Do you love updated condos with all the advanced facilities? Do you like a balcony overlooking Boca Ciega Bay? While planning a vacation or renting a condo, we want some comforts and basic facilities to enjoy the holidays more. We want a beautiful view, good restaurants, swimming pools, updated kitchen, master size bedroom, comfortable beds, a well-decorated living room, free WIFI, flat TV, and some other facilities. If you want all these facilities in your condo, then you can stay in Bahia K-206. You will be inspired by its interior and exterior designs, food preparation, and pool life. Please Note: There is a one-month minimum stay requirement.
Why should you stay in Bahia K-206?
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Terms and Conditions
Note: please see special notes at the end that pertain to specific rentals.
Tax and Fee disclosure: the cleaning fee on Airbnb includes end of stay clean, damage protection waiver, a booking fee assessed by the local property managers, and on applicable homes, a fee to cover pool/spa heat – plus applicable taxes. Additionally, the base rental rate includes local tax.
1. Minimum Age to Rent a Vacation Rental
You must be a minimum of 25 years of age to rent a property.
2. Check In and Check Out Procedures
Check in is at 4:00 PM and instructions for your rental will be provided once your stay is booked. Check-out is at 10:00 AM on the day of your departure.
3. Occupancy Limit
You may not assign this agreement nor sublet this Property. Further, the property manager does not rent to non-family groups unless all members are 25 years of age or older. If we determine at check-in or thereafter that tenants do not meet the specified age requirements, the rental agreement is breached and the tenants will be denied access to the property or subject to eviction without refund. All properties have a clearly stated maximum occupancy. Exceeding the maximum occupancy will incur similar penalties under this Agreement should your occupancy be over 30 days, you will be required to have monthly maid service, at your expense, to be provided by the cleaning service assigned to the house by Manager. All housecleaning of the property shall be by the cleaners employed by the Owner or by the Manager.
4. Handicap Accessibility
Many of the rental properties covered under this agreement are not handicap accessible. If you require a handicap accessible unit please verify the property you are renting provides the accommodations you need prior to making a reservation.
5. Parking Limit for Rental
The maximum number of cars allowed for your rental will be limited to the number of onsite parking spaces available for the unit or home. Note: parking on the streets is not be allowed by law. Cars must park within the Property limits. To avoid towing, please do not park on the street. Trailers and RVs are not permitted at the properties. Each unit or home will have parking for at least one vehicle.
6. Damage Waiver
A nonrefundable Damage Waiver Fee is included in the total rate. REPORTED damage to the Rental Property and its contents, not to exceed the amount of coverage (up to $1,000.00 of unintentional damage). The Damage Waiver Fee does not cover intentional damage, theft, unauthorized entry into the owner’s supply closet, unauthorized pets, Checkout after 10:00 AM on Departure Day, Check-in before 4:00 PM on Arrival Day, extensive cleaning required at check-out, damage or cleaning due to smoking, exceeding occupancy limits or parking limits, any reservation made fraudulently by an underage guest, loss of use of the covered property, and any other charges/policies in Manager’s Rental Policies and Rental Agreement including any fines imposed on Manager by the City, County, State or applicable home owners or condo owners or community association (collectively, the “Association”) or any other applicable governing authority as the result of Guest’s violation of any law, ordinance, rule or regulation or any fines or cost levied against Guest or visitors of Guest (“Excess Damage Costs). Guest will be notified of any Excess Damage Costs in writing. Any Excess Damage Costs will be also charged immediately to the Guest’s credit card. Guest, by digitally signing below, assumes full responsibility for any items found to be missing and any damage due to misuse, negligence or action on Guest's or Guests visitor’s part, except in the case of normal wear and tear reported to Manager within 24 hours of Check-in. Please never relocate or rearrange furniture or furnishings during your stay. You will receive the Property in reasonable condition and you shall maintain the Property. You will be liable for any loss or breakage of the contents of the Property. As stated, if there is breakage or damage to the Property or the furnishings or appliances, you shall report such finding to the property manager’s office as soon as possible. Damages totaling less than $1,000 must be reported in writing to our office prior to departure in order to make a claim under the $50 damage waiver. If Guest does not report in writing damage subsequently discovered by Manager, Manager will charge Guest’s credit card to return said damage to condition prior to Guest’s arrival. Please note that the damage waiver fee does not cover intentional damage, negligence, or willful or malicious damage to the home. The damage waiver fee may not be used to cover damages caused by a pet.
7. Disclosure, Indemnification and Insurance Swimming Pool and Hot Tub
Guest and guest’s party agree that property is not a handicap accessible property. Guest agrees to indemnify and hold harmless Manager and the owner of the Property (“Owner”) against all loss, damage, expense, and penalty arising from any action of the Guest or visitors of the Guest which causes injury or death to any person or damage to any property. Manager is the Manager and the Agent of the property owner and is acting at all times in the best interest of the owner. Guest(s) agree to indemnify and hold harmless the property owner and MANAGER, its agents, their employees and all their representatives from claims, suits or damages of any kind including personal injury arising out of or related to: (a) any acts or omissions of Guest(s) or their guests or invitees, (b) Guest's occupancy of the property including damages or losses arising from Property Management, their employees' and all their representatives' negligence or gross negligence, (c) theft of, or damage to the personal property of the Guest(s) or their guests or invitees, personal property, (d) any damages or losses relating to fire, acts of God, criminal acts, acts of the Owner's or MANAGER's negligence or gross negligence or failure thereof, or (e) the presence mold or hazardous materials. Under no circumstances shall Guest(s) be entitled to recover consequential, incidental, or punitive damages from Manager, or Owner, their owners, their employees or their representatives. Guest is encouraged to secure the appropriate travelers or vacation insurance and/or renter’s insurance.
Guest has been informed and understands that Property may have a hot tub or swimming pool on the premises. Guest agrees to assume sole responsibility for the safe and proper usage thereof and sole responsibility for the safety of all occupants of the Property and guests. Use: Guest shall use the hot tub or swimming pool in a careful and proper manner and shall agree not to permit the hot tub or swimming pool to be operated or used in any illegal way. Only the guests listed on the Vacation Rental Agreement are authorized to use the hot tub or swimming pool. Indemnity: Guest agrees to indemnify and hold harmless Manager and the Property owner against all loss, damage, expense and penalty arising from any action of the guest which causes injury to any person by the operation or handling of the hot tub or swimming pool during the term and/or while the hot tub or swimming pool is in the control of the Guest. Release: Guest assumes all risks and liability for the loss of or damage to the hot tub or swimming pool or any part of the hot tub or swimming pool, from the death or injury to any person, property of another, and for all other risks and liabilities arising from the negligent use or operation of the hot tub or swimming pool at the property. Nothing in this Lease shall authorize the guest or any other person to operate the hot tub or swimming pool so as to impose any liability or other obligation on Manager or the owner of the Property.
Pool Heater Clause: Guest(s) shall not change the temperature setting of the pool heater, if applicable, without the permission of the property manager. Unauthorized resetting and/or tampering with thermostats will not be tolerated and will incur a $500.00 excessive utilities usage charge against the guests’ credit card. Important Safety and Use Instructions:
1) WARNINGS: Persons using any medication or anyone with a medical condition including, but not limited to, obesity, heart disease, low or high blood pressure, thyroid disease, multiple sclerosis, diabetes or circulatory system problems should consult a physician before using the hot tub since the hot tub affects heart rate, blood pressure and circulation. Pregnant women, and women who may possibly be pregnant, should not use the hot tub. Excessive water temperatures have a high potential for causing fetal damage during the early months of pregnancy. The use of alcohol or drugs in or around the tub or swimming pool is prohibited. The hot tub may cause lightheadedness and use of these substances may lead to unconsciousness with the possibility of drowning. Individuals using medications should consult their physician before using the hot tub since some medications may induce drowsiness, while other medications may affect heart rate, blood pressure and circulation. Hyperthermia (heat stroke) is a dangerous condition brought about by excessive heat. The symptoms include: sweating, dizziness, nausea, light-headed, convulsions, increased pulse rate, shallow breathing, possible unconsciousness. If you suspect hyperthermia, get medical help immediately.
2) Water in the tub should never exceed 104 degrees. Water temperatures between 100 degrees and 104 degrees are considered safe for a healthy adult. Lower water temperatures are recommended for young children. If there are any problems with the hot tub or swimming pool, including any mechanical, electrical or chemical, please call the Manager immediately and do not enter the hot tub or swimming pool. Never use the hot tub or swimming pool alone. Do not permit children to use the hot tub or swimming pool unless they are closely supervised at all times. While the hot tub or swimming pool is being serviced, we ask that you keep children and pets away from the hot tub area or swimming pool. Do not stay in the hot tub or swimming pool for extended periods of time. Set reasonable time limits (10 minutes is recommended). The hot tub must always be left covered and locked when not in use. This is for the safety of your family and any children in the area.
8. Arrival and Departure Requirements
You agree to vacate the property by 10:00 AM on the date stated for departure. Due to a need for the Manager to professionally clean the Property through its agents, Check-in and Checkout times must be strictly enforced by Manager. Checkout after 10:00 AM on Departure Day without prior written approval by Property Management and payment of additional fee will incur an additional full day’s Rent which will be charged as Excess Damage Cost against the credit card on file. You agree to return all keys to the office and lock all windows and doors to the property and set alarm, if applicable. You further agree to leave the property in a reasonably clean condition. You will be charged the cost to re-key the property should any keys not be returned. Further, if the house is not properly locked and the alarm armed (if applicable), Guest may be financially responsible should a burglary occur, any water damage resulting from open windows or open doors, etc., and/or any time spent by Manager to remedy any of the above.
9. Trash Collection and Cleaning
It is the responsibility of the Guest to leave the Property in reasonably clean condition and to remove all Guest's property, including disposing its trash upon Departure at any of the dumpsters designated for trash removal at the rental property. During stay, Guest agrees to bag and remove all trash and garbage to designated dumpster areas. (c) Prior to Departure, guests are asked to clean all dishes (or run the dishwasher prior to leaving), and bag and remove the trash from Property to outside dumpsters as referenced above. If Manager's cleaning service is required to spend more than five (5) hours cleaning the Property or if a trip to the dump is required to haul away excess trash, an additional fee will be charged at $50 per hour beyond the five (5) hours (plus Dump Fees), and will be charged against the credit card on file.
10. Cancellations and Possible Relocations
If the Property becomes unavailable to the Guest prior to occupancy, due to no actions, negligence or fault of Manager or its agents (“unavailability” under this Agreement is more particularly described herein as “owner occupied”, occupied by guests of owner, occupants of owners guests) Manager agrees, in these circumstances only, to refund the full amount paid, and Guest agrees to release any and all claims against Manager and its agents or affiliates. Nonetheless, in the event of such other unavailability of a rental property for other unforeseen or natural circumstances, including but in no way limited to: where such road/bridges prevents a particular access to a rental property or is obstructed from the institution of curfews or roadblocks by a county, HOA, city or municipality, through no fault of Manager or its agents, Manager agrees to use its best efforts to accommodate the Guest by reserving the right to move, relocate, reassign or change the rental property, and Guest agrees that under said circumstances does not warrant in any way justify a refund or reimbursement of rental monies under this Agreement. However, the Manager in its sole discretion may provide a refund or reimbursement of certain rental monies to the Guest if any and all efforts to accommodate Guest have been exhausted.
“Unforeseeable” circumstances may arise which make it impossible or impractical for Manager to provide the anticipated accommodations to Guest. Such circumstances may include, but not be limited to, scheduling problems, roadblocks, curfews, equipment failures, as well as a fire or other casualty at the Premises. In such a circumstance, Manager reserves the exclusive right to transfer Guest and/or its occupants to another vacation rental property of reasonably comparable value, determined in the sole discretion of Manager, whose determination shall be final. In other circumstances such as acts of God, acts of war, acts of terrorism, hurricanes, wind storms, tornadoes, fires or snow or other natural occurrences, said circumstances not being exclusive, it may be impossible or impractical for Manager to make available reasonable or other alternative accommodations to Guest. In such a circumstance, Manager may return or provide a reimbursement of the payments received from Guest. Guest and parties listed above must comply with any and all mandatory evacuation orders, if any.
Early departure by the guest at the rental property for any reason (excluding mandatory evacuation) do not warrant any refund of rent to Guest. In the event of a mandatory evacuation order issued by a county or otherwise, Guest agrees to comply with such order, and Manager after attempting to move, relocate or reassign Guest to a comparable or similar rental property, may agree in this specific circumstance to refund, credit or reimburse Guest of rental monies for only the dates affected by the mandatory evacuation. Guest understands and agrees that a partial refund of rental monies may be justified by Manager for only such dates associated with the mandatory evacuation, and no other reimbursement of rent will be approved.
Unforeseen Circumstances. If the subject Property becomes unavailable [as described in section (9) herein, or uninhabitable for any reason, Manager reserves the right to: (i) move/relocate the Guest to a comparable or similar rental property, or (ii) cancel this Agreement without penalty and pending a full or partial return of Guest(s)’s monies depending on the circumstances, and at sole discretion of Manager. Further, Manager cannot be held liable for any acts of nature or major mechanical failures that would prohibit or limit the use of subject rental property. Guest understands and further agrees that the health of Guest or their guests or children does not constitute grounds for refund.
11. Guest List and Occupancy Limits(a) Use and occupancy of the Property is limited to the named Guest. Occupancy exceeding the stated limit will result in immediate eviction and forfeiture of all amounts paid. Exceeding these limits shall result in ejection from the Property pursuant to any applicable state laws, and Manager and Owner shall be entitled to take such actions and pursue such remedies under the law. (b) The registered Guest and party(ies) on this Agreement are the only overnight guests allowed, unless prior written permission is received from Manager. The Guest signing this Agreement must be at least (25) years of age and will be held responsible for all other parties and/or guests of the Guest for compliance with this Agreement, with listed policies, ordinances, rules and regulations and for any losses incurred by Manager or to the Property due to negligence or vandalism. (c) Weddings, receptions, and parties of any kind are not allowed by Guest without a written request and approval from Property Management. Additional fees will be charged for events and vary per rental. In the event that Manager approves an event for Guest on the rental property, such approval shall not exceed the maximum occupancy limits for the rental property listed below at any time.
12. Smoking, Pets and Care of Property
There is no smoking permitted in the Property. You shall not redecorate, alter, or move furnishings or artwork. You shall not allow any pets on the property without permission from Manager. You will comply with all condominium rules or neighborhood rules. No boats, motorcycles, RVs, campers or motor homes are to be kept on or near the property. Please be aware that you are staying in an historic old town with charming neighborhoods. Please be respectful of your neighbors. Property shall not be occupied by more than the maximum allowed for sleeping per the property reservation receipt. Property may not be used for events, such as weddings, parties, reunions, etc. except at the sole written authorization of Property Manager and shall be subject to any home owner’s association rules and regulations.
13. Repairs and Maintenance(a) Repair and maintenance problems must be brought to Manager's attention within 48 hours of occupancy or occurrence, or Guest will be held liable for all such damages or repairs. Property manager will have 48 hours from the time of notification by to cure any problems reported, unless the same is unable to be cured during said period, in which case Manager shall have a reasonable time to cure such problems so long as Manager is making diligent effort to cure the same. Simply notifying the manager of a problem during the 48 hour period does not entitle the guest to any refunds whatsoever, nor the right to terminate this agreement. Property manager will make reasonable efforts to notify the condo association of any problems in common areas, but is in no way responsible to correct defects in these facilities. (b) Maintenance issues or defects in common areas or facilities do not entitle the guest to any refunds whatsoever, nor the right to terminate this agreement Manager will not be responsible for any unauthorized expenses incurred by Guest or his/her guests. Costs of needless or unauthorized service will be charged as Excess Damage Cost against the credit card on file. Maintenance responsibilities are as follows: Manager: Electricity, water, sewer, basic cable, and start up initial supplies as this is self-catered vacation rental (1 toilet paper per bathroom, 1 paper towels, dish soap, hand soap, dishwasher detergent and garbage bags). (c) Each property is cleaned prior to your arrival. If you feel certain areas were missed, please contact our Housekeeping Department within 12 hours of your arrival. This will allow manager the opportunity to send the cleaner back, to complete the cleaning process and provide proper corrective action in a timely and satisfactory manner. No Refunds will be issued to guests as compensation for self-cleaning the area in question.
Guest: Long distance or toll calls, extra cleaning fee (if Guest leaves Property messy or damaged, as above), or extra propane or electric usage or Pool Heater(see below). If any of the preceding charges are incurred, an Excess Damage Cost will be charged against the credit card on file up to 30 days after Departure Date pending final invoices and Notice of Claim from Manager.
Our Manger’s staff shall be reasonably available to respond to maintenance issues. Guest is advised to call immediately Guest discovers a repair or maintenance that is required. However, no refunds will be given for repairs, maintenance issues or appliance failure or other circumstances. Guests are strongly encouraged not wait until Guest is checking out to Manager know about repair or maintenance problems. Manager will order repairs in a timely manner once notification is given by the Guest. Guest(s) agree that MANAGER and its representatives shall not be liable for any losses or damages including incidental or consequential damages, caused by the Property Owner's or MANAGER's failure to perform repairs and maintain the property. No rental adjustments or reimbursement s for any reason whatsoever will be made for repairs or maintenance or the malfunction of equipment or appliances.
Our vacation rentals are individually owned and furnished. Please do not rearrange the furniture, take any items outside that are part of the interior decor, move any furnishings from one room to another or into another unit. The guest will be charged if Manager has to rearrange the furniture after your stay. The unit descriptions were correct at the time of printing but subsequent owner changes and renter wear and tear may have resulted in changes. Although every effort has been made for accuracy, MANAGER is not responsible for errors, for property changes made by the owners, or for any conditions beyond our control upon arrival. Note: MANAGER's web site, employees, workers and representatives represent the properties to the best of their ability and assume no liability for errors or omissions. Since the premises are privately owner, MANAGER is not responsible for any changes in furniture or any missing furniture that may occur. Guest expressly agrees to indemnify owner for any damages or costs to the premises, furnishings, equipment and household items therein that occur during the guest's occupancy excluding normal wear and tear.
15. Management Access to Property During Your Stay
Manager employees or vendors may arrive unannounced to conduct regularly scheduled services such as trash removal, hot tub or pool services or HVAC filter inspection during your stay. Such services will require entry into the property for a brief period of time, even if you are away during their arrival.
16. Unit Assignment
Due to circumstances beyond the control of the property manager, if the property becomes unavailable for any reason, we reserve the right to move, relocate, reassign or change the rental property noted on your confirmation. The property manager, or its agents, will use best efforts to locate a comparable property at a comparable price. In event that such a property is not available, Guest(s) may receive a refund of all or partial amounts paid and agree to hold the property manager, its agents, and the owners of the property, it employees, agents and representatives harmless for any costs or inconveniences suffered, including any damages or costs resulting from negligence. If Guest(s) agree to move to a property with a higher rent, the Guest(s) will be responsible for any price differential. I fully understand and accept the forgoing provision as outlined above
Not all properties are Pet Friendly. Guest agrees to abide by the pet rules and regulations at the pet friendly properties, and Guest agrees to be liable for any damages or injuries caused by the pet(s), and shall not in any circumstance be the responsibility of Manager. Guest further agrees to indemnify and hold harmless Manager and its agents, and defend against liability, judgements or expenses or claims by third parties for any and all injuries or damages caused to property or any third parties by a pet of Guest or parties of Guest. Guest further understands and agrees to forever release and discharge Manager and its agents, or assigns from any and all claims, demands, causes of action, or any injuries whatsoever which may have been caused by Guests pet, or its occupants pets, and to hold Manager free and harmless of any claims or suits arising therefrom. Guest further agrees that they are strictly responsible to abide and comply with any and all pet policies and procedures for pets including those certain rules and regulations established by the applicable condominium associations, Home Owner Associations (HOA), and/or property management companies, and that any resulting fines, citations, imposition of fees, or expenses thereto issued to the Guest, or its occupants, for violation and/or breach of any such rules, including Guest’s or its occupants failure to keep a “leash” on all pets when outside the unit, if pets are accepted at the property, it shall be the sole responsibility of Guest, its occupants, or parties of Guests, and shall not be the responsibility of Manager or its agents whatsoever in connection with rental of the property. Pets are not allowed in your rental at any time. This applies to anyone in your group including local visitors. Bringing a pet into a non-pet friendly rental can result in eviction without refund and additional charges to your credit card for cleaning and damages. By signing herein Guest fully acknowledges they understand and accept the pet restrictions as outlined above
Please note that if pets are not allowed in your rental, this applies to anyone in your group including local visitors. Bringing a pet into a non-pet friendly rental can result in eviction without refund and additional charges to your credit card for cleaning and damages.
Evidence of smoking or smoking paraphernalia is strictly forbidden inside of the property. Smoking is only allowed outside. Evidence of smoking or smoking paraphernalia inside the property will result in immediate eviction and forfeiture of all amounts paid and will result in additional $500.00 Fee to Guest as Excess Damage Cost and will be charged against the credit card on file. Guest shall abide by Property rules which may prohibit smoking within certain distances of buildings or on balconies. All properties are non-smoking. However, smoking is permitted outside, unless Fire Restrictions of Santa Fe County are in force. Please check with the office for current fire restrictions. If smoking outside is not banned, please dispose of all ashes and butts properly. DO NOT leave cigarette butts on the ground, deck or any place other than a proper trash receptacle. There is a $500 charge for smoking in any property.
19. Casualty or Destruction
Should the Property be totally destroyed or rendered “uninhabitable” or “condemned” by a county or city by an Act of God (including, but not limited to, hurricanes, tornadoes, storms, snow, sandstorms, floods or fires), or by environmental disaster, or loss of utilities prior to occupancy by Guest, this Agreement may become null and void, and all payments made hereunder may be refunded to Guest by Manager at Manager’s discretion.
20. Amenities, Construction, Exterior Noise, Pest Control, Cable, TV, Internet
On occasion a property owner or Association may find it necessary to close a hot tub, pool, tennis court, spa, hot tub, kids pool, grill, or other amenity for repair or maintenance purpose. The property owner or association also controls the temperature and associated operating conditions of these amenities. The property owner or association also controls the construction around the amenities or property. Manager is not responsible for the operation, closure, construction, or malfunction of these amenities well as weather conditions or temperature recovery times that prohibit their use. Manager is also not responsible for the noise from a unit or property above, below or adjacent. Any noise disturbance issues are expressly the responsibility of local law enforcement. No rental adjustments or refunds will be made as a result of any of the above conditions. In addition, Manager is not responsible for any construction next door to a property, across from a property or near a property including noise from construction equipment. No rental adjustments or refunds will be made as a result of these conditions.
Properties are treated on a regular basis for pest control through the condo association, homeowner association or owner of property. Insects, and based on the destination of your rental, reptiles like lizards and rodents may exist. Manager is not responsible for pests in the property and no rental adjustments or refunds will be made as a result of these conditions. MANAGER will make the effort to remediate the issues should they arise once we are notified but is not responsible should the event occur. No rental adjustments or refunds will be made as a result of insect, reptile or rodent conditions. In terms of utilities including internet and cable TV, no compensation or refunds will be made for outage of electricity, gas, water, internet, and television or telephone services. If there are interruptions in service please let us know and we will work to restore your service as promptly as possible.
Air Conditioning: Some of our properties do not offer refrigerated air conditioning. If this is a concern, please confirm that the property you have leased does have refrigerated air conditioning or evaporative cooling.
Internet Access: Many of our homes have various types of internet access provided by various third parties. Neither Manager nor Owner is responsible for data loss, theft, loss of internet access or connection or inability of a Guest to connect to the internet. Should you require service for the Internet beyond the instructions provided in the Property Manual, you may incur a service charge;
Security Alarms: Manager and Owner have not made any representations about an alarm system. Neither Manager nor Owner’s insurance covers loss or damage to the Guest’s personal possessions. Guest bears all risk of loss at the property. If there is an alarm at the property this may not be operated by the Guest during your stay, nor is the Manager responsible for the operation of same.
21. Noise Ordinance(s)
The Property may be located in a neighborhood which has a "noise ordinance" in effect after dark. All Guests agree to respect the Noise Ordinance and to use common sense in keeping noise volume low after dark. Any police enforcement actions by the City, County or Home/Condominium Association are at the sole risk and expense of the registered Guest and may result in Excess Damage Cost and/or immediate eviction and forfeiture of all amounts paid pursuant to New Mexico law. For Santa Fe guests only (not applicable to any Taos, Angel Fire or Ruidoso guests): Pursuant to Santa Fe City Ordinance 2009-40, no outdoor activity is allowed beyond 10:00 PM. This includes decks, portals, porches, balconies, yards or patios. You shall not violate any laws while occupying the property. Likewise, you will subject your Guests and Invitees to the same rules and regulations that you agree to herewith.
Some private homes do not have parking access in the garage or on the street. No parking of automobiles, motor homes, campers, trailers or motor vehicles of any kind used by the Guest, its patrons or occupants are permitted to park on any adjacent lots or neighboring homes in the area, including but not limited to any non-designated parking areas. Guest further agrees that any parking by Guest, or its occupants, or all parties with the Guest, shall be at Guest’s own request, direction, and sole risk of any and all other resulting loss and/or damages caused to said vehicles, or any and all injuries resulting from such parking, including any injuries/damages caused to third parties and shall not in any way be the responsibility of Manager. Guest shall indemnify Manager and its agents for any loss or damages resulting from such parking. Motor Homes: No hook-up or use of any camper, bus, van, motor home or tent in conjunction with any rental property allowed.
23. Guest Registry
Some Communities and HOA’s require additional Guest registrations. Guest agrees to adhere to any and all rules and regulations set forth by these communities and HOA’s. Guest acknowledges and understands that not adhering to these specific rules and regulations potentially subjects their arrival and occupancy to delay or refusal.
24. Access to Property for Showing
If Property is placed on the market for sale, Guest agrees to allow the Property to be shown to prospective buyer(s) upon reasonable notice of 24 hours or more to Guest. Property may be shown to prospective future guests in the same manner and upon such notice. By acceptance of this written contract, you agree to allow the rental property to be shown to prospective buyer(s).
25. Liability and Damage
Guest agrees to defend, indemnify and hold Manager and its agents, and property owner harmless from any and all liability, claims, loss, property damage or expenses, arising by reason of any injury, death or damage sustained by any person, or to the property of any person, in or on the Property during the Term of this Agreement, including Guest, additional invitees or visitors of Guest, where such injury, death or damage is caused by a negligent or intentional act of Guest, additional guest or any of Guest’s visitors or invitees. Guest is encouraged to secure the appropriate travelers or vacation insurance and/or renter’s insurance.
26. Cause for Eviction
The Guest and all parties with the Guest will be subject to immediate eviction from the Property under the Guest or parties of the Guest violate any terms of this Agreement, including but not limited to, violation of the occupancy limits, pet provision, smoking, noise ordinance or parking. In the event of eviction from the Property, the Guest shall forfeit all payments. Additional reasons for eviction:
- Illegally possess or deal in controlled substance(s) pursuant to T.C.A. Section 39-17-401.
- Intoxicated Publicly. Profane Language.
- Lewd and lascivious conduct.
- Engaged in brawling and any other physical violence.
- Indulge in any language or conduct which disturbs the peace and comfort of other guests or could injure the reputation, dignity, or standing of this establishment.
- Have any guests who are illegally on this establishment's premises. Refuse to vacate the property at the departure date and time
27. Falsified Reservations
Any reservation obtained under false pretense will be subject to forfeiture of Reservation Deposit and Final Balance, if paid, and such party will not be permitted to check in and/or will be subject to immediate eviction with the forfeiture of all payments.
28. Succession, Assignment
This Agreement is binding on, and the benefits inure to, the heirs and personal representatives of the parties. However, neither this Agreement nor any rights hereunder may be assigned (in whole or in part) by Guest.
29. Release/Additional Terms and Conditions
The undersigned, guest, his/her heirs, assignors, executors, and administrators, fully releases and discharges Manager from any and all claims, demands and causes of action by reason of any injury or whatever nature which may have occurred to the undersigned, or any of his/her occupants or guests as a result of, or in connection with the occupancy of the premises and agrees to hold Manager free and harmless of any and all claims or suits arising therefrom. 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 reasonable attorney fees and costs.
If Guest or any member of Guests party or visitors violate the terms of this Agreement, Manager may terminate this Vacation Rental Agreement with no refunds. Manager has the right to inspect the premises without prior notice at any time to enforce the terms of this agreement. Should the Guest or their guests use the unit for any illegal or unlawful purpose including, but not limited to the possession, serving, or consumption of alcoholic beverages by persons less than 21 years of age, or use of common areas in a manner contrary to the provisions of this agreement, or the rules of the homeowners association, the rental period shall be terminated immediately with no refunds. Manager and/or its agent may enter the premises and remove Guest, the members of Guests party, and their belongings. Guest is notified that all individuals occupying the Unit will be subject to immediate eviction procedures under the law.
31. Voluntary Eviction Notice
By agreeing to the following terms: I understand that I agree to the owners/management of this establishment have the right to evict me should I violate any of the following as described below. Legal rules and policies of condo associations and home owner associations or ordinances of towns and cities are also legally binding.
Illegally possess or deal in controlled substance(s). Intoxicated Publicly. Profane Language. Lewd and lascivious conduct. Engaged in brawling and any other physical violence. Indulge in any language or conduct which disturbs the peace and comfort of other guests or could injure the reputation, dignity, or standing of this establishment. Have any guests who are illegally on this establishment's premises. Refuse to vacate the property at the departure date and time. Any other violation of any term of this Agreement. By checking the box that I accept the rental agreement I fully acknowledges that I understand and accept the terms above.
32. Settings on A/C and RefrigeratorRefrigerator/ Freezer
Always set on MEDIUM. Check-in day is also check-out day. Since this appliance has been open for long periods of time today, it cannot handle an overload of warm foods all at one time. It is advised that you leave drinks and items that do not need immediate refrigeration in the pantry or in your cooler. Avoid overfilling the first day you are here. It can take up to 24 hours to cool down when filled with food.
Air Conditioners- Do not set below 72 degrees. On extremely hot days when it is (90+ degrees) please be aware that the A/C units will not cool below 20 degrees difference from the outside temperature! DO NOT set the temperature to a lower setting, the unit will freeze up and you could cause serious damage to the A/C unit! Keep doors and windows closed. Turn on ceiling fans.
*** If we receive a call for service on either of these items and the property manager finds that systems are not working because you have reset the controls you will be charged for the service call.
All guests/occupants must evacuate the Property immediately upon the posting of an evacuation order by local, state or federal authorities.
34. Fireplace and Fire Pits (where applicable)
Some homes may be equipped with either a gas or wood burning fireplace(s). In homes having a wood burning fireplace(s), wood may be furnished from Thanksgiving till Easter weekend. Kindling and/or fire starter logs are not provided. Due to lack of storage or Property Owner preference, wood is not furnished for Condos and in some homes. It is recommended that only compressed wax logs be used in condos. Be certain the flu is open on all wood burning units prior to starting a fire. Keep spark screens in place at all times. Fireplaces may not be operational during the months of May through October. No foreign materials are to be burned in gas fireplaces. For your safety, never move the logs in the gas fireplace. Doing so can cause carbon monoxide and heavy black soot. Guest Agrees not to leave a fire unattended. Guest agrees that use of the fireplace is at your own risk. Any damages or injuries to Guest, Guest’s occupants, or third parties that result from such use are not the responsibility of the Owner/Manager, Agents, or its Affiliates. Guest further agrees that any such damages and/or injuries are the sole responsibility of the Guest and at your own risk. For those properties with a wood burning fireplace, complimentary wood may be provided for the first night. DO NOT dispose of hot ashes. Only use the metal ash bucket provided. DO NOT PUT WOOD ON GAS LOG FIREPLACES. A charge will be assessed for any damage done by misuse of the fireplace.
35. Swimming Pool and Hot Tub Information (where applicable)
Guest has been informed and understands that some properties may have a hot tub and/or swimming pool on the premises. Guest agrees to assume sole responsibility for the safe and proper usage thereof and sole responsibility for the safety of all occupants of the Property and guests.
Use: Guest shall use the hot tub and/or swimming pool in a careful and proper manner and shall agree not to permit the hot tub and/or swimming pool to be operated or used in any illegal way. Only the guests listed on the Vacation Rental Agreement are authorized to use the hot tub and/or swimming pool.
Indemnity: Guest agrees to indemnify and hold harmless Manager and the Property owner against all loss, damage, expense and penalty arising from any action of the guest which causes injury to any person by the operation or handling of the hot tub and/or swimming pool during the term and/or while the hot tub and/or swimming pool is in the control of the guest.
Release: Guest assumes all risks and liability for the loss of or damage to the hot tub and/or swimming pool or any part of the hot tub and/or swimming pool, from the death or injury to any person, property of another, and for all other risks and liabilities arising from the negligent use or operation of the hot tub and/or swimming pool. Nothing in this Lease shall authorize the guest or any other person to operate the hot tub and/or swimming pool so as to impose any liability or other obligation on Manager or the owner of the Property.
Pool Heater Clause: Guest(s) shall not change the temperature setting of the pool heater without the permission of the property manager. Unauthorized resetting and/or tampering with thermostats will not be tolerated and will incur a $500.00 excessive utilities usage charge against the guests’ credit card.
36. Disputes, Fees and Costs
This Agreement shall be governed by and construed in accordance with state law. Any and all disputes arising out of or related to this Agreement and regardless of the form of action or theory (whether in contract, tort, or otherwise), shall be subject to binding arbitration in the county that the rental resides as the exclusive agreed upon venue. The arbitration firm will be selected by the Property Management. The costs of arbitration as charged by the arbitrator shall be divided equally between the claimant's and the respondent's side of any case. Guest agrees that Manager has valid legal procedures for complaints and disputes to be addressed and resolved.
37. Issues of the Environment
1) Under this agreement Guest is leasing a residential property or home. Many unknown conditions at a home or property can cause injury or illness to the occupants of the property. More frequently, cases are reported in which occupants of a property suffer injury or illness as a consequence of unknown environmental conditions, such as residue or mold from house products (cleaning products, perfumes, air fresheners, etc.) Neither the Manager nor the Owner is qualified to find or detect or evaluate such environmental conditions that can cause injury or illness. If you become suspicious that such a condition exists at the property, you are required to promptly report your suspicion to the Property Management office immediately. For any and all fire-related, police-related or health emergencies, call 911 first. Guest shall waive any claim for damages for Guest or Invitees to the property resulting from an unknown environmental condition on or near the property.
2) 4WD DISCLOSURE STATEMENT
I understand and acknowledge that the property I have reserved may require a 4-wheel drive vehicle to access during the winter months (applies to many Angel Fire and other NM properties). I further understand and acknowledge that the Property Management, its employees or property owners will not be responsible for charges incurred for any additional snow plowing required in the event a non-four wheel drive vehicle is unable to access the property. The Property Management, its employees or property owners will not be responsible to provide me with alternate transportation in the event that my vehicle is inadequate to access the above property, nor will the Property Management, its employees or property owners be under any obligation to refund any rental monies in the event my vehicle is inadequate to access the above property.
NOTES PERTAINING TO SPECIFIC RENTALS/DESTINATIONS
- It is imperative that the Guest not place the trash can and/or bags at the curb until 6:00 PM prior to the designated collection day and to retrieve the trash can after trash pickup and prior to the end of the collection day. Trash pickup will not occur on major holiday.