Contrato de alquiler vacacional

Vacation Rental Agreement

Welcome and thank you for booking your vacation rental at Cabin on Bear Creek.

Please be sure to read this rental agreement (the “Agreement”) in its entirety. If you are booking your Vacation Rental through a website or reservation service provider (e.g., AirBNB, VRBO, Lodgify, etc.), your reservation may also be subject to that website’s terms and conditions. Among others, this Agreement contains the following important terms:

Any payments you make are non-refundable. Please read the cancellation policy carefully before booking and consider purchasing travel insurance (Section 2).
Depending on certain circumstances and at your Host’s sole discretion and goodwill, Host may issue you a future travel credit for use at your Host’s Vacation Rental as your sole and exclusive remedy (which are subject to certain restrictions set forth at issuance including that travel credits are non-transferable and must be used 2 years from issuance).
You are releasing Host from certain types of liability and agreeing to assume certain risks on behalf of yourself and each individual present during the stay (Sections 12 & 13); you are aware that traveling may increase your risk of contracting COVID-19.
This Agreement requires claims to be resolved through Arbitration (Section 17).
This Agreement contains a Jury Trial wavier and a Class action waiver (Section 19).

By completing your reservation, you are acknowledging and agreeing to each term included in this Rental Agreement, which specifically includes each of the above-described terms and conditions, as well as any applicable rules, policies, terms or conditions specific to your selected property:

BOOKING TRANSACTION. This Agreement is between the owner (“Host”) of the Vacation Rental and the individual completing this booking transaction for the Vacation Rental (“you” or “Guest”). Host provides the Vacation Rental subject to the terms of this Agreement. You agree that you will be present at the Vacation Rental for the entire duration of the reservation and that you will be responsible for the actions and behavior of each individual present at the Vacation Rental during your stay. This includes ensuring everyone in your party or otherwise present at the Vacation Rental (each an “occupant”) is aware of and in compliance with the terms identified in this Agreement and its Exhibits. If you are bringing a minor as an occupant, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of your stay and agree to the terms of this Agreement on each minor’s behalf.
PAYMENT TERMS & CANCELLATION. The total amount due, including the base rates, taxes, and fees are displayed on the checkout webpage for the Vacation Rental. A portion of your total payment may be due upon checkout, as indicated by the reservation processing service. The balance is due prior to arrival within the schedule indicated by the reservation service provider. Please review these amounts carefully. You may cancel your booking at any time, however, all amounts that have been paid prior to your cancellation will be non-refundable unless specifically indicated by the reservation service provider. Please review the specific cancellation and refund terms in the listing you are reserving prior to checkout as exceptions will not be made once your reservation is confirmed.
HOUSE RULES & POLICIES. The Vacation Rental has specific rules and policies regarding pets, smoking/vaping, quiet hours, parking, pool and/or hot tub usage, and other local, HOA, or property regulations. These rules are detailed in the description section of the Vacation Rental listing, in an Exhibit A attached hereto, or as otherwise delivered to you, and are incorporated into this Agreement. Please review these terms carefully, as violation(s) may result in additional fees, loss of security deposit, and/or the immediate removal of you and other members of your party from the Vacation Rental without refund. Further, violation of any law or ordinance by any individual at the Vacation Rental during your reservation will result in the immediate removal of you and other members of your party from the Vacation Rental without refund.
ARRIVAL DETAILS & CHECK-IN/CHECK-OUT. Once your booking has been paid in full, you will receive contact information for the primary contact for your stay (your “Guest Contact”). Check-in and check-out times will be communicated to you prior to your arrival and set forth in the description of the Vacation Rental. Please confirm your expected arrival time with your Guest Contact. If you or any member of your group fails to vacate the Vacation Rental at the designated check-out time (11:00 AM local time), you grant the Host the right to charge the credit card number used to book the Vacation Rental for an additional night at twice the normal price, except in the case of holidays in which case the rate will be four times the normal price.Further, the Host or the Guest Contact may initiate any and all proceedings necessary to remove you, your occupants, or your belongings from the Vacation Rental.
DAMAGE. A security deposit will the pre-authorized against the booking credit card in advance of the check-in date.Any damage to the Vacation Rental must be reported to the Guest Contact before check-out. You agree damage not covered by, or exceeding the limit of, the security deposit is your full responsibility. This may include damage or loss occurring during your stay, violations of house rules or policies, additional cleaning fees, and/or any fines or other costs incurred by the behavior of you or any other occupant during your stay in violation of laws or other regulations. You grant the Host the right to charge the credit card number used to book the Vacation Rental for any such damages, including, but not limited to, additional cleaning fees. To ensure that the proper party is held responsible, please notify your Guest Contact of any damage found at check-in.The security deposit less any damages, losses, fees, or other deductions mentioned within the Agreement will be refunded to the credit card no later than one week after check-out date.
FEES & ADDITIONAL SERVICES. All mandatory and optional booking-related fees will be disclosed in the Vacation Rental listing. If you fail to select any option(s) that incur additional fees applicable to your stay (e.g., pet fees, pool heating fees, etc.) and it is later discovered that you should have paid for such option(s), you grant the Host the right to charge the credit card number used to book the Vacation Rental for the associated additional fees.
MAXIMUM OCCUPANCY.

a)The maximum number of people that may occupy the Vacation Rental is nine (9) people.For clarification, this number applies to all overnight guests, day visitors and children. Occupancy over the indicated capacity may result in the immediate removal of you and other members of your party from the Vacation Rental and forfeiture of all amounts paid.
b)The maximum number of vehicles that may be present at the Vacation Rental is three (3) vehicles.Two (2) must be located under the attached carport and a third may be parked alongside the northern fence line (near telephone pole).Blocking the neighbor’s driveway access is prohibited and may result in the vehicle(s) being towed exclusively at Guest’s expense.
c)Parties and large gatherings are not permitted at the Vacation Rental under any circumstances. Conduct of unauthorized parties or gatherings may result in your removal from the property without refund and the Host may contact local law enforcement when appropriate. You agree to respect the Vacation Rental, neighbors, the surrounding community and to follow all applicable laws, regulations, ordinances and rules, including noise ordinances. You agree to conduct yourself in a manner that does not disrupt neighbors or community members.

CONDITION OF THE PROPERTY. Your Host cares very much about their Vacation Rental and strives to keep it in excellent shape. If you notice any problems, hazardous conditions, housekeeping issues, or maintenance issues, please notify your Guest Contact immediately. If the Vacation Rental is not in the condition represented in the rental listing, the Host may, in its sole discretion, offer an appeasement; provided, however, that in no event will such an appeasement exceed the amount you paid for the reservation. You hereby acknowledge that the Vacation Rental has access to public spaces (e.g., the river), and the repair and maintenance of such spaces is not within Host’s responsibility or control.
HOST ACCESS. You agree to allow your Host, Guest Contact, and/or their agents reasonable access to the Vacation Rental during your stay if requested. Such access may be necessary to resolve maintenance related issues you report. In the event of an emergency, the Vacation Rental may be accessed without prior notice or permission.
CLEANLINESS. You are expected to treat the Vacation Rental with respect, keeping in mind that this is an individual’s home, not a hotel room. You are expected to leave the Vacation Rental in a clean, neat, and orderly condition and respect the Host’s requests regarding check-out procedures.
CANCELLATIONS/UNFORESEEN CIRCUMSTANCES.

a) UNFORESEEN CIRCUMSTANCES/FORCE MAJEURE. All funds paid to Host are non-refundable unless stated otherwise (Section 2) and no refunds will be due in the event your stay at the Vacation Rental becomes impossible for a reason outside Host’s control, including natural disasters, fire, epidemic, pandemic, federal, state, or local quarantine, civil commotion, changes in laws or regulations, evacuation orders, or other acts of government agencies. However, in such circumstances, Host may choose, in its sole discretion and as your sole remedy, to issue a travel credit of the amounts paid to Host as an act of goodwill. Any travel credits issued by Host will be subject to the terms set forth at issuance, including terms regarding expiration date and non-transferability. For purposes of clarification, inclement, unfavorable, or even severe weather is not considered a force majeure event under this provision and no refund or credit is due (or will be made) to you.

b) CANCELLATIONS BY HOST. In the event Host cancels your booking for reasons other than those described in the Force Majeure section above (e.g., extended repairs, disruption of critical services), you will be notified as quickly as possible. In such cases, Host will refund 100% of any amounts paid. Host highly recommends that you purchase Travel Insurance to protect against certain types of cancellations, among other risks. Other than providing a refund in its sole discretion, Host is not responsible or liable for cancellations or any costs associated with cancellations.

INDEMNITY & HOLD HARMLESS.You agree to indemnify and hold harmless your Host for any liabilities, claims, damages, injuries, costs or expenses whatsoever arising from or related to your use and/or occupancy of the Vacation Rental, including, but not limited to, any claim or liability for personal injury, damage, or loss of any kind resulting from your actions or omissions, and the actions or omissions of other occupants, during or relating to your stay.
ASSUMPTION OF RISK. You and anyone using the Vacation Rental during your stay accepts and assumes all risks involved in or related to the use of the Vacation Rental and surrounding property, hot tub, or any other body of water (including but not limited to a lake, an ocean, or a river at or adjacent to the Vacation Rental), any water-related activities, features on the property, activities participated in during your stay on or off the property, amenities provided at the property, or third-party transportation vendors, as applicable, whether or not disclosed in the listing. You understand that travelling and staying in a vacation rental property may increase the likelihood of contracting an infectious disease, such as COVID-19, and you voluntarily assume that risk. You further accept and assume all risks involved in or related to any recreational equipment of any kind, including but not limited to beach or pool equipment, golf cart, bicycles, docks, boats, paddleboards or other floating devices, game or sports equipment, as applicable. You are responsible for determining your fitness for participating in any features or activities during your stay and your ability to fully understand and comply with any directions, warnings, laws, or regulations presented. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF THE ABOVE-DESCRIBED ACTIVITIES, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN ANY SUCH ACTIVITIES.
HANDICAP ACCESSIBILITY/ADA.Guest understands and acknowledgers that the Vacation Rental is not handicap accessible nor in compliance with the ADA.
LEAD-BASED PAINT.Given the age of the Vacation Rental, the Host can make no warranties about the presence or absence of lead-based paint.EPA document EPA-747-K-12-001 is provided as Exhibit B for your reference.
ATTORNEY’S FEES & COSTS.If your Host employs the services of an attorney or attorneys to enforce any terms or conditions of this Agreement, you shall be liable to your Host, as applicable, for reasonable attorney’s fees and costs incurred.
FALSIFIED BOOKINGS.If your booking was made under false pretense, including, but not limited to, a falsified name, age, or size of party, you will be subject to immediate cancellation of your reservation, removal from the property, and forfeiture of all amounts paid.
LIMITED SHORT-TERM RENTAL. It is expressly understood and agreed that this is a short-term, transient vacation rental and is not a lease or other long-term residential tenancy agreement, and that the Vacation Rental is not intended to be utilized as a primary residence. This Agreement is only for the licensed use of the Vacation Rental for the stated reservation dates. It creates no property rights in you and no rights to renewal or for recurring usage. If you hold over after the expiration of your reservation dates, your extended stay, if authorized, will be from day-to-day only and will not constitute a renewal or an extension for any further term. In such case, you will be liable for paying for the additional day(s) at a rate equal to two (2) times the nightly rate set for the property on the dates of your holdover, plus the actual costs of re-accommodating future tenants that were scheduled to use the Vacation Rental during such dates. You may not sublet the Vacation Rental or any part of it and shall not assign any interest (in whole or in part) to this Agreement or any rights hereunder.
ARBITRATION & ARBITRATION AWARD. If you have a dispute that arises from or relates to this Agreement or the Vacation Rental, and if the dispute cannot be settled through direct discussions, you agree to submit all unresolved disputes, controversies or claims to binding arbitration in New Mexico administrated by the American Arbitration Association in accordance with its Commercial Arbitration Rules, to be conducted in a location of the Host’s choosing with New Mexico or virtually, if consented to by all parties. ANY AWARD OF THE ARBITRATOR AGAINST HOST CANNOT EXCEED THE TOTAL AMOUNT PAID FOR THE GUEST’S BOOKING AT ISSUE. YOU EXPRESSLY WAIVE ALL CLAIMS IN EXCESS OF, AND AGREE THAT YOUR RECOVERY SHALL NOT EXCEED, THIS AMOUNT. Any such award shall be in satisfaction of all claims by you against the Host. Judgment on any award rendered in such arbitration can be entered in and enforced by any court having jurisdiction.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL YOUR HOST OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND/OR OWNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR STAY AT THE VACATION RENTAL. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, EVEN IF HOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
CLASS ACTION & JURY TRIAL WAIVER. ANY AND ALL PROCEEDINGS TO RESOLVE CLAIMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, THE PARTIES EACH WAIVE ANY RIGHT TO A JURY TRIAL.
JURISDICTION & VENUE. This Agreement is made in, and shall be governed solely by the laws of, the State of New Mexico without regard to conflict of laws principles. If for any reason a claim proceeds in court rather than arbitration, such action may only be brought in the state or federal courts in Roswell, New Mexico, and each party hereby submits to the exclusive jurisdiction of those courts for the purposes of any such proceeding.
GENERAL TERMS. If any section, clause, paragraph, or term of the Rental Agreement is held or determined to be void, invalid, or unenforceable for any reason, all other terms, clauses, or paragraphs herein shall be severed and remain in force and effect. This Agreement shall be binding on and inure to the benefit of the parties hereto and on each of their heirs, executors, administrators, successors, and assignees. This Agreement or any rights hereunder may not be assigned (in whole or in part) by you. This Agreement is taken in full compliance with federal, state, and local Fair Housing Laws, without regard to race, color, religion, sex, country of origin, handicap, or familial status. This Agreement becomes binding upon receipt of your initial payment. Sending payment constitutes your acceptance and agreement to these terms, conditions, limitations, and restrictions.

Exhibit A - House Rules

Guest Contact	Cody and Sherrie Vogler Mobile/Text: 432-363-4785 E-mail: 110bearcreek@gmail.com For medical, fire, or criminal emergencies, please contact 911 immediately. The 911 location address is 110 Bear Creek Trail, Ruidoso, NM.
Check-Out Procedure	Check-out time is 11:00 AM local time. This is a firm deadline to allow the cleaning team adequate time to prepare for the next Guest. There are no exceptions unless you have received specific written approval from the Guest Contact before your Arrival Date. A $25 penalty will be assessed for every 15 minutes the Guest remains in the Vacation Rental beyond the check-out time to compensate the cleaning crew for “rush” services. The following must be completed prior to check-out: Collect and dispose of all trash (see Trash and Refuse Disposal). Wash all dishes.Hand-washed dishes should be towel-dried and returned to the proper location.Machine-washed dishes can be left in the dishwasher. Place dirty towels and rags on the bathroom floor. Leave used beds unmade. Remove any grounds, filters, and/or pods from coffee makers. Remove any food and drinks from the refrigerator and freezer. Return all television remotes to bedside tables. Log-out of any personal streaming services (e.g., Netflix, Amazon Prime); do NOT log out of Hulu, Disney+, or ESPN+. Return grills and outside plastic chairs to proper locations. Confirm no personal belongings remain. Confirm fireplaces are turned off (Bedroom 1) or all airflows are shut (living room) Turn off all interior lights and backyard/porch decorative lights. Lock and secure all doors and windows.Lock front entry upon exiting. Have a safe trip home.
Compliance	Breach of any of these House Rules is a breach of the Terms and Conditions of occupancy as per the Vacation Rental Agreement. The Host reserves the right to terminate permission to occupy and to evict from the Vacation Rental, any Guests or Visitors who refuse to follow these House Rule or who cause a nuisance to neighbors or other residents. An eviction will result in the loss of all money paid and security deposits. The Host reserves the right to use video surveillance to ensure compliance with House Rules.
Damages and Breakages	All Damages and Breakages must be reported to the Guest Contact as soon as reasonably practicable. Failure to report them will likely result in a penalty deduction from the security deposit. To avoid Damages and Breakages, no furniture (excluding the outdoor plastic chairs) is to be re-arranged or moved from one room to another without prior agreement. Towels may be used for the hot tub, but they are not be used in or near the river.
Fireplaces	Fireplaces are available for the Guest’s enjoyment, but the Guest acknowledges the inherent risks of operation. Instructions for the living room fireplace are provided on the mantel. Only natural wood can be used; artificial logs (e.g., Duralogs) will damage the unit and can result in loss of Security Deposit. There is an abundance of supplied firewood. The fireplace in Bedroom 1 is fueled by natural gas. To turn on, gently turn the knob on, step back, and wait for the pilot light to ignite the gas flow. Once lit, use the knob to adjust the gas flow and heat.
Grills	Two grills are provided for Guest use. The Host provides propane for the gas grill and attempts to ensure it has sufficient fuel levels for “normal” use. If the propane should run out, please notify the Guest Contact and arrangements will be made to swap the propane canister. Move the grill away from the porch before turning on the propane tank and lighting. Once finished, turn off the propane tank and clean the grill and any grease or food droppings from the deck. The pellet grill is also available, but Guest must provide their own pellets (available from Village Ace Hardware at the intersection of Mechem and Sudderth). Before using the grill, move it to an open area on the deck, remove the cover, and ensure the grease bucket is in place. To use the grill, open the lid, turn the dial to “Smoke”, and press the “On” button. Once the grill begins to smoke, you can close the lid and turn the dial to the desired temperature. Once finished, please clean the grill and any grease or food droppings from the deck and empty the grease bucket. Once cooled, return the cover and carefully place the grill under the carport. The stone fire pit are forbidden by Village of Ruidoso Municipal Code. Violations of policy is grounds for eviction, either by Village or Host, and will result in the loss of all money paid and security deposits. Note that grill usage may be restricted or prohibited by the Village of Ruidoso depending on the Fire Restriction Level. Current restriction levels may be viewed at www.ruidoso-nm.gov
Hot Tub	Guest, including individuals staying at or invited to the Vacation Rental, understands that Host and their Agents are not responsible for supervision of and will not supervise use of the Hot Tub by Guest. Guest further understands and is aware that use of a Hot Tub involves a risk of injury to any and all parts of the body, and that use of the Hot Tub and Hot Tub area by Guest will be undertaken with knowledge of the DANGER involved. Guest, on behalf of itself, members of its immediate family and its invitees, hereby expressly and freely agrees to assume and accept all risks of injury or death which may result from use of the Hot Tub and Hot Tub area and to advise all others using the Hot Tub and Hot Tub area during the term of the Lease of such risks and danger. Guest further agrees to take all reasonable precautions to prohibit unauthorized persons from using the Hot Tub during the term of the rental. Guest also understands that undertaking such activities at approximately 7,000+ feet above sea level may affect a person’s performances and abilities. Guest represents the absence of any physical impairment(s) or problems, which would adversely affect their ability to participate in water sports or Hot Tub activities. For good and valuable consideration, GUEST HEREBY AGREES TO RELEASE AND DISCHARGE HOST AND AGENT and their respective heirs, successors and assigns from any and all responsibility for injuries or damages to Guest, members of its immediate family or its invitees and to any other person arising from use of the Hot Tub and Hot Tub area by any person during the term of the Lease. Further, GUEST AGREES TO INDEMNIFY AND HOLD HARMLESS Host and Agent from any and all liabilities, damages, claims, causes of action and the like, including reasonable attorney’s fees and costs, arising from use by any person of the Hot Tub or Hot Tub area during the term of the lease. Guest understands that they shall carry insurance sufficient to cover any claims arising from Hot Tub activities on the Property. Guest hereby acknowledges that Guest has had the opportunity to read this Waiver, Release and Indemnity and has done so carefully and fully. Guest has accepted this Vacation Rental Agreement inclusive of this Waiver, Release, and Indemnity knowingly, voluntarily and with full appreciation of its meaning and effect. In short, use the Hot Tub at your own risk and please be responsible. Unlock the securing cabling using the provided code and remove the weather cover. The padded cover is best handled by two people. The temperature should not be adjusted over 104 degrees. To decrease the temperature, you must first push the up/increase button then immediately follow with the down/decrease button. Return the padded cover and security cable/lock as soon as the session is complete. Use caution as deck and/or porch surfaces may become slick as water is splashed or transferred. Return the weather cover before departing.
Noise and Quiet Hours	Quiet hours are between 11:00 PM and 8:00 AM. Guest should be respectful of neighbors and maintain appropriate noise levels. Nuisance complaints and Village quiet hours are governed by Village of Ruidoso Municipal Code Section 38-31 and are enforced. Violations of policy/ordinance is grounds for eviction, either by Village or Host, and will result in the loss of all money paid and security deposits.
Pets	Pets are not permitted at the Vacation Rental. Licensed service dogs will be considered by Host if the request is made at least seven (7) days in advance of Arrival Date. If a service dog is permitted, then leash laws under Village of Ruidoso Municipal Code Section 14-8 apply.
Smoking/Vaping	Smoking and/or vaping is not permitted at this Vacation Rental – either inside or outside. Violation may result in a loss of deposit. Village of Ruidoso Municipal Code Section 42-40 makes it “unlawful for any person to discard a lit cigarette, cigar, match or other type of incendiary material.”
Snow and Ice	Given the mountainous location, snow and ice are seasonal realities. The Host has arranged for snow removal and ice treatment services but cannot guarantee when those services will be performed. Also, use caution when entering and exiting the Vacation Rental to avoid injury. Snow shovels and ice melt (in limited quantity) are stored in the carport.
Toilets and Plumbing	The plumbing system will accommodate human waste and reasonable amounts of toilet paper.It will not accommodate other manmade products or large amounts of toilet paper. Sanitary trash cans are provided to accommodate the disposal of these items. If prohibited materials are flushed down a toilet, a sewage backup is very possible and will require a plumber to remove the obstruction. This is an inconvenience to the Guest and an avoidable expense to the Host.If the plumber identifies the drainage obstruction as a prohibited item, the Host may use the Security Deposit to pay that expense.
Trash and Refuse Disposal	All trash and refuse must be disposed in a tan or green village dumpster upon vacating the Vacation Rental. This includes any trash left outside the property, including the porch, deck, yard, and river area. The closest dumpster is on Bear Creek Trail near the entrance to Main Road. Any trash left outside is likely to attract raccoons that will make a mess of the trash, so it is recommended to immediately dispose of full trash bags. Raccoons are cute; their mess is not.