RESERVATIONS: All reservations are subject to Management and property owner (“Owner”) approval. Online rates are subject to change without notice. NO ONLINE BOOKINGS ARE CONFIRMED UNTIL MANAGEMENT CONTACTS GUEST TO CONFIRM WITHIN 48 HOURS OF RESERVATION REQUEST. Should there be ANY issues with the reservation, Guest will be contacted within 48 hours.
CREDIT/DEBIT CARD: Guest hereby consents and approves Park City Rental Properties’ (“Management”) use of the credit/debit card on file to secure and pay in the full cost of the vacation rental home selected on the booking website of choice as provided in the Agreement through the booking channel and charged to the credit card.
PAYMENTS MADE ARE INDISPUTABLE AND NONREFUNDABLE: Guest hereby knowingly and voluntarily waives the right to dispute any and all credit/debit card charges pertaining to the rental, associated service fees and/or damages and agrees that any and all credit/debit card charges shall not be disputed. Any conflict or disagreement of these credit card charges related to this reservation shall be resolved through arbitration in Summit County, Utah.
CANCELLATION POLICY: Guest hereby acknowledges and agrees that the reservation fees under this Agreement are NON-REFUNDABLE and the reservation cannot be canceled for any reason, including but not limited to, natural disasters, act of God, pandemics, and/or certain foreseeable or unforeseeable circumstances such as sudden illness, death in the family, etc.
TRAVEL AND VACATION CANCELLATION WAIVER: At the time of booking Guest was offered the option of purchasing a cancellation waiver (“Cancellation Waiver”) for an amount equal to the 10% of the reservation value. Guest shall have until 48 hours after booking to add the Cancellation Waiver. If the Cancellation Waiver was purchased, it will be listed in the itemized charges provided below. In the event Guest purchased the Cancellation Waiver and wishes to enforce it, Guest shall provide Management with at a minimum 48 hours’ prior notice prior to the day of check-in by both calling and emailing Management. In the rare event that Management does not answer either calls made to the Local or Nationwide numbers as provided herein, Guest shall leave a voicemail with the time and day and name of Guest leaving the voicemail, reservation details including arrival day, confirmation number, the name the reservation is under, and the reservation unit, and that the Guest is requesting to enforce their Cancellation Waiver. If Guest does not provide Management with at least 48 hours’ prior notice prior to the day of check-in, any Cancellation Waiver is invalid. If the notice and timing of the Cancellation Waiver are proper, Management will issue a refund check or credit the original credit/debit card for the cost of the reservation minus the cost of the wavier within 5 to 7 business days.
Management strongly encourages all guests to purchase a cancellation waiver. If purchased by Guest, the Cancellation Waiver shall provide for reimbursement for prepaid, otherwise non-refundable expenses due to unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses such as sudden illness or death in the family.
UNAVAILABILITY: If for any reason beyond the control of Management the reserved rental unit becomes unavailable, Management may substitute a comparable rental unit with Guest’s approval. In the event that Management does not offer a comparable rental unit and Guest does not approve, this Agreement shall be void and Management shall refund in full all payments made by Guest. In the election to void this Agreement, Guest waives any and all claims arising out of this Agreement, including without limitation any failures by Management to perform under this Agreement.
STRICT NOISE ORDINANCE: Park City and/or some HOAs have strict noise ordinances that must be followed. Loud noises, music, and/or loud vehicle noises are not permitted between the hours of 10:00 pm and 7:00 am. If Guest violates this provision or Park City’s and/or HOA ordinances, Guest may be fined by Park City and/or the HOA and Management may evict Guest and Guest’s visitors and licensees from the residential rental unit, and Guest may forfeit the entire rental amount and security deposit.
SECURITY DEPOSIT/DAMAGE WAIVER: Prior to, during, and continuing after the conclusion of the Guest’s reservation detailed in this Agreement, a valid credit Card shall be kept on file. Any deposit is provided in the itemized list herein. Guest had the option of paying $89.00 for a damage waiver (“Damage Waiver”) to cover up to $3,000.00 in accidental damages or a deposit, provided that the manager is informed by the tenant of such damages before, or at check out. Any damage costs that are above the coverage of the Damage Waiver or deposit as provided in the itemized list herein, or not informed to the manager before, or at check out, the credit card on file will be charged. Guest hereby grants consent for Management to charge the credit card on file for any damages, missing items, excessive cleaning, fines, and, if necessary, cost incurred to remove Guest from the property.
CLEANING: Premises will be delivered to Guest in a professionally cleaned condition. Upon termination of occupancy, Management will arrange for a professional cleaning service to clean premises. Guest is responsible for the cost of this cleaning. The cleaning fee is mandatory, non-negotiable, and non-refundable. Should Guest use and activity of property necessitate something other than Management’s regular cleaning services, Guest will be charged for associated excess costs.
AMENITIES: Park City Rental Properties provides the property with a complimentary starter pack of amenities including rolls of paper towels, dishwasher tablets, trash bags, dishwashing liquid, hand soap, shampoo, conditioner, body lotion, toilet paper, detergent and basic condiments. You are responsible for the purchase of any additional items you may require during your stay.
PETS: Pets are NOT allowed. In some, limited circumstances Owner and Management may pre-authorize the presence of pet(s). Valid pre-authorization requires the submission of a pet addendum and such an addendum must be signed by Management to be authorized. Guests who violate this policy by bringing a pet to a non-pet friendly property will be charged an additional $2000, plus the expense of any cleaning deemed necessary by Park City Rental Properties in its sole discretion. Violations will also result in immediate eviction and forfeiture of rent. Notwithstanding this provision, Management is committed to providing reasonable accommodation to protect the rights of guests with disabilities to bring a “service animal” (as defined by Utah and federal law) under the terms of The Fair Housing Amendments Act of 1988, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act. If a guest needs a service animal who has been trained to do work or perform tasks for a disability, he or she should request a reasonable accommodation, in writing, from the Manager at the time of their reservation. The request should state that the guest has a disability and provide the specific work or task that the service animal has been trained to perform. Guests need not disclose the details of their disability nor provide a detailed medical history. Guests will be responsible for any damages caused by a service animal, including any additional cleaning fees required at the end of the stay to prepare the property for incoming guests. Emotional support animals are only permitted in properties that permit pets.
NO SMOKING: No smoking is allowed on the premises. If smoking does occur on the premises, Guest is responsible for any and all damage caused by the smoking including but not limited to stains, burns, odors and removal of debris. Guest acknowledges and consents to the credit card on Guest’s account being charged for any access amount required to remedy any and all damages resulting from smoking that is in excess to that of the Damage Waiver or deposit. Guest also acknowledges and consents to the credit card on Guest’s account being charged for any future cancellations to the property due to complaints of smoke or restoration associated with smoking. Guest shall defend, indemnify, and hold Management harmless from any and all claims, damages, disputes, suits, and judgments relating to this provision made by any person, including without limitation Owners, future renters, property’s homeowner’s association, and property’s neighbors. If discovered during this Agreement’s reservation, Guest’s breach of this provision will result in the eviction of Guest and Guest’s visitors and licensees from the residential rental unit, and forfeiture of the entire rental amount and security deposit.
CONDITION OF PREMISES: Guest shall, on arrival, examine the Premises, all furniture, furnishings, appliances, fixtures, and landscaping, if any, and shall immediately report in writing to Management of anything that is not in operating condition or are in disrepair. The presence of nonoperating condition or disrepair and any reports of such does not give Guest the right to cancel this Agreement or receive a refund of any payments made.
NEARBY CONSTRUCTION: There may be construction ongoing at properties adjacent to or close by the property being rented by guest. The rules regarding acceptable noise levels, start and finishing times, and other restrictions relating to any such construction are governed by local ordinances and/or community-specific rules and regulations beyond the control of the Manager. The Manager will use its best efforts to ensure that the appropriate parties are notified and appropriate remedial action taken in the event that it receives notice that the construction at issue may be in violation of any such regulations or ordinances.
LOST ITEMS OR LEFT ITEMS: Guest is solely responsible for any lost, stolen, or abandoned possessions or items. Management assumes no responsibility for lost, stolen or abandoned items. Upon discovery of possessions or items not originally in the rental unit, Management will make a reasonable effort to contact the Guest for return. Guest is responsible to pay for shipping costs in addition to a $25.00 handling fee. At no point does Management assume liability for any possessions or items or for the condition of said possessions or items. Any items not claimed for longer than 30 days may be donated or sold.
SHIPPING: Guest and their guests may ship items to Management’s secure facility prior to their reservation. At no point does Management take on liability for any of the items shipped to the secure facility. Delivery may take up to 24 hours once received by Management. Shipping of perishable items and any other time-sensitive materials are not recommended. Management’s approved shipping label format must be used for ALL Guest packages. An example will be attached to the booking confirmation or a team member will email upon request. Management shall not be responsible for any lost, damaged or delayed deliveries. If packages are received after departure, Guest will incur shipping charges and a $25 handling fee for Management’s return of any packages to Guest or Guest’s visitors. Management is not responsible for any lost, damaged, or delayed deliveries.
Guest may ship directly to the residential rental unit using FedEx or UPS while occupying said unit. However, Management does not guarantee delivery or security of the items shipped; this will be up to the shipping client and the shipping receiver to arrange. Also, MOST HOMES IN OLD TOWN PARK CITY DO NOT HAVE MAIL SERVICES.
MAXIMUM OCCUPANCY: The residential rental unit is for the sole use as a personal vacation residence for only approved guests. Guest is responsible for any guests that use the property during the term of this Agreement. No guests in excess of the maximum occupancy specified in the Rental Agreement shall occupy the property. A charge of $250.00 per person per night will be assessed for each unapproved guest. Guest may be charged without notice for additional persons staying in the Property who are not disclosed to Management. In addition, breach of this provision may result in immediate termination of the Rental Agreement, with the eviction of Guest and Guest’s visitors and licensees from the residential rental unit, forfeiture of the entire Guest’s Reservation Fee and/or security deposit, and it may incur extra charges.
NO PARTIES: All of Management’s rental units are in residential areas and may NOT be used for weddings, receptions, parties, or any other large gatherings. Any disruptive events could result in the immediate termination of this Agreement, eviction of Guest and Guest’s visitors and licensees, and forfeiture of entire rental amount and security deposit.
ILLEGAL SUBSTANCES: No illegal substances are allowed on the premises, including without limitation minors possessing alcoholic beverages. Violations will result in eviction of Guest and Guest’s visitors and licensees from the residential rental unit, and forfeiture of entire rental amount and security deposit.
TV/CABLE/INTERNET/SATELLITE: Any internet, TV, and cable or satellite subscription services are provided as a convenience only and are not integral to this Agreement. Management will not be in breach for any and Guest will not receive a refund for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to service.
AIR CONDITIONING/HEATING: Most residential rental units are not equipped with air conditioning, but if so equipped, Guest agrees that air conditioning shall not be set below 72 degrees. There are no refunds for the lack of or malfunctioning HVAC units. Heat shall not be set above 78. All fan settings shall be set to "Auto". Doors and windows shall be closed when either heat or air conditioning is in operation.
POOL AND SPA: Not all residential rental units have spa(s)/pool(s). Guest hereby acknowledges and agrees that the area(s) surrounding pool(s) and/or spa(s) may not be fenced or secure. Guest understands and agrees to be responsible and liable for any damages that occur to the pool(s), spa(s) and their support equipment through Guest misuse and/or negligence. Use is at Guest’s own risk.
SYSTEM(S) FAILURES: In the event the residential rental unit sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, hot tub or other system or structural systems, neither the Owner nor the Management shall be liable to Guest for any damages as result of or associated with such system failures. Management will make an effort to promptly repair or replace the failed system or equipment, and in such an event, Guest agrees to permit Manager or its service provider to have reasonable access to the property to inspect and make such repairs. Any failure does not serve as a termination of this Agreement and no refunds will be given for such system failures.
UNFORESEEN OCCURRENCES: Guest hereby assumes all risks arising out of unforeseen occurrences not under the control of Management. Accordingly, Management will not be liable for any loss, damage, or inconvenience caused by any unforeseen occurrences, including, without limitation, weather conditions, natural disasters, pandemics, pests, construction, public/private events, acts of God, wildfire/smoke, road closures, lack of snow, frozen pipes, interruption of services and utilities or other reasons beyond its control. Guest acknowledges and agrees that in no event shall Management be responsible for travel restrictions, restaurant closures, recreational facility closures, restrictions issued by any public authority, or low snow-pack conditions. Without limiting the generality of the foregoing, Management cannot and does not guarantee that conditions will be suitable for any particular ski conditions, including but not limited to: ski-in/ski-out access, ski run access, or walk-to ski access. The lack of any such conditions neither constitute a material breach of this Agreement nor a basis for any refund by Management. Management strongly encourages guests with concerns about snow conditions to purchase the Cancellation Waiver.
RULES; REGULATIONS: NO COMMERCIAL USE: Guest agrees to comply with any and all rules and regulations that are at any time posted on the premises or delivered to Guest. Guest shall not, and shall ensure that Guest’s visitors and licensees of Guest shall not: (i) disturb, annoy, endanger, or interfere with other Guests of the building in which premises is located or its neighbors; (ii) use the premises for any commercial or unlawful purpose including but not limited to using, manufacturing, selling, storing, or transporting illicit drugs or other contraband; (iii) violate any law or ordinance; (iv) commit waste or nuisance on or about the premises; or (v) violate any homeowner’s association or similar entity’s rules, regulations, or other terms. Any and all homeowner’s associations attached to the property are provided to Guest in the pre-check-in email with the rental details, check-in processes, and security codes. Guest is on notice of any homeowner’s association’s or similar entity’s by-laws, CC&R’s, and any other applicable rules and regulations. Guest also agrees to not use a residential rental unit for any commercial use. Violation of these provisions may result in eviction of Guest and Guest’s visitors and licensees from the residential rental unit, and forfeiture of the entire rental amount and security deposit.
MAINTENANCE & REPORTING: Guest shall properly use, operate, and safeguard the residential rental unit including any landscaping, furniture, furnishings, appliances, and all mechanical, electrical, gas, and plumbing fixtures. Guest agrees to keep the residential rental until clean and sanitary. Guest shall immediately notify Management of any problem, malfunction, or damage. Guest will be liable and shall pay for all repairs or replacements caused by Guest, excluding ordinary wear and tear. Guest will be liable and shall pay for all damage to the premises as a result of failure to report a problem, malfunction, or damage in a timely manner.
ENTRY: Management and Management’s representatives and agents have the right to enter the premises, at any time: (i) for the purpose of making necessary or agreed repairs, decorations, alterations, improvements, for maintenance, or to supply necessary or agreed services; (ii) to verify that Guest has complied with the terms of this Agreement; or (iii) in case of emergency. Management and its representatives and agents have the right to enter the premises, upon reasonable notice of at least 24 hours, to show the premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, or contractors.
PARKING: During the winter months, snow removal for the driveway is provided. During severe storms, there may be inherent delays due to accumulation. Park City and/or the HOAs have strict parking rules. No parking allowed on the street year-round. Guest acknowledges that vehicles will get ticketed and/or towed for violating Park City’s and/or the HOA’s parking rules and regulations. Any costs or damages resulting from such parking violations shall be Guest’s sole responsibility, and in no event shall Management be held liable for any costs or damage resulting from Guest or Guest’s visitors or licensees parking in violation of Park City’s and/or the HOA’s parking rules, regulations, ordinances, or any other governing terms.
TERMINATION OF OCCUPANCY: Upon termination of occupancy, Guest shall: (i) return all copies of all keys or opening devices to the premises, including those for the garage door and common areas; (ii) vacate the premises and surrender it to Management empty of all possessions and persons at the agreed-upon time; (iii) vacate any/all parking and/or storage space; and (iv) deliver the premises to Management in the same condition less ordinary wear and tear as received upon arrival.
MEDIATION: Guest agrees to mediate any dispute or claim arising out of this Agreement or any resulting transaction before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved.
CHOICE OF LAW: This Agreement shall be governed and construed in accordance with the laws of the State of Utah and Summit County.
ENTIRE CONTRACT: Time is of the essence. All prior agreements between Owner and Guest are incorporated in this Agreement, which constitutes the entire contract. This Agreement is a final expression of the parties’ agreement and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceedings, if any, involving this Agreement. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this Agreement. Any waiver of any breach of the terms of this Agreement shall not be construed as a continuing waiver of the same or any subsequent breach.
INSURANCE AND INDEMNIFICATION: (i) Owner Insurance: Guest’s personal property including vehicles are not insured by Management, Owner, or, if applicable, homeowner’s association against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner and Management does not insure against personal injury to Guest or Guest’s visitors or licensees due to any reason other than the condition of the premises; (ii) Renter Insurance: Management recommends that Guest carry or obtain insurance to protect Guest, Guest’s visitors and licensees, and their personal property from any loss or damage; (iii) Indemnity and Hold Harmless: Guest agrees to indemnify, defend, and hold harmless Owner and Management from any and all claims, disputes, litigation, judgments, costs, and attorney fees resulting from or associated to any loss, damage, or injury to Guest, Guest’s visitors and licensees, and/or their personal property. Guest agrees to release to the fullest extent allowed by law, Owner, Management, and their members, officers, associates, employees, agents, representatives, attorneys, assigns, and affiliates (collectively, the affiliates) from all liability or responsibility of any kind whatsoever for any personal injury, death, property damage, or other loss sustained by Guest, Guest’s visitors and licensees, Guest’s children, any guest identified on this form, and any other person allowed onto the property during Guest’s rental dates as a result of Guest’s, Guest’s visitors and/or licensees, Guest’s children’s or the Guest’s participation in a visit to the home, due to any cause whatsoever, including without limitation negligence on the part of Owner or Management. Guest acknowledges and agrees that this release shall bind any and all heirs, administrators, executors, assigns, and any other person or entity seeking to claim under or through Guest.
JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Guest, each one shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually with every other Guest.