AirBnb - SHORT-TERM OCCUPANCY AGREEMENT

This Short-Term Occupancy Agreement (this “Agreement”) constitutes a contract by and between the undersigned person (“You”, “Guest”) and Vivid Vacation Rentals, LLC. (“VVR” “Agent”) and is in addition to any agreement you have with AirBnB.

TERM. The “Term” of occupancy shall commence at 4p.m. on Date of Arrival and shall end at 10 a.m. on Date of Departure.

DEPOSIT. AirBnB processes all payments and deposits. If you have any question about your deposit or payment you’ll need to contact AirBnB directly.

LONG-TERM CANCELLATION POLICY. FIRM Full refund up to 30 days before check-in. After that, the first 30 days of the stay are non-refundable.

OPTIONAL SAFELY COVERAGE* Guests have the option to purchase SafelyStay Coverage as an alternative to paying a Damage Deposit - see “Security/Damage Deposit”.
The SafelyStay, Inc. Trust and Safety Fee includes up to $5,000 OR $10,000 of coverage for accidental contents damage and up to $100,000 OR $1,000,000 coverage for accidental property damage and bodily injury (Depending on Policy). Complete terms regarding the Trust and Safety coverage can be requested at any time or by visiting Safelydotcom.

The Trust and Safety Fee is refundable only if the reservation is canceled in writing at least twenty-four (24) hours prior to the arrival date. Any deductible or minimum claim amount will be the responsibility of the Guest and Vivid Vacation Rentals will process using the form of payment on file for Guest.

This product is intended to cover the cost to repair or replace unintended/accidental damages to real or personal property in and of the Property that occurs during the Guest term of occupancy/rental period.  Guest agrees to disclose any damages that occur during Guest term of occupancy at the time of incident and/or no later than the time of Guest departure. The product is not intended for and does not cover any incident or damages that is/are determined to be frivolous or intentional or by cause of overuse, misuse, abuse, recklessness OR negligence, OR damage caused by undisclosed guests of Guest RO undisclosed animals/Pets OR violating any of the terms of this Occupancy Agreement. Bed, bath and kitchen linens ARE NOT covered. Tampering with any equipment wiring, plumbing, electrical or audio visual equipment, IS NOT covered.

If purchased the SafelyStay Coverage will cover a maximum amount/limit of: POLICY 1: $150.00 - $5K Accidental Contents | $100K Accidental Property Damage and Bodily Injury POLICY 2: $180.00 - $10K Accidental Contents | $1,000,000 Accidental Property Damage and Bodily Injury

Guest agrees and accepts financial responsibility for any/all damages that exceed the Maximum Covered Amount/Limit or that are not covered during Guest term of Occupancy. Guest agrees to make payment per VVR “Accepted Forms of Payment” for any additional amounts owed at the time of receipt of the damage invoice from VVR.

SECURITY/DAMAGE DEPOSIT. Should Guest OPT-OUT of the Optional Security Deposit Alternative, VVR requires a Damage Deposit of $1,500.00 - $10,000.00, which varies by home. VVR will notify Guest of damages within 72 hours of the departure date. Damage Deposit will be refunded at the discretion of VVR in whole or in part within 7 days of departure or once repair/replacement has been completed and total costs of repair have been determined and finalized.

MAXIMUM OCCUPANCY. The maximum occupancy for the rental property is the number the rental property sleeps, including children, as displayed on the VVR website for the property. The number of guests must be pre-approved by VVR; additional charges may apply. If you exceed maximum occupancy you will be in breach of this agreement and will be required to vacate the property and forfeit any remaining deposits.

VISITORS | GUESTS OF GUEST. A Visitor or Guest of Guest is an occupant in the rental property during normal waking hours. Any visitor staying overnight is considered a Guest; additional charges may apply. Any occupancy for daily use in excess of the MAXIMUM OCCUPANCY is a violation of this agreement.

AGREEMENT TO COMPLY WITH ALL RENTAL REGULATIONS. Guest, Guests of Guests and your invitees and visitors must comply with all of the Rental Regulations set forth on Exhibit A to this Agreement. Failure to comply with the Rental Regulations or reservations made under false pretenses will result in loss of all payments made to VVR and probable immediate eviction from the Property, in addition to all other legal remedies available to VVR.

MECHANICAL FAILURES. VVR cannot guarantee against mechanical failure of electrical service, stopped plumbing, water supply, heating, hot tubs, audio visual equipment, computers or internet access, television or appliances. Please report any inoperative equipment to VVR immediately. VVR will make every reasonable effort to have repairs done quickly and efficiently. No refunds or rent reductions will be made due to failure of such items.

DISPLACEMENT. Due to no fault of Guest should Property become unavailable, uninhabitable or inaccessible for any reason, this agreement will be considered nullified. VVR will make reasonable efforts to provide Guest with other available options of equal caliber and value. Should no other property be available or should Guest decline options made available, VVR will credit Guest any remaining monies or deposits paid to VVR minus any rents, tax or other fees deemed non-refundable. Guest is responsible for any additional costs when changing to a property of higher caliber and value.

PROPERTIES FOR SALE & REAL ESTATE SHOWINGS. Guest agrees to allow entry for Real Estate Showing where at least 24 hours notice has been provided.

LISTING INFORMATION. Information regarding individual rental properties is believed to be accurate but cannot be guaranteed. Particular furnishings and amenities are subject to change without notice.

ACTS OF GOD. VVR shall not be liable or deemed in default under this Agreement for any failure to perform or delay in performing any of its obligations due to or arising out of any act not within its control, including, without limitation, acts of God.

INDEMNIFICATION. Guest shall indemnify and hold harmless the owner of the rental property and VVR and their respective shareholders, members, officers, directors, employees and agents for any liabilities, theft, damage, personal injury, cost or expense whatsoever arising from or related to any claim or litigation which may arise out of or in connection with you and your invitees’ and visitors’ use and occupancy of the rental property or the failure of you and your invitees or visitors to observe the Rental Regulations.

RENTAL PROPERTY OWNER is a THIRD PARTY BENEFICIARY. You agree and acknowledge that the owner of the rental property is a third party beneficiary of your obligations, representations, warranties and limitations on liability under this Agreement and that the owner of the rental property shall be entitled to all rights and remedies that VVR may have under this agreement.

GOVERNING LAW; VENUE. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of Colorado. Any civil action or legal proceeding arising out of or relating to this Agreement shall be brought in the courts of record of the State of Colorado in San Miguel County.

LIMITATION ON LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL VVR OR THE RENTAL PROPERTY OWNER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR RENTAL. IN NO EVENT WILL VVR OR THE RENTAL PROPERTY OWNER BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNTS ACTUALLY PAID BY YOU IN CONNECTION WITH THIS AGREEMENT, EVEN IF VVR OR THE RENTAL PROPERTY OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

ENTIRE AGREEMENT. This Agreement and Exhibit A represent the entire understanding and agreement between you the Guest, VVR and the owner of the rental property with respect to the subject matter of this Agreement, and supersedes all other negotiations, understandings and representations (if any) made by and between such parties.

EXHIBIT A - RENTAL REGULATIONS.

GENERAL. Loud noises, disruptive behavior, parties, trespassing on private property or exceeding occupancy limits is forbidden. Large groups spanning multiple homes or functions such as college groups, weddings, wedding- related events, reunions or special events are not permitted under this agreement.

CHECK-IN / CHECK-OUT TIMES / EARLY ARRIVAL / LATE DEPARTURE/HOLDOVERS. Check-in time is 4:00 p.m. Check-out time is 10:00 a.m. Early Arrivals, Late Departures/Holdovers are at the sole discretion and must be approved in writing/email/text by VVR management. Early Arrival: We’re happy to let guests check in before 5 p.m. so long as it does not conflict with a departing guest, necessary maintenance or housekeeping.
Late Departure/Holdovers: In the event of a Late Departure/Holdover not approved in writing by VVR management you are financially responsible for any/all associated fees and charges necessary to accommodate or re-accommodate an arriving guest.

FOOTWEAR | SKI BOOTS | RECREATIONAL EQUIPMENT. All outdoor footwear should be removed before entering Property. Ski boots damage surfaces and should not be worn inside Property. Recreational equipment including but not limited to bikes, skis/snowboards, poles, climbing gear should not be stored inside Property. Guest is responsible for any damage or additional cleaning.

HOUSEKEEPING. ADDITIONAL CLEANING. EXCESSIVE DEPARTURE CLEANING & LAUNDRY. DAMAGED LINENS. Prior to your arrival the property has been carefully cleaned and readied for your stay. Additional Cleaning/Mid Stay Clean: Additional cleaning services are available and billed at $55/hourly, per housekeeper, 3 hour minimum and must be scheduled in advance. Excessive Departure Cleaning & Laundry: Guest agrees to and is responsible for any/all cleaning and laundering that exceeds the average cleaning time and that is required due to excessive or overuse. Excessive Cleaning is billed at 2X’s the per-person cost. Excessive Laundry is billed at cost + 100% mark-up.

PROVIDED LINENS. Property is furnished with bed linens, bath towels and kitchen towels.

PROVIDED STARTER SUPPLIES. Property is stocked with a starter supply of shampoo, conditioner, liquid body wash, liquid hand soap, hand lotion, laundry detergent, fabric softener, paper towels, kleenex, toilet paper, trash bags, dish soap and dishwasher detergent.

The kitchen is not pre-stocked with staples or spices, however for your convenience you may find condiments, spices that you are welcome to use during your stay. A restocking fee (varies depending on size of property) will apply for requests to restock any supplies.

HOT TUB. (Applicable Properties). Prior to your arrival the hot tub has been serviced and water chemistry has been balanced to recommended levels. When using the hot tub please be sure follow these recommendations and do the following: Use at your own risk. Remember there are certain health risks associated with use No children under the age of 10 permitted in hot tubs at any time without adult supervision. No glass in or around the hot tub.
Anyone using the hot tub should rinse off in the shower before and after using. Just a quick rinse before using and a normal shower using soap afterwards. Keep your time in the hot tub between 10-15 minutes max. Replace/Leave cover on when not using. After using place two (2) scoops Spa 56 Granules (provided) + 2 scoops Renew Granules (provided) over the filters to keep water sanitized. If the water becomes questionable at anytime you must refrain from use and call to have service completed. Better safe than sorry. Guest is responsible for the cost of any additional service, draining, or cleaning necessary as a result of overuse or misuse of during your stay. Hot Tub Folliculitis is a rash that is a common result of overuse (too long in the water)/misuse. This rash can be itchy and uncomfortable and is often confused for bed bugs. Please follow the above recommendations.

FIREPLACE. (Applicable Properties) Any fireplace should only be used safely and for its intended purpose. (1) Propane fired gas box. Please do not throw any paper or other combustible materials in the fireplace or use the fireplace for cooking or drying any materials. (2) Wood fired fireplace. Please do not use any materials other than those reasonably necessary and provided to start a fire, or use the fireplace for cooking or drying any materials.

PETS. NO PETS are allowed in any rental property unless declared and approved by VVR at the time of booking. A Pet Waiver and Additional Pet Cleaning Fee are required. Bringing any undeclared/unapproved animal onto the property or into the rental property will result in immediate forfeiture of your stay and eviction from the property and you will be financially responsible for all additional pet cleaning.

FURNISHINGS | AUDIOVISUAL EQUIPMENT. Furnishings are subject to change without notice. Furniture must not be moved/rearranged, taken out or transferred from one rental property to another. All contents of the home are the property of the owner. If something should break, you must notify VVR immediately so that a replacement can be made. Guests are not permitted to alter the wiring or programming of any remote, television, home theatre, gaming equipment or any other audio visual equipment. Costs to rewire, troubleshoot or repair as a result of Guest tampering are Guest responsibility and ARE NOT COVERED BY the Optional Security Deposit Alternative.

VEHICLES. Motorcycles, trailers, moving trucks and/or recreational vehicles must be declared and approved at the time of booking.

PARKING. Each rental property has a rated maximum number of cars permitted, see individual vacation rental listing. Additional paid parking options may or may not be available. Guest is responsible for any additional parking costs during stay stay.

NO SMOKING. Property is non-smoking, no exceptions. Smoking is not allowed anywhere on or inside Property.

NO SELF SUPPLIED GRILLS. Many of our rental properties provide grills. Please inquire about the availability of outdoor grills in specific rental properties. The use of barbecue grills is limited to propane (gas) grills located in some vacation rentals. Guest is not allowed to provide your own grill under any circumstances.

NO OUTDOOR FIRES. Outdoor fires are strictly prohibited due to extreme fire danger in our mountain/forest setting.

NO FIREARMS. Firearms or weapons of any kind including paintball guns, pellet guns, BB guns, pistols or rifles are strictly prohibited.

NO FIREWORKS. No fireworks are permitted in or around the rental property or anywhere.

WILDLIFE. Do not approach or feed any wild animals including birds. Animals of any size are potentially dangerous. Be bear aware.

GARAGE DOORS. Keep garage doors closed at all times except when entering or leaving the property.

ELECTRICITY. Please turn off all outside lights after 9 p.m. This preserves everyone’s view of the night sky. Please do not leave lights or other electronics on when the Property is unoccupied.

PARTIES | SPECIAL EVENTS | WEDDINGS | GROUPS. Parties, Special Events, Weddings, Wedding Receptions, Groups or any other gathering are prohibited unless declared at the time of booking and approved in writing by VVR. Special Events Liability Policy with Waiver of Subrogation Endorsement required (Required coverage amounts vary by home). Other conditions apply.

COLLEGE SKI GROUPS ARE EXPLICITLY NOT ALLOWED AND WILL BE DENIED TENANCY AND ENTRY TO ANY RENTAL PROPERTY.

LOST & FOUND ITEMS | SHIPPING/RECEIVING PACKAGES. VVR will contact Guest regarding any items of value left behind after Guest departure. A fee of $30/per package/item handled will be charged to Guest for any necessary trips to USPS or other local shipping company OR for receiving of any packages, luggage or other items.