 PER PACKAGE for storage which will be charged to the credit card on file. At no point does Management take on liability for any of the items shipped to the secure facility. Delivery may take up to 24 hours once received by Management. Shipping of perishable items and any other time-sensitive materials are not recommended. Management’s approved shipping label format must be used for ALL Guest packages. Management shall not be responsible for any lost, damaged or delayed deliveries. If packages are received after departure, Guest will incur shipping charges and a $25.00 handling fee for Management’s return of any packages to Guest or the Guest’s visitors. Management is not responsible for any lost, damaged, or delayed deliveries.
MAXIMUM OCCUPANCY: The residential rental unit is for the sole use as a personal vacation residence for only approved guests. Guest is responsible for any visitors that use the property during the term of this Agreement. No guests in excess of the maximum occupancy specified in the Rental Agreement shall occupy the property. A charge of $500.00 per person per night will be assessed for each unapproved guest. Guest may be charged without notice for additional persons staying in the property who are not disclosed to Management. In addition, breach of this provision will result in immediate termination of the Rental Agreement, eviction of Guest, Guest’s visitors, and licensees from the residential rental unit, forfeiture of the entire rental amount and security deposit, and Guest may incur additional charges.
NO PARTIES: All of Management’s rental units are in residential areas and may NOT be used for weddings, receptions, parties, or any other large gatherings. Any disruptive events could result in the immediate termination of this Agreement, eviction of Guest, Guest’s visitors, and licensees, and forfeiture of the entire rental amount and security deposit.
FIREWORKS: Fireworks are prohibited on the premises. If fireworks are utilized within the property, Guest will be held liable to any and all damages that occur to the property itself and/or surrounding areas.
ILLEGAL SUBSTANCES: No illegal substances are allowed on the premises, including, without limitation, minors possessing alcoholic beverages. Violations will result in the eviction of Guest, Guest’s visitors, and licensees from the residential rental unit, and forfeiture of entire rental amount and security deposit.
TV/CABLE/INTERNET/SATELLITE: Any internet, TV, cable, or satellite subscription services are provided as a convenience only and are not integral to this Agreement. Management will not be in breach for any service disruption and Guest will not receive a refund for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to said subscription services.
AIR CONDITIONING/HEATING: Most residential rental units are not equipped with air conditioning, but if so equipped, Guest agrees that air conditioning shall not be set below 72 degrees. There are no refunds for lack of or malfunctioning HVAC units. Heat shall not be set above 78 degrees. All fan settings shall be set to "Auto." Doors and windows shall be closed when either heat or air conditioning is in operation.
POOL AND SPA: Not all residential rental units have spa(s)/pool(s). Guest hereby acknowledges and agrees that the area(s) surrounding pool(s) and/or spa(s) may not be fenced or secure. Guest understands and agrees to be responsible and held liable for any damages that occur to the pool(s), spa(s) and their support equipment through Guest misuse and/or negligence. Use of pool(s) and spa(s) is at Guest’s own risk. Guest understands and hereby acknowledges that there will be no LIFEGUARDS on duty at any time. Moreover, any form of diving is strictly prohibited and guests are solely responsible for any damage resulting from diving.
SYSTEM(S) FAILURES: In the event the residential rental unit sustains a failure of a system, including but not limited to, water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, hot tub or other system or structural systems, neither the Owner nor Management shall be liable to Guest for any damages as a result of or associated with such system failures. Management will make an effort to promptly repair or replace the failed system or equipment, and in such event, Guest agrees to permit the manager or its service provider to have reasonable access to the property to inspect and make such repairs. Any failure does not serve as a termination of this Agreement and no refunds will be given for such system failures.
RULES, REGULATIONS, NO COMMERCIAL USE: Guest agrees to comply with any and all rules and regulations that are at any time posted on the premises or delivered to Guest. Guest shall not, and shall ensure that Guest’s visitors and licensees shall not: (i) disturb, annoy, endanger, or interfere with other guests of the building in which premises is located or its neighbors; (ii) use the premises for any commercial or unlawful purpose, including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband; (iii) violate any law or ordinance; (iv) commit waste or nuisance on or about the premises; or (v) violate any homeowner’s association or similar entity’s rules, regulations, or other terms. Any and all homeowner’s associations attached to the property are provided to Guest in the pre-check-in email with the rental details, check-in processes, and access codes. Guest is on notice of any homeowner’s associations or similar entity’s by-laws, CC&R’s, and any other applicable rules and regulations. Guest also agrees to not use the residential rental unit for any commercial use. Violation of these provisions may result in the eviction of Guest, Guest’s visitors, and licensees from the residential rental unit, and forfeiture of the entire rental amount and security deposit.
MAINTENANCE & REPORTING: Guest shall properly use, operate, and safeguard the residential rental unit including any landscaping, furniture, furnishings, appliances, and all mechanical, electrical, gas, and plumbing fixtures. Guest agrees to keep the residential rental until clean and sanitary. Guest shall immediately notify Management of any problem, malfunction, or damage. Guest will be liable and shall pay for all repairs or replacements caused by Guest, excluding ordinary wear and tear. Guest will be liable and shall pay for all damage to the premises as a result of failure to report a problem, malfunction, or damage promptly.
ENTRY: Management and Management’s representatives and agents have the right to enter the premises, at any time: (i) to make necessary or agreed repairs, decorations, alterations, improvements, for maintenance, or to supply necessary or agreed services; (ii) to verify that Guest has complied with the terms of this Agreement; or (iii) in case of emergency. Management and its representatives and agents have the right to enter the premises, upon reasonable notice of at least 24 hours, to show the premises to prospective or actual purchasers, tenants, mortgages, lenders, appraisers, or contractors.
PARKING: Park City and/or the HOAs have strict parking rules. No parking is allowed on the street year-round. Guest acknowledges that vehicles will get ticketed and/or towed for violating Park City’s and/or the HOA’s parking rules and regulations. Any costs or damages resulting from such parking violations shall be Guest’s sole responsibility, and in no event shall Management be held liable for any costs or damage resulting from Guest, Guest’s visitors, or licensees parking in violation of Park City’s and/or the HOA’s parking rules, regulations, ordinances, or any other governing terms.
TERMINATION OF OCCUPANCY: Upon termination of occupancy, Guest shall: (i) return all copies of all keys or opening devices to the premises, including those for the garage door and common areas; (ii) vacate the premises and surrender it to Management empty of all possessions and persons at the agreed upon time; (iii) vacate any/all parking and/or storage space; and (iv) deliver the premises to Management in the same condition, less ordinary wear and tear, as received upon arrival.
MEDIATION: Guest agrees to mediate any dispute or claim arising out of this Agreement or any resulting transaction before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved.
VENUE AND CHOICE OF LAW: This Agreement shall be governed and construed in accordance with the laws of the State of Utah and Summit County. Summit County shall have personal jurisdiction over the parties and the county in which the premises are located shall be the forum for any legal action brought in relation to this Agreement.
ENTIRE CONTRACT: Time is of the essence. All prior agreements between Owner and Guest are incorporated in this Agreement, which constitutes the entire contract. This Agreement is a final expression of the parties’ agreement and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Agreement. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this Agreement. Any waiver of any breach of the terms of this Agreement shall not be construed as a continuing waiver of the same or any subsequent breach.
INSURANCE AND INDEMNIFICATION: (i) Owner Insurance: Guest’s personal property including vehicles not insured by Management, Owner, or, if applicable, homeowner’s association against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner and Management do not insure against personal injury to Guest, Guest’s visitors or licensees, due to any reason other than the condition of the premises; (ii) Renter Insurance: Management recommends that Guest carry or obtain insurance to protect Guest, Guest’s visitors and licensees, and their personal property from any loss or damage; (iii) Indemnity and Hold Harmless: Guest agrees to indemnify, defend, and hold harmless Owner and Management from any and all claims, disputes, litigation, judgments, costs, and attorney fees resulting from or associated to any loss, damage, or injury to Guest, Guest’s visitors and licensees, and/or their personal property. Guest agrees to release, to the fullest extent allowed by law, Owner, Management, and their members, officers, associates, employees, agents, representatives, attorneys, assigns, and affiliates (collectively, the affiliates) from all liability or responsibility of any kind whatsoever for any personal injury, death, property damage, or other loss sustained by Guest, Guest’s visitors and licensees, Guest’s children, any guest identified on this form, and any other person allowed onto the property during Guest’s rental dates as a result of Guest’s, Guest’s visitors and/or licensees, Guest’s children’s or the Guest’s participation in a visit to the home, due to any cause whatsoever, including without limitation, negligence on the part of Owner or Management. Guest understands that this release binds any and all heirs, administrators, executors, assigns, and any other person or entity seeking to claim under or through Guest.
JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Guest, each person shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually. |
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Luxe Haus, LLC
1364 Still Water Dr
Park City UT 84060
8883668822
inquiry@luxehausvacations.com |
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