Damages/Protocol Limited Damage Waiver (LDW)

When you booked this home, you signed a limited damage waiver (LDW). The purpose of the LDW is to protect you, us, and the home. Upon entry, if you notice any damage to the property, please notify us immediately- this protects you from being charged for damage that was not your fault. Should there be damage that was accidental and sudden, and you report it to us before your checkout, the LDW protects you. E.g. Breaking a mug because you accidentally knocked it off of the counter. The LDW is VOIDED if you fail to report damage that you caused, and or if it was a damage that occurred due to breaking house rules. E.g. your pet breaking a vase on a stay that you did not disclose your pet was coming and then didn’t disclose the damage to us. This will lead to additional charges/fines for repair/replacement. 

 

AGREEMENT

iTrip Vacations Pagosa Springs, the Agent of the Owners, and Tenant agree as follows: Above Tenant is at least twenty-five (25) years of age (an "adult") and will be an occupant of the home during the entire reserved dates. Use of the premises will be denied to persons not falling within the foregoing categories. Should any unauthorized persons occupy or use the Premises, Tenant shall vacate the premises immediately without any refund.

HAZARDOUS PRACTICES

No barbecue grills of any kind are permitted on balconies or inside the unit. No open flames ie. Do not dismantle smoke detectors. 

ABSOLUTELY NO PETS

If evidence of a pet is found in the unit or on the premises you will be asked to vacate immediately with no refund of rent with an additional fee. If property is listed as pet friendly, please let us know. A pet fee will be required. 

HOUSEKEEPING

There is no daily maid service. Linens and towels are included and not to be taken from the unit. An initial setup of trash liners, bathroom paper, soap is provided. There is a one time cleaning fee. Additional cleaning fees will be charged to you in the event of the following: linens/towels are missing or damaged, cleaning involves out of the ordinary mess, excessive cleaning time, or checkout instructions were not followed. 

UTILITIES

No compensation will be given for temporary outage of Wi-Fi, electricity, gas, water, cable, or telephone/cell service. Please report to us immediately and all efforts will be made to have the outage restored as soon as possible. 

NONSMOKING UNIT

Smoking and vaping is strictly prohibited. If any evidence of smoking is found, you will incur an additional and substantial charge.

SLEEPING CAPACITY/DISTURBANCES

Tenant and all other occupants will be required to vacate the premises with no refund: Occupancy exceeding the sleeping capacity listed in property description, using the premises for any illegal activity, causing damage to the premises rented or to any of the neighboring properties and any other acts which interferes with neighbors' right to quiet enjoyment of their premises.

HOLD HARMLESS

iTrip or the Owner, does not assume any liability for loss, damage or injury to persons or their personal property. Neither does owner accept any liability for any inconveniences, damage, loss or injury arising from any temporary defects or stoppage in supply of water, gas, cable service, electricity or plumbing, as well as due to weather conditions, natural disasters, acts of God, or other reasons beyond its control.

HOT TUB & PATIO

Tenant hereby acknowledges that the premises they have reserved includes an outdoor hot tub and the undersigned agrees and acknowledges that the hot tub and patio/deck can be dangerous areas, that the deck/patio can be slippery when wet or icy, and that injury may occur to anyone who is not careful. With full knowledge of the above facts and warnings, the undersigned Tenant accepts and assumes all risks involved to Tenant and all of Tenant's guests in or related to the use of the hot tub and patio areas. Oils, soaps, lotions, foreign objects are NOT allowed in the hot tub at all! Any misuse of the hot tub will result in a MINIMUM of a $200 fine, depending on the severity of the damages. 

MAINTENANCE

Please report any maintenance needs for the premises to the us and we will respond as quickly as possible. Refunds will not be made for maintenance issues including, but not limited to heating and air conditioning, appliances, televisions, and stereos.

ENTRY BY OWNER

Owner's agents may enter the premises under the following circumstances: in case of an emergency; to make any necessary or agreed upon repairs, alterations, or improvements; supply necessary or agreed upon services.

LIMITED DAMAGE WAIVER PROGRAM 

1. Terms of Waiver: As an enrolled, Covered Guest, staying at an iTrip Franchisee property, under this plan, you will not be obligated to pay for Covered Damage (defined below) to real or personal property of the owner of the rental unit located within the rental unit occupied by the Covered Guest. When the Covered Guest purchases this plan, the property manager waives the right to charge the Covered Guest for Covered Damage to the unit as a result of your inadvertent acts or omissions during the duration of the Stay. Maximum limit of this waiver of liability is $1,475.00 aggregate per stay.

2. Conditions: The Limited Damage Waiver Program has certain conditions. Covered Damage does not include, and the Covered Guest remains liable for, the following: • Damages caused by Intentional Acts of a Covered Guest • Damages caused by gross negligence or willful and wanton conduct. • Any damage that the Covered Guest does not report to iTrip staff in writing by the time the Covered Guest checks out of the unit. • Damage from theft without a valid police report. • Damage caused by any pet or other animals brought onto the premises by any Guests, whether or not the property is "pet friendly". • Damage or loss of any property owned by or brought onto the premises by a Covered Guests or invitee of Covered Guest. • Property Damage resulting from any motorized vehicle or watercraft operated by a Covered Guest. • Damaged Caused by any forbidden items or property usage including but not limited to BBQ Grills, Candles, Cigarettes, etc.

3. Definitions: • "Covered Damage": All damages to property of the unit's owner, up to $1,475.00 in the aggregate for each Stay, that occurs during the Covered Guest's stay and that is the result of the inadvertent acts or omissions of the Covered Guest or the Covered Guest's invitee, excluding the damages listed in the conditions section above. • "Covered Guest": All registered guests and all persons booked to share the same unit of accommodations, and have paid the required plan cost. • "Stay": The stay at an iTrip unit, from the date of a Covered Guest's check-in to the date of check-out.

4. Administrative Procedure: iTrip staff will administer and determine whether a damage qualifies as Covered Damage. Such staff will have the sole authority to determine the nature and extent of damages, necessary repairs and eligibility for the waiver of liability described herein. The Covered Guest must report any theft or damage to the unit or its contents to iTrip staff by the time of check-out or any otherwise applicable damage waiver for such Covered Guest will be void. The iTrip Franchisee has ultimate claim administration authority. Arbitration is required prior to litigation.

5. Terms of Coverage: The plan takes effect upon check-in on the booked arrival date to an iTrip unit. All coverage shall terminate upon normal check-out time of the iTrip unit or the departure of the Covered Guest, whichever occurs first.

6. Fee: $59.00 for your covered stay. This fee is non-refundable.

IMPORTANT NOTE:
Violation of any condition of the terms of iTrip voids the Damage Waiver Program without refund of any portion of booking/damage waiver fee. Guest Agrees that damages not covered by the Damage Waiver Program or in excess of the Damage Waiver Program limit of $1,475.00 shall be paid by guest immediately. Guest authorizes iTrip to charge the cost of damages to guest's credit card in accordance with this agreement and the terms and conditions of the rental agreement. By submitting payment for this reservation, you authorize iTrip to include the costs of this Damage Waiver Program in your reservation. Please contact iTrip directly if you do not wish to participate in this plan or assignment. Unless Tenant elects the Limited Damage Waiver Program, Tenant agrees to pay for damage to the Unit or property within the Unit, except normal wear and tear, that occurs during the Tenant's stay in the Unit. Tenant authorizes iTrip to charge the amount of damages, as determined solely by iTrip, to guest's credit card in accordance with this agreement

ADDITIONAL TERMS AND CONDITIONS

The undersigned Tenant, for himself/herself, his/her heirs, assignors, executors, and administrators, fully releases and discharges Owner from any and all liabilities, claims, demands, and causes of action by reason of any injury, loss of damage by whatever nature which has or have occurred, or may occur to the undersigned, or any of his/her guests as a result, or in connection with the occupancy of the premises and agrees to hold 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 any reasonable attorneys fees and costs. Owner reserves the right to terminate this Agreement upon their discretion at any time.

ABBREVIATED NEIGHBORHOOD RULES AND REGULATIONS

All vehicles, RVs and trailers must be parked on the driveway or on an approved designated parking pad. Rental on a residential property of either a Recreational Vehicle or rental of a parking space for use by a Recreational Vehicle is prohibited. While a property has a Vacation Rental in progress, no
Recreational Vehicle may be parked on the property, with the exception of an unoccupied Recreational Vehicle, in storage, belonging to the property owner.
Trash and trash containers must be contained to prevent refuse from being scattered by weather or animals. Trash receptacles shall only be placed at road shoulder the day of collection and must be pulled away from the road that evening.
No trash, ashes, garbage, or other refuse shall be dumped, stored or accumulated in any lot or be thrown into or left on the shoreline of any waterway.
No outside burning of wood, leaves, trash, garbage or household refuse is permitted; this includes recreational fires.
Noise levels must be kept to a level as to not disturb the neighbors. This includes music, sitting inside with the windows open or outside communicating at a loud volume. Quiet hours are from 10:00 p.m. to 7:00 a.m. Loud profane language is not tolerated.
No activity shall be conducted on any lot which shall give off discharge or emit any obnoxious noises, fumes, odors, glare or vibrations. Exterior lighting should be turned off during quiet hours. Turn off exterior lights when you leave the property.
No activities shall be allowed or conducted on any lot which might be unsafe or hazardous to any person or property. This includes, but is not limited to the use of fireworks, bow and arrows, explosives, guns, air or pellet guns or any similar device or act involving projectiles. No trespassing on neighboring lots.
All dogs must be under the control of a responsible person at all times. Dogs running loose and vicious dogs are in violation and will be reported to animal control.
ATVs, UTVs, off-road motorcycles, unlicensed vehicles and snowmobiles are not allowed to be operated on private property. Snow plows may be operated with blades on properties to remove snow from walkways and driveways.
No commercial trucks or heavy equipment shall be parked overnight or longer on any lot. All short-term visitors are required to have a fishing permit to fish our lakes and all restrictions must be adhered to. All boats brought from out of the county must be inspected prior to being launched in our lakes and an annual boat permit must be purchased for each boat, canoe, or kayak.
Property owners are responsible for the actions of their tenants at all times and need to be aware of our civility code.
There is absolutely no swimming, tubing, or floating in the HOA Lakes, only paddle boards or Kayaks are allowed. Swimming will result in a $500 fine for guest and homeower .