Terms and Conditions
VACATION RENTAL AGREEMENT
THIS IS A VACATION RENTAL AGREEMENT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL. Assigned representative, as Assigned representative of the owner, hereby rents to Tenant, and Tenant hereby rents from Assigned representative, the vacation property described in the reservation documents (referred to hereafter as the “Premises”) on the terms contained in this Agreement.
NOTE: We highly recommend the purchase of Travel Insurance at time of booking being made. We offer Rental Guardian Travel Insurance and cost is 7.00% of trip total. Although this insurance is optional, PMI Estes Park Management strongly urges you to consider this insurance, as our policy does not allow refund of rental monies for family emergencies, death, inclement weather, scary driveways, road conditions due to weather, etc. Tenant’s decision with respect to the purchase of Trip Interruption/Travel Insurance will affect Tenant’s right in the event of a mandatory evacuation. See paragraph 9 below.
Disbursement of Rent and Third-Party Fees. Tenant agrees to pay a $25.00 processing fee for any check of Tenant that may be returned by the financial institution due to insufficient funds or because Tenant did not have an account at the financial institution. Tenant also authorizes Assigned Representative to disburse prior to Tenant’s occupancy of the Premises any fees owed to third parties to pay for any goods, services, or benefits procured by Assigned Representative for the benefit of Tenant, including but not limited to any fees set forth herein payable to Assigned Representative for reservation, transfer or cancelation of Tenant’s tenancy.
- Damage Waiver. Damage Waiver is non-refundable All reservations require the payment of a $49.00 Damage Waiver which covers unintentional damages of up to $1,500.00 to the rental unit interior, exterior or surrounding property that may occur during your stay. Damages must be reported to PMI Estes Park prior to checkout. NOTE: Any intentional damages, or unintentional damages that exceed $1,500.00 will be charged to the credit card on file and/or are the responsibility of the guest(s). Damage Waiver does not cover n or release Guest from liability for damage due to the following: (a) intentional, willful, reckless, or malicious acts of Guest or others on the premises during the tenancy; (b) damage by pets; (c) theft from the premises of either Owner(s) property or property belonging to Guest; (d) gross negligence of Guest or intentional misuse of furnishings, appliances, equipment, or other amenities provided with the home; (e) damage caused while under the influence of alcohol or drugs; (f) damages to real property resulting from operation of any motorized vehicle by Guest Any non-covered repairs or replacement costs will be charged directly to the guest(s) credit card on file.
- Tenant Duties. Tenant agrees to comply with all obligations imposed on Tenant with respect to maintenance of the Premises, including but not limited to keeping the Premises as clean and safe as the conditions of the Premises permit and causing no unsafe or unsanitary conditions in the common areas and remainder of the Premises that Tenant uses; and notifying Assigned Representative in writing of the need of replacement of or repairs to a smoke detector, and replacing the batteries as needed during the tenancy. Tenant agrees not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation and may use the Premises for residential purposes only. NO DISCHARGING OF FIREARMS on any rental properties. Tenant’s breach of any duty contained in this paragraph shall be considered material and shall result in the termination of Tenant’s tenancy.
- Occupancy Limits. Unless otherwise stated, occupancy of the Premises shall be limited to two persons per bedroom, including family, children and Tenant guests. Bedding arrangements in the Premises are portrayed only to illustrate possible sleeping arrangements and may not be taken as a representation of permitted occupancy. Tenant agrees to be responsible for ensuring that maximum permitted occupancy of the Premises is not exceeded
during the term of this Agreement and should contact Assigned Representative with any questions regarding permitted occupancy of the Premises.
- Assigned Representative Duties. Representative agrees to provide the Premises in a fit and habitable condition. If at the time Tenant is to begin occupancy of the Premises, Assigned Representative cannot provide the Premises in a fit and habitable condition or substitute a reasonably comparable property in such condition, Assigned Representative shall refund to Tenant all payments made by Tenant. Assigned Representative shall conduct all transaction activities regarding this Agreement without respect to the race, color, religion, sex, national origin, handicap, familial status, sexual orientation or gender identity of any tenant.
- Cancelation. In the event of a cancelation by Tenant; if a confirmed reservation is canceled or transferred at least 60 days prior to arrival, a processing fee of $50.00 plus applicable Colorado State Sales Tax will be charged against the Advance Deposit. If the cancellation occurs less than 30 days prior to arrival, all funds received will be forfeited. If the Premises are not re-rented on the terms set forth herein, Tenant will not be entitled to a refund of any rent payment made hereunder. Whether or not the Premises are re-rented, Tenant, rather than Assigned Representative, shall be responsible for seeking reimbursement of any fees paid by Tenant to Assigned Representative for goods, services, or benefits procured by Assigned Representative from third parties for the benefit of Tenant that may have been paid out prior to Tenant’s cancelation.
If the owner voluntarily transfers the Premises, Tenant has the right to enforce this Agreement against the grantee of the Premises if Tenant’s occupancy under this Agreement is to end 180 days or less after the grantee’s interest in the Premises is recorded. If Tenant’s occupancy is to end more than 180 days after such recordation Tenant has no right to enforce the terms of this Agreement unless the grantee agrees in writing to honor this Agreement. If the grantee does not honor this Agreement, Tenant is entitled to a refund of all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed). Within 20 days after transfer of the Premises, the grantee or the grantee’s Assigned Representative is required to: (i) notify Tenant in writing of the transfer of the Premises, the grantee’s name and address, and the date the grantee’s interest was recorded; and (ii) advise Tenant whether Tenant has the right to occupy the Premises subject to the terms of this Agreement or receive a refund of any payments made by Tenant. However, if the grantee engages Assigned Representative to continue managing the Premises after the transfer, the grantee shall have no obligation under (i) or (ii) above and this Agreement must be honored or if the grantee agrees in writing to honor this Agreement.
Upon termination of the owner’s interest in the Premises, whether by sale, assignment, death, appointment of a receiver or otherwise, the owner, owner’s Assigned Representative, or real estate Assigned Representative is required to transfer all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) to the owner’s successor-in-interest within 30 days and notify Tenant by mail of such transfer and of the transferee’s name and address. However, if Tenant’s occupancy under this Agreement is to end more than 180 days after recordation of the interest of the owner’s successor-in-interest in the Premises, and the successor-in-interest has not agreed to honor this Agreement, all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) must be transferred to Tenant within 30 days.
If the owner’s interest in the Premises is involuntarily transferred prior to Tenant’s occupancy of the Premises, the owner is required to refund to Tenant all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) within 60 days after the transfer.
- Mandatory Evacuation. If State or local authorities order a mandatory evacuation of an area that includes the Premises, Tenant shall comply with the order. Upon compliance, Tenant will be entitled to a refund of the prorated rent for each night that Tenant is unable to occupy the Premises because of the order. However, Tenant will not be entitled to a refund if, prior to taking possession of the Premises: (i) Tenant refused insurance offered by Assigned Representative that would have compensated Tenant for losses or damages resulting from loss of use of the Premises due to a mandatory evacuation order, or (ii) Tenant purchased such insurance from Assigned Representative.
- Expedited Eviction. If the tenancy created hereunder is for 30 days or less, the expedited eviction procedures set forth will apply. Tenant may be evicted under such procedures if Tenant: (i) holds over in possession after Tenant’s tenancy has expired; (ii) commits a material breach of any provision of this Agreement (including any addendum hereto) that according to its terms would result in the termination of Tenant’s tenancy; (iii) fails to pay rent as required by this Agreement; or (iv) has obtained possession of the Premises by fraud or misrepresentation.
- Indemnification and Hold Harmless; Right of Entry; Assignment. Tenant agrees to indemnify and hold harmless Assigned Representative and the owner from and against any liability for personal injury or property damage sustained by any person (including Tenant’s guests) as a result of any cause, unless caused by the negligent or willful act of Assigned Representative or the owner, or the failure of Assigned Representative or the owner to comply with the Vacation Rental Act. Tenant agrees that Assigned Representative, the owner or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations or improvements thereto as Assigned Representative or owner may deem appropriate, or to show the Premises to prospective purchasers or tenants. Tenant shall not assign this Agreement or sublet the Premises in whole or part without written permission of Assigned Representative.
- Check-in Time. Check-in time is 4 p.m. (Mountains Standard Time) or anytime thereafter. No guaranteed check-in prior to 4:00 p.m. Please do not enter the home before the check-in time. Check-ins are monitored through a software integration system that alerts us of entry. Any attempts/early entry without permission will result in your reservation being charged a $100 fee. Early check-in of 2:00 pm for $100, if available, can be authorized directly with reservations from October 15-May 15. We urge you to check in during normal business hours so we are available to help you locate your rental if needed and if there are any problems with your rental home so that we may address them the first day of your stay. If arriving after hours, please note that non-emergency related items will be addressed the following morning. Late arrivals should be avoided if possible as assistance locating your vacation property is not available after 9:00 pm. **Under no circumstance shall anyone in your party arrive at the home prior to normal check-in time unless prior arrangements have been made and authorized.
- Check-out Time. Checkout time is 10:00 a.m. (Mountain Standard Time). Late checkouts of 12:00 pm may be requested directly with reservations from October 15 - May 15 for $100 fee. If a late check out of later than 10:00 AM MST occurs without prior permission, your reservation will be charged a $100 fee. Checkouts after 12:00 p.m. will be charged the applicable daily rate. No proration available.
- Advance Deposit / Balance Due. All direct bookings through PMI Estes Park requires an advance deposit of 50% of the total rental amount must be received in order to confirm your reservation. Checks are not accepted. All payments are by Credit or Debit card only (Master Card, Visa or Discover Card). The remaining balance will be charged to the credit card on file 30 days prior to your arrival date. For reservations made less than 30 days before your arrival date, payment in full by MasterCard, Visa, or Discover is required at time of reservation. If full payment has not been received 30 days prior to the arrival date and arrangements have not been made for a late payment, we will consider the reservation canceled. While we will make every attempt to make contact prior to the 30 days, payment responsibility rests with the guest.
- Travel Insurance. PMI Estes Park highly recommends you purchase travel insurance/trip interruption insurance to protect your trip and your investment and is pleased to offer Rental Guardian Travel Insurance. This insurance is available at a rate of 7.00% of your total rental amount. Payment for this insurance is due with your initial rental deposit payment. Although this insurance is optional, PMI Estes Park strongly urges you to accept this insurance, as our policy does not allow refund of rental monies for family emergencies, death, inclement weather, road conditions due to weather, etc.
- Occupancy. Each rental lists the maximum occupancy and number of beds available. Please consider all members of your family when making your reservation. Our properties are rented to family groups only and persons over the age of 25. If the number of occupants exceeds the reservation number, PMI Estes Park reserves the right to refuse occupancy or have the property vacated with no refund of rent. Please refer to a copy of the lease, which will be provided and is hereby incorporated by reference. We do not allow fraternities, sororities, school groups, or any group with the intent of having a party. Our homes are intended for family vacations. House parties or events are strictly prohibited.
- Pets. Some homes are pet friendly and are so noted. Pet friendly properties accept up to two (2) dogs. “Visiting” pets are not allowed. It is your responsibility to clean up and properly dispose of any pet waste created by your pet. Any guest found with a pet in a home that is not pet friendly will be required to vacate the premises without refund. This is strictly enforced.
- Smoking. All of our homes are “NO SMOKING.” Some homes will allow smoking on outside decks and
porches only; please do not discard smoking material on the grounds. Smoking inside any of our homes will
result in eviction and forfeiture of rent plus a $1,000 fine. Smoking is not allowed inside any of our units.
Smoking is not allowed outside by any open window/door. Smoking is permitted on balconies as long as the
doors and windows are closed. Please respect our policy on this.
- Trash Removal. The Arrival / Departure Instructions posted at the home will detail proper disposal. ALL TRASH MUST BE IN BAGS, kitchen size bags or larger AND TIED CLOSED. No LOOSE GARBAGE in CANS! Make arrangements in advance if you would like for us to remove bagged trash during your stay from the home for your convenience. Minimum charge is $25.00 plus $2.00 per bag.
- Parking. Due to our mountainous region, parking for each rental home is limited. Please observe the
parking limitations as posted under each rental listing. No more than (3) vehicles are allowed at any
property. Please contact our office if you have special parking needs. No changes or refunds given due to fear
of heights, roads or driveways.
- Property Equipment. Each rental property is privately owned, each has met our basic inventory
requirements, and each is decorated and furnished according to the taste of the Owner. All properties
include basic furniture and the list of standard equipment. Please be respectful and treat our homes with
care and consideration. The person making the reservation for the rental assumes full responsibility for the
actions of all guests occupying such rental home and accepts full responsibility of payment of any charges,
extra cleanup, damages (non-accidental in nature), et cetera. DO NOT ALLOW CHILDREN TO JUMP ON
BEDS/FURNITURE OR PLACE HANDS/FEET ON PAINTED WALLS. DO NOT move any furniture around in the units; please leave everything as you found it. Most homes have locked closets, or utility areas that are not included in the rental. Please respect the privacy of these areas.
- Pool Tables. Select units have pool tables. Please use care when using the pool table in your unit. There will
be a $50.00 minimum charge to replace broken pool sticks. If the felt on the pool table is damaged a fee of
no less than $350.00 will be charged.
- Hot Tubs and/or Jacuzzis. Some units come with hot tubs. There is a $49 fee charged for each reservation
made at any unit with a hot tub. Do not use foaming (such as bubble bath, etc.) of any kind. They may cause
severe damages to the mechanical parts of the tub and you will be charged a cleaning fee of $50.00 for the
removal of the foaming. Additionally, you will be charged for any damages to the tub as a result of the
foaming. For Jacuzzis or whirlpools, please do not turn on the timer switch for the jets until the tub is filled
above the jets, for this will air-lock your jets or burn out the monitor, either of which result in you being
billed for the damage. Hot tub covers are not to be walked on (even by small children), sat upon, or used as
sleds. The cost to repair or replace these covers start at around $300.00. You will be charged for any
damages caused by misuse or carelessness.
- Insects. Guests may occasionally encounter small amounts of ladybugs, flies, bees, wasps, etc. A licensed
pest control company professionally treats each unit on a regular basis, however you are visiting a
mountainous area and occasionally pests make their way inside. No refunds or discounts given in these
instances.
- Good neighbor policies. Many of our rental properties are located in mix use neighborhoods that include
short term guests and year-round residents. Please be considerate and respectful of neighboring properties
and their rights to privacy and quiet enjoyment. Please observe quiet times from 10 pm each evening to 7
am each morning. NO DISCHARGING OF FIREARMS at rental properties. Do not trespass or use items or
amenities belonging to another property. The person making the reservation for the rental assumes full
responsibility (legally and financially) for the actions of all quests occupying such rental home.
- Grills. Gas grills have been very difficult to maintain due to abuse and failure to clean by the previous guests.
We will make every effort to ensure the grill is clean and if propane, the tank is adequately full prior to your
arrival. No charcoal grills are allowed at any of our properties.
- Transfer. If circumstances require (including, but not limited to, power outage, well issue, etc.), PMI Estes
Park reserves the right to substitute comparable accommodations. If comparable accommodations are
not available, then guest may choose form available properties at the published rate or receive a refund.
- Standard Provisions. Minimum standard provisions provided include kitchen wares, linens, towels,
wastebaskets, starter packs of shampoo, bar soap, coffee etc. An initial set up of trash can liners, toilet
tissue and paper towels (at the kitchen sink) will be provided. You will also find dishwashing soap and dish
detergent under kitchen sink.
- Housekeeping. All rentals include cleaning and linens. Rates quoted for each rental property do include
linens and cleaning service before and after your stay. Upon Departure guests are required to put dishes in
dishwasher (if applicable) and run, take out trash and dispose of as indicated on instructional sheet posted
in home, remove all personal items from rental property, remove all food items from
refrigerator/cupboards. The home should be left in the state in which it was found. Additional fee(s) of $25
will be charged if these steps are not taken prior to departure or if the property is left in an unacceptable
condition. Mid-week Maid. This service is available if you require a mid-week cleaning. Please contact PMI
Estes Park for rates.
- Water and Septic. Most of the homes in our remote location are on well and septic systems. Septic systems
are very effective; however, they will clog up if improper material is flushed at any time. Feminine
products/baby diaper wipes/adult flushable wipes, will clog systems and cause damage, ALL such items
MUST be disposed of in trash containers rather than by flushing. Private wells occasionally have a harmless
yet distinct odor.
- No Rebates / No Refunds. No refunds will be made for breakdown or malfunction of appliances (TV, VCR,
DVD, Air Conditioner, Heater, Jacuzzi, Hot Tub, etc.) although every effort will be made to secure timely
repairs. NO REFUNDS OF ANY KIND WILL BE GRANTED FOR INCLEMENT WEATHER, power outages,
water, cable/satellite outages, the occasional pest (dead or alive), and location of rental home, type of
roadways or driveways leading to your vacation property. We encourage you to purchase travel insurance.
We reserve the right to substitute comparable accommodations without notice or liability should the unit
be out of order. IF a refund is agreed upon, it will be given within 45 days time.
- Lost and Found. We make every effort to locate and return lost items but will not be responsible for things
you lost that we don’t find! When you leave something behind, call PMI Estes Park and we will return it if
we find it! We urge you to look over the home thoroughly to collect your belongings. There is a $25.00 fee
plus postage for returning items. Lost and found items unclaimed after 30 days are turned over to local
charities.
- Repairs and General Maintenance. It is the goal of PMI Estes Park to provide you with a trouble-free vacation; but as we all know things will break or stop running unexpectedly. PMI Estes Park has contracted with several full-time repair companies. While we cannot guarantee HVAC systems, water heaters, and other appliances, we do guarantee that repairs will be made in a timely manner. Tenant agrees that Tenant has received and thoroughly read this document, and that they shall constitute an integral part of this Agreement. Governing Law; Venue. The parties agree that this Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, and that in the event of a dispute, any legal action may only be instituted in the county where the Property is located.
Thank you, for choosing a PMI Estes Park Vacation Home. We look forward to your arrival and will do
everything possible to provide you a wonderful and worry-free stay!
