VACATION RENTAL SHORT TERM LEASE AGREEMENT
This Vacation Rental Short Term Lease Agreement (this “Agreement”) shall apply to your cabin rental at Croll Cabins. It is made between Croll Cabins (“Owner”) and you (“Guest”) and is effective as of notice of the acceptance by Owner of your booking request. Owner and Guest may be referred to individually as “Party” and collectively as “Parties.” For good and valuable consideration, the sufficiency of which is acknowledged, the Parties agree as follows:
Booking.
Notice of booking acceptance will be delivered to Guest, within 24 hours of booking request. At the time of request, there will be a hold placed on your card. You will not be charged until the booking is accepted. This period allows Owner to verify that the requested cabin is available and to place it in reserve for Guest.
Property.
The property is located on County Road, 501-A at Vallecito Lake, Bayfield, Colorado (the “Property”). Each cabin on the Property is fully furnished by Owner and equipped for light housekeeping. A starter supply of paper products, dish soap, and hand soap is provided. Other supplies that may be in the cabin are available for use. Guest is responsible for purchasing any additional supplies and all food and beverages. A linen for of $50.00 is included with each reservation. Sheets, kitchen towels, bath towels, hand towel and washcloths are included, with one set of towels per guest, per stay. [NA1]
Rental Property.
All persons staying with Guest (the “Rental Party”) will be bound by the terms of this Agreement. The per day price for each cabin includes up to 4 guests. For each additional person in the Rental Party, there is a $20 fee per guest, per day. At the time of booking, Guest shall identify the total number of adults and the total number of children in the Rental Party. We understand that this number might change between the booking date and the arrival date. Please advise us of such changes (not to exceed Maximum Occupancy, see item 4, below) as soon as you are able so we can update the charges appropriately.
Maximum Occupancy.
The maximum number of persons allowed to stay in each cabin is provided on our website, www.crollcabins.com. For each undeclared guest that exceeds Maximum Occupancy for the booked cabin, there will be a $100 fine per person, per night. Please be mindful of the cabin’s capacity when booking and plan accordingly. Consider whether a larger cabin or multiple cabins might suit your group better.
Minimum Age.
Guest must be at least twenty-five (25) years of age to rent the Property. Presentation of valid government ID is required, upon request of Owner. Owner reserves the right to cancel the reservation without refund if this requirement is not met.
Pets.
Well behaved dogs are welcome to the Property. Dogs must be on a leash when outside. Dogs are not allowed on the beds or furniture. If your pet will be left unattended in the cabins, it must be kept in a kennel or carrier. A maximum of 2 dogs are allowed and a $20 per pet, per night, fee will be due. Please be mindful of other guests. Control any excessive barking and pick up after your pets.
Visitors.
A Visitor is an occupant of the Property who stays more than 2 hours or uses any of Owner’s equipment/facilities. Visitors are allowed on the Property during the day, with a curfew of 9 PM. There is a charge of $10 per day for each Visitor. Guest is responsible for all Visitor activities and no Visitor is permitted to be on the Property when at least one adult member of the Rental Party is not present. For DeSpain Schoolhouse cabin, Peterson Porch cabin, and Price Bunkhouse – there is a maximum of 12 individuals permitted at any time, including all members of the Rental Party. For Brock Hillside cabin, Martin Lakeside cabin, and Armstrong Library cabin, there is a maximum of 20 individuals.
Rental Period & Check-In.
The term of this lease will be from the agreed upon Arrival Date through the Departure Date. The Property will be ready for Guest’s occupancy beginning at 4:00 PM on the Arrival Date and the Property must be vacated by 10:00 on the Departure Date, unless otherwise agreed by Owner. If Guest or any member of the Rental Party remains on the Property beyond the Departure Date, Guest will be charged an additional day of the rental rate, which shall continue until the actual date Guest and all members of the Rental Property vacate the Property. The Property requires a [3] night minimum stay, unless otherwise agreed by Owner.
Keys.
Owner will provide Guest with a key to unlock the front door to the cabin. Guest is not allowed to make duplicate keys. A fee of $25 will be charged to Guest for failure to return a key. Any attempt to access a locked area is just cause for immediate termination of this Agreement, forfeiture of all rent paid, and Guest will be liable for any missing items or damage.
Rental Rules & Restrictions.
Guest agrees to abide by the following restrictions by Owner:
- No Smoking of any kind in cabins
- Noise curfew from 10 PM to 8 AM
- The decks, BBQ grills, water toys and other lake activities are available for the enjoyment of adult guests. Keep children away from these areas unless there is adult supervision.
- Respect Nature and other guests.
- Firewood is available for outdoor fire rings. Please note there can be fire restrictions imposed by the local government with corresponding fines.
If any person in the Rental Party or Visitors fails to follow any of the Rules, the Rental Party may be asked to vacate the Property and Guest will forfeit all rent paid.
Reservation Deposit and Payment.
Guest agrees to pay the rent and applicable fees described below (the “Total Amount Due”). A deposit in the amount of 50% of the Total Amount Due (the “Reservation Deposit”) will be charged to your credit card upon acceptance of the booking by Owner. The Reservation Deposit will be applied toward the Total Amount Due. The other 50% of the Total Amount Due will be charged to your card 30 days prior to arrival. If your booking is within 30 days of your planned arrival, the Total Amount Due will be charged upon acceptance of the booking. Any other applicable fees described herein will be considered part of the Total Amount Due as described in the Invoice; additional notice is not required. If at any time the credit card provided at booking inquiry is not available for Owner to secure payment of amounts due, Guest acknowledges that the Rental Rate and all applicable fees and charges are due and payable and will immediately provide an alternate form of payment.
Cancellation Policy.
If Guest provides notice of cancellation more than 30 days prior to the Arrival Date, the reservation deposit amount, minus a $50 service fee, will be refunded. If Guest cancels the reservation less than 30 days before the Arrival Date, the Total Amount Due will be forfeited.
Damage Deposit.
Guest will be charged a $100 Damage Deposit at the time of booking acceptance. This security deposit will be refunded 7 days after Guest’s departure and an inspection of the Property by Owner, less any deductions for damage to the Property or furnishings, excessive mess requiring additional cleaning, or other costs incurred outside the normal course due to Guest’s stay. The Guest is responsible for all damages, excluding wear and tear, but including those which exceed the Damage Deposit amount.
NO Smoking.
The entire Property is smoke-free. If there is evidence of smoking inside a cabin, an additional $500 fee will be charged for remediation.
Cleaning.
Daily housekeeping services are not included in the rental rate. Throughout the rental period, Guest will be responsible for keeping the Property clean and in good condition. Any unsafe or dangerous condition must be reported to Owner immediately. Guest acknowledges that on the Arrival Date, the Property is in good condition, except for any defect Guest may report to Owner by the end of the first day following the Arrival Date. The Property should be left in the same condition as it was found by Guest on the Arrival Date. Guest promises to leave the Property in good repair.
Furnishings.
Furnishings are subject to change without notice but shall include furniture, bedding (blankets/comforters), kitchen equipment, dishes, and utensils. Furnishings and any other personal property supplied with the Property must not be removed from the Property. Loss of any items within the Property or damage to the Property or Furnishings in excess of normal wear and tear will be charged to Guest. The Property will be inspected by Owner after Guest’s departure. All contents of the Property are the property of Owner. If an item should break, Guest must notify Owner immediately.
Parking.
Parking is limited to two parking spots next to each cabin, with the exception of Armstrong Library cabin and Brock Hillside cabin. Overflow parking is available, upon request. Guest may only park in designated parking areas. Any illegally parked cars may be subject to towing and/or fines.
Mechanical Failures.
Owner attempts to properly maintain the Property. While all electrical and mechanical equipment within the Property are in good working order, Owner cannot guarantee against mechanical failure of electrical service, stopped plumbing, water supply, heating, audio visual equipment, internet access, or appliances. Guest agrees to report any inoperative equipment or other maintenance problem to Owner immediately. Owner will make every reasonable effort to have repairs done quickly and efficiently. Guest will allow Owner or a person permitted by Owner access to the Property for purposes of repair and inspection. Owner is not responsible for any inconvenience that may occur and no refunds or rent reductions will be made due to failure of such items.
Force Majeure.
There may be circumstances beyond our control in which the property might not be available for your booking. Examples of these include (but are not limited to) extended power or other utility outage (lasting more than one day), severe weather1, lake levels, and Acts of God. In any event, Owner will 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, nor will Owner be responsible for any other costs connected with cancellation due to Force Majeure.
Limitation on Liability.
Neither the Owner or Manager shall be responsible in any way for any accidents, injuries or illness that occur to any member of the Rental Party or Visitors while in or on the Property. Owner is not responsible for damage or loss of personal belongings or valuables belonging to any member of the Rental Party or any Visitors. Guest agrees to assume the risk of any harm arising from use of the Property. Guest is responsible for their own travel/health insurance. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL OWNER BE LIABLE TO GUEST OR ANY OTHER PERSON FOR ANY DAMAGES OF ANY NATURE WHATSOEVER INCLUDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR GUEST’S RENTAL OF THE PROPERTY OR USE OF THE PROPERTY. IN NO EVENT WILL OWNER BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH THIS AGREEMENT, EVEN IF OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
Indemnification.
Guest acknowledges that the use of the Property by the Rental Party and Visitors is entirely at their own risk. Guest will indemnify and hold harmless Owner from any and all expenses, costs, damages, suits, actions, or liabilities whatsoever arising from or related to any and all loss of or damage to personal property, injury or death resulting from the use or occupancy of the Property or the failure of any member of Rental Party or Guest’s Visitors to observe the rules and restrictions set forth in this Agreement.
Violation of Agreement.
If Guest, any member of the Rental Party or Visitors violate any of the terms of this Agreement, including rental rules and restrictions and posted notices, Owner may evict Guest and the Rental Party from the Property and Guest will forfeit all rent and security deposit paid.
Governing Law.
This Agreement and all transactions contemplated by this Agreement will be governed by, and constructed and enforced in accordance with the laws of the State of Colorado (not including its conflicts of laws provisions). Any dispute arising from this Agreement shall be resolved through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association.
Amendments.
This Agreement may be amended or modified only by a written agreement signed by both Owner and Guest.
No Waiver.
Neither Owner nor Guest shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing.
Severability.
If any provision of this Agreement is held to be invalid or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement.
Successors and Assigns.
This Agreement will inure to the benefit of and be binding upon Owner, its successors and assigns, and upon Guest and its permitted successors and assigns.
Entire Agreement.
This Agreement represents the entire understanding and agreement between the Parties with respect to the subject matter of this Agreement and supersedes all other negotiations, understandings and representations (if any) made by and between the Parties.
[1] In the winter, be aware that Colorado’s snow chain law may be in effect. It is the Guest’s responsibility to ensure that Rental Party and Visitor vehicles are in compliance with the applicable requirements. Information is available at https://csp.colorado.gov/chain-law-information
- In the winter, be aware that Colorado’s snow chain law may be in effect. It is the Guest’s responsibility to ensure that Rental Party and Visitor vehicles are in compliance with the applicable requirements. Information is available at https://csp.colorado.gov/chain-law-information. ↩︎