Misty Mountain Vintage

RENTAL OCCUPANCY AGREEMENT

Dear Guest,

Please review the APRÈS Rental Agreement for your upcoming stay with us in Park City, UT, we look forward to hosting you!

– Check-In is 4:00pm or anytime after.
– Check-Out is 10:00am or anytime before.

Payment:
Guest voluntarily agrees to pay an earnest deposit of 50% at the time of booking and the final payment 30 days prior to arrival.

Cancellation: 
When booking direct with APRÈS Rentals Park City, if you cancel up to 30 days before your stay, there is a 100% refund. A 3% credit card processing fee will be withheld from all refunds booked directly through APRÈS. Please be aware that if you book on a different Online Travel Agency ie. Airbnb, VRBO, HomeAway, Booking.com, TripAdvisor, Expedia, the cancellation policy is what will take precedence over direct booking.

Credit Card Authorization: 
Guest authorizes Management Company to charge the credit card on file for deposits due and authorizes that any outstanding balances will be charged when due, as specified herein. Remaining balance for Guest(s) reservation will be charged 30 days prior to arrival.

Vacation Rental Insurance:
CSA Vacation Rental Insurance is available through Rental Guardian and covers cancelation or interruption of your stay, travel delay, baggage delay, rental car damage, and emergency/medical/dental expenses. Please read your documentation carefully as certain limitations, restrictions, and exclusions apply. The plan is optional, but we strongly recommend it. In case of unforeseen events, this insurance helps protect your vacation investment. IF YOU CHOOSE NOT TO PURCHASE THIS COVERAGE, NO REFUNDS WILL BE GIVEN WITHIN THE 30 DAY PERIOD. For questions concerning the travel insurance or to make a claim due to a cancelation, please call CSA directly at 1-800-554-9839. The insurance premium, 6.95% of the total, is non-refundable and non-transferable. For more information please visit www.travelprotection.insure/397.html

Collection Addendum: 
I/We understand and agree to pay court costs, attorney fees and a 50% collection fee on any outstanding balances over (30) thirty days past due. I/We also agree to pay 4.25% interest per month on any outstanding balances over (30) days past due.

Addenda Incorporated: 
The Vacation Rental Agreement has the legal location of your rental property: {reservations.location_address}, {reservations.location_city}, {reservations.location_zip} UT with check in on {reservations.startdate} and check out on {reservations.enddate}. The terms of the rental and the rental dollar amount plus all taxes and fees. There is no legal language in either this Reservation and Cancellation Policy or the Utah Rental Agreement that allows for a continuation or renewal of the lease beyond the departure date listed on the Rental Agreement. During your rental period, Guest shall not arrive to the property before 4:00pm MST or vacate the property later than 10:00am MST and must leave all keys and/or garage door/gate openers at the property, unless otherwise stated at check-in. If Guest willfully fails to acknowledge arrival time or departure time, a $125.00 fee will be assessed.

Keys / Remotes / Parking Passes: 
Guest is responsible for lost keys and remotes. Guest will be charged $100 for each house key that is not returned. Guests that fail to return Parking Passes, Community Keys, Garage Remotes or Gate Remotes will be charged $150 for the replacement and additional $85 trip charge for picking up and programming new remote. Community Clubhouse keys and Parking Passes replacement may cost as much as $350.00 plus trip charge.

Heating / Cooling: 
Temperatures in Park City, UT can vary significantly, with summer daytime temperatures reaching up to 95°F and nighttime temperatures dropping to the lower 40s. Guests are required to adjust the thermostat settings by no more than 2 degrees at a time. Failure to comply with this guideline may result in the air conditioning coil freezing or in the winter, the heating system becoming overworked, thereby causing damage to the HVAC systems. If it is determined that these guidelines are not followed, guests will be held financially liable for any repairs or services required due to adjustments exceeding the 2-degree limit that are manually made on the thermostats.

Linen / Bedding Damages:
Our housekeeping team will make every effort to clean and restore linens to their original condition; however, certain stains, such as blood and makeup, may not be removable. In such cases, the guest will be notified and provided with photos of the damaged items. The guest will then be responsible for covering the cost of replacing those linens at the following rates: Sheets (fitted or flat, any size) – $15, Duvet Covers (any size) – $20, Pillow Cases (any size) and Bath Linens (any size) – $8 each, and Duvet Inserts or Pillows (any size) – $20 each. Charges will be applied to the payment method on file.

Crime-Free Provision: 
Guest, occupants, family, guests, invitees, or other persons under the Guest’s control shall not engage in or facilitate: (i) any acts involving imminent or actual serious property damage as defined by law; (ii) any criminal activity, including drug-related criminal activity, any act of violence or threats of violence, other illegal activity, including prostitution, criminal street gang activity, threatening or intimidating unlawful discharge of firearms, or assault; (iii) jeopardize the health, safety, and welfare of guests, Property Owner, Management Company, agents or others. VIOLATION OF THIS PROVISION SHALL CONSTITUTE A MATERIAL AND IRREPARABLE VIOLATION OF THIS AGREEMENT AND GOOD CAUSE FOR IMMEDIATE TERMINATION OF THE TENANCY.

Medical Marijuana: 
Despite Utah recently passed law that permits the limited use of Medical Marijuana in specific and limited circumstances, the federal Controlled Substance Act (CSA) categorizes marijuana as a Schedule 1 substance and the possession of marijuana is a federal criminal offense. See 21 U.S.C. § 801 et seq. Management Company has determined that the use or possession of marijuana, even for medical purposes, to cause a hardship on the Property Owner and interferes with the health, safety, welfare and right to peaceful enjoyment of the premises by other residents. As such, the Management Company hereby informs and reminds all guests that they agree to the Crime Free provision in this contract and, pursuant to that provision and the supporting federal laws, any use of marijuana (medical or otherwise) by the guest or their guests will result in immediate termination. If you have any questions or concerns about this policy, please speak to management. All of our homes are designated as non-smoking of any kind.

Personal Mail/Package Delivery: 
APRÈS will NOT ever issue a mail box key to any rental home/unit. UPS and FedEx parcels are may or may not be deliverable to property during the rental period referenced above. Please understand that APRÈS is not responsible for any packages mailed to the property before, during, or after occupancy of this agreement.

Housekeeping:
Prior to arrival, accommodations are cleaned and provided with fresh linens. If the housekeepers have missed something, please notify us immediately so we can come out and fix it. No partial refunds will be issued for cleaning if we are unable to come out to the home, inspect, and fix the issue. Additional maid service are available on a fee-for-service basis. All of our homes are non-smoking homes. Properties in which a guest, their guests or invitees’ smoke will result in the guest being assessed an additional $1,000.00 cleaning charge upon his/her departure. Please refrain from smoking in the properties and if you must smoke please only do so outside. Property interiors must be kept clean, sanitary, safe and habitable.

Parking, Community Rules and Local Ordinances:
Condos and Townhomes have limited parking availability and size restrictions on vehicles. If you are driving in a Large Truck, Van or SUV please note that most condos, townhomes and even most single family homes do not have the space required for you to park these vehicles. In addition, many HOA’s may not allow them to be parked in the driveway overnight.  The Landlord cannot be held liable if your vehicle violates local parking ordinances and the Landlord cannot and will not be held responsible should your vehicle be towed or if you have to store your personal vehicle offsite and rent a car while in town. Furthermore, any fines incurred from the community HOA for parking violations will be reassessed to the Tenant. Many communities have restrictions on parking Trailers and RV’s overnight. If this is the case for the particular property that you rented, then you will need to locate a storage facility for your recreational vehicles during your stay. Most of our Townhomes and single family homes that have garage parking do not have the depth required to park large trucks and SUV’s.

Security Deposit Waiver Fee:
The Deposit Waiver covers unintentional damage or loss, up to $1,500 per stay. The policy does not cover intentional acts of a guest, gross negligence or willful destruction of the owner’s property. Guest must report any loss or damage to the property or its contents to Management Company Staff, during time of stay. Damage or loss found after departure will not be covered and will be billed to the credit card on file.

Pets:
Pets are strictly forbidden in homes that are not pet friendly, as marketed on the listing. Only physician prescribed service or emotional support animals will be considered in advance of check-in for non marketed ‘Pet Friendly’ homes. Tenant agrees not to keep or permit any pets on the Premises without prior written consent of the Landlord. Breach of the pet policy will result in immediate termination of the lease, and a $750.00 fee charged to the Tenant’s credit card on file. There will be NO REFUND of your reservation upon early termination for pet violations. In the event of a breach of the pet policy, the non-breaching party may proceed against the breaching party in any claim or remedy that the non-breaching party may have in law or equity.

Spas/Hot Tubs:
Guests agree to adhere to public health guidelines and ensure their medical fitness for hot tub use, avoiding use if under certain health conditions without doctor approval. Supervision is required for children under 12, and the hot tub must not be used under the influence of impairing substances or with dirty clothing and excessive lotions, which can damage water quality. Misuse that necessitates cleaning will incur a $500.00 cleaning fee. The property owners & APRÈS Rentals Park City are not liable for any accidents or injuries, and guests assume all risks associated with hot tub use. Guests are also responsible for any property damage. By using the hot tub, guests consent to all terms in this disclaimer, acknowledging their responsibilities and the associated risks.

Propane/Gas Usage: 
Guests agree to adhere to all safety guidelines and instructions provided for the use of gas fireplaces, BBQs, and propane items at this vacation rental. It is the responsibility of each guest to ensure proper handling and operation of these items to prevent accidents or injuries. Children must be supervised at all times when near operational units. Guests are liable for any damages or injuries resulting from improper use or negligence while using these amenities. By using any gas or propane equipment, guests acknowledge and accept the risks associated with such use, releasing the property owners and rental management from any liability for accidents or injuries that may occur.

Internet:
The Tenant(s) assume all responsibility for the access and use of any and all sites during their tenancy. They render the Property Owner and Landlord of all responsibility should there be an illegal or wrong doings or misuse of the provided Internet service. All penalties, fines and costs related to the misuse or misrepresentation while using the Internet service and site(s) are the responsibility of the Tenant.

Power/Weather Related Cancelation:
APRÈS Rentals Property Management does NOT issue refunds due to acts of nature such as: weather, road conditions, snow conditions, power outages or forest fires, but CSA Travel Protection Insurance does provide some protection against these instances.

Access:
The tenant/guest shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors. Except, in case of emergency or if it is impractical to do so, the landlord shall give the tenant at least two days’ notice of the landlord’s intent to enter and enter only at reasonable times. In the event of a maintenance issue, guest hereby authorizes APRÈS employees to enter the premises in guest’s absence to address maintenance concerns. This reservation may be terminated without refund, if, conduct deemed inconsiderate by Management persists, or if the maximum occupancy of the rental unit is exceeded.

Guest/Tenant:
Tenant/Guest agrees that their conduct and the conduct of their guests and occupants will not be disorderly, or unlawful, will not disturb the rights, comforts, and conveniences of others, and will not interfere with the quiet use and enjoyment by the other residents of the community. Guest agrees that neither they, nor their guests will engage in any illegal or prohibited activities in the home or on the property. Guest agrees not to use accommodations for the manufacture, sale or distribution of any goods, legal or illegal. Premises shall not be used to hold any events, parties or large gatherings without prior written approval from Management Company. Children under the age of 12 must have adult supervision at all times. Tenant or authorized signor named on this rental agreement acknowledges that they are responsible for their own actions, and the actions of their guests, and agrees to accept any and all liability for all damages done by the Tenant and/or their guest during their stay with APRÈS. Guest acknowledges that all of the information as noted on the confirmation is accurate and correct. Signature acknowledges that Guest understands Reservation and Cancelation Policy.

Alterations and Improvements:
Tenant shall not make any alterations or improvements to the Premises without Landlord’s prior written consent. Moving of furniture within the property is strictly forbidden and all costs associated with having to move things back where they originally were, will be at the cost of the guest/tenant.

Utah Law:
This contract shall be governed by Utah law and jurisdiction is exclusively conferred on the State of Utah.

Attorney’s Fees and Cost:
The prevailing party in any dispute or claim between Tenant and Landlord arising out of or relating to this Lease Agreement shall be awarded all their reasonable attorney fees and costs, along with all cost and fees incurred as a result of any collection activity. Costs shall include, without limitation, expert witness fees, fees paid to investigators, and arbitration costs.

Disclaimer:
The Management Company cannot guarantee your specific accommodations and we cannot be held liable should the home for some reason be uninhabitable or not available before and up to day of arrival. Incidents such as Fires, Floods, Acts of God and Trustees Sale (foreclosures) are all outside of The Landlords scope of control. If a situation arises and the home you reserved is not available or uninhabitable, The Management Company will alert you immediately to any such problems and will make every effort to find you a suitable replacement property not to exceed the cost of the original reservation. If we are not able to find you a replacement property that you agree to stay in, we will refund the total cost of your reservation for date of loss incurred. Any other expenses incurred like non-refundable airline tickets, rental cars, travel expenses etc. are not the responsibility of the Management Company and or its agents. We strongly recommend travelers insurance which can be purchased directly from any legally recognized Travel Insurance Agency. APRÈS has Travel Insurance Plans to offer you, please ask your representative for more details or view the policy below ‘Vacation Rental Insurance’.

Acknowledgement:
I have read and understand these rules and regulations, I acknowledge that breaking these rules may cause the loss of any remaining time in the rental unit and the loss of my payment (rental and security deposits). I take full responsibility for any and all damage I or any of my guests may cause during my occupancy and acknowledge I have read this agreement in full.