Park City Host, LLC
Terms and Conditions
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.
PLEASE REVIEW THE FOLLOWING INFORMATION CAREFULLY.
If you agree to the terms and conditions of this Agreement and desire to complete your reservation, please sign this Vacation Rental Agreement below. The REMAINING BALANCE must be received by the due date indicated on your Reservation Confirmation.
In consideration of the advance rent payment received and the mutual promises herein, the Owner of the subject Property, through Park City Host, LLC, his Agent, does hereby lease and rent to Tenant the certain Property described within for the following terms and conditions:
1. IDENTIFICATION
For the purpose of this Agreement the Guest, Renter, or Tenant shall be referred to as “Tenant,” whether singular or plural. The Vacation Home shall be referred to as the “Property.” The term “Agent” refers to Park City Host, LLC. The term “Owner” refers to the owner of record of the Property. The Park City Host Terms and Conditions are referred to as “Terms and Conditions” or the “Agreement.” The Agreement includes the specific Property Reservation Confirmation which specifies the Property address, occupancy dates, rental charges, due dates, and associated fees.
2. AGENCY
In accordance with the National Association of Realtors Standards of Practice and Code of Ethics, it is disclosed that Park City Host, LLC has a contractual relationship with the Property Owner, and therefore represents the interests of the Property Owner. As the Agent of the Owner, Agent is required by contract to follow the lawful instructions of the Owner. Tenant also acknowledges that the Owner of the Property may be a licensed real estate agent.
3. RULES, REGULATIONS, and POLICIES
By signing this Vacation Rental Agreement, the Tenant certifies that he has read, understands, and will abide by all rules, policies, regulations of the Agreement, Park City Host, LLC, and those peculiar to the subject Property, including but not limited to any and all Home Owner’s Association rules and fees, and all city, county, and State ordinances. Additional policies may be posted at the Property. Tenant understands and agrees that failure to abide by the above stated may result in expedited eviction and loss of all monies without recourse or refund.
4. RESERVATION
If you agree to the terms and conditions of this Agreement and desire to complete your reservation, please sign this Vacation Rental Agreement below. The REMAINING BALANCE must be received by the due date indicated on your Reservation Confirmation. IMPORTANT: Any Balance Due, including all other charges, is due 30 days prior to your arrival date. No checks will be accepted at time of check-in for rent, security deposits, or other fees of any kind.
Reservations made within 30 days of the arrival date must be paid in full via cash, credit card, certified check, or money order. Payment must be in U.S. Funds. Park City Host, LLC accepts MasterCard, Visa, and Discover.
It is understood and agreed that any and all accrued interest on said sums shall inure to the benefit of Park City Host, LLC.
5. CHECK-IN / CHECK-OUT
Procedures
Check-in and Check-out is conducted at each individual unit, the address of which is sent to the Tenant after the initial deposit has been paid.
In such case that the Tenant arrives after the agreed upon check-in time, the Tenant is responsible to contact Park City Host, LLC with enough time to make appropriate arrangements. After-hours check-in is only available if the reservation is paid in full and the Rental Agreement has been returned and properly signed. Due to the size and complexity of the properties in our program, our housekeepers and inspectors will use every minute before check-in to ensure the proper preparation of your vacation Property. Park City Host, LLC makes every effort to ensure all Properties are clean and ready for occupancy by check-in time. Please do not go by the Property prior to check-in. In unusual circumstances it may be necessary to delay occupancy to ensure that the Property is prepared to reasonable standards. No refunds or discounts will be considered in the unlikely event of such a delay.
Tenant check-out duties should be completed and the Property keys, passes and other rental items handled as outlined by Park City Host, LLC. Fees of up to $300.00 may be assessed for failure to deal with these items as outlined.
Check-out duties include:
Please put all dirty dishes in dishwasher and start it.
Remove all food and beverages from the Property. Check the refrigerator and freezer. Non-perishable items may be left at the property to be distributed to local charities.
Please return all Furniture to its original location.
Put all trash in plastic bags and place in outside trash container. Please take care to follow the procedures for trash removal posted at the Property or instructions given for your Property at check-in.
Leave the AC on 78 degrees (or heat at 55 in winter months).
Please check to make sure that you have not left any personal items in the Property. Before leaving make certain that all windows and doors are shut and locked and that all the lights are turned off.
Document and report any unreported damages or maintenance needs.
Check closets, dresser drawers and under beds for personal belongings.
Tenant’s failure to fulfill check-out duties may affect your security deposit or result in charges to your credit card.
6. CANCELLATIONS BY TENANT
Should Tenant have to cancel for any reason, the Tenant must notify Agent immediately in writing (via email at info@parkcityhost). Tenant acknowledges that cancellation by the Tenant does not relieve the Tenant from the specific terms of the Agreement. Failure to cancel in writing may result in charging the final payment to the Tenant’s credit card. Tenant will not be entitled to reimbursement for any advance rent payment. Agent will not be responsible for reimbursing for any fees that have already been paid out or are due a third party. The Tenant must seek reimbursement directly from the third party. The Tenant is responsible to verify that the cancellation notification has been received by the Agent.
7. CANCELLATIONS BY THE AGENT
If your Property becomes unavailable prior to your occupancy, the Agent will make every effort to substitute a reasonably comparable Property. We will notify you of this circumstance as soon as we become aware of it. If we are unable to substitute a reasonably comparable Property, the Agent will refund 100% of your advance rental payments. Agent reserves the right to automatically cancel a reservation if Advance Amount Due is not paid with 14 days of the date the reservation is made OR if full payment is not received at least 30 days prior to the arrival date.
The Agent, on behalf of the Owner, reserves the right to cancel this Agreement at any time prior to the Tenant taking possession of the Property. In such event, all payments made by the Tenant to the Agent will be refunded, and neither the Agent nor the Owner will be liable for any damages of any sort incurred by Tenant as a result of such cancellation. If Tenant desires to be transferred to alternative premises, the Agent will make a good faith effort to relocate the Tenant to a reasonably comparable Property. In such case, the Tenant agrees to pay any increase in rental charges associated with the new Property.
8. FAMILY GROUPS ONLY
The Agent’s authority is restricted to rental to family groups only. House parties, fraternities, school, civic or other non-family groups are NOT allowed unless specific prior approval is received from the Agent or Owner. Weddings, wedding receptions, and other group events may not be held on the Property without prior approval of the Owner or the Agent. Park City Host, LLC reserves the right to refuse rental to groups where the majority of the occupants are under age 25 (ID’s must be furnished upon request). Violation of the above is grounds for expedited eviction without refund.
9. MAXIMUM OCCUPANCY
You are responsible for knowing and respecting the occupancy limits of your Property. The occupancy limits are listed on your Reservation Confirmation. If this legal occupancy limit is exceeded, you may lose your rental rights with a complete forfeiture of all advance rental payments and be subject to expedited eviction.
10. SECURITY DEPOSIT
The Agent requires the Tenant to pay a security deposit to secure the Property against damages.
Each Property requires a refundable security deposit amount not less than $500 and not more than twice the weekly rental amount. The Property will be carefully inspected upon Tenant’s departure. Within 45 days of departure, the security deposit will be mailed to the Tenant LESS expenses for damages and charges and fees left unpaid. Damages and fees for which security deposit funds may be withheld include, but are not limited to: damages; missing Property items; unpaid fees, charges, or taxes; unreturned/missing keys or Property passes; excessive cleaning requirements; damage attributable to pets, damage attributable to use of tobacco or tobacco products; long distance or per charge telephone calls; cable television charges incurred by the Tenant; any and all other damages to the Property, common areas, or appurtenant areas caused by the Tenant, their guest or invitees; and any other damages.
11. MANDATORY EVACUATIONS
If State or local authorities order a mandatory evacuation of an area that includes the residential Property subject to a vacation rental, the Tenant under the vacation rental Agreement, whether in possession of the Property or not, shall comply with the evacuation order.
The Tenant agrees to follow the Check-out procedures outlined in section 5 of this Agreement in the event of a mandatory evacuation order. Tenant agrees to return only when the evacuation order has been lifted and after contact with the Agent has been made to confirm availability of the Property. If occupancy is authorized to resume, check-in procedures will be followed as outlined in section 5 of this Agreement.
When under order of mandatory evacuation, the Tenant is not entitled to a refund from the Owner.
12. ADVANCE PAYMENT USES
Agent acting on behalf of Owners may disburse prior to occupancy of the Property up to fifty percent (50%) of the total rent paid in advance for fees owed to third parties for goods, services or benefits processed by the Owner or Agent acting on behalf of Owners for the benefit of the Tenant, including but not limited to administrative fees. Any funds remaining after an advance disbursement shall be retained in its trust account and not disbursed until the occurrence of the first of the following events; (1) the commencement of the tenancy; (2) the Tenant commits a material breach, in which case an amount sufficient to defray actual damages suffered as a result of the breach; (3) the money is refunded to the Tenant; or (4) if the funds are transferred upon the termination of the Owner’s interest in the Property.
13. FEES
Tenant understands and agrees to the following fees and charges:
Nonrefundable reservation fee – $60.00 plus tax;
Late payment fee – $25.00;
Late check-out fee of up to $500.00 per hour;
Returned check fee – $25.00;
Fee for rental items not returned to our office – $15.00-$300.00.
Pet Fee – If your Property accepts pets, there is a non-refundable fee of at least $200.00 per pet.
Hot Tub Activation – Properties that have a hot tub require at least a $70.00 hot tub activation fee for activation in the mid-season and off-seasons.
Pool Heat – All heated pools carry at least a $150.00 heating fee during the Mid and Off season. Heated pools are not heated during summer. Heated pools will only heat to about 10 degrees higher than the outside temp.
Wedding Fees: Some of our Properties will allow weddings. There is a $1500.00 minimum refundable wedding damage deposit and a $500.00 minimum wedding charge. All weddings must be approved through the Agent in writing.
Event Fees: Some of our Properties will allow special events to be held on the Property. There is a $1500.00 minimum refundable damage deposit and a $500.00 minimum event charge. All events must be approved through the Agent in writing.
14. PETS
Properties allowing pets are limited to housebroken domestic animals. The rental rate will increase by at least an additional $200.00 per pet as a nonrefundable fee on all reservations allowing a pet. Tenant agrees to disclose the breed, weight, and condition of each pet and agrees that the Agent may refuse to allow pet occupancy on any of these grounds.
A pet of any kind on the premises including exterior, decks, garages, etc. of a non-pet Property is absolutely prohibited and is grounds for expedited eviction of the entire party and forfeiture of all monies paid as provided in the NCVRA. Tenant understands and agrees that a violation of the pet policy will result in fees of not less than $500.00 and include costs associated with pest control, carpet cleaning or replacement, furniture cleaning or replacement. Proof of pet removal must be provided by the Tenant when violation has occurred if occupancy is to continue.
Tenants with authorized pets understand and agree to properly clean the Property prior to departure/check-out. Tenant is advised that local ordinances require pets to be leashed on the beach and for excrements to be removed from the beach by the owner. Under no circumstance shall the Tenant be relieved of responsibility for damages caused by pets, irrespective of additional fees rendered for the privilege of bringing a pet.
15. FIREARMS
Absolutely no firearms of any kind are allowed in the Property. Please understand that the Tenant will immediately lose his rental rights and be subject to expedited eviction with no refunds of all rental monies if a firearm is discovered on the premises. Tenant understands and acknowledges that any firearm found on the Property or left on the Property will removed by the appropriate authorities, not by the Agent.
16. TAXES
All taxes are at the rates applicable at the time of the Rental Agreement. The tax rates may change without notice and increases will be the responsibility of the Tenant.
17. MAINTENANCE OF RENTAL PROPERTY
Owner/Agent Obligations – Owner or Agent is to comply with all applicable housing and building codes and to provide and present the Property in a fit and habitable condition and provide operable smoke detectors. If at any time the Tenant is to begin occupancy of the Property, the Owner or Agent cannot provide the Property in a fit and habitable condition or substitute a reasonably comparable Property in such condition, the Owner or Agent shall refund to the Tenant all payments made by the Tenant.
Tenant/Guest Obligations – The Tenant is to:
Keep the Property, common areas, and appurtenant areas clean, safe, and sanitary;
Dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner;
Keep all plumbing fixtures clean,
Not deliberately or negligently destroy, deface, damage, or remove any part of the Property or render inoperable the smoke detectors;
Be responsible for all damage, defacement, or removal of any property inside the Property that is in his or her exclusive control;
Immediately notify the agent in the event repairs or replacement of smoke detector are needed;
Additionally, the Tenant agrees to: (i) leave the Property in the same or better condition as when tenancy began except for normal wear and tear, (ii) be financially responsible for unwarranted or unneeded service calls and service calls caused by Tenants misuse of the Property, (iii) report any and all problems to Park City Host, LLC immediately (within 24 hours or prior to departure), (iv) not to enter Owner’s private storage spaces, (v) to abide by occupancy limits of the Property at all times.
The Tenant will be the sole contact person in regards to this Agreement and the tenancy. Such Tenant is responsible for the adherence of all other occupants, visitors, or guests of the Tenant to this Agreement.
Tenant will be held liable for extra cleaning charges and for damages involved in Smoking inside a Non-Smoking Property. Tenant understands that ALL properties are non-smoking properties.
Comply with any and all other instructions, regulations, or guidelines communicated by the Agent as well as all local ordinances and Home Owner’s Association rules.
18. REFUNDS POLICY – EQUIPMENT MALFUNCTION / NUISANCES
Park City Host, LLC will make every effort to ensure that Tenant’s stay is safe, comfortable, and enjoyable. The Agent cannot guarantee that the Tenant’s vacation stay is flawless or that the Property and its amenities are flawless. However, Park City Host, LLC will make reasonable efforts to respond to deficiencies and malfunctions in the Property and its amenities.
Tenant understands and agrees that NO refunds, discounts, or transfers will be made for any reason other than those specifically provided for in this Agreement. Additionally, Tenant agrees that NO refunds, discounts, or transfers will be granted for the malfunction of any appliance or amenity, inclement weather, mechanical breakdowns, or other adverse circumstances beyond our control. Further examples of circumstances which DO NOT warrant any refund, discount, or alternate Property, etc. include but are not limited to: breakdown of air conditioners; TV’s, VCR’s, DVR’s, DVD’s or other electronics or appliances which malfunction; presence of insects; disruption of utility services including cable, internet, water, electric satellite; a Property not decorated/accommodated/improved/updated to Tenant’s tastes; problems which have not yet been reported to Agent; bad weather; or noisy neighbors. The incidental presence of pests or bugs which do not render the Property unfit or uninhabitable will not present cause for refunds, discounts, or transfers.
Tenant agrees to report any and all problems to Park City Host, LLC as soon as is practical. The agent agrees to make every effort to resolve the reported problem as quickly as possible, however, cannot guarantee when the problem will be resolved. Speed of service cannot be guaranteed. Tenant understands and agrees that emergency repair and service calls will be returned promptly and that the urgency of any problems and its resolution will be solely determined by the Agent. Calls deemed to effect non-essential services will be returned the following business day. In cases of medical or fire emergencies the Tenant will call 911 emergency services.
Tenant understands and agrees that it is Tenant’s responsibility to ensure that all aspects of the Property meet their personal standards prior to confirming the reservation through previewing the Property or by other means. No refunds, discounts, or transfers will be considered in such cases. Tastes, opinions, standards of living, and other expectations vary greatly from person to person. No refunds will be granted for occasions when actual Property amenities or furnishings are different from those advertised.
19. LOCK OUT POLICY
In the event you are locked out during your vacation, please call our office. If we have to bring the key to you there will be (a) a $20.00 cash fee during business hours; (b) a $50.00 fee after-hours which must be paid directly to that agent in cash prior to your receipt of the key. Our after-hours emergency numbers are in the information you received at check-in.
20. TELEPHONE USE / PAY PER VIEW / INTERNET
Most Properties are equipped with “call blocking service” which blocks long distance or collect calls. You will be able to utilize a calling card or major credit card to make long distance calls. If your rental Property does not subscribe to a blocking service and long distance calls are placed, the fee plus a $20.00 usage fee will be charged. Pay per views are prohibited. If charges are incurred the tenant will be charged the fees along with a $50 service fee. Tenant agrees internet access is limited to lawful use and downloads. Violators are subject to prosecution, civil action, fine and fees.
21. EXPEDITED EVICTION
Grounds for eviction. (a) Any Tenant who leases residential property subject to a vacation rental Agreement under this Chapter for 30 days or less may be evicted and removed from the Property in an expedited eviction proceeding brought by the landlord, or real estate broker as agent for the landlord, as provided in this Article if the Tenant does one of the following: (1) Holds over possession after his or her tenancy has expired. (2) Has committed a material breach of the terms of the vacation rental Agreement that, according to the terms of the Agreement, results in the termination of his or her tenancy. (3) Fails to pay rent as required by the Agreement. (4) Has obtained possession of the Property by fraud or misrepresentation. (b) Only the right to possession shall be relevant in an expedited eviction proceeding.
22. PERSONAL PROPERTY
Park City Host, LLC cannot be held responsible for personal property during your stay or items left behind following departure. Please call us immediately to report items you have left, and we will try to locate the items. If you request, items turned in by housekeeping will be returned to you via US Postal Service with shipping charges and a $25.00 processing fee charged to the Tenant’s credit card. Unclaimed items are donated to charity after 14 days.
23. ERRORS AND OMISSIONS
While the Agent makes every effort to ensure that information published for a Property is current, occasionally we are not fully informed of changes made by the homeowners or changes to the Property have not yet been reflected in Property information publications. Tenant understands that the Agent will not be held responsible for such changes, variations, omissions or errors relating to the subject Property.
24. INDEMNIFICATION AND HOLD HARMLESS
Tenant agrees to indemnify and hold harmless Agent 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 negligent or willful act of Agent or the Owner, or the failure of Agent or the Owner.
25. SMOKING
Please consider any/all properties as non-smoking. Any extra cleaning due to removing smoke odor will be at the expense of the Tenant plus a $250.00 smoking penalty.
26. POOLS and HOT TUBS
Most pools are open from Memorial Day to Labor Day. However, pool opening/closing dates are subject to change without notice and without recourse or refund. Pools and Hot tubs are to be used strictly at Tenants own risk. Tenant releases the Agent/Owner from all liability for any injuries or death resulting from use of pool/hot tub. Agent/Owner will assume no responsibility for supervising the existence, frequency, or adequacy of pool/hot tub maintenance. Inadequately maintaining pool/hot tub can cause viral or bacterial illnesses that could be life threatening under various circumstances. No animals are permitted in Pools or Hot Tubs.
Agent/Owner does not inspect or test the pool/hot tub for presence of health threatening organisms. When Tenants use pool/hot tub they assume risk of illness and release Agent/Owner from any liability for injury or damages resulting from the use of pool/hot tub. Absolutely no alcohol, pets, diving, diapers, or urination are permitted in hot tubs or pools. No children under age 14 or pregnant women are permitted in hot tubs. Pool/ Hot tub fee may apply on some Properties.
27. GRILLS
Fire code dictates there are to be no grills on any decks, near siding and/ or under the home. Tenant should not assume grills are present, functional, or permitted at any Property. Grills can be rented through independent service providers. If a grill is present and functional, Tenant is responsible for grilling tools, gas tanks, charcoal/lighter fluid and assumes full responsibility for any damages to the grill or resulting from use of a grill. Tenant is responsible to thoroughly clean grills upon departure.
28. LEGALLY BINDING
Tenant agrees to abide by and fulfill all parts of this Agreement, all additional published policies, rules, regulations and addenda to this Agreement, and furthermore agrees that it is a legally binding agreement, either in whole or in part. If Tenant does not understand any portion of this Agreement, they should consult an attorney. All parties agree that in the event of a dispute, the Agreement will be interpreted in accordance with Utah law.
Should the Agent or Owner be forced to resort to the employment of legal counsel, litigation, or professional collection services in the collection of any amounts due the Agent under this Agreement or defend an action under this Agreement, the Tenant shall be responsible for all costs associated with such. In the event of a lawsuit or other legal proceeding, all parties agree that such actions shall be held in the venue of Summit County, Utah.
29. MISCELLANEOUS.
This Agreement shall not be binding unless and until Agent has received one-half of the gross rent and all checks have cleared the bank. Tenant acknowledges that they may not have possession of the premises until full rental amount set forth herein has been paid.
Tenant shall not assign this Agreement or sublet the Property in whole or part without written permission of Agent.
Tenant agrees that Agent, the Owner or their respective representatives may enter the Property during reasonable hours to inspect the premises, to make such repairs, alterations, or improvements thereto as the Agent or the Owner, or to show Premises to prospective purchasers or Tenants.
Agent shall conduct all brokerage activities in regard to this Agreement without respect to the race, color, religion, sex, national origin, handicap or familial status of any Tenant.
The Tenant understands and agrees that the Agent retains fees and receives compensation associated with administration of programs including but not limited to CSA Travel insurance, the Security Deposit Waiver Fee, and the provision of specialty services.
This Agreement shall be treated as though it was executed in Summit County, State of Utah, and were to have been performed in Summit County, State of Utah. Any action relating to this Agreement shall only be instituted and prosecuted in courts of Summit County, State of Utah. Tenant specifically consents to such jurisdiction and to extraterritorial service of process.
30. SIGNATURES
By my signature, I acknowledge that I have read and agree to abide by the conditions set forth in this rental Agreement and all policies, regulations, and rules set forth by Park City Host, LLC as the Agent for the Owner. I further understand and agree that to breach any items contained within the above referenced documents will result in my eviction without refund. I understand that Park City Host, LLC has made every effort to provide accurate information, however, in the event of errors, omissions, any changes by Park City Host, LLC or the Property Owner, I agree not to hold Park City Host, LLC or the Property Owner responsible or liable.