Rental Agreement In consideration for being permitted to enter and use premises and property for vacation rental or any other purpose, the Guest(s) acknowledges, agrees, and represents that they have or will immediately upon entering, and will continuously thereafter, thoroughly inspect such areas and their continued presence constitutes an acknowledgment that they have inspected every used and occupied aspect of the property and they find and accept such areas as being safe and reasonably suited for the purposes of their use. The Guest(s) further agree that if, at any time, they believe anything to be unsafe, they will immediately leave the area and advise the appropriate persons including the Host. The Guest(s) agree on their own behalf and on behalf of their invitees that they are fully responsible for any and all risks of injury or death that may arise from use and occupancy of the property and the premises. Guest(s) and their invitees hereby release and hold harmless Hosts CJ Ciddio, Shawna Ciddio, Jesse Ciddio and Joshua Ciddio, and their principals, agents, officers, employees, and representatives. (Collectively, “Releasees”). The Guest(s) agree to fully and forever release and discharge, and not to sue Releasees for any injuries or damages, including bodily injury or property damage that may result from or be related in any way to my rental and stay at the Property. I further agree to indemnify and defend Releasees, through their own choice of counsel, against any and all claims arising out of or related in any way to my rental of the property, including claims by third parties. The Guest(s) agree that any claims arising out of their rental and occupancy of the property and any claims of damage or injuries at the property will be determined by binding arbitration under the laws New Mexico. Guest(s) understand that they, as well as Releasees, are waiving the right to a jury trial. The Guest(s) have read and understand this Rental Agreement. The Guest(s), by entering and using the property and premises, voluntarily accepts the terms of this Rental Agreement, and further agrees that no oral representations, statements, or inducements apart from the foregoing written agreement have been made.
Cancellations: Guest(s) further agree that they have reviewed and accepted the terms and policies stated on the Rates/Reservations page. If there are any uncertainties, please purchase one of the vacation protection plans offered by the billing company. Options are offered to purchase protection plans when reserving. Cancellation policy is strictly adhered to and no refunds can be given.
Code of conduct rules must be followed by Guest(s) and their invitees at all times. Inappropriate conduct /behavior includes but is not limited to: violence, verbal or physical abuse, violating any part of this Rental Agreement, act or acts that threaten the safety to others, loud music, repetitive noise that disturbs others, the performance of unauthorized services, programs or gatherings, etc. Violation of these rules may result in Guest(s) and their invitees being asked to leave with no refund.
Other Terms and Conditions:
- RENTAL BOOKING TRANSACTION – You are entering into a rental agreement directly with the owner or manager of the home.
- PAYMENT TERMS & CANCELLATION – The non-refundable down payment and balance due terms are explained in the Payment Terms section on the checkout web page for the home. Please review these terms carefully. You may cancel your booking at any time, however, all amounts paid are non-refundable. Owner or manager are not authorized to make exceptions to these terms.
- HOUSE RULES – The Rental may have specific rules regarding large groups, parties, pets, smoking, etc. These rules are detailed in the Property Description section of the Rental listing, and/ or Appendix A attached hereto, and are incorporated into this Rental Agreement. Please review these terms carefully, as violation may result in additional fees or eviction without refund. Owner /Manager is not authorized to make exceptions to these rules.
- ARRIVAL DETAILS & CHECK-IN/CHECK-OUT – Once your booking has been paid in full, you will receive contact information for the primary contact for your stay (your “Local Contact”). Your Local Contact can help you arrange your arrival and check-in, coordinate any maintenance needs, etc. Check-in and check-out times will be confirmed with your Local Contact and communicated in a pre-stay communication at least 10 days prior to your arrival. Please also communicate your expected arrival time to your Local Contact. In the absence of contact your check in time is 4pm and check out time is 11am.
- DAMAGE & INSURANCE – Wherever possible, in lieu of a security deposit, owner / manager charges a mandatory fee for third-party accidental rental damage insurance. This fee and the related terms, conditions and coverage amounts are detailed on the Booking Details section of the checkout web page and are incorporated into this Rental Agreement. If for any reason third-party accidental rental damage insurance cannot be issued for your stay, your Host reserves the right to collect a deposit (the “Security Deposit”) to protect against damages. If applicable, the Security Deposit will be detailed on the Booking Details section of the checkout web page and shall be refunded within 15 days of your departure date provided no deductions are made due to A) damage to property or furnishings, B) dirt or other mess requiring excessive cleaning, or C) any other costs incurred by your Host as a result of your stay. Any damage to the Vacation Rental must be reported to the Local Contact before check-out. Damage not covered by, or exceeding the coverage limit of, the accidental rental damage insurance or Security Deposit, is your full responsibility. You grant your Host the right to charge the credit card number used to book the Vacation Rental for any such damages, including, but not limited to, additional cleaning fees. To ensure that the proper party is held responsible, please notify your Local Contact of any damages found at check-in.
- FEES & ADDITIONAL SERVICES – Your Host is required to disclose all mandatory booking-related fees in the Residential Rental listing. In some cases, however, your Host may have optional fees and services (e.g., to heat a swimming pool in the winter). Should you opt into any of these services and related fees your Host will provide payment details.
- MAXIMUM OCCUPANCY – The maximum number of people that may occupy the Rental is indicated in the listing. This rule applies to day visitors and children as well. Unless otherwise approved by your Local Contact or Host, occupancy over the indicated capacity may result in eviction and forfeiture of amounts paid. Owner / Manager is not authorized to make exceptions to these terms.
- MAINTENANCE – Your Host cares very much about their Residential Rental and strives to keep it in excellent shape. If you notice any problems or maintenance issues, please notify your Local Contact immediately.
- CANCELLATIONS BY YOUR HOST – In the event that your Host has to cancel your booking for any reason you will be notified as quickly as possible and refunded 100% of any amounts paid. We highly recommend that you purchase trip insurance to protect against certain types of cancellations, among other risks. Owner / Manager is not responsible or liable for cancellations by your Host / Owner / Manager.
- CLEANLINESS – You are expected to treat the Residential Rental with respect, keeping in mind that this is an individual’s home, not a hotel room. Even in cases where a cleaning fee is charged, you are expected to leave the Rental in a clean, neat and orderly condition.
- INDEMNIFICATION & HOLD HARMLESS – You agree to indemnify and hold harmless your Host, and Owner / Manager, for any liabilities, damage, cost or expense whatsoever arising from or related to any claim in connection with your use and/or occupancy of the Rental, including, but not limited to, any claim or liability for personal injury, damage, loss of personal belongings or theft of property which is made, incurred or sustained by you and/or anyone you invite to use the Vacation Rental as your guest.
- ATTORNEY’S FEES & COSTS – If your Host / Owner / or Manager employs the services of an attorney or attorneys to enforce any conditions of this Rental Agreement, you shall be liable for reasonable attorney's fees and costs incurred.
- FALSIFIED BOOKINGS – If your booking was made under false pretense, including, but not limited to, a falsified name, age or size of party, you will be subject to immediate eviction and forfeiture of all amounts paid.
- HOST ACCESS – If requested, you shall allow your Host / Owner / or Manager access to the Rental during your stay. Your Host / Owner / or Manager shall exercise this right of access in a reasonable manner.
- GENERAL TERMS – If any section, clause, paragraph or term of the Rental Agreement is held or determined to be void, invalid or unenforceable, for any reason, all other terms, clauses or paragraphs herein shall be severed and remain in force and effect. This Agreement is taken in full compliance with federal, state and local Fair Housing Laws, without regard to race, color, religion, sex, country of origin, handicap or familial status.
Appendix A – ADDITIONAL HOUSE RULES
- No smoking inside the residence
- All pets must be picked up after and crated if leaving home for the day.
- All persons staying in the home must be accounted for at the time of rental acceptance.
- No more than 12 adults may occupy the property at one time.
- It is encouraged that you park inside the garage or in the driveway. Street parking should only be used as a last resort.
- City ordinance for noise must be adhered to.
(A) The playing of any radio, television, phonograph, musical instrument or other sound producing machine in such a manner or with such an unreasonable volume as to disturb the quiet, comfort or repose of persons in any dwelling, motel, hotel, hospital or sanitarium.
(B) Residential Reasonable hours are 8am-10pm
(C) If a citation is issued by regulatory police tenant will promptly
pay the fine incurred which is a minimum of $250.00.
- Any violation of the house rules, tenant forfeits deposit immediately