Winter Park Lodging Company, LLC, a Colorado limited liability company, serves as booking and leasing agent for owners of vacation properties. You have asked us to book selected dates for you to use one or more of the vacation properties.
In consideration of the foregoing Explanatory Statement and the mutual promises and undertakings stated below, this Agreement for Use of Vacation Property ('Agreement') is made by and between Winter Park Lodging Company, LLC, a Colorado limited liability company ('Agent', 'We', 'Us' and the like) and the Responsible Guest named below ('Responsible Guest', 'You', 'Your' and the like) in connection with certain vacation property heretofore booked for your use (the 'Premises').
1. License Grant. In exchange for the License Fee stated below and your compliance with all of the terms and conditions in this Agreement, we as agent for, and on behalf of, the owner of the Premises as shown in the books and records of the clerk and recorder of the county in which the Premises are located (the 'Owner'), hereby grant to you and your Additional Guests (collectively, 'Guests') an exclusive, nontransferable license (the 'License') to use the Premises from 4:00 P.M. on your Check-In Date until 10:00A.M. on your Check-Out Date (hereinafter, the 'License Period'). Your Check-In Date and Check-Out Date are the check-in and check-out dates that you have booked.
2. License Restrictions: Violation of any of the following restrictions will entitle us to cancel, terminate, or revoke the License:
a. The License is a license to use the Premises for vacation lodging during the License Period for any purposes incidental to such lodging (such as but not limited to entertainment, recreation, and preparation and consumption of meals) and for no other purposes.
b. You agree not to undertake any activity at the Premises (also including the common areas associated with the Premises) that is prohibited by law or by our Policies and Procedures or that is inherently unsafe or hazardous. You also agree not to allow any Guest or other person to undertake any unlawful, prohibited, unsafe, or hazardous activity in or about the Premises.
c. The License is limited to the number of persons reserved by you as Guests at the time you make your reservation. You may request that additional Guests be added to the License by contacting us at least 10 days before the License Period. We may or may not allow such additional Guests, or may allow additional Guests in consideration of an increase of the License Fee, in our reasonable discretion.
d. The License is subject to the Policies and Procedures stated in Appendix A below and may be suspended or revoked if any Guest (or any person having access to the Premises with your actual or implied permission) violates any of the Policies and Procedures. Depending on the Premises that are the subject of this Agreement, there may be reasonable additions or modifications to the Policies and Procedures posted at the Premises or on our web site www.winterparklodgingcompany.com. You agree to abide by any and all Policies and Procedures so posted.
3. Your Representations and Warranties: You, the Responsible Guest, represent and warrant that you are 24 years of age or older. The Responsible Guest is responsible for payment, deposits, and all other Guest responsibilities stated in this Agreement.
4. License Fee: You will be charged a License Fee determined according to the advertised usage rates for the Premises, which are subject to change without notice until you have booked your stay. The rates in effect as of the payment of your initial deposit will be the rates applicable to the License granted herein, plus any other charges permitted or required under this Agreement, including but not limited to sales and/or lodging taxes required by Colorado and local governments where the Premises are located. In addition, we customarily charge, and hereby reserve the right to charge a fee for protection against accidental damage to the Premises caused by Guests. The amount of this fee will vary depending on the size of the property and is subject to change at any time. This fee is already included in all quotes we release. It is not added on after booking.
5. Reservation of the Premises Upon Approval of this Agreement. You have 24 hours from the time of booking to look over the rental agreement and make any needed changes to the reservation.
6. Deposit; When License Fee is Due: Except as provided in paragraph 7 below, the Deposit due with the signed Agreement is one-half of the total License Fee, including one half the taxes, fees, and cleaning fee (rounded up to the nearest dollar). The balance of the License Fee, including remaining fees and taxes ('Second Installment') is due not later than 30 days before the Check-In Date. We prefer checks or money orders for the balance. Checks returned for insufficient funds or the like will result in a $25.00 administrative charge in addition to which we may cancel your reservation. When paying by check or money order, please include your name and the name/unit number of the Premises on the check or money order. Send all checks or money orders payable to 'Winter Park Lodging Company' and send to: Winter Park Lodging Company, P.O. Box 643, Winter Park, CO 80482. Our physical address for any non-postal deliveries is: 21 King's Crossing, Suite 103, Winter Park, CO 80482. We are located in Pine Tree Plaza, in downtown Winter Park. Our normal hours of operation are 8:00 ' 6:00. We have a 24/7 guest hotline to serve you during your stay.
7. ALL Reservations made less than 30 days BEFORE your check-in date require full payment OF THE LICENSE FEE to be made IMMEDIATELY.
8. Credit Card Authorization: YOUR APPROVAL OF THIS AGREEMENT IS YOUR AUTHORIZATION FOR US TO PROCESS A CREDIT CARD CHARGE FOR ALL SUMS THAT COME DUE UNDER THIS AGREEMENT.
9. Damage to the Premises; Accidental Damage Protection Fee: You agree to pay us an 'Accidental Damage Protection Fee." This non-refundable fee covers up to $1,500.00 ('Protection Limits') in accidental damage to the Premises during your stay. Any damage above and beyond these Limits will be charged to your credit card upon notice to you. You agree to notify us promptly after any damage occurs. Prompt notification helps prevent the damage from worsening and enables us to attend to repairs before the next guests arrive.
10. Vacation Insurance: For an additional fee, we offer vacation insurance that will reimburse you for certain out-of-pocket losses if your reason for canceling your reservation is within the travel insurance policy guidelines. Please inquire about such insurance at the time of your booking or as soon as possible thereafter.
11. Cancellation Policy: To cancel a confirmed reservation, please call us as soon as you know. Written notification of cancellation signed by the leaseholder is also required, which can be sent via mail, fax, or email.
If you cancel more than 180 days prior to arrival date - 90% of the lodging deposit amount will be refunded.
If you cancel 179-60 days prior to arrival date - 75% of the lodging deposit amount will be refunded.
If you cancel 59-30 days prior to arrival date - 50% of the lodging deposit amount will be refunded.
If you cancel 29-14 days prior to arrival date - 25% of total lodging amount will be refunded.
If you cancel less than 14 days prior to arrival date - no refund.
If you purchased the optional Travel Insurance, that insurance premium will NOT be refunded.
12. Condition of the Premises; Disclaimer of Warranties: We will make diligent efforts to place the Premises in broom clean, orderly and habitable condition for your use as of your Check-In Date and time. However, we do not own the Premises, however, and we make no representations or warranties concerning the condition of the Premises or the household appliances, furnishings, and equipment within the Premises. You agree to leave the Premises in at least as good a condition as it was in when you checked in.
13. LIABILITY LIMITATIONS: IN NO EVENT WILL AGENT'S LIABILITY FOR ANY ACT OR OMISSION UNDER OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE COMPENSATION RECEIVED BY US FROM OWNER UNDER OR AS A RESULT OF THIS AGREEMENT. WE WILL NOT UNDER ANY CIRCUMSTANCES BE RESPONSIBLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES SUCH AS LOST TRAVEL EXPENSES. WE DISCLAIM ALL LIABILITY FOR ANY DAMAGE TO OR THEFT OF ANY PERSONAL PROPERTY THAT YOU BRING TO THE PREMISES. TO THE FULLEST EXTENT PERMITTED UNDER LAW, WE WILL NOT BE LIABLE FOR ANY PERSONAL INJURY OR DEATH OCCURRING IN OR ABOUT THE PREMISES UNLESS CAUSED BY OUR RECKLESS OR WANTON AND WILLFUL ACT OR OMISSION.
14. Indemnification: You agree to indemnify, hold harmless and defend us for, from, and against any and all claims, liabilities, damages, and costs (including but not limited to reasonable attorney's fees) arising from or in connection with your use of the Property under this Agreement, except to the extent that any such claim, liability, damage, or cost has resulted directly from the reckless or willful or wanton conduct of Agent or Owner.
15. Miscellaneous Provisions:
a. Right of Entry: You agree to allow us and the Owner to enter and inspect the interior and exterior of the Premises at reasonable times during the License Period, after reasonable notice to you, for maintenance and repairs and to show the Premises to prospective purchasers if the unit is for sale. If an emergency requires entry without notice, or on short notice as the case may be, to prevent or mitigate harm to person or property, you agree that such entry would be reasonable with such notice, if any, as is practicable under the circumstances.
b. Supplies; Laundering: We will supply bed linens, towels, and extra blankets for your use at the Premises. We will supply one (1) set of towels per Guest and one set of linens per bed (per listed occupancy of property). No additional linens or towels are provided during your stay. You are responsible for laundering any towels or linens that you wish to have cleaned during your stay. Daily maid service is not provided as part of the rental but can be arranged for an additional fee if we are notified ahead of your arrival. The cleaning service that we provide is end-of-stay cleaning only.
c. Late Checkout: Late checkouts cause disruptions in our cleaning schedules. If you do not vacate the Premises by the required checkout time and we have not agreed in advance to extend your checkout time, then we may, in our discretion, charge you for an additional night's stay.
d. Administrative Fees: All administrative fees under this Agreement are intended and agreed to be reasonable liquidated damages for our additional costs, which are difficult to calculate, resulting from noncompliance with or changes to our normal operating procedures. We may, in our discretion, charge the following administrative fees in addition to those provided for elsewhere in this Agreement:
16. Violation Fees (Whenever applicable to the Premises):
a. Any pets in any property not specifically approved during reservation and on our list of pet friendly properties. See Appendix A. Section 4. Fee: $300.00
b. Abuse or misuse of the hot tub, including any cigarette butts left in or around the hot tub, or any trash, glass, or other items left in or around the hot tub. Fee: $200.00
c. Smoking inside the Premises (including garage or porches) or any cigarette butts found on the Premises including the porch areas. Fee: You will be responsible for ANY and ALL costs associated with the removal of the presence of smoke.
17. Other Violations:
a. Damage or Destruction: If the Premises are damaged or destroyed by fire or other casualty so as to become unfit for human habitation, this Agreement shall be terminated (except for and subject to its indemnification and damage deposit provisions) and all payments made by you for any unused portion of the License Period will be returned to you.
b. Choice of Law: Colorado law absolutely shall govern this Agreement and the interpretation of its provisions, without regard to conflict of laws principles or the domicile of any Guest.
c. Jurisdiction and Venue of Litigation: The exclusive venue and jurisdiction for any dispute arising from or related to this Agreement, or any breach thereof, shall exist exclusively in any court of competent jurisdiction within THE COUNTY AND STATE WHERE THE PREMISES ARE LOCATED. The prevailing party shall be awarded its court costs and reasonable attorney's fees in addition to such other relief to which it may be entitled under applicable law.
d. WAIVER OF JURY TRIAL: IN CONNECTION WITH ANY DISPUTE OR CONTROVERSY ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT, OR ANY BREACH THEREOF, OR THE USE AND OCCUPANCY OF THE PREMISES, EACH PARTY TO THIS AGREEMENT HEREBY WAIVES ANY AND ALL RIGHTS TO A JURY TRIAL AND ELECTS TO HAVE THE MATTER HEARD BY THE COURT SITTING WITHOUT A JURY.
e. Waiver: The non-enforcement of any right or remedy under this Agreement by Agent or Owner shall not be construed as a waiver nor shall it preclude the exercise of any such right or remedy.
f. Execution: Separate copies of this document may be executed by the parties. When each party has executed a copy, such copies taken together shall be deemed to be a full and complete contract between the parties. Facsimiles of original signatures shall be treated as original signatures.
g. Entire Agreement: This Agreement (also including Appendix A) contains the entire agreement between the parties concerning its subject mater, and supersedes all prior representations, agreements, understandings, and promises, whether written or oral, concerning such subject matter. This Agreement shall not be amended or modified except by a written document signed by both parties. An authenticated electronic mail correspondence acknowledged and signed by both parties shall qualify as such a document.
h. Binding Agreement: This Agreement shall be binding upon, and shall inure to the benefit of, the parties and their respective heirs, personal representatives, executors, administrators, successors and assigns.
i. Non-Assignable: You may not assign to any other person or entity any of your rights or obligations under this Agreement.
This contract is legally binding 24 hours after making your reservation. If you have any questions, please call us immediately.
APPENDIX A POLICIES AND PROCEDURES
1. Check-In Time: Check in is after 4:00 p.m.
2. Check-Out Time: Check out is no later than 10:00 a.m.
3. Cleaning: The Premises are cleaned after every License Period. Before checking out, please:
a. Clean out any of your leftovers or perishable foods in the refrigerator;
b. Close and lock all windows and doors
c. If you have a key card on a lanyard, be sure to leave on the kitchen counter.
4. Pet Policy: Any animal (regular, service, or emotional support) must be approved at the time of the reservation with supporting documentation and will only be permitted in Winter Park Lodging Company approved pet friendly properties. Guests with approved pets at pet friendly properties are required to pay a $75 pet fee to cover any additional cleaning required. Approved service animals at pet friendly properties will not be required to pay a $75 pet fee at the time of booking, although Winter Park Lodging Company reserves the right to charge any additional fees required for damage and/or cleaning necessary caused by the service animal. If an unapproved animal(s) is found in a Winter Park Lodging Company property, we reserve the right to charge a minimum of $300 fine.
5. Smoking Policy: Smoking is not allowed at the Premises at any time, including garage, porches or balconies. You will be responsible for ANY and ALL costs associated with the removal of the presence of smoke if smoking on the Premises should occur.
6. Lost and Found: If you leave something behind, call us and we will make every effort to locate and return it to you. Items unclaimed after 30 days will be donated to a local charity. We are not responsible for items left behind.
7. Repairs: If you have an emergency involving the condominium, please call us at 877-329-1383. If it is an emergency and you cannot reach anyone at that number, call 303.915.9484 or 303.249.2617. Environmental stress combined with heavy guest use can cause equipment to malfunction or fail. If you experience any problems with equipment during your stay, please CALL US IMMEDIATELY, and be patient while we work to solve your problem as quickly as possible.
8. You may not keep or have on the Premises:
a. Any unlawful or controlled dangerous substances
b. Anything of a dangerous, flammable, or explosive character
c. Anything that might substantially increase the risk of fire or other hazard on the Premises, or that might be considered hazardous materials under federal, state, or local environmental laws.
9. You must keep noise levels within the Premises at a reasonable level at all times, and must not do anything that might interfere with the use of other units near the Premises.
10. You must obey all parking signs and posted regulations and restrictions in connection with the Premises