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TERMS AND CONDITIONS
REPRESENTATIONS AND WARRANTIES: You represent and warrant that: You are over the age of 21 and can form a legally binding contract under applicable law. You have provided and will continue to provide only true, accurate, current and complete information. The billing address you provide to Manager on the website (www.PowderMountainGetaways.com) or by any other means is the address and phone number your credit card bank has on file for you. You are not using Manager for any improper purpose, and you will act in good faith in your relationship with Manager. Guest confirmsthat they have sufficient authority to purchase on behalf of Guest, a company, group or organization and to bind Guest, that company, group or organization to the Terms and Conditions.
RESERVATIONS ARE NOT FULLY GUARANTEED: If for some unforeseeable circumstance, the Property is not available or becomes unavailable or uninhabitable during your stay, it will be substituted with accommodations with an equal number of bedrooms and bathrooms or is otherwise determined to be an upgrade. If the substituted property rents for more for the same period or remaining period, respectively, there will be no additional charge. However, if the substituted property rents for less for the same period, the difference will be refunded to the Guest.PAYMENT: An advance payment deposit equal to 50% of the total rental amount is required to confirm the rental property and to reserve the desired rental dates. Deposit must be received by Manager within 24 HOURS of Guest reservation or is subject to cancelation unless otherwise arranged for with Manager. The advance payment will be applied toward the room rent and associated fees. A credit card is required with all reservations for damage and incidental Guest charges. Please make deposit payments in the form of credit card, travelers checks, bank money orders, cashier’s checks or personal checks payable to Powder Mountain Getaways. The BALANCE OF RESERVATION is due thirty (21) days prior to the check-in date. Reservations made less than 21 days prior to the check-in date will require full payment via credit card, cashier’s check, wire transfer, certified check or money order and a valid credit card must be on file. If paying by check and check is returned for NSF, there is a $50 service charge per occurrence. Keys or entry code will not be issued until the final payment has been made and signed rental documents are in Manager`s possession. Manager may charge the final payment to the credit card, if any, used by Guest for the initial rental deposit or the credit card on file with Manager. Guest failure to pay the Final Payment in a timely manner may be considered a cancelation under this agreement and will result in forfeiture of the reservation deposit and the reservation. Manager cannot guarantee a specific unit or any unit if a cancelation occurs. Payments for foreign reservations must be made in U.S. funds by money order, wire transfers, or cashier’s checks payable on a U.S. bank. Unless otherwise specified all rates are quoted in US dollars plus any applicable taxes and fees.
CANCELATION and REFUND POLICIES: Should Guest wish to cancel this agreement, notice of cancelation must be in writing and mailed or e-mailed to Manager. It is Guest’s responsibility to verify receipt by Manager. If cancelation is received more than sixty (60) days prior to check-in date, Manager will refund 100% of the sums paid, less a $50.00 cancelation fee. If the notice of cancelation is received within 60 days or less prior to check-in date and Manager is not able to re-rent the same unit(s) during the same time period at the same or a greater rate, 100% of the sums paid are non-refundable. If Manager is able to re-rent the property under essentially the same terms as the original rental, all paid amounts will be refunded less a $50.00 cancelation fee. There are no refunds for early departures, delayed arrivals, inclement weather or reduction in the number of nights reserved for any reason. If the subject property becomes unavailable or unsuitable for rent for any reason whatsoever, including but not limited to, casualty loss, construction delays, physical deterioration or loss of utility services, the Manager`s liability will be limited to the return of all monies paid on account at the time of cancelation. In the unlikely event Manager cancels your reservation; every attempt will be made to substitute the rental with an equal or better property or all monies received will be refunded to Guest within 5 business days of cancelation notice. Cancelation claims must be taken up with the travel insurance company, if a policy was purchased.
RATE CHANGES: Rates are subject to change without notice prior to receipt of agreement and Deposit. If a discrepancy arises between the rate quoted on the Site and on the confirmation, the latter will prevail. In the event an incorrect rate is charged due to a typographical or other error, Manager shall have the right to refuse, cancel or limit any reservations listed at the incorrect price, whether or not an order confirmation has been sent and/or payment has been made.
OCCUPANCY: Guest understands and agrees that the Property shall be occupied by no more than the number of individuals (including children and infants) as indicated on the Rental Listing. All of our properties are privately owned. PLEASE BE RESPECTFUL AND CONSIDERATE of the property and the neighbors in the other properties especially after 10:00 PM and before 7:00 AM. Loud parties, noise or any other disturbances will not be tolerated and deemed grounds for immediate eviction with no refunds.
ABSOLUTELY NO SMOKING: ABSOLUTELY NO SMOKING in the property! A $1,000 Deep Clean charge will be assessed to the guest if management determines smoking has taken place in the property. All guests may be immediately evicted with no refunds. Below is the Moose Hollow HOA Smoking Policy:
Due to the known adverse health effects of secondhand smoke, and the fact that secondhand
smoke has been defined as a nuisance by the Utah State Legislature, the Committee hereby
declares that tobacco smoking, to include e-cigarettes, shall be prohibited inside any
“Condominium Unit” and/or in the “Common and Limited Common Areas” out to a distance of
25 feet from the “Building” as defined in the Declaration of the Moose Hollow Condominium
Project. These prohibited areas include the condominium unit patios and decks, stairs (indoor and
outdoor), stairwells, common entrance areas, the swimming pool area to include both Jacuzzi
areas, and the “Clubhouse” and its associated deck and fitness/recreation room. Smoking will not
be prohibited when at a minimum of 25 feet away from the areas listed above or when in a
designated smoking area which is identified by signage and contains a cigarette butt trash
• First Violation: Written notice of violation
• Second Violation: $50.00 fine
• Subsequent Violations: $100.00 fine
Fines will be collected in accordance with the Rules and Regulations as
determined by the Management Committee.
ABSOLUTELY NO PETS: In accordance with the Moose Hollow Home Owner`s Association Rules, Guests are not permitted to bring pets. If pets are brought they will have to immediately be removed from the premises or the rental is subject to immediate termination and no refunds will be given. In the event the Guest chooses to terminate the rental, no refunds will be given. The HOA may also impose fines up to $500 per occurrence.
CHECK IN POLICIES: Standard check-in time is 4:00 PM. Early check-in is allowed only with prior approval. Property must be cleaned by housekeeping and ready for occupancy prior to check-in. Access Instructions will be provided to Guest within the week prior to arrival if all rental fees have been paid. Upon Check-in, the Guest is required to report any issues or problems with the property(s) they have rented in-order to avoid being charged for damages that were caused by a past guest and will help us to keep the property in its best possible condition.
CHECK OUT / CLEANING PROCEDURES: Check out time is 11:00 AM. If a Guest would like a late check-out, PRIOR APPROVAL IS REQUIRED. A $40/hour fee may be charged for each hour (or portion thereof) past the required check-out time. A $100 fee may be charged for a lost key, garage door opener and remote control. Each property will be inspected, sanitized and cleaned prior to Guest's arrival and after departure. GUEST IS REQUIRED to leave the property in the same general condition (less our routine cleaning) as it was in at Check-In. Specific check out instructions can be found in the Guest Information Notebook in the unit which include the following: Turn heat down to 55 in the winter and A/C up to 80 in the summer. All dirty dishes must be loaded in dishwasher and started prior to leaving. If additional cleaning is required, appropriate charges will be deducted from the security deposit (credit card on file) at the rate of $30 per hour. Please lock unit, return key, if any, to the keybox and close garage doors (where applicable). Leave extra keys and remotes with Guest Information Notebook inside property.
TERMINATION: If Guest or any member of Guest’s party or visitors violates 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. Guest agrees that conduct that disturbs or offends other guests or residents shall be deemed grounds for immediate termination.
Should the Guest violate any of the terms of this agreement, or use the unit for any illegal or unlawful purpose or use of common areas in a manner contrary to the provisions of the rental agreement, or the rules of the homeowner’s association, the rental period shall be terminated immediately with no refunds. All Guests must vacate the property at the conclusion of the rental period. If a Guest fails to vacate the premises upon termination of the rental period, Guest shall waive all rights to due process. Manager or its agent may enter the premises and remove Guest, the members of Guest`s party and their belongings. Guest is notified that all individuals occupying the Unit will be subject to immediate eviction procedures under State law. IF LAW ENFORCEMENT IS DISPATCHED TO PROPERTY DUE TO ANY ILLEGAL ACTIVITY OR DISTURBANCES EMANATING FROM THE PREMISES OR GROUNDS, THERE WILL BE A MINIMUM $250 CHARGE TO GUESTS SECURITY DEPOSIT OR CREDIT CARD, AND SUCH AN OCCURRENCE WILL BE CONSIDERED GROUNDS FOR IMMEDIATE EVICTION.
HOLD HARMLESS: Tenant and Tenant’s Guests shall hereby indemnify and hold harmless Manager, its subsidiaries, affiliates, officers, directors, agents, employees, co-branders or other partners, and suppliers, from any claim, demand, action or damage, including reasonable attorneys fees, made or incurred by any third party arising out of or related to your use of the property(s), any content you transmit via the property(s), or your violation of the Terms. Guest, for himself/herself, his/her heirs, assignors, executors, and administrators, fully releases and discharges Manager and Owner from any and all claims, demands and causes of action by reason of any injury of whatever nature which has or have occurred, or may occur to the Guest, 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 Owner and Manager free and harmless of any claim or suit arising there from. In any action concerning the rights, duties or liabilities of the parties to this agreement, their principals, agents, successors or assigns the prevailing party shall be entitled to recover reasonable attorney fees and costs.
CHANGES TO THE TERMS: Manager reserves the right, in its sole discretion, to change, modify, add or remove any portion of the Terms in whole or in part, at any time. Changes in the Terms will be effective when notice of such change is posted on the Terms and Conditions section of the powdermountaingetaways.com website. Your continued use of the property(s) after any changes to these Terms are posted will be considered acceptance of those changes. Guest should periodically check the Terms and Conditions link on Powder Mountain Getaways homepage at www.powdermountaingetaways.com to view the then current Terms.
EXTRA CHARGES FOR ADDITIONAL SERVICES, LOSSES OR DAMAGE TO THE PROPERTY: A credit card shall be required for security in the case of additional services used, losses and damage to the property. If payment is made by credit card, the Guest authorizes the Manager to charge the same credit card to reimburse the Manager or the property owner for any damage or extra expenses, incurred by the Guest to the property. Added charges may be billed if any of the following occur:
a. All damage done to Property or its contents, beyond normal wear and tear.
b. Expenses are incurred due to contraband, pets, smoking or collection of rents or services rendered during the stay.
c. Guest fails to comply with check-out procedures as outlined in the Guest Information Notebook found in the unit. Items include removal of all debris & rubbish into dumpsters, loading all dirty dishes into the dishwasher, etc.
d. Guest fails to return keys, garage door remotes, other remote devices. All keys and remotes must be left in the unit(s) and the unit left closed, locked and secure.
e. If any charges accrued during the stay are not paid prior to departure including the use of Pay-Per-View systems, if available.
f. If linens are lost, stolen or damaged.
g. If Guest requests early check-in or is late to check-out and a fee is agreed upon.
h. If the Guest is evicted by the owner (or representative of the owner), the local law enforcement, the security company or anyone employed by the Home Owner`s Association.
i. Additional charges will be incurred as follows:
1. Missing of damaged Amenity Pass - $50
2. Missing or damaged Garage Remote (townhomes/private homes only) - $50
3. Failure to clean BBQ grill(s) at the property - $25- $50/grill
4. Over use of hot tub requiring draining, cleaning and addition of new chemicals to balance - $100
DISPUTES: under this Agreement shall be governed by and interpreted in accordance with the laws of the State of Utah. Any action relating to this Agreement shall be filed only in the Weber County court in Utah in which county the Unit is located. Both parties consent to the exclusive venue and jurisdiction of such court. Guest agrees to pay all reasonable costs, attorneys fees and expenses that shall be made or incurred by Manager in enforcing this agreement.
WRITTEN EXCEPTIONS: Any exceptions to the above mentioned policies must be approved in writing by Manager in advance.
ELECTRONIC TRANSMISSION: The Guest agrees that if they book on-line and accept the terms of the agreement on-line, it is the same as signing a copy of this agreement. If the Guest books by phone, Guest will receive a confirmation of the reservation including the Terms and Conditions via the email address provided by Guest. The Terms and Conditions will be deemed accepted and signed UNLESS the Guest replies back via email to the contrary stating that they do not accept the Terms and Conditions of this agreement. The Guest agrees that they shall not make changes to this agreement.