Vacation Rental Agreement - Terms and Conditions
Peak Property Investments dba Kabino (PPI), an agent for the Landlord of the property, and Tenant agree as follows: Tenant is an adult and will be an occupant of the unit during the entire reserved period. Other occupants will be family members, friends, responsible adults or children under direct adult supervision. Use of the premises will be denied to persons not falling within the foregoing categories and as a result they would have to vacate the property without any refund. Any complaints from neighbors regarding excessive noise or other nuisances may be cause for immediate termination of the rental agreement and forfeiture of the Tenant’s initial booking and final payments. Maximum Occupancy for this Property: **Occupancy is limited to each unit. Please contact PPI for specific information regarding the unit you are renting. **Our rental ordinances are strict. If you need to increase occupancy, please give us a call so we can help find you a property that meets your needs. All Tenants must sleep in beds; air mattresses are not allowed. Tents, RV's and other recreational sleeping units are not allowed in most subdivisions. PPI reserves the right to check occupancy during your stay.**
DUTIES OF THE RENTAL PARTIES: This rental agreement is also subject to all rules and regulations emailed or sent to Tenant prior to and during reservation dates. Rules and regulations will cover subdivision rules, noise ordinances, parking, pets, smoking (all properties are non-smoking), arrival and departure times, and any other information you will need to share with all Tenants staying at the property. Rules and regulations will cover subdivision rules, noise ordinances, parking, pets, smoking (all properties are non-smoking), arrival and departure times, and any other information you will need to share with all Tenants staying at the property.
CLEANING FEES: You will be responsible for all cleaning fees. They are listed next to rental price on our site and invoice. If any damage is found during the departure inspection, your form of payment on file will be charged for repair. It is our recommendation you purchase damage insurance prior to your stay. If anything is found missing, we will notify you and charge your form of payment on file for the cost of replacement. If any electrical systems or furniture has been moved or altered during your stay, you will be charged a minimum fee of $55. Time over one (1) hour to correct the issue will be charged to your form of payment on file at a rate of $55 per hour. Each property will be inspected, sanitized and cleaned after your departure. The cleaning fee you have paid will provide for normal cleaning so that you can enjoy your vacation up to the last moment. You are required to leave the property in the same general condition that you received it by making sure dishes are washed or loaded into dishwasher, used towels are placed in the washer, and the home is generally picked up and ready to be vacuumed, dusted and sanitized. If additional cleaning is required, appropriate charges will be charged to your form of payment on file at a rate of $55 per hour.
MULTIPLE RENTALS: If your party is renting multiple properties; do not transfer any items from one property to another. A $55 per hour fee will be charged to form of payment on file to correctly organize and replace items. Minimum one (1) hour charge.
CHECK-IN: Check in time is 4:00 p.m. on your day of arrival. Lock box codes WILL NOT be issued with a balance owing or without a signed rental agreement. Your lock box code will be given to you in a Booking Confirmation email 72 hours prior to your arrival.
CHECK-OUT: Check out time is 10:00 a.m. on your day of departure. A $75 fee will be charged to your form of payment on file for each 1/2 hour past the required checkout time, as we often have Tenants leaving and arriving the same day, while leaving the cleaning services a small amount of time to clean. $50 per item fee will be charged to your form of payment on file for each lost key, $300 will be charged to your form of payment on file for a lost key fob, electronic key, garage door opener, or parking pass. Each reservation will be emailed check-out procedures 1 day prior to check-out date. Please read, and follow the check-out directions prior to departure.
TRASH: The Tenant shall dispose of all waste material generated during the rental period in a lawful manner at or before checkout. If the property provides garbage receptacles, all garbage must be securely bagged and disposed of inside these receptacles, with lids securely closed. If no garbage receptacles are provided at the rental unit, the Tenant must take the trash and any waste material with them at or before checkout. Any trash or waste left in or around the property, or not securely bagged inside the garbage receptacles, will be subject to penalty of $55 per large kitchen bag; any such penalty shall be charged to the Tenant’s form of payment on file.
SMOKING / PETS: A $550 fee will be charged to your form of payment on file for any damage done or for evidence of smoking at the property. All interior and exterior of the properties are non-smoking. A $300 fee will be charged if any evidence that a pet was kept on or inside the property without prior approval. Many properties are pet friendly, so please let us know if you need a property that allows pets on the premises. In addition, any damage to the property will be charged replacement costs and $55 per hour in labor to your form of payment on file. Pets are not allowed in, at, or around our rental properties unless specifically noted on your itinerary by payment in full of the pet fee. Rentals that are pet friendly, will have an additional $45 per pet fee that applies. Max 2 pets per property. Pets must be crated if left alone for any length of time. All pet waste must be cleaned and picked up by Tenant prior to departure, contained properly inside a securely tied and sealed waste bag, and disposed of in the exterior garbage receptacle (if provided) or taken with Tenant at or before checkout. Those with pet allergies should notify us to verify if pets have been present at the property. Absolutely no cats, birds, or exotic animals are permitted.
WEATHER: Our areas can see extreme weather conditions during any season. We are not liable for any loss due to travel conditions. This includes traveling to and from our properties. Please be aware our temperatures can drop to -40º depending on location. Bring proper attire for such conditions. We will try to keep driveways and decks clear for each renter, but please be aware we cannot control snow/ice levels or snow removal companies. Our county removes snow from the Highways and major roadways first, side roads second. Each subdivision and Homeowner contracts with private companies to remove snow from their property. We will do our best to make arrangements for timely snow removal prior to your arrival and before your departure. We make no guarantee or warranty for inclement weather. Real estate travel insurance is available to you. There shall be no refunds of rents due to shortened stays or ruined expectations because of weather conditions. Mountain and coastal roads can be curvy and steep. Gravel and paved drives are well maintained; however, we highly recommend four wheel drive and/or chains during the snow months. We do not refund due to road conditions or inclement weather.
FIREWORKS: Tenant agrees that Fireworks and other hazardous materials shall not be used in or around the property.
FIRE and CARBON MONOXIDE: The property has fire alarms installed and they are believed to function properly at the time of rental. Tenant will notify management without delay if a fire alarm “chirps” or has a low battery condition. Tenant is advised that there is no carbon monoxide detector on the property and accepts the risk involved in not having one.
OUTAGES: We occasionally experience outages that are beyond our control. PPI may report outages as each occurs. No refunds or compensation will be given for any outages.
TELEPHONE / INTERNET: Most units are equipped with a telephone to be used for local calls only. You must use a calling card or call collect when making long distance telephone calls. Should long distance calls inadvertently be charged to the property Owner, Tenant agrees to pay for calls plus a $20 processing fee on your form of payment on file. PPI is not responsible for the operation or maintenance of DSL or other high speed internet services. Emergency medical and police service can be called by dialing 911. High speed wireless internet is provided as a convenience only and is not integral to the agreement. No refund of rents shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to internet service.
HOT TUB: Tenant hereby acknowledges that if the property they have reserved includes a hot tub, the undersigned is fully aware that the hot tub and surrounding patio/deck can be dangerous; that the deck/patio can be slippery when wet and that injury is likely to occur to anyone who is not careful. Tenants should observe and adhere to all rules and policies as posted at the property. With full knowledge of the above facts and warnings, the undersigned accepts and assumes all risks involved in or related to the use of the hot tub and deck/patio areas. No children are permitted in hot tubs at any time without adult supervision. When using the hot tub, remember there is a certain health risk associated with this facility. Use at your own risk. Our housekeepers drain, sanitize, refill and replenish chemicals in all hot tubs prior to your arrival; therefore, it may not be warm until later that evening. Do not stand or sit on hot tub covers. Hot tub covers are for insulation purposes and are not designed to support a person or persons. They will break and your form of payment on file may be charged for replacement. Remember when not using the hot tub, leave cover on so hot tub will stay warm.
WATER AND SEPTIC: The property may be on well and septic systems. The mineral content in the water may be high. During a drought, the well water may have an odor. Septic systems are very effective; however, they will clog up if improper material is flushed. Do not flush anything other than toilet paper. No feminine products should be flushed at anytime. If it is found that feminine products have been flushed and clog the septic system, you could be charged damages of lost rents, repair, cleanup, and septic pumping to your form of payment on file.
NOISE: The Tenant shall behave in a civilized manner and shall be good neighbors respecting the rights of the surrounding property Owners. The Tenants shall not create noise or disturbances likely to disturb or annoy the surrounding property Owners. Creating a disturbance of the above nature shall be grounds for immediate termination of this agreement and Tenants shall then immediately vacate the premises. Quiet hour starts at 10:00 p.m. and pool and outdoor noise should be kept to a minimum.
SUBLET: The Tenant shall not sublet the property.
VALUABLE ITEMS: Any item left behind by Tenant will be held for the Tenant and every reasonable effort will be made to contact the Tenant for return. If items are not claimed for longer than twenty-one (21) days they shall become the property of the PPI. PPI shall not be held liable for condition of said items.
MAINTENANCE: PPI will diligently attempt to address maintenance issues as they occur. There is an associated risk of renting a single family residence or condo. If a maintenance issue occurs that cannot be fixed in a reasonable amount of time, and significantly affects the Tenant’s stay; PPI reserves the right to refund at their discretion or relocate Tenants to another property.
SUPPLIES: The property is, unless otherwise noted on our website, equipped and set up as a fully furnished property that will include bedspreads, linens, blankets, pillows, towels, a fully equipped kitchen, TV, furnishings. Minimal paper products are supplied, but will not be replaced if consumed. Tenant is responsible for replacing stocked items as they are consumed. PPI will not reimburse Tenant for any out of pocket expense. PPI may not have all the items you may be accustomed to having in your home. If there is a special type of item you are accustomed to using please provide for those items by bringing them with you. Occupancy is based on sleeping capacity; each home may not have ample dining/living room seating to match bed capacity. Tenant should bring personal items such as bath soap, shampoo and toiletries. Extra towels are always recommended for homes with hot tubs.
SALE / CANCELLATION CONTINGENCY: In the event the home that that you have reserved is or becomes for sale, unavailable, or a party enters into contract to exchange title, PPI reserves the right to provide the Tenant with a comparable property at no additional cost to the Tenant, move the Tenant to a different property where the Tenant’s funds paid will be applied to the new balance, or cancel Tenant’s reservation. Showings during occupancy are by appointment only and with Tenant’s approval. PPI reserves the right to cancel any reservation at their discretion for any reason, or no reason at all, and at any time with a forty-eight (48) hour notice prior to arrival. Should PPI cancel a reservation, the Tenant shall be refunded in full and without penalty.
HOMEOWNER ASSOCIATIONS: PPI can not warranty amenities provided through home-owner associations, including, but not limited to pools, hot tubs, club houses, tennis courts, golf facilities, and picnic and beach facilities.
USE: Tenant shall use the property for legal purposes only and other use, such as but not limited to, illegal drug use, abuse of any person, harboring fugitives, etc., is strictly prohibited. If noticed, these items shall cause termination of this agreement without refund of rents or payments.
GOVERNING LAW, FORUM SELECTION, AND ATTORNEY'S FEES: This agreement shall be governed by the laws of the state of Wyoming. Furthermore, each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in Wyoming, as applicable, for any matter arising out of or relating to this Agreement. If Tenant files a legal action in a jurisdiction other than Wyoming, Tenant agrees to pay PPI its reasonable attorney's fees PPI incurred in enforcing this forum selection clause.
INDEMNIFICATION: Tenant agrees to indemnify and hold Homeowner harmless from any liability for personal injury or property damage sustained by Tenant or parties invited onto the property by Tenant. The Tenants and Tenants' Tenants shall hereby indemnify and hold harmless the Landlord against any and all claims of personal injury or property damage or loss arising from use of the premises regardless of the nature of the accident,injury or loss. Tenants expressly recognize that any insurance for property damage or loss which the Landlord may maintain on the property does not cover the personal property of Tenants, and that Tenants should purchase their own insurance for Tenants and Tenants if such coverage is desired.
ENTIRE AGREEMENT: This Agreement constitutes the entire agreement of the parties and supersedes all prior or contemporaneous oral or written agreements concerning this subject matter. Tenants agree to pay all reasonable costs, attorney's fees and expenses that shall be made or incurred by PPI or Landlord enforcing this agreement. Tenants expressly acknowledge and agree that this Agreement is for transient occupancy of the Property, and that Tenants do not intend to make the property a residence or household.
EXPRESS INDEMNITY: The undersigned, for himself/herself, his/her heirs, assignors, executors and administrators, fully releases and discharges PPI and the property Owner from any and all claims, demands, and causes of action by reason of any injury or whatever nature which has or have occurred, or may occur to the undersigned, or any of his/her Tenants as a result of, or in connection with the occupancy of the premises and agrees to hold PPI and property Owner free and harmless of any claim or suit arising there from. In any action concerning the rights, duties or liabilities of the parties to this agreement, their principals, agents, successors or assignees the prevailing party shall be entitled to recover reasonable attorney fees and costs.
ENTIRE CONTRACT: Time is of the essence. All prior agreements between property owner and Tenant are incorporated in this Agreement, which constitutes the entire contract. It is intended as 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. The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach. This Agreement shall be governed and construed in accordance with the laws of the State of Wyoming and shall have personal jurisdiction over the parties and the county in which the Premises is located shall be the forum for any legal action brought in relation to this Agreement.
GUEST VERIFICATION: I give permission to SafelyStay, Inc., to perform due diligence on my party, including identity verification and criminal background checks, in order to confirm my reservation. Complete terms regarding guest verification can be found at www.safelystay.com/terms-of-use.
TRUST AND SAFETY: The SafelyStay, Inc. Trust and Safety Fee includes up to $10,000 of coverage for contents damage and up to $100,000 coverage for property damage and bodily injury. Complete terms regarding the Trust and Safety coverage can be found at www.safelystay.com/kabino. The Trust and Safety Fee is refundable only if the reservation is canceled in writing at least twenty-four (24) hours prior to arrival date. Any deductible will be the responsibility of the Tenant, and PPI will process using the form of payment on file for Tenant.
Inclusive offerings. Rental Unit Damage Protection plan covers unintentional damages to the rental unit interior that occur during your stay, provided they are disclosed to management prior to check-out. The policy will pay a maximum benefit of [Purchased Policy Limit]. Any damages that exceed [Policy Limit] will be charged to the form of payment on file. If, during your stay at one of our Rental Properties, an Insured Person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of [Policy Limit]. Certain terms and conditions apply. Full details of the Rental Unit Damage Protection coverage are contained in the Certificate of Insurance or Insurance Policy. The Rental Unit Damage Protection can be purchased up to, and including at, check-in. submitting payment for this plan, you authorize and request Travel Protection and Insurance Services to pay directly PPI any amount payable under the terms and conditions of the Rental Unit Damage Protection. Please contact PPI directly if you do not wish to participate in this plan or assignment.
Optional offerings. You may purchase a Rental Unit Cancellation Protection plan to safeguard your non-refundable trip costs in case you need to cancel your trip for a covered reason. If purchased, the policy will pay a maximum benefit of [Policy Limit].
PAYMENTS: Tenant shall pay to PPI, an initial payment in the amount of 50% of total booking charges due upon booking reservation, and then a final payment of the balance sixty (60) days prior to arrival. If booking within sixty (60) days of arrival, the full amount of total booking charges due will be required at time of booking. A form of payment will be held on file until departure and property inspection has been performed. If any tax rate changes from the time Tenant reserves the property up to the date of their arrival, PPI reserves the right to automatically charge or refund the Tenant for any difference.
REFUND OF PAYMENTS: Any applicable payments will be refunded to form of payment used to secure reservation, within forty-five (45) days of Tenant’s Check-Out Date. If any amounts are subtracted from Tenant’s payment refund, a complete invoice will be provided to Tenant along with any partial payment refund.
CANCELLATION POLICY: Should you cancel your reservation prior to sixty (60) days of arrival date, you will be refunded your entire initial payment, less a $50 cancellation fee. Should you cancel your reservation within sixty (60) days of arrival, all payments will be non-refundable. If we can re-book the property for any of your original stay dates, we will refund a prorated amount only, based on the recouped value, less a $100 re-booking fee and a $50 cancellation fee. It is our suggestion that you call us immediately to notify us of any changes to your reservation, and all cancellations will need to be in writing as well. We strongly recommend you purchase travel insurance to cover any losses.