Mammoth Reservations Rental Policies Agreement

V02182018

THE FOLLOWING AGREEMENT IS MADE BY AND BETWEEN GUEST AND MAMMOTH RESERVATIONS (“AGENT”). BY PROVIDING PAYMENT, YOU (“GUEST”) ARE CONFIRMING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS RENTAL AGREEMENT.

RESERVATIONS.
Reservations may be subject to cancellation until Agent has processed the full balance of the Reservation, and all checks have cleared the bank. Once all final payments have been received, you will receive check-in instructions via the email address you provided upon booking, please bring these instructions with you.

RENTAL RATES & TAXES.
All rates, fees and taxes are subject to change without notice. The Town of Mammoth Lakes requires taxes on all rent and rental fees of 14%. Taxes are automatically added to every reservation.

AGE REQUIREMENT.
The Guest making the reservation and signing the rental agreement must be at least 21 years of age or older and must occupy the rental Property the entire term of the rental agreement.

OCCUPANCY.
All rental units have a maximum occupancy. The maximum occupancy is the maximum number of people the Property can accommodate, by law, and is stated in the rental contract and on our web site. Exceeding the maximum occupancy will result in eviction without refund.

PAYMENT POLICY.
A payment equal to 50% of the total reservation amount is due at the time of booking (the “Booking Date”) via a major credit card. 15% of the total reservation amount is non-refundable (the “Non-Refundable Deposit”). The remaining balance will be charged to your credit card 21 days prior to the Arrival Date. If your Booking Date is less than 21 days prior to the Arrival Date, payment in full is due at the time of booking. We accept Visa, MasterCard, and Discover Card. All payments must be made in U.S. dollars. Once your final payment is received, a confirmation will be sent via email.

CANCELLATION POLICY.
All reservations are final, regardless of inclement weather, snow conditions, or other circumstances. A full refund minus a 15% cancellation fee will be issued only when a written cancellation notice is received more than 21 days prior to the Arrival Date. No refunds will be issued within 21 days of the Arrival Date. All refunds will be issued in the form of the payment received, and within 7-10 business days. You may submit a written request to change to your reservation at least 21 days prior to the Arrival Date.

SECURITY DEPOSIT.
A refundable security deposit (the “Security Deposit”) in the amount of $500.00 (up to $1,500.00 for some properties) is required for each property booked and is due at the time of check-in/key pickup. We accept Visa, MasterCard, Discover or cash for this deposit. Deposits will be refunded within 48 hours from the date of departure, after the unit has been inspected, minus any amounts withheld for damages, missing items or additional cleaning. Guest will be notified in writing of any amount withheld from the Security Deposit. Guest assumes full responsibility for any items found to be missing and any damage due to misuse, negligence or action on the part of Guest or visitor of Guest, the only exception is normal wear-and-tear reported to Agent within 12 hours of Check-in.

REPORTING DAMAGES.
Please note any damage to the Property upon your arrival and report it immediately to our office (800-223-3032) to avoid possible liability. If any loss or damage occurs during your stay, please notify us immediately. All damage must be reported within 12 hours, and prior to departure. We inspect every home after departure; if loss or damage is reported after your stay, you will be notified in writing and we will charge the credit card we have on file.

PROPERTY AVAILABILITY.
In the event any Property becomes unavailable for any reason, Agent will make every effort to move you to comparable accommodations. If we are unable to find you comparable accommodations, Agent shall be held harmless and the client agrees that its only remedy shall be a full refund of any monies paid. Special restrictions to availability may be enforced on certain properties. We reserve the right to cancel any reservation or request, with a full refund. You will be notified via email if any other restrictions apply.

CHECK-IN AND CHECK-OUT.
Check-in time is 5:00PM. Check-out time is 10:00AM. We do not allow early check-ins or late check-outs. No refunds for early departures. Early check-in or late check-out will be billed at $50 for each full half hour prior to check-in time or after check-out time.

PET POLICY.
Bringing a pet into a non pet-friendly unit will result in an immediate charge of $500.00 to the credit card on file and may result in eviction without refund. A limited number of pet-friendly units are available. A $20/night pet fee (per pet) applies to all pet-friendly units. Your pet must be pre-approved. Pets are not to be left unattended in the unit or in Common Areas – no exceptions. Pets are to be on a leash at all times and Guests are responsible for picking up after their pets. Any violation of the pet policy may result in immediate eviction without refund and $500.00 charged to the Guest’s credit card.

UNIT SUPPLIES.
For your convenience, you will find a supply of toilet paper, paper towels, soaps and shampoo, among other kitchen and bathroom amenities. Mammoth Reservations will replenish supplies once per stay, at our office located at 3325 Main Street, during business hours. All bedding, towels, dishwasher detergent, and liquid dish soap are provided. Kitchens are not supplied with food staples, plastic wrap, foil, etc.

CLEANING AND LINENS.
Your booking includes standard cleaning after your departure. If extra cleaning is required, the credit card will be charged at the hourly rate of $36/hr. Daily cleaning service may be available, depending upon the unit and the service requested. All requests must be made in writing, at least five days prior to the Arrival Date. All units are non-smoking and come with one set of premium sheets and towels. Linen and towels can be exchanged at the Mammoth Reservations office located at 3325 Main Street during business hours. All towels must be left in the unit in the same condition they were received. Please notify our office upon your arrival if you have a housekeeping issue. No refunds will be issued for housekeeping issues that are not reported.

REPLACEMENT FEES – LINENS, TOWELS, KEYS AND INCIDENTALS.
Two keys are provided for each rental Property. All keys must be returned upon check-out.
Guests are responsible for the costs to replace any linens, towels, keys, remotes or other items inside the unit that are damaged or not returned at the time of departure. Replacement Fees will be deducted from the Security Deposit as follows: linens – $25 per item, towels – $10 per towel, keys – $5 per key, remotes – $50 per item.

SMOKING.
Smoking is NOT permitted in any rental unit managed by Agent. Smoking in any of our condos will result in loss of the Security Deposit, eviction without refund, and possible charges to the credit card on file.

COMMUNITY AMENITIES.
Many of our units are located among other residences. Please respect the Property rights of others. Agent is not responsible for the management and availability of common area facilities, including Pools, Jacuzzis, Spas, Recreational Facilities, Driveways, Parking Areas, etc. The operation and maintenance of such facilities are the sole responsibility of the onsite Property management company and Agent makes no guarantees as to the condition, operability or availability of such facilities. Furthermore, your use of this vacation rental is subject to observance and adherence to the rules, regulations and policies of the homeowner association in which the rental unit resides. Some of our units offer hot tubs. Please observe and adhere to all rules and policies as posted at the unit regarding the safe use of the hot tub. The hot tub and surrounding patio/deck can be dangerous and can be slippery when wet. You accept and assume all risks involved in or related to the use of any common area facilities, and release Agent and the homeowner from any and all liability or loss that may result in connection with the use of these facilities. Agent does not guarantee neighborhood noise levels.

MAINTENANCE.
If maintenance or repairs are required at the home during your stay, please notify us immediately and allow access to the home to a representative of Agent to make the necessary repairs. Should Agent be required to visit Property other than on regular patrol, check-in, or check-out, for example on request of Guest for use of Property or Extras instruction, or Property repair which was a result of Guest action or misuse, a $100 maintenance call fee will be charged. Maintenance issues which are not the fault of the Guest are excluded from this charge however the final determination of the nature of a visit is with the Agent. No refunds will be granted for maintenance issues that are not reported prior to departure.

UNIT AMENITIES.
Televisions, VCRs, Washer, Dryer, Internet, Firewood, Etc., (herein called Extras), are supplied at no extra charge as a convenience for Guest use. In the event of a malfunction or breakdown of Extras, Agent will have the Extras repaired as quickly as practical. Guest agrees that there will be no refund for Extras if they malfunction, breakdown or otherwise become unavailable to the Guest. In the event of malfunction of any other appliance or feature, Guest must notify Agent so repair of malfunction can be made. Don’t re-wire, unplug, change settings, re-program, or reset/modify any appliances, water heaters, etc. Do not attempt to connect any video games, computers, or other electronic equipment to the TVs, networking equipment, or other appliance. Any repair work, re-wiring, settings reset, or reprogramming will result in a $50 charge to the Guest. If you can’t figure something out please call us. All of the homes we represent are independently owned. Therefore, from time to time, Owners may choose to add or remove amenities.

INTERNET ACCESS.
Internet access is subject to the policies of the service provider. Should the Guest or anyone in the Guest party access or download content in violation of service provider polices, and this action causes the service provider to block the service on that account, the Guest will be charged an Internet reconnect fee of $150. We do not guarantee internet access.

SAFETY AND CARE OF PROPERTY.
Please remember that our condos are individually owned and made available for your use at the discretion of the Agent. Your good care of their Property is greatly appreciated. Please be responsible for your own actions and your Guests while occupying the unit. Please do not leave children under the age of 16 years unattended in the unit. Minimum age of a responsible adult is 21 years old. For fire safety, please do not remove any ashes or logs from the fire. Please remove your shoes upon entry to the unit.

PARKING & OVER-SIZED VEHICLES.
Guest is assigned the designated number of parking passes in the arrival packet, as per the reservation confirmation. It is not the responsibility of Agent to provide additional parking or source parking for additional vehicles. Over-sized vehicles are not permitted at any Mammoth Reservation units. An over-sized vehicle may be defined as a trailer, RV, caravan or other vehicle of excessive size. It is not the responsibility of Agent to source parking for any over-sized vehicle. If Guests are found to be in violation of this policy, Guests will be asked to move the over-sized vehicle from the Property. Failure to do so may result in the vehicle being towed.

WEATHER.
No representations or warranties are made with respect to any weather conditions including natural disaster conditions. Guest agrees to comply with instructions from Agent and any advisory statement from any local emergency authorities in a natural disaster situation. No refunds are given for any weather or natural disaster condition.

PROPERTY ACCESS.
Agent may access the Property inside or out for any purpose including repairs, inspection, verification of Guest status, monitoring for improper use of Property, maintenance, Property improvement, or for any other reason, without prior notice to Guest. If for any reason Guest prevents or attempts to prevent full and unencumbered Property access, it shall be deemed grounds for immediate termination and eviction with no refunds of rent, tax or deposit.

SHORT TERM RENTAL.
It is expressly understood and agreed that this is a short-term, transient rental agreement, and is not a lease or other long term residential tenancy agreement. This Agreement is only for the licensed use of the Property for the stated Term. It creates no property rights for Guest and no rights to renewal or for recurring usage. This Agreement is also neither a Time-Share sale or a Plan of Time-Share Development, nor a Vacation Club.

TERMINATION AND RIGHT TO EVICT.
If the Guest or any member of the party violates any of the terms of this Agreement, the Agent may, at the Agent’s sole discretion, terminate this Agreement with no refund. Use of the Property which is in the opinion of Agent fraudulent, dangerous, illegal, or in gross negligence, shall be deemed grounds for immediate termination and eviction with no refunds of rent, tax or deposit. Guest is hereby notified that they will be subject to an expedited eviction procedure.

ACCURACY OF INFORMATION AND WEBSITE.
The website(s) owned and operated by Agent are provided for informational purposes and to facilitate the reservation process. Neither Agent nor any of its staff may be held liable for any damages arising out of the use of the website(s) or services. All information contained in our website, or any other on-line, paper, verbal, or other forms of materials describing the Property are NOT part of this rental agreement and there is an acknowledgement that any representations those materials have made with respect to the Property were for informational purposes only and have no bearing or obligation with respect to completeness or correctness regarding the Property. However infrequent, it is possible that the latest information on a unit may not be available online. This may include decor, price, availability, etc. Please check with a reservation agent. Your use of the website(s) and any reservations made with Agent are subject to the Terms and Conditions stated herein. Furthermore, you agree that you are over 21 years of age, legally able to enter into this contract, and the information that you provide to Agent is truthful and accurate. The information that we collect is for use by and only by Agent. You agree to pay all charges created by your use of this website (including booking fees, linen charges, housekeeping fees, unit rental fees, etc). We reserve the right to modify our policies, information, rates and discounts at any time.

INDEMNITY.
Please conduct yourself in a manner that will not put you, your children, your guests, or others in danger. Parents are responsible for the actions of their minor children, as well as themselves. Guest agrees to release and indemnify both the Owner of the Property, Agent, and its officers and employees from and against all liability, should anyone be injured upon the premises during the term of the Agreement, resulting from any cause whatsoever. Guest will indemnify and hold harmless the Owner and Agent for any injuries, accident or otherwise, incurred or suffered upon the premises by Guests or anyone associated with Guest for any cause whatsoever during the term of this contract. Guests personal property and vehicles are not insured by the Agent or Agents representatives against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Items not claimed after 30 days will be disposed of.

AMENDMENTS.
No subsequent alteration, amendment, change or addition to this license shall be binding unless in writing and signed by both Parties. This Agreement supersedes any prior agreements made between Agent and Guest, verbal or in writing.

DISPUTES/JURISDICTION.
All disputes shall be resolved by binding arbitration according to the arbitration rules of the American Arbitration Association and will occur in Mono County, California. Any judgment upon the award rendered by the arbitration panel may be entered in any court having jurisdiction over the subject matter thereof. The arbitration panel shall have the authority to grant any equitable and legal remedies that would be available in any judicial proceeding instituted to resolve a dispute. The parties will bear the expense of deposits and advances required by the arbitration panel in equal proportions, but either party may advance such amounts, subject to recovery as an addition or offset to any award. The arbitration panel will award to the prevailing party, as determined by the arbitrators, all costs, fees and expenses related to the arbitration, including reasonable fees and expenses of attorneys, accountants and other professionals incurred by the prevailing party.

CHARGEBACKS.
By signing this Agreement Guest agrees to pay the full face value of the agreed vacation rental transaction. Guest agrees not to attempt to charge back, reverse, or dispute the charges with their credit card company for this transaction and the services rendered. Chargebacks may only be issued in instances of fraudulent use of card holders information, or if the sale was not a bona fide transaction authorized by the card holder.

PRIVACY.
A valid email address is required to book a reservation. We do not share your email address with 3rd parties. We will send you documents relating to your reservation, and from time to time we may email special offers. If you do not wish to receive special offers from us via email, please email us at info@mammothreservations.com with the words “unsubscribe” in the email subject line, or call our office at 800-223-3032.

NOTICES/AGENT ADDRESS.
Any informal questions during your stay may be directed to the Agent via email or phone. All rent, fees, contracts and other notices and formal communications should be provided to Agent:

Mammoth Reservations
PO Box 7247 | Mammoth Lakes, CA 93546
P/F: 1-800-223-3032
info@mammothreservations.com

THIS IS A VACATION RENTAL AGREEMENT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY, EXPEDITED EVICTION OF GUESTS, AND SHORT NOTICE PERIOD FOR AGENT ACCESS AND INSPECTION. MAKING A RESERVATION AND PROVIDING PAYMENT IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO RENT THIS PROPERTY AS A SHORT-TERM VACATION RENTAL WITH THESE SPECIAL PROVISIONS.