Whereas you desire to engage the shared-economy experience as a recipient of certain benefits associated with, and derived from, the occupancy of real property commonly known as Listing #2890 and legally described as and, whereas the property owner, landlord, or other duly authorized entity desires to share the above-described real property asset with you, this Agreement is entered into subject to the Terms, Conditions, Restrictions, and Limitations contained herein.
The Parties: The property owner, landlord, or other authorized entity, shall hereinafter be known as the "Property Sharer" or "Asset Sharer" or "Sharer." The person(s) listed on the Booking Commitment shall hereinafter be described, or known as, a "Contracted Recipient" or, "Contracted Recipients" or, "Recipient" or, the "Recipients" or, the "Recipient Renter" or, the "Recipient Renters" or, "You" or "Your" unless, described or referred to using the proper legal name(s) or the legal entity name(s) listed on the Booking Commitment. Hereinafter, the Property Sharer and the Recipient Renter may also be known as the "Parties" when referred to collectively. All authorized occupants (not listed on the Booking Commitment) shall hereinafter also be described, or known as "Occupant" or, "Occupants" when referred to collectively with other authorized occupants.
Booking Commitment: The Booking Commitment is emailed to the Recipient Renter immediately upon creation of the Rental Record, whether that Rental Record is created by the Recipient Renter or a Booking Agent. The Booking Commitment is sent to the email address recorded by the person inputting the Recipient Renter's information when creating the Rental Record. The Booking Commitment includes the specific dates of occupancy, the rental contract amount, information related to the Property Sharer, a digital copy of these Terms, Conditions, and Restrictions, and detailed instructions describing how to establish and access your secure online account. By executing or accepting these Terms, Conditions, and Restrictions you consent to the establishment of a secure online account, and to complete the required information related to the property, the intended property occupants, emergency contact information, vehicle information. The online account portal may also be used to inform you about information to you related to the landlord's established processes, protocols, and other information related to your Rental Contract or stay at the property.
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 all of the provisions contained herein. These Terms, Conditions, and Restrictions shall serve as an Addendum to the Booking Commitment executed online. The Booking Commitment provides details, and includes specific data related to your specific arrival and departure dates; the property; your rental rate; any required deposit; and, together with the Booking Commitment, these Terms, Conditions, and Restrictions hereby constitute the "Rental Contract" between the Parties.
Premise upon which this Agreement is based: This is exclusively and singularly a Sharing-Economy Agreement, a relatively new and fast-growing type of peer-to-peer agreement being fostered by technological advancements which make it possible for people to conduct their personal lives and businesses more efficiently by connecting with each other directly through the use of the internet and software. The efficiencies and costs savings of the burgeoning Sharing-Economy model are likely to continue becoming a larger and more highly integrated part of the evolving world economy. Agreements, such as this one, are likely to become more common in the near future, due in large part to continuing improvements and availability of the enabling technology and software which make direct economic connections between individuals and businesses easier, safer, and more readily achievable. Nothing in this Agreement shall be construed so as to cause this Sharing-Economic Agreement to be understood as a traditional Company-Customer relationship, and no aspect of this Agreement shall confer upon the parties, any of the rights, duties, or obligations that typically derive from a traditional Company-Customer business agreement. This Agreement primarily derives from the mutual and independent desires of the Parties to obtain the lower costs and ease-of-transaction benefits that are inherent to the Sharing-Economy experience, and the parties hereby agree to forego any and all benefits of a traditional Company-Customer business model, which are not explicitly described in this Agreement, in deference to the gains and benefits associated with, and derived from, the Sharing-Economy premise upon which this Agreement is based.
Sharing-Economy Defined: For the purposes of this Agreement, Sharing-Economy means an "economic model in which individuals are able to borrow or rent assets owned by someone else. The sharing economy model is most likely to be used when the price of a particular asset is high and the asset is not fully utilized all the time." (http://www.investopedia.com/terms/s/sharing-economy.asp)
Sharing-Economy Agreement: The purpose of this Agreement is to facilitate the sharing of real property between the Property Sharer and the Recipient Renter, subject to the Terms, Conditions, and Restrictions outlined in this Agreement. This transaction is exempt from the regulations of the Arizona Landlord Tenant Act which includes a specific exception for transient lodging facilities - ARS 33-1308 (4) and 42-5070.
Exclusive Currency: All monetary aspects of this agreement shall be in US dollars exclusively. Further, no compensation will be made resulting from monetary loss due to currency fluctuations or exchange rate changes relative to the US dollar.
Payments: It is understood and accepted that all payments required as a part of this Agreement are the full and exclusive property of the Asset Sharer, subject only to the rights outlined in the cancellation provisions of this Agreement. Once a payment has been made, it is understood and accepted that the Asset Sharer may disburse or distribute some, all, or none of the money to any third-party entity or other person without limitation and without any duty to disclose or inform the Recipient Renter of any of the details regarding the payment funds after the payment has been made, subject only to the limitations and restrictions outlined in this Agreement. All payments made by you and required by the Terms of this Agreement, whether made online or processed through an authorized payment system or booking agent, are being collected on behalf of the Property Sharer, or other duly authorized entity.
Payment Terms: Rent 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 required Property Deposit may not be paid by credit card.
Third-party Affiliates: Third-party Travel Program Affiliates and other Booking Affiliates may offer travel packages, discounts, specials, promotions, and other types of incentives to their clients. The terms offered by any third-party Travel or Booking Affiliate are offered by the Affiliate, and the terms of any offer made by any Travel or Booking Affiliate are independently determined by the third-party Affiliate. Any offer made to the Recipient Renter, by any Travel or Booking Agent, must derive from and be in compliance with, the terms of an executed Agreement between the Property Sharer and the Travel or Booking Affiliate making the offer. In any event, the terms outlined in any Booking Commitment properly obtained, will be honored by the Property Sharer, as if the booking had been made directly with the Property Sharer.
Offered Rate & Static Rate Charts: Rate discounts are available for Saturday-to-Saturday stays. Nightly rates quoted on any third-party advertisement (or static rate chart) are intended to reflect an average of the base rent for periods of time described as a Seasons. When obtaining rates on any third-party website, the rate offered to you for any particular travel dates must always be dynamically calculated and can only be obtained by inputting specific "Arrival" and Departure" dates and waiting for the inquiry to produce a rate result which is the formally designated "Offered Rate." Inherent to the process of dynamically generating rates is the notion that the rate you are formally "Offered" is likely to be different from the rate displayed by any static rate chart. Only rates dynamically generated from specific travel dates shall be considered the formally offered rate which is the rate which you must pay in order to consummate a legal contract to rent the property. All static rate charts are inherently limited and may not include rate premiums for holidays, special events, or pricing variables including: #1) the current levels of vacancy for similar properties in the same geographical area #2) the number of nights of the prospective stay #3) the specific nights of the week being included in the rate quote #4) the number of nights until the projected stay arrival date #5) whether or not your prospective dates create calendar efficiencies or inefficiencies on the arrival or departure side of your projected stay #6) the number of persons in traveling group.
Rental Contract Rate (Base Rate): The Rental Contract Rate is based upon Standard Occupancy for the property as defined in this Agreement. The Recipient Renter is required to disclose all occupants of the subject property at the time that the Rental Contract is filled out and executed. Prior to the start date of the Rental Contract, the Recipient Renter will be required to confirm and amend the names of all persons that will be occupying the property. In all cases, if the number of confirmed occupants exceeds the Standard Occupancy limit for the property, an additional charge will be assessed equal to $5 per bedroom, per person, per night - for example: renting a 4 bedroom home will incur an additional occupancy charge of $20 per night extra for each person occupying the property in excess of the home's designated standard occupancy. The Contracted Recipient understands and accepts that this additional occupancy charge may be assessed against, and deducted from, the required Property Services Deposit.
Cancellation Policy: Any booking cancellation request made more than 30 days in advance the scheduled arrival date, will be subject to a booking cancellation fee equal to 50% of the amount paid. In all cases, all payments become fully non-refundable on the 30th day before the scheduled arrival date. All payments that become non-refundable, are fully non-refundable irrespective of the cause, or motivating factors, underlying the cancellation, including (but not limited to) cancellations due to early departures; no-shows for any reason; the illness, death, or incapacity, of any: 1) renter 2) authorized occupant 3) family member 4) corporate associate 5) friend 6) or, any other person; or, stays shortened or prevented due to inclement weather, or any other reason. Travel insurance can be purchased and is highly recommended. Please ask for further information or contact your preferred insurer.
Rental Start & End Times: Rental Contract occupancy periods start at 4:00 p.m (start time) on the inception date of the Rental Contract and the occupancy terminates at 10:00 a.m. (end time) on the Rental Contract termination date. Due to occupancy and maintenance requirements, exceptions to the start and end times are generally not possible. All requests for early start and/or late end times must be made in writing and written authorization must be obtained at least 24 hours in advance. In all instances, if an early start time or a late end time is authorized there will be a fee equal to a $200 fee which may be charged to the Recipient Renter's credit card or deducted from the Recipient Renter's Property Services Deposit. Recipients who do not obtain written authorization for a late end time and who are still occupying the property past the contractual end time will be considered to have breached this Rental Contract and will be subject to the charges associated with Breach of Contract as outlined in this Agreement.
Travel Date Change Requests: All requests for travel date changes are subject to availability and approval from the landlord. In the event that the requested new dates are determined to be available, and if the new dates are approved by the landlord, the renter will be charged for the rate difference between the old dates and the new dates requested, and an additional Change Request Fee equal to $100 or 10% of the total contract amount, whichever is higher.
Property Damage: The Recipient agrees to be responsible for any damage to the premises, excluding normal wear and tear. The Property Sharer will not be responsible for any damages to your personal property, or liable for any accident that may occur to you during your occupancy. Upon proper notification, the Property Sharer or an Agent representing the Property Sharer may enter the premises at a reasonable time for the purpose of making repairs, for routine maintenance, or for inspections related to the condition of the property or enforcement of the terms of this Agreement. Neither the Property Sharer or the Property Sharer's authorized agent are responsible for articles of personal property left on premises by the Recipient Renter or any occupant.
Property Services & Contract Compliance Deposit: All Recipient Renters are required to post a Property Services & Contract Compliance Deposit (hereinafter also known as "Property Services Deposit" or "PSD") equal to $250 plus $50 for each listed occupant. The required Property Services Deposit funds must be received into the landlord's account at least fourteen (14) calendar days before the Rental Contract start date. The Rental Contract is subject to cancellation for non-payment if the required Property Services Deposit is not paid in a timely manner. The required Property Services Deposit funds will be used to offset any property-related charges, or any other charges related in any way to the Rental Contract, or third-party vendor charges incurred during the Contracted Recipient's stay. The Property Sharer reserves the right to withhold access to the property until the required PSD funds are received, and the Recipient Renter understands and accepts that no refund of any rent paid or compensation of any type will be paid to the Recipient Renter if access to the property is withheld due to the Recipient Renter's non-compliance with any of the Property Services Deposit 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 the Rental Contract ID record, unless an alternative address is provided. Any net return of funds will be paid only after the cable/satellite television bill representing all dates of your occupancy period, and any associated pay-per-view charges have been identified and deducted from your Property Services Deposit funds.
Limit of Liability for Internet-Based Decision: The Property Sharer and the Sharer's agents expressly disavow liability for any discrepancy the Recipient Renter may believe exists between the Recipient Renter's subjective perception of the physical property which materializes after a personal inspection of the property occurred has occurred, and relative to the subjective interpretation of the property which was derived, in whole or in part, from viewing photos or reading or hearing descriptions of the property during the period before the Recipient had experienced the benefit of a personal, physical inspection of the property. All photos used to promote and market the property are taken without the use of any type of scope or scale-altering lenses and no attempt is made to digitally alter any marketing photo in any way. Some photographic scenes are staged in accord with the normal practices and customs of the architectural photography industry; however, in all other regards the property photos are unaltered visual representations of the scene being photographed.
Sight Unseen Decision: Recipient Renter acknowledges that the property selection process has not included a visual inspection of the property selected. The Recipient accepts that there are inherent limitations and risks associated with deciding to engage any kind of experience based exclusively, or primarily, on internet communications. Further, the decision to participate in any Sharing-Economy (shared asset) experience which involves benefits derived from real property which is "Sight-Unseen" always includes inherent risks deriving from the fact that the internet does not offer the same depth of understanding of physical property as would a personal, visual inspection. The Contracted Recipient(s) also acknowledge(s) 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. Further, no guarantees or warranties, either expressed or implied, have been made regarding any aspect of satisfaction with the property beyond those expressly made in these Terms, Conditions, & Restrictions.
Further, the Recipient understands and accepts full responsibility, and hereby agrees to hold the Property Sharer and the Sharer's agents harmless, in the event that, subsequent to the purchase decision, the Recipient determines or forms an opinion that a discrepancy has materialized between the perception the Recipient had when making the decision to rent, and any subsequent perception that resulted once a personal visual inspection of the property occurred. Every attempt is made to portray the property fairly and accurately but the Recipient understands and accepts that there are inherent limitations whenever a decision to rent a property is based on anything other than a personal, visual inspection. The Recipient Renter understands and accepts these limitations and restrictions and the recipient has decided to execute this Rental Contract fully aware of the aforementioned limitations, and acknowledges and accepts that neither the Property Sharer nor the Sharer's marketing agents or affiliates offer any type of assurance or guarantee of satisfaction.
Contracted Recipient Responsibility: The Recipient understands and accepts that it is the Recipient'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.
Property Sharer Duties: The Property Sharer hereby agrees to provide the selected property, or, subject to the terms of this Agreement, an alternative property for the dates and times designated on the contract confirmation rental record emailed to the Contracted Recipient, and listed on the Recipient Renter's online account. The Asset Sharer agrees to provide the Recipient with the full use of the real property asset, subject to the terms, limitations, and restrictions outlined in this Agreement. Nothing in this Agreement shall be perceived in a way that expands on the promises or obligations of the Property Sharer beyond those expressly stated in this Shared-Economy Rental Contract. The Property Sharer's duties are that of a landlord, and nothing in this Agreement shall be construed so as to obligate the Property Sharer to any kind of obligation or responsibility of an inn-keeper, hotel, or resort operator. The Recipient Renter hereby understands and accepts that the Property Sharer is not operating a hotel or resort and no type of accommodations-related customer service is offered or included in this Shared-Economic Rental Agreement. In the event that the Recipient Renter desires any type customer service during the term of the Rental Contract, the Recipient Renter understands and accepts that such services are only 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 Recipient Information Form may occupy the property. Prior to receiving access to the property, the Contracted Recipient, 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 card or passport. The second form of identification shall be the credit card used to pay for the Rental Contract charges, if a credit card was used. If a credit card was not used to pay the Rental Contract charges, any major credit card in the name of the person listed as the Contracted Recipient must be submitted. If the credit card used to pay the Rental Contract charges is not in the name of the Contracted Recipient , 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 Rental Charges, along with written, signed documentation fully authorizing the Rental Contract charges and stating that the person authorizing the charges has read and agrees to be bound to the term of the Rental 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 Contracted Recipient, 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 Contracted Recipient's understand, acknowledge, and accept that they are required to accurately disclose and properly configure bed arrangements for all persons occupying the property. Linens and towels will only be provided for the number of people disclosed and configured on the required bed configurator link. BEDS NOT DISCLOSED AS BEING USED WILL NOT BE MADE UP WITH SHEETS AND COVERINGS, AND PILLOWS WILL NOT BE PROVIDED.
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 7.
B) Maximum Single Occupancy is equal to 10, and 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 equal to 11, and 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 any 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 numbers, with the stated policy objective being that all persons have an established bed to sleep in.
After any booking is made, 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 maximum occupancy capacity. At the discretion of the Property Sharer, additional Identification verification(s) may be required of any adult persons occupying the property.
Assumption of Risks: The peer-to-peer basis upon which this Agreement is founded, includes a specific distinction between two general categories of risks herein designated as either an "Asset Risk" or a "Risk of Use" defined, described, and illustrated in this section for the purposes of creating an understanding between and amongst the Parties as to the nature, scope, and ramifications of the risks being borne by the respective Parties.
All risks associated with any aspect of this transaction shall be categorized generally according to the impact of the hazard or event that has been shown to have caused harm, loss, injury, death, discomfort, or other complaint of any description. The impact of any hazard or event shall be deemed as either an impact to the 1) physical asset, or, to the 2) occupancy; use; and, enjoyment of the physical asset, each of which are defined as follows:
Asset Risk is defined as exposure to the possibility that a hazard, event, or other occurrence may result in harm, or other negative consequence, to the entity in long-term control of, and financially responsible for, the subject property as a physical asset. All harms that derive from this category of risk shall be borne by the Property Sharer exclusively.
Risk of Use is defined as exposure to the possibility that a hazard, event, or other occurrence may result in harm, or other negative consequence, to a person's ability to occupy, use, or otherwise enjoy any aspect of the subject property, including any feature, system, or amenity of the property, or any aspect of a substitute property provided in accord with the terms of this Agreement. All harms that derive from this category of risk shall be borne by the Recipient Renter(s) exclusively.
The following narrative is intended to describe the legal Assumption of Risk provisions in this Sharing-Economy Agreement. This section of the Agreement is intended to help people understand the peer-to-peer basis upon which this Agreement is formulated, which is growing in popularity and attracting many new participants.
There are important differences between the offerings in this peer-to-peer Agreement, and the offerings of accommodations businesses described as hotels, motels, and resorts. Traditional accommodations businesses typically engage in customer-service related activities with paying "Guests" which are deemed and accepted as "Customers" of the "Company" most often described as hotels, motels, resorts, or other similar designations. Traditional accommodations businesses do not require their "guests" to execute a formal real estate Rental Contract, and neither the guest nor the company are typically contracted parties to any type of formal agreement.
In contrast, this "Sharing-Economy Agreement" is a formal real estate "Rental Contract" between "Contracted Parties" involving the specific terms, conditions, and restrictions explicitly described herein. In general terms, the Property-Sharer is agreeing to "share" the use of the subject property (the Asset) on a short-term basis, subject to the terms of this Agreement, and the offer to share the property is wholly contingent upon the Recipient Renter's acknowledgement and full acceptance that if any "Risk of Use" event occurs during the Recipient Renter's stay, the Recipient Renter will not be entitled to, and will not receive, any type of compensation, refund (partial or full), credit, or remediation payment of any type. For the purposes of this section, the Recipient Renter and the Property Sharer shall consider that the agreed-upon rent payment tendered is exclusively in exchange for the benefit of occupancy of the property, subject to these terms, conditions, and restrictions.
By way of example, and in order to more fully illustrate the legal and practical implications of the Assumption of Risks provisions outlined herein, the following examples are provided:
Broken Amenity:
The harms that accrue relative to the costs of repairing or replacing any broken amenity are "Asset Risks" and shall be borne by the Property Sharer, subject to the terms of this Agreement, the maintenance contract supporting the property, and the limitations of the maintenance vendors abilities which may prevent or impede a timely repair or replacement of the amenity.
The harms that accrue relative to the use or enjoyment of the broken amenity are "Risks of Use" and shall be borne by the Recipient Renter, subject to the terms of this Agreement.
Dissatisfaction with Property or Experience:
The harms that accrue as a result dissatisfaction with any aspect of the property or overall experience, are limited to acts which are determined by the Property Sharer to be the result of negligence on the part of the Property Sharer, which shall be borne by the Property Sharer.
Any harm that is determined to result from anything other than negligence shall be borne by the Recipient Renter(s).
Property Make-Ready Service Fees: Prior to your arrival, the property will be inspected to ensure that the property is ready for occupancy. Bed and bath linens and a starter supply of amenities are provided for all occupants properly disclosed on the Bed Configuration & Occupancy Data Form. After the Rental Contract terminates, the Contracted recipient is subject to being charged additional fees for any activity needed to make the property ready for a subsequent occupancy. These fees include any and all expenses associated with, and derived from, the renter's occupancy of the property. Some of the potential charges that may be assessed include, but are not limited to: property clean-up; painting, carpet cleaning; window cleaning; household repairs; furniture moving and restoration; smoke and/or other odor remediation; pool cover engagement; spa water drain and refill; trash and/or recycle materials hauling; electronic component settings remediation, and wiring reconfiguration; linen, towel, bedding, mattress, and mattress pad replacement and/or sterilization, garage door opener programming; signage and other property related communications replacement or reorientation; barbeque fuel usage, refills and replacements, and any other property related remediation activity performed after departure. The Contracted Recipient understands and accepts that any charges that derive from making the home ready for the next renters may be assessed against, and deducted from, the required Property Services Deposit.
Maintenance & Substitute Property:
Every effort is made to ensure that the property is in good working order by the Rental 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, which generally provides for on-call service for emergencies only. Emergencies are generally defined in the maintenance contract as "any matter which renders the home uninhabitable" or, a "matter or incident that is causing or is likely to cause damage to the property." Examples of matters which would likely be deemed an emergency are: 1) household security matters, including broken window glass, and broken or malfunctioning door locks; 2) flooding or other water -related issues 3) fire or smoke incidents or damage, and 4) electrical incidents which suspend the use of a major household system or appliances.
If the subject property becomes unavailable at any time, and for any reason beyond the reasonable control of the Property Sharer or Property Sharer's agent, another property of comparable size and amenities may be substituted and assigned to take the place of the original property, in which case the Contracted Recipient agrees to read the terms and conditions of occupancy of the alternative property owner or landlord in advance of occupying the alternative property, a copy of which will be posted to the Contracted Recipient's established online account. The Contracted recipient agrees to provide any objection(s) to the new terms of occupancy in advance of occupancy of the alternative property. The Contracted Recipient hereby agrees that circumstances of urgency, or other time constraints, may make explicit acceptance of the alternative property's terms and conditions in advance of occupancy impracticable, or significantly inconvenient to the interests of the Contracted Recipient. The Contracted Recipient understands and accepts that in all cases, when an alternative property is offered for occupancy, the terms and conditions of occupancy for the alternative property will be made available for review and acceptance online through the Contracted Recipient's previously established online account. Moreover, the Contracted Recipient understands and accepts that in the event that the alternative property is owned by a different entity than the original property , that the owner of the alternative property shall not be considered to have any responsibility for any matter or circumstance related to the original property in any respect. Further, the Contracted Recipient understands and accepts that the alternative property may only be occupied if the Contracted Recipient agrees to the alternative property's Terms and Conditions of Occupancy. In the event that circumstances of urgency, or other constraints, prevent the Contracted Recipient from explicitly accepting the alternative property's terms of occupancy in advance of occupying the property, the Contracted Recipient agrees that the act of occupying the alternative property for a period of time greater than two (2) hours will serve as tacit, full acceptance of the Terms and Conditions of Occupancy, a full copy of which will be posted to the Contracted Recipient's established online account.
Fee-Based Optional Services: The Property Sharer's agents or affiliates may offer additional services and or products to the Recipients which are optional and are exclusive of this agreement, except as described in this Agreement. Specifically, optional services which may be offered by the Property Sharer's agents or affiliates include (but may not be limited to) the following:
1) Trip Cancellation Protection: This service protects the accumulated payments the Recipient Renter has made in the event that the reservation is canceled as a result of the trip being cancelled for all Recipient Occupants registered on the required Recipient Occupancy form. In order for a claim to be deemed valid the contracted party must provide written notice AT LEAST 3 CALENDAR DAYS BEFORE THE START DATE OF THE RENTAL CONTRACT. The amount of all payments made will be refunded to the Contracted Recipient within 15 business days from the date that acceptable evidence is submitted documenting that the trip has in fact been 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 Rental Contract was cancelled. In most cases, it will be deemed sufficient to provide flight cancellation documentation for the occupants listed on the required Recipient 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 48 hours from the time of purchase. All refund requests must be emailed to [email protected] and include the Rental Record Contract ID and full name of the Contracted Recipient.
2) Worry-Free Program: Allows Recipients to select a different property to reside in 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 Rental Contracts of less than 15 nights duration are eligible for this optional service. The Recipient understands and accepts that this program is NOT intended to offer the Recipient any type of satisfaction guarantee. Nothing in this program shall have any impact on the strict understanding of the aforementioned paragraphs in this agreement regarding the "Site Unseen Purchase Decision" or the challenges which are inherent to purchase decisions made without the benefit of a personal visual inspection of any property.
3) Preferred Service: Renters who sign up for Preferred Service will be assigned a personal services representative to provide all registered occupants of the property, with a dedicated local assistant to help with all aspects of your stay including trip planning, concierge, and property related services help. Preferred Service also provides a supply of the following: 1) toiletries and perishables including hand soap, shampoo, conditioner, laundry detergent, fabric softener, dish soap, and dishwasher detergent 2) household supplies including toilet paper, paper towels, napkins, coffee filters, and trash bags 3) spices including salt, black pepper, oregano, basil, rosemary, cumin, celery salt, fennel, parsley, bay leaves, coriander, Italian spices, crushed mint, marjoram, pizza seasoning, and chives. 4) household cleaning supplies including glass, floor, and counter top cleaning products.
(*) Recipient Renters that do not sign up for Preferred Service receive a starter supply (2 uses) of toiletries and perishables (item #1 above) and household supplies (item #2 above).
Pool Cleaning: The pool is cleaned and chemically treated at least once per week on a regularly scheduled basis. Adverse weather conditions such as high winds and rain may cause the pool to become dirty at times between regularly scheduled cleanings. Pool cleaning equipment is provided for the Recipient's use during the term of the Recipient's stay. The Recipient understands and agrees to empty the leaf/debris basket and to skim the top of the pool for debris between the times when the pool is professionally serviced and cleaned. Additional pool cleaning service is available upon request for an additional charge. At any time, if it is determined that the Recipient Renter, or other occupant, has removed the pool cleaning vacuum equipment, tampered with the pool equipment, or neglected to care for the pool as instructed, the Recipient Renter will be required to pay any and all associated actual and consequential damages that may result.. The damages will be charged to the Recipient's Property Services Deposit account or credit card, and the Recipient Renter agrees to immediately pay the balance due if the Recipient Renter's account is insufficient to pay the associated charges.
Pool Heating: 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:
* The daily charge to heat the swimming pool is $60.
* The daily charge to heat a spa that is in-ground with the plumbing supply incorporated into the swimming pool is $30 in all cases.
* The daily charge to heat a portable spa that sits above-ground is $20.
If pool heat is purchased, the thermostat will be set to 82 degrees. The Contracted Recipient understands and accepts that that the pool heater may not successfully raise the temperature to 82 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 82 degrees, does not in any way a guarantee that the water will be heated to a temperature of 82 degrees or to any minimum temperature. The payment of $60 per day is the cost to turn the pool heater "ON" from the default position of "OFF" and locked. Further, the Recipient understands and accepts that the $60 per day charge is exclusively to compensate the Property Sharer for the additional expense associated with having the pool heater "ON" and operating.
Spa Use and Cleaning: Spa use is optional and subject to limitations, restrictions, and potential fees and charges as outlined in this paragraph; other sections of this Agreement; the home's property manual; and, signage located at the property. Spa use is potentially dangerous if used incorrectly. Spa use is physically dangerous and is not allowed for anyone while intoxicated or otherwise impaired. We recommend all spa users to bath or shower prior to using the spa, so as to mitigate adverse water quality degradation. The Recipient Renter's account will be charged in the event that the spa water is found to be degraded to the extent that the water must be drained and refilled. In all cases the minimum charge to drain, sanitize, and refill the spa will be $120. The actual charge may be higher in circumstances which result in higher actual charges being incurred. The Contracted Recipient understands and accepts that any charge that derives from having to drain and refill the spa may be assessed against, and deducted from, the required Property Services Deposit.
Gas BBQ Usage: A charge of $50 will be assessed to the Recipient's account for fuel usage and cleaning for the use of the BBQ grill. The charge to clean the BBQ is $35. The fuel usage charge is $15. Recipients that do not use the BBQ grill will not be charged the fuel, cleaning, and usage fee. Please refer to the home's property manual for further information.
* Propane BBQ's ONLY: Recipients may avoid the propane fuel usage charge if they thoroughly clean the BBQ grill and refill the propane tank before departure. Recipients are required to follow the instructions outlined in the property manual and must send an email notification documenting that the BBQ has been cleaned and the fuel tank has been re-filled by the Recipient prior to departure. If the Recipient uses the entire contents of the tank provided, there are nearby locations for tank exchange. Reserve Propane tanks are available at the home. Reserve tanks are $50 and the charge is automatically billed to the Recipient's Property Services account.
* Gas Fire Pit Usage: Optional outdoor fire pits usage incurs a fuel usage fee of $50 per week. If applicable, fire pit usage is only available from October 1st until April 1st each calendar year. Additional charges will be assessed if it is determined that the fire pit is not turned off when not in use.
Parking: No more than 3 vehicles are allowed to be parked on the premises at any time. All vehicles must be parked in the home's garage whenever possible. On-street parking is monitored by the Homeowner's Association (HOA) and is strictly prohibited. Authorization to park more than 3 vehicles on the premises must be obtained in advance. No vehicle longer than 18 feet is allowed on the premises under any circumstances. RV's, buses, boats, trailers, or passenger vans which hold more than 8 people are strictly prohibited. Violations of the parking rules subjects the Recipient's account to fines, and the automobiles are subject to immobilization device attachment and towing. An automatic charge against the Recipient's account for Breach of Contract will be assessed if it is determined that any violation of the parking policy and limitations described in this paragraph has occurred. The Contracted Recipient understands and accepts that this additional charge may be assessed against, and deducted from, the required Property Services Deposit.
Pets: Pets are not permitted without prior written approval of the Property Sharer. An automatic charge against the Recipient's account for Breach of Contract will be assessed if it is determined that a pet was on the property without prior, written authorization. The Contracted Recipient understands and accepts that this additional charge may be assessed against, and deducted from, the required Property Services Deposit.
Smoking: Smoking is strictly prohibited inside the home. Smoking is only allowed outside on the patios and yards. An automatic charge against the Recipient's account for Breach of Contract will be assessed if it is determined that anyone smoked inside the home. The Property Sharer and/or the Property Sharer's agent will have the final determining authority with respect to all aspects of this provision of the agreement. The Contracted Recipient understands and accepts that this additional charge may be assessed against, and deducted from, the required Property Services Deposit.
Home Security: It is the responsibility of every Recipient to securely lock the premises when they are not at the home. This requirement includes all of the home's doors (including the garage door) and windows and this requirement shall also apply to the Rental Contract termination end time.
Departure Form Addendum: The Contracted Recipient understands, acknowledges, and hereby agrees to be bound by all provisions of the Property Departure Form which serves a legal Addendum to the Rental Contract labeled as "Addendum 1A" between you and the Landlord. Moreover, you agree to fully and accurately complete the required action items and to provide all information requested on the Departure Form to the best of your ability and the information available to you at the time of time of your departure from the property. A partial listing of the required action items incorporated into the Departure Form Addendum includes, but is not limited to, activities related to the laundering of linens and towels, the loading of the property dishwashing machine, return of the home's garage remotes, and numerous other activities related to preparing the home for the Landlord to take possession in the aftermath of your stay. You may request a copy of the Property Departure Form from the Landlord directly, or you may access the Form online at www.rentalmanager.com/nec_departureform. Failure to comply with any aspect of this paragraph of the Rental Contract constitutes a Breach of your contractual obligations which may result in the total or partial loss of your Property Services and Contract Compliance Deposit. All decisions related to charges against your Property Services and Contract Compliance Deposit are the sole and exclusive discretion of the Landlord.
Quiet Hours: Between the hours of 9 p.m. and 8 a.m. Quiet Hours are strictly enforced. Recipients must be respectful of the neighbors and must not disturb the peaceful enjoyment of their homes. Any occupant or Recipient violating this provision will be asked to leave immediately. If the Recipient's occupancy is terminated due to any violation this quiet hours provision, the Contracted Recipient understands and accepts that no compensation, reimbursement or refund will be made and the Contracted Recipient's account will be charged as outlined in the home's property manual and and Quiet Hours signage posted at the property.
Behavior, Civility, and Decorum: The Recipient agrees to be responsible for the actions of themselves, other Recipients, authorized occupants, and guests of any Recipient or other occupant. The Recipient agrees to act with decorum and civility at all times, and to be responsible for the actions of the Recipient's guests and other occupants with respect to this requirement. The Recipient understands and accepts that the Property Sharer retains sole discretion and may terminate the Recipient's occupancy of the home if the Property Sharer or the Property Sharer's authorized agent determines that either the Recipient or any member of the Recipient's group has acted inappropriately. The Recipient Renter understands and accepts that the basis upon which this transaction is formed is that of the Sharing-Economy. As such, the Property Sharer retains absolute discretion, and may unilaterally rescind the offer to share the property if the Recipient Renter, or any member of the Recipient Renter's group acts in a way which is not at a standard deemed by the Property Sharer to be of the absolute highest degree of Civility and Decorum at all times during the rental process. The requirement for absolute Civility and Decorum includes all manner of communications and interpersonal interactions related in any way to this Agreement or the rental process in general. Specifically, the Recipient Renter understands that the Property Sharer is agreeing to "SHARE" the property with the Recipient Renter, but the decision to "SHARE" the property with the Recipient Renter is fully contingent upon the nature of the transaction remaining civil, and fully absent any type of behavior which the Property Sharer deems uncivil, offensive, or unacceptable. The Property Sharer retains the right to rescind this Agreement, and cancel any and all obligations to make the property available for "SHARING" if the Recipient Renter, or any occupant acts in such a way that the Property Sharer deems inappropriate. The decision to rescind the offer to SHARE the property shall be at all times the sole and exclusive decision and discretion of the Property Sharer, or the Property Sharer's agent. In the event that the Recipient's occupancy is cancelled or terminated due to behavior deemed inappropriate, the Recipient understands and accepts that no compensation, reimbursement, or refund will be made to the Recipient. 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 Recipient's group is at the home; occupancy of the property by persons not disclosed on the Rental Contract; excessive occupancy; violent, aggressive, rude, threatening, offensive, or confrontational behavior, conversation, or email communication. An automatic charge against the Recipient's account for Breach of Contract may be assessed if it is determined that any violation of this provision has occurred.
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. An automatic charge against the Recipient's account for Breach of Contract will be assessed if it is determined that any household system, component, or fixture was tampered with in any unauthorized manner.
Home Access: In all cases, the Recipient understands and accepts that if the property is listed for sale during the Recipient's term of occupancy, the Recipient agrees to allow the property to be shown with a 24-hour advance notice.
Toilet Blockages: All toilets are checked to ensure proper functioning prior to check-in. Blockages can occur if too much toilet paper, tampons, or sanitary napkins are put into the toilets. If a service call is required to clear a toilet blockage, Recipient Renters will be charged the costs associated with clearing the toilet blockage. The minimum standard service call fee is $75.00 for toilet blockages. The minimum service call on weekends and holidays is $150. The Contracted Recipient understands and accepts that any charges incurred as a result of toilet blockages may be assessed against, and deducted from, the required Property Services Deposit.
Telephone: Use of a landline telephone is NOT guaranteed to be available for the Recipient's use. In instances where a telephone is available, use of the telephone will be limited to local calls. Long distance calls must be charged to a phone card or credit card, and any unauthorized telephone charges will be charged to the Recipient Renter's account. The Contracted Recipient understands and accepts that any telephone charges incurred may be assessed against, and deducted from, the required Property Services Deposit.
Winter Grass: All homes with grass must undergo a period of overseeding with winter grass. The over-seeding always occurs in late September or October and involves workers being in the yard and engaging in an extended period of work that can take as long as 4 hours. The work entails removal (scalping) of the summer grass and the planting of winter (rye) seed. The winter seed must be covered and fertilized in order for the germination process to occur. The fertilizer is a natural animal byproduct which some people find offensive. The overseeding schedule is published each year by September 15th. Please inquire to obtain the overseeding schedule for the time frame associated with the home. Recipient Renter acceptance of these terms and conditions entails that the Recipient has read, understands, and accepts that over-seeding may occur during the month of September or October and that if a Recipient executes a Rental Contract for an arrival during September or October, that over seeding may occur while the Recipient is occupying the property.
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 Property Sharer.
Breach of Contract: Except as specifically stated in the Agreement, if the Property Sharer determines that the Recipient Renter or Occupant has acted in a way that violates the terms or conditions of this Agreement, the Contracted Recipient's account will be assessed in an amount equal to, and deducted from, the Property Services Deposit. The assessment against the Property Services Deposit will not serve to limit the collection of additional funds in the event that the actual damages incurred are in excess of the dollar amount assessed against the Recipient Renter's account.
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 Rental Contract. The Recipient Renter agrees not to attempt to abrogate, alter, amend, or otherwise gain any kind of financial advantage which is not specifically contained in this Rental Contract, except as allowed and provided for in relevant credit cardholder rights' agreements and consumer protection statutes. The Recipient understands and accepts that the Property Sharer and/or the Sharer's agent have the right to pursue any balances owed by the Contracted Recipient by employing or engaging internal and external collection agencies and court processes. Moreover, the Recipient has been advised that failure to pay any financial obligation contained in this Rental Contract may result in a negative impact to the Contracted Recipient's credit report and reputation.
Timely Disputes; Compensation; and Refund Requests: All requests for any refund of Rent money paid, or other ancillary charges, which derive from any type of complaint with the property or related services, must be registered with the Property Sharer or the Sharer's accounting agent at the time that the issue giving rise to the complaint is first experienced. Moreover, all requests for compensation or any type of refund must include physical evidence in support of the request and underlying claims, and a specific dollar amount in order to be considered valid. If photos are presented as the physical evidence in support of any claim for compensation, the photos must be digitally time and date stamped in order to be considered as valid support. Programs and applications are readily available on the internet to digitally time and date stamp photos. The Contracted Recipient understands and accepts that no compensation will be paid to the Contracted Recipient, and no money already paid by the Contracted Recipient will be refunded, unless the problem or complaint that is underlying the request is made in accord with the requirements outlined in this section of the Agreement. For the purposes of this section of the Contract, no request will be deemed to have been filed in a timely manner unless the complaint is registered in writing within 24- hours of the Recipient having become aware of the problem or complaint. Nothing in this paragraph of the Rental Contract shall in any way expand the obligations of the Property Sharer, which are strictly limited to habitability of the property during the term of the Rental Contract.
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 Help 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 Recipient Renter contact information to any unaffiliated entity. By accepting these terms and conditions the Recipient agrees not to discuss or disclose the occupancy of the subject property with any entity not bound by the terms of this agreement without the expressed written authorization of the Property Sharer, or the Property Sharer's authorized agents representing the Property Sharer. This part of the agreement includes discussions or disclosures (in any form) of the terms of occupancy; the conditions of occupancy; or, the Recipient's satisfaction with the terms and/or conditions of occupancy with private or government organizations, publications on websites, companies, or any persons or entity not bound by the terms of this agreement. Additionally, the Recipient agrees to be bound in all respects by actions of the Recipient's guests and all of the authorized occupants of the property. In the event that any guest or occupant breaches any aspect of this Privacy Provision, the Recipient agrees to accept full responsibility for the breach as if they themselves had acted to have caused the Breach of Contract. Additionally, any violation of this provision of the agreement will result in an immediate charge to the Recipient's account in the amount of $500. These charges will in no way serve to limit the damages sought in the event that legal redress is pursued to enforce this part of the Agreement. Further, Any and all charges that result to the Recipient's account that results from a violation of this provision will in no way serve to limit the monetary damages if legal avenues are pursued to enforce this provision.
Liquidated Damages: With specific respect to the Privacy and Confidentiality section of this Agreement, the Property Sharer and the Contracted Recipient hereby agree that it will likely prove to be difficult, or perhaps impossible, to specifically and accurately determine the actual damages and monetary harms caused should either of the Parties breach the Privacy and Confidentiality provisions outlined in this Agreement. As such, and understanding that the Property Sharer and the Contracted Recipient both have the right to negotiate in this Agreement, protections and certainty regarding their respective reputations, it is hereby agreed that any unauthorized disclosure(s) which violate the Privacy and Confidentiality clause of this Agreement, shall result in an award or judgement in the amount of $50,000, and any Judgement or Award so obtained shall be entered in the county of the award, as well as any other geographic area which the aggrieved Party deems appropriate in pursuit of the collection of the monetary Judgement or Award.
Dispute Resolution: If a dispute arises from or relates to this contract or the breach thereof, or any aspect of the related stay, the Parties agree to first engage good faith efforts to resolve the dispute informally through direct discussions and/or any other type of communication(s) which the Parties may deem appropriate. If the Parties are not able to resolve the dispute informally, the Parties agree to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. Any 34 A PRACTICAL GUIDE American Arbitration Association unresolved controversy or claim arising from or relating to this contract or breach thereof shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If all Parties to the dispute agree, a mediator involved in the Parties' mediation may be asked to serve as the arbitrator.
Each party shall submit to the arbitrator and exchange with each other in advance of the hearing their last, best offers. The arbitrator shall be limited to awarding only one or the other of the two figures submitted. Consistent with the expedited nature of arbitration, each party will, upon the written request of the other party, promptly provide the other with copies of documents on which the producing party may rely in support of or in opposition to any claim or defense. Each party shall bear its own costs and expenses and an equal share of the fees associated with mediation and arbitration including all administrative fees. The award of the arbitrators shall be accompanied by a reasoned opinion as well as a breakdown as to specific claims. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Choice of Law: This Sharing-Economy agreement shall be governed by the laws of the state of Arizona. The Recipient Renter and the Property Sharer 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 Property Sharer mailing addresses for notifications is listed below:
Attention: Shared Economy Solutions, LLC
Address: 21001 N. Tatum Blvd. Ste. 1630-917
Phoenix, AZ 85050
Hold Harmless: Recipient Renter agrees to indemnify and hold the Property Sharer, and all affiliated agent's harmless from any liability for personal injury, property damage, or loss or theft of personal property sustained by Property Sharer or parties invited onto the property by Recipient Renter.
Collection & Attorney Fees: In the event of any action arising out of or relating to this agreement, the Party in violation of provisions which give rise to the action, shall be obligated to pay all of the collection and legal costs that derive from the actions taken to enforce the provisions outlined in this Agreement.
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: Recipient Renter 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 Property Sharer. The Property Sharer retains the right to assign his or her rights under this agreement to a third party without further notice.
Limit of Liability: In no instance or circumstance will the Property Sharer, agent, or affiliated representative be liable for more than the total amount of rent paid by the Recipient.
Entire Agreement: These terms, conditions, restrictions, and limitations represent the entire Agreement between the parties. No verbal representations or promises made by anyone are enforceable in any respect, unless the changes are expressly agreed to by the Parties, and incorporated into this Agreement and specifically referenced as 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 reading this document, or of using any of the language of this document for any purpose not intended by the author, without the explicit permission of the author which shall not be unreasonably withheld. To obtain permission to use any of the language of this Agreement email your request to: [email protected]
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Administrative Use Only - Update Code: 05s-es11-hefhdfpseizok-017tnp