MAMMOTH RESERVATIONS, INC

VACATION RENTAL AGREEMENT TERMS AND CONDITIONS

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THE FOLLOWING AGREEMENT IS MADE BY AND BETWEEN GUEST AND MAMMOTH RESERVATIONS INC, DBA MAMMOTH SIERRA RESERVATIONS, MAMMOTH RESERVATIONS, MAMMOTH ESTATES RENTALS (“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 imposes occupancy taxes on all rent and rental fees of 14%. Occupancy taxes are automatically added to every reservation.

AGE REQUIREMENT

The Guest making the reservation and signing the rental agreement must be at least 25 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 via a major credit card once the rental agreement has been signed. 15% of the total reservation amount is non-refundable (the Non-Refundable Deposit). The remaining balance will be charged to your credit card 30 days prior to the Arrival Date. If your Booking Date is less than 30 days prior to your Arrival Date, payment in full is due at the time of booking. All refundable security deposits will be refunded within 3 days from the date of departure, after the unit has been inspected, minus any amounts withheld for damages, missing items or additional cleaning. For group payments, please reference the group policy below.

HOLIDAY PAYMENT POLICY

A payment equal to 50% of the total reservation amount is due via a major credit card once the rental agreement has been signed. 15% of the total reservation amount is non-refundable (the Non-Refundable Deposit). The remaining balance will be charged to your credit card 30 days prior to the Arrival Date. If your Booking Date is less than 30 days prior to your Arrival Date, payment in full is due at the time of booking. A 3% handling fee applies for Holiday Bookings (the “Holiday Service Fee”), and applies to Christmas Week and New Years Week. The fee will be waived for guests who opt to provide payment in full via check or money order. Checks should be made payable to Mammoth Reservations, PO BOX 7054, Mammoth Lakes, CA 93546 and should be received within 7 days after the Booking Date. If the full balance is not received via check by the payment due date, the credit card on file will be charged the full payment due.

CANCELLATION POLICY

A full refund minus the Non-Refundable Deposit will be issued only when a written cancellation notice is received more than 30 days (60 days for group reservations) prior to the Arrival Date. 15% of the total reservation amount is non-refundable (the Non-Refundable Deposit). All reservations are final, regardless of inclement weather, snow conditions, or other circumstances. If you cancel your reservation within 30 days of arrival date, no refund will be issued. All refunds will be issued in the form of the payment received, and within 7-10 business days.  We strongly recommend travel insurance to protect your investment. You may submit a written request to change to your reservation at least 30 days (60 days for group reservations) prior to your Arrival Date. In the event we can accommodate your request, a $35 Reservation Change Fee will be applied. Note: Bookings made through 3rd party websites may include different and/or more strict cancellation policies, depending on the website. The guest is subject to the Cancellation policy in place at the time of booking, and through the website on which they are booking.

GROUP POLICY

A group reservation consists of 2 or more units rented during the same time period. All payments on group reservations, except for the non-refundable $150 per condo booking deposit, are due by check. Please see above for the group payment policy. We have a 60-day cancellation policy for all group reservations, as well as a one-time $1,500 refundable security deposit that is due within 14 days of the arrival date via check. All refundable security deposits will be refunded within 14 days from the date of departure, after the unit has been inspected, minus any costs withheld for damages, missing items or additional cleaning. A 3% handling fee is applied to all credit card payments.

GROUP PAYMENT POLICY

A $150 per unit Non-Refundable Deposit is due at the time of booking via a major credit card. A check for 50% of the balance (minus the Non-Refundable Deposit) is due 7 days after the Booking Date. The final balance is due via check 60 days prior to the Arrival Date. If Guest wishes to pay via credit card a 3% handling fee will apply to credit card payments. If the full balance is not received via check by the payment due date, the credit card on file will be charged the full payment due, plus a handling fee of 3%.

SECURITY DEPOSIT

A refundable security deposit (the “Security Deposit”) is required for certain rentals 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 5 days 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. For Group Security Deposits, please reference the Group Policy above.

INTERNATIONAL GUESTS

Full payment, plus an additional 3% handling fee, is due at the time of booking via a major credit card, along with verification of identity.

METHODS OF PAYMENT

We accept personal checks, Visa, MasterCard, and Discover Card. Please make checks payable to Mammoth Sierra Reservations and remember to include your reservation number on your check/payment. All payments must be made in U.S. dollars. There is a $35 handling fee for all returned checks. Once your final payment is received, a confirmation will be sent via email.

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.

DAMAGE WAIVER FEE

A $35 nonrefundable Damage Waiver Fee is required for all reservations. We require a valid Visa, Master Card or Discover Card number on file in addition to the $35 Damage Waiver Fee. If you are renting multiple units, a damage waiver is charged for each unit rented. The damage waiver can apply to unintentional, incidental and reported damages to the rental Property and its contents, not to exceed the amount of coverage (up to $350). All damages must be reported within 12 hours. The Damage Waiver Fee does not cover: damages in excess of $350, unreported damages, damages resulting from negligence or misconduct, intentional damage, theft, unauthorized entry into the unit or the owner’s supply closet, unauthorized pets or pet damages, lost keys, damaged linens, extensive cleaning required at check-out, smoking, exceeding occupancy limits or parking limits, and any other charges/policies in this Agreement, and any fines or fees imposed by the City, County, State or Home Owner Association as the result of violation of any law, ordinance, rule or regulation, or any fines or costs levied against Guest or visitors of Guest (“Excess Damage Costs”).

Guest will be notified in writing of any Excess Damage Costs. Any Excess Damage Costs will be charged immediately to the Guest’s credit card. Guest assumes full responsibility for any items found to be missing and any damage due to misuse, negligence or action on Guest’s or Guest visitor’s part, except in the case of normal wear-and-tear reported to Agent within 12 hours of Check-in. Agent reserves the right to require a security deposit for any reservation at its sole discretion.

REPORTING DAMAGES

Please note any damage to the Property upon your arrival and report it immediately to our office (800-325-8415) 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 for the waiver to apply. 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.

VACATION INSURANCE PROTECTION

Agent offers travel insurance through CSA Travel. It can protect you from losses you may incur because of unforeseen circumstances. The cost of this insurance is 7.1% of the rental, fees, and applicable taxes. All refunds and claims are handled directly by CSA Travel (https://www.csatravelprotection.com/). Travel insurance is non-refundable after purchase.

CHECK-IN AND CHECK-OUT

Check-in time is 4:00PM. 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 applies to all pet-friendly units and is included with the rent charge. All pets must be pre-approved, and only one pet is allowed per pet-friendly Property. On occasion, we will allow a second pre-approved pet with an additional $20/night pet fee. 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, tissues, paper towels, among other kitchen and bathroom amenities. Agent does not replenish supplies during your stay. All bedding, towels, dishwasher detergent, and liquid dish soap are provided. Kitchens are not supplied with food staples, plastic wrap, foil, etc. The home is stocked with Shampoo, Conditioner, Body Wash, Lotion and Hand Soap. To be environmentally conscious and reduce waste, we supply large refillable bottles. They are not for single use, please do not remove these bottles, they are there for your use during your stay only. Any missing amenity bottles will be charged at a $20 per 32oz bottle and $10 per 16oz bottle replacement fee upon departure. If your bottles need refilled during your stay, please contact our office.

CLEANING AND LINENS

A cleaning and linen fee is required for all reservations and covers normal clean up after your departure. If extra cleaning is required, your credit card will be charged at the hourly rate of $35/hr. All units are non-smoking and come with one set of premium sheets and towels. 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. The replacement fees will be immediately charged to the guest’s credit card, as follows: linens are $25 per item, towels are $10 per towel, keys are $30 per key, remotes and other incidentals range from $30 – $150.

SMOKING

Smoking is NOT permitted in any rental unit managed by Agent. Smoking in any of our condos will result in an immediate charge of $500 to the credit card on file.

COMMUNITY & PRIVATE AMENITIES & SNOWCREEK ATHLETIC CLUB

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, Jacuzzi’s, Spa’s, 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. In times of excessive snow amounts, a private hot tub is not guaranteed to be available, Agent will make our best effort to ensure this amenity is available but it is not guaranteed and no refunds will be issued if the amenity is inaccessible to protect the safety of guests. The hot tub and surrounding patio/deck can be dangerous and can be slippery when wet, proceed with caution. 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. Paying rental guests receive access to the Snowcreek Athletic Club as part of the paid rental. Guests must adhere to all policies and rules enforced by the Snowcreek Athletic Club, Agent is not responsible if access is denied due to guest not following club rules or eligibility. A 2% amenity service fee is included in the cost of this rental.

MAINTENANCE

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 Extra 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, DVD’s, 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 “extra” 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, Owner’s may choose to add or remove amenities.

INTERNET & CABLE 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. Internet connection and cable services are very unreliable in Mammoth Lakes, we are in an isolated, remote location. We do not guarantee Internet access, and we do not provide refunds if there is an interruption of service availability of internet and/or cable 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.

LOCK-OUT POLICY

If you are locked out of your unit during your stay, please call our emergency line at 1-800-325-8415 and leave a message on extension 6. Guest lock-outs and emergency calls after 9:00pm are subject to a $30 callout fee per incident, charged to the credit card on file.

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 Sierra 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. It is not the agents responsibility to provide weather updates to guests and neither Agent nor its staff may be held liable if weather conditions are not relayed to guest, or if any weather conditions occur during a guests stay.

WILDLIFE

Mammoth Lakes is located in a National Forest so please be aware of wildlife. You are now in bear country, take precautions and do not leave food in your vehicle, or leave your vehicle unlocked. Please dispose of trash in the bear resistant trash receptacles. From time to time field mice, chipmunks or squirrels can gain access to homes, please do not leave food exposed on kitchen counters. If you discover a critter visiting, please inform our office and we will do our best to take care of the matter. There is no guarantee of compensation provided for wildlife issues. Agent is not responsible for Bear damage to guests’ personal property.

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 25 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. At certain times of year, there may be a build of snow in our area. Windows or natural light may become blocked by snow build up. Neither Agent nor any of its staff may be held liable for any visibility restrictions caused by weather or seasonal elements. We have no control over snow build up, nor do we provide representations if the unit rented may or may not have snow build up, blocked natural light, windows boarded up for the safety of snow removal etc..

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. Guest’s personal property and vehicles are not insured by the Agent or Agent’s 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 face value of the agreed rental transaction. Guest agrees not to attempt to charge back or reverse/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 the 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@mammammothreservations.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.