Whereas you desire to engage a shared-economy experience as a Buyer of certain benefits associated with and derived from purchasing calendar specific dates and for real property described as !legal_description! and commonly known as listing #!listing_id!; and, whereas the property owner, Operator, or other duly authorized person or entity desires to provide you with calendar date certainty for the above-described real property in exchange for monetary compensation, this Agreement is entered into subject to the Terms, Conditions, Restrictions, and Limitations contained herein.
The Parties: The property owner, or other duly-authorized person or entity, shall hereinafter be known as the “Seller” or, the "Operator” or, the “Seller-Operator,” and the person who completed the online process to buy the specific calendar dates for listing #!listing_id! shall hereinafter be described or known as the "Buyer" or, referred to herein as "You" or "Your.” Hereinafter, the Seller and the Buyer may also be described or known as the "Parties" when referred to collectively.
Booking Commitment: The Booking Commitment will be emailed to the Buyer’s registered email address at the time the calendar dates are purchased and the associated booking record is thereby created. The Booking Commitment will specify (amongst other information) the specific calendar dates that are deemed “sold” to the Buyer; the total purchase contract amount; the Seller-Operator’s contact information; a digital copy of these Terms, Conditions, and Restrictions; and, instructions describing how to access Your established Rental Manager Buyer account portal.
By executing or accepting these Terms, Conditions, and Restrictions You hereby consent to the establishment of a secure online account portal, and to actively engage the described process to complete the required occupancy information as specified on the online form, to include:
1) emergency contact information;
2) private, or rental vehicle information, or designation of ride-sharing services;
3) optional services;
4) identity verification;
5) payment method verification.
Your Rental Manager account portal may also be used to provide You with information related to Your rights, duties, and obligations that derive from this Agreement.
Legally Binding Agreement: By agreeing to these Terms, Conditions, and Restrictions You are acknowledging that You understand, accept, and agree to be legally bound by the provisions contained herein. These Terms, Conditions, and Restrictions, together with the Booking Commitment, hereby constitute the "Purchase Agreement" between the Parties.
Sharing-Economy Agreement: This transaction is exempt from the regulations of the Arizona Landlord Tenant Act - ARS 33-1308 (4) and 42-5070. This Agreement is singularly and exclusively intended to facilitate the Buyer's purchase of property specific, calendar-time certainty from the Seller-Operator, subject to the Terms, Conditions, and Restrictions outlined in this Agreement.
Payment Terms: Payments must be made in U.S. funds, in the form of money orders, credit cards (Visa, MasterCard, and Discover), bank wire, e-check (ACH), or intra-bank account transfer. The payment of any required Property Deposit shall be limited to a cash-equivalent payment type. If a Deposit is required, it may not be paid by credit card.
Exclusive Currency: The U.S. dollar is the exclusive currency for all monetary transactions. No compensation, adjustment, refund, or credit will be made for any monetary loss deriving from currency fluctuations or exchange rate changes relative to the U.S. dollar.
Third-party Booking Agents: Third-party booking agents, including all duly authorized website booking platforms, may offer unique booking terms, policies, travel packages, discounts, specials, promotions, and other types of booking arrangements and incentives to their clients. In the event of any conflict between the terms and provisions of this Agreement and any subsequently executed Addendum(s), and the terms and provisions of any third-party booking agent, the terms offered by the third-party booking agent shall govern and control, except for matters specifically related to the health and safety of The Parties, associated persons, or the general public.
Contract Rate (Base Rate): The Contract Rate is based on the Property’s standard occupancy as designated in this Agreement, and specified in the Booking Commitment. The Buyer is required to confirm and fully disclose the names of all persons that comprise the Buyer’s occupancy group within 72 hours of receipt of the Booking Commitment, and to timely amend the occupancy data on the Buyer’s established online portal account if the anticipated occupancy changes after the initial occupancy data is submitted.
Additional Occupancy: If the number of confirmed people in the Buyer’s occupancy group exceeds the Standard Occupancy limit for the property, an additional occupancy charge may be assessed. The Buyer understands and accepts that any charge for additional occupancy may be assessed to the Buyer’s account.
Cancellation Policy: Except for bookings created by third-party booking agents as described in this Agreement, all cancelled bookings are subject to a processing fee of 10% of the gross dollar amount of the Purchase Contract. Calendar date purchases that are canceled are subject to the cancelation policy described in the Booking Commitment. All non-refundable payments are fully non-refundable irrespective of the cause or motivating factors, underlying any cancellation. Travel insurance may be purchased and is highly recommended. Please ask for further information or contact Your preferred insurer.
Start & End Times: The Purchase Contract occupancy arrival and departure times are designated in the Booking Commitment. All requests for early arrival and/or late departure must be made in writing and advance authorization must be obtained. If an early arrival time or a late departure time is authorized, a fee may be assessed as described in the Booking Commitment. Buyers who do not obtain written authorization for a late calendar time departure and who are still occupying the property past the contractually designated departure time will be subject to the charges associated with Breach of Contract as outlined in this Agreement.
Calendar Date Change Requests: All requests for calendar date changes are subject to calendar date availability and the written approval of the Seller-Operator. If the requested new dates are available, and if the new dates are approved by the Seller-Operator, the Buyer will be liable and charged if the new calendar date Purchase Contract Amount is higher than the original Purchase Contract Amount.
Property Damage: The Buyer agrees to be responsible for any damage to the premises, excluding normal wear and tear, that occurs as a result of the actions of the Buyer or any of the Buyer’s Occupancy Group or invited guest. Upon notification, the Seller-Operator or an Agent representing the Seller-Operator may enter the premises at any reasonable time for the purpose of making repairs, routine maintenance, or for inspections related to the condition of the property or to enforce any provision of the terms of this Agreement. Neither the Seller-Operator or any authorized agent are responsible for articles of personal property left at or on the premises by the Buyer or any member of the Buyer’s Occupancy group or guest(s). The Operator shall not be held responsible for any damage(s) that may occur to Your personal property.
Property Services & Contract Compliance Deposit (OPTIONAL): The Booking Commitment will indicate the dollar amount of any required Property Services Deposit. If required, the Property Services Deposit funds must be received into the Operator’s account at least fourteen (14) calendar days before the first calendar day purchased, or within 24 hours after the Booking Commitment has been issued if there is less than fourteen (14) calendar days between the day of the Booking Commitment and the first chronological day purchased. The Booking Commitment is subject to being withdrawn by the Seller for non-payment if the required Property Services Deposit is not paid in a timely manner. The collected funds held on deposit will be used to offset any property-related charges, or any other charges related in any way to the Purchase Contract including any third-party vendor charges incurred during the Buyer's stay. The Seller-Operator reserves the right to withhold access to the property until the required funds are received, and the Buyer understands and accepts that no refund of any payment paid or compensation of any type will be paid to the Buyer if access to the property is withheld due to the Buyer's non-compliance with the requirements outlined in this paragraph. At the conclusion of Your stay, the net return of funds will be mailed by U.S Postal Service to the address associated with Your Purchase Agreement record, unless an alternative address is provided.
Sight Unseen Decision: The Buyer accepts that there are inherent limitations and risks associated with deciding to engage any kind of sight-unseen purchase decision. The Buyer acknowledges that website and internet publications, used to form an opinion about the suitability of any property, always include photos and descriptions of properties which result in subjective interpretations of the physical property which are certain to be perceived differently by different individuals. The Seller-Operator expressly disavows any liability and offers no guarantees or warranties, either expressed or implied, regarding any aspect of satisfaction with the property beyond those expressly made in these Terms, Conditions, & Restrictions.
Buyer Responsibility: The Buyer understands and accepts that it is the Buyer's sole responsibility to determine and confirm that the property selected has the location, quality, features, amenities, occupancy limitations, bedding and sleeping arrangements that meet or exceed the requirements needed.
Seller-Operator Duty Limitations: The Buyer hereby understands and accepts that the Seller-Operator is not operating a hotel or resort, and that no type of accommodations-related customer service is offered or included in this Shared-Economy Agreement. The Buyer understands and accepts that accommodations-related customer service such as concierge and travel agency trip planning services may be available through separate agreements with third party vendors, and that all such third-party agreements must be arranged and paid for independent of this Agreement.
Verification of Identity and Occupancy Restrictions: Only those individuals who are properly disclosed on the Buyer Data Registration Form may occupy the property. Prior to receiving access to the property, the Buyer shall provide two forms of identification. The first form of required identification shall be a valid driver's license or other valid and acceptable government issued identification. The second form of identification shall be the credit card used to pay for the Purchase Contract charges, if a credit card was used. If a credit card was not used to pay the Purchase Contract charges, any major credit card in the name of the person listed as the Buyer may qualify as the required secondary identification. If the credit card used to pay the Purchase Contract charges is not in the name of the Buyer, the person or entity whose name is on the credit card must submit copies of identification matching the credit card that was used to pay the Purchase Charges, along with written, signed documentation fully authorizing the Purchase Contract charges and stating that the person authorizing the charges has read and agrees to be bound to the terms of the Purchase Contract. When submitting evidence of any credit card, all but the last four (4) numbers of the credit card must be blocked out before transmitting the image for verification. The last four digits on the credit card must be in clear view and fully legible. The name on this card must also be legible and must match the name listed as the primary Buyer in the Booking Commitment, except as previously described in this paragraph. The expiration date on the card, must also be legible. The back of the credit card must also be provided with the card holder's signature legible for verification purposes. The Booking Commitment is subject to cancellation if valid identification documents are not provided within 72 hours after the issuance of the Booking Commitment.
Bed Configurator: All Buyers understand, acknowledge, and accept that the bedding configuration tool that is offered to the Buyer as part of the Buyer's Rental Manager portal is an optional feature which is intended to assist the Buyer to ensure that all occupants have proper bedding arrangements set up in advance of arrival. Linens and towels will only be provided for the number of people disclosed and configured on the required bed configurator link. BEDS NOT INDICATED AS BEING USED ON THE FORM MAY NOT BE MADE UP WITH LINENS.
Occupancy Limitations: All occupants are required to be disclosed on the Occupant Data Form, and all occupants must have an established bed to sleep in. NO OCCUPANTS MAY SLEEP ON THE FLOOR OR ANYTHING OTHER THAN AN APPROVED BED WITH A MATTRESS. Queen and king-sized beds may be occupied by a single individual, an adult couple, an adult and a child (5 years and younger), or two children (5 years and younger). Mattresses smaller than a queen size, may only be occupied by a single individual.
A) Standard Occupancy is equal to the number of permanent beds in the property.
B) Maximum Single Occupancy is based on one person (single) occupying each of the established beds at the property (including alternative bedding such as a pull-out couch, or a daybed), plus the maximum number EXTRA BEDS authorized to be delivered to the property.
C) Maximum Double Occupancy is based upon double occupancy of queen and king-sized beds, and a limit of one person occupying any bed with a mattress smaller than queen-size (including alternative bedding such as a pull-out couch or a daybed), plus the maximum number of EXTRA BEDS authorized to be delivered to the property.
Maximum Occupancy for any particular group is determined by the composition of the particular group, such that the maximum occupancy for groups consisting of entirely single individuals, and the maximum occupancy for groups occupying the home subject to double occupancy will be different, with the stated policy objective being that all persons have an established bed to sleep in. After any booking is created, authorization for additional occupants must be requested in advance, and will not be authorized if the increase in occupancy causes the property to exceed its stated maximum occupancy.
Maintenance & Substitute Property: Every effort is made to ensure that each property is in good working order by the Purchase Contract start date and time. If maintenance problems occur, they will be handled in accord with the terms of the maintenance contract covering the property. If any component part of the property, considered important (or vital) to the Occupant(s), becomes unavailable or inoperable; or, if the subject property becomes unavailable (for any reason) at any time, another property of comparable size and amenities may be substituted and offered as a alternative, replacement property to take the place of the original property. Further, the Buyer understands and accepts that the alternative property may only be occupied if the Buyer agrees to the alternative property's Terms and Conditions of Occupancy. If an alternative home is provided, and circumstances of urgency, or other constraints, prevent the Buyer from explicitly accepting the alternative property’s Terms of Occupancy in advance of occupying the property, the Buyer agrees that the act of occupying the alternative property for a period of time greater than two (2) hours will serve as a tacit, full acceptance of the Terms and Conditions of Occupancy, a full copy of which will be posted to the Buyer's established online account.
Fee-Based Optional Services: The Seller-Operator's agents or affiliates may offer additional services and or products to the Buyers which are optional and are exclusive of this agreement, except as described in this Agreement. All online purchases are fully refundable without limitation within three (3) days of purchase.
Optional services include, but may not be limited to, the following:
1) Trip Cancellation Protection: This optional service expands the time frame of the existing contract's refund-eligibility date to midnight three (3) days before the originally scheduled arrival date. Accumulated payments will be refunded to the Buyer in the event that the confirmed booking is canceled as a result of the trip being cancelled for any reason that is specific and exclusive to the Buyer and authorized occupants. This protection is NOT Trip Cancellation Insurance Coverage and does not apply when the Buyer's trip is being cancelled for reasons that are not personal and exclusive to the Buyer and authorized occupants. Examples of cancellation reason which are invalid include, but are not limited to, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, pandemic, infectious disease outbreak or fear of an outbreak, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or similar catastrophe. In order for a claim to be deemed valid the Buyer must provide written notice that the trip has been cancelled AT LEAST 3 CALENDAR DAYS BEFORE THE START DATE OF THE Purchase Contract. The written notice must include the Buyer's full name, contract ID number, contact email address, physical address, and explanation of circumstances and reasons the trip is being or will be cancelled. As soon as reasonably possible, the Buyer must provide acceptable evidence to support that the trip has been cancelled and the reason(s) why the trip was cancelled. The amount of all accumulated payments, which have been fully processed, will be refunded to the Buyer within 15 business days from the date that acceptable evidence is submitted documenting that the trip has been cancelled and the reasons supporting why the trip was cancelled. Evidence that the trip has been cancelled may include information received directly from an airline of flight cancellation(s). In all instances the required documentation must be submitted within 15 calendar days from the date that the Purchase Contract was cancelled. In most cases, it will be deemed sufficient to provide flight cancellation documentation for the occupants listed on the required Buyer Occupancy Information Form. The evidence that is required may be more or less than is listed in this paragraph and shall be independently determined at the time the documentation is submitted. Once purchased, any request to refund the payment associated with the purchase of Trip Cancellation Protection must be received within 72 hours from the time of purchase. All refund requests must be emailed to [email protected] and include the Contract ID and the full name of the Buyer.
2) Worry-Free Program: This program allows Buyers to select a different property subject to the limitations in this paragraph. Only properties designated as "Worry-Free" properties are able to be selected as the secondary destination property. Eligible "Worry Free" properties are identified with a "WF" logo in all marketing materials and third-party websites. Properties eligible for this program may also be designated as eligible with written text indicating that the property is eligible for the Worry-Free program in either the header or property description section of third-party websites, landing pages, or other types of print or digital advertisements. Only Purchase Contracts with dates of stay of less than 15 nights duration are eligible.
3) Pool Heating (if applicable): All homes with heated pools are equipped with the latest technology swimming pool heaters. However, swimming pools contain very large amounts of water and even the most energy efficient pool heaters are expensive to operate in the winter months. The pool and spa heating charges required of the Contracted Recipient are as follows:
* A daily charge to heat the swimming pool as designated in your host's House Rules.
If pool heat is purchased, the thermostat will be set to 85 degrees. The Contracted Recipient understands and accepts that that the pool heater may not successfully raise the temperature to 85 degrees. Be advised that a lower actual pool temperature may result because the pool heaters are limited in a number of ways. First, the temperature of the water will be dependent upon on a number of variables and some of these are not controllable. Most importantly, the outside ambient air temperature will significantly impact the effectiveness of the swimming pool heater to the extent that the heaters will not function if the air temperature drops below 44 degrees. Additionally, the pool heaters are much more efficient if the pool is covered when not in use. As such, the Contracted Recipient agrees to cover the pool at all times when it is not in use in order to optimize the efficiency and performance of the pool heater. The cost of having the pool heater turned on and the thermostat set to 85 degrees, does not in any way a guarantee that the water will be heated to a temperature of 85 degrees or to any minimum temperature. The payment to heat the pool is the cost to turn the pool heater on and operational. Further, You understand and accept that the per day pool heating charge is exclusively to compensate the Property Sharer for the additional expense associated with having the pool heater on and operating.
Home Security: It is the responsibility of every Buyer and authorized occupant to securely lock the premises when they are not at the property. This requirement includes all of the home's doors, entrances, and windows.
Behavior, Civility, and Decorum: The Buyer agrees to be responsible for the actions of themselves, other Buyers, authorized occupants, and guests of any Buyer or other occupant. The Buyer agrees to act in a civil manner during their stay and to be responsible for the actions of the Buyer's guests and other occupants with respect to this requirement. The Buyer understands and accepts that the Seller-Operator retains sole discretion and may terminate the Buyer's occupancy of the home if the Seller-Operator or the Seller-Operator's authorized agent determines that either the Buyer or any member of the Buyer's group has acted inappropriately. Examples of inappropriate behavior include, but are not limited to, disturbing the peace of the neighborhood; willful or negligent damage to the property; failure to lock or otherwise secure the property while no responsible member of the Buyer's group is at the home; occupancy of the property by persons not disclosed on the Purchase Contract; excessive occupancy; violent, aggressive, rude, threatening, offensive, or confrontational behavior, conversation, or email communication.
Tampering: All property related systems, components, and fixtures that are considered restricted and should not be tampered with under any circumstances. A partial list of the systems, components, and fixtures that are specifically deemed off limits are electronics and all associated wiring, pool and spa equipment (except topside controls), thermostats, placement of indoor and outdoor furnishings, wall art, outdoor watering systems, indoor and outdoor lighting, plumbing (including fixtures), ceiling fans, window coverings, signage and other communications.
Compensation Policy: Under no circumstances will compensation or refunds be made for incidental matters or for any incident(s) or event(s) that is/are not caused or directly attributable to the negligent actions, or inactions, of the Seller-Operator.
Credit Card Disputes and/or Chargebacks: The use of credit cards is not intended to be a mechanism for cardholders to alter the terms of this Purchase Contract. The Buyer agrees not to attempt to abrogate, alter, amend, or otherwise gain any kind of financial advantage which does not derive from the this Purchase Contract, except as explicitly provided for in relevant credit Cardholder Rights' Agreements or Consumer Protection Statutes and Regulations. The Buyer understands and accepts that the Seller-Operator and/or the Seller-Operator's agent have the right to pursue any balances owed by the Buyer by employing or engaging internal and external collection agencies and court processes. Moreover, the Buyer has been advised that failure to pay any financial obligation contained in this Purchase Contract may result in a negative impact to the Buyer's credit report and reputation.
Timely Disputes; Compensation; and Refund Requests: All requests for any refund of any money paid, or other ancillary charges, which derive from the lack of satisfaction with the property or related services, must be explicitly expressed and registered with the Seller-Operator, or the Seller-Operator's agent, at the time that the issue(s) become(s) known to the Buyer. Additionally, all requests for compensation (or any type of refund) must include photographic evidence clearly supportive of the formal Request and the underlying claim(s). In addition to providing physical evidence, all Requests for Compensation must include a specific dollar amount being requested; the specific contractual provisions the Request is being based on; together, with the required photographic evidence documenting the claims underlying the formal Request. The Buyer understands and accepts that no compensation will be paid to the Buyer, and no money already having been paid by the Buyer will be refunded, unless the claim(s) underlying the request is/are made in accord with the requirements outlined in this section of the Agreement. For the purposes of this section of the Contract, no formal Request will be deemed to have been filed timely, unless the complaint is registered in writing within 24-hours of the Buyer having first become aware of the problem(s) or issue(s) underlying the Request. Nothing contained in this paragraph of the Agreement shall be interpreted to in any way expand the obligations of the Seller-Operator beyond the explicitly written verbiage.
Privacy & Confidentiality: Whenever we collect information about you, we restrict access to your nonpublic personal information to our employees and those third parties who need the information to respond to your inquiries, to provide Support Desk services, and to provide products, services and other information you request from third party vendors. We agree to maintain strict and universal confidentiality as to all provisions of this agreement. This part of the agreement includes, but is in no way limited to, the release of Buyer contact information to any unaffiliated entity. Nothing in this paragraph shall be construed so as to prevent disclosure to any law enforcement or judicial agency, to prevent disclosure required by law or regulation, or to inhibit reporting to any government agency intended to protect the health or safety of the public or any person(s).
Dispute Resolution: If a dispute related to or deriving from this contract materializes, the Parties agree to first engage in good faith efforts to resolve the dispute informally through direct communication(s) which the Parties may deem appropriate. If the Parties are not able to resolve the dispute informally, the Parties agree to the submission of the matter to Rental Manager, LLC which will collect a formal Request for Compensation document(s) and to conduct an independent investigation of the circumstances, and to render a formal Recommendation to the Parties in accord with the timeline listed as follows:
Requests submitted by the 15th of any month will result in a formal Recommendation by the 25th of the same month.
Requests submitted by the 1st of any month will result in a formal Recommendation by the 10th of the same month.
The Parties hereby agree that if either Party does not accept the Recommendation, that the matter will be submitted for mediation administered by the American Arbitration Association under its Consumer Mediation Procedures before resorting to civil litigation.
Legal Costs: In the event that legal expenses arise from a dispute related to any aspect of this Agreement, or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, mediation and arbitration expenses and costs, and all other related expenses incurred in any legal process. In the event of a non-adjudicative settlement of litigation between the parties or a resolution of a dispute by arbitration or mediation, the term "prevailing party" shall be determined by that process.
Choice of Law: This Sharing-Economy agreement shall be governed by the laws of the state of Arizona. The Buyer and the Seller-Operator irrevocably and respectively consent to the exclusive personal jurisdiction of the federal and state courts located in Arizona, as applicable, for any matter arising out of or relating to this Agreement.
Notifications: The Seller-Operator mailing addresses for notifications is listed below:
Attention: !landlord!
Address: !landlord_address!,!landlord_city!,!landlord_state! !landlord_zip!
Severability: If any provision of this Sharing-Economy Agreement is held by a court of law to be illegal, invalid, or unenforceable, (a) that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (b) the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
Successors and Assigns: Buyer shall not assign his or her rights under this agreement, or sublet the property, in whole or part, to another party without the prior written consent of Seller-Operator. The Seller-Operator retains the right to assign his or her rights under this agreement to a third party without further notice.
Limit of Liability: Except as specifically provided for in this Agreement, neither the Seller-Operator nor the homeowner, or any person or entity acting on behalf of, or in association with the Seller-Operator or Homeowner, shall be held liable for more than the total amount of accumulated payments paid by the Buyer.
Entire Agreement: These terms, conditions, restrictions, and limitations, together with the associated Booking Commitment and Addendum(s), represent the entire Agreement between the parties. No verbal representations or promises made by anyone are enforceable in any respect, unless expressly agreed to by the Parties and incorporated into this Agreement and specifically referenced as an Addendum to this Agreement.
Privacy of Verbiage: Unless prohibited by law, the verbiage of this legal Agreement is deemed a private document intended only for distribution to the Parties to this Agreement. If you are not a party to this Agreement you are restricted from using any of the language of this document for any purpose not intended by the author, without the explicit permission of the author.
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Administrative Use Only - Update Code: 00010s-es24-hefhdfpseizok-023tnp