Terms and Conditions
By entering into a reservation, Guest is acknowledging and agreeing to the terms listed in this Vacation Experience Licensure Agreement below:
This Vacation Experience Licensure Agreement ("Agreement') is made and entered into by and between Vacay AZ, LLC (“Host”), on behalf of the owner of the Premises ("Owner"), and Guest as defined on the reservation, for the real property being offered by VacayAZ, LLC.
- Relationship. Guest understands that the relationship between the Host and the Guest (“Parties”) shall be of proprietor and lodger or guest as opposed to a relationship of landlord and tenant. To the extent permitted by applicable law, Guest waives and make inapplicable to this lodging the provisions of Arizona Landlord/Tenant Law (as maybe amended from time to time).
- Term. The term of this Agreement shall commence at 4:00 p.m. (Arizona time) on the date stated in the quote and shall expire at 11:00 am, (Arizona time) on date stated in the quote unless terminated earlier pursuant to the terms set forth herein. Notwithstanding the foregoing, this Agreement shall be binding on the Parties upon the mutual execution and delivery of this Agreement. Guest understands that another guest may be occupying the Premises the same day as the anticipated expiration date and therefore Guest must timely surrender the Premises. Guest's failure to timely surrender shall result in liability for all costs and expenses incurred by Host and Owner for such failure to timely surrender. Guest acknowledges and agrees that Host and Owner shall have no liability to Guest if another guest fails to vacate the Premises upon the expiration of such guest's vacation experience licensure agreement.
- Payments. Guest shall make payments in accordance with the terms and policies of the website or program under which the booking reservation was made; refer to payment policy in listing.
- Cancellations. Guest shall make cancellations in accordance with the terms and policies of the website or program under which the booking reservation was made; refer to cancellation policy in listing.
- Deposits. Guest shall make and have deposits returned in accordance with the terms and policies of the website or program under which the booking reservation was made; refer to deposit policy in listing.
- Furnishings. All furniture, furnishings, appliances, cooking and serving utensils, and other personal property (collectively, “Personal Property”) found upon the Premises shall be left in good order and repair by Guest. If Guest fails to leave such Personal Property in good order and repair, Owner and/or Host may make repairs or obtain replacements of such damaged Personal Property and charge Guest the cost of repair or replacement over and above the security deposit. Guest must not alter, change, remove from, nor add to the Personal Property without permission from Host. Within this Agreement, all Personal Property is included within the description and definition of Premises.
- Use. The Premises shall be used and occupied by Guest exclusively, as a private, single - family home. GUEST ACKNOWLEDGES THAT IN NO EVENT ARE LARGE GATHERINGS, SUCH AS HOUSE PARTIES OR WEDDINGS, PERMITTED ON THE PREMISES. Guest agrees to comply with all applicable laws, ordinances, regulations, covenants, conditions and restrictions concerning the Premises. Guest is responsible for any fines or penalties assessed by any governing body as a result of Guest's violation of any of these rules, regulations, and laws. Guest agrees to supervise Guest's family, guests, invitees and other individuals who arrive at the Premises during Guest’s stay to insure their compliance with these rules, regulations, and laws. Guest shall be responsible for any actions of Guest's family, guests, invitees, and other individuals who arrive at the Premises during Guest’s stay who violate this Agreement or any of Host's or Owner's rules or regulations. Guest shall not use the Premises for any disorderly or unlawful purpose and/or commit any waste upon the Premises or any nuisance or act which may disturb the quiet enjoyment of other residences in the surrounding neighborhood. Any misuse described herein shall result in the termination of this Agreement and in such event, there shall be no refund of any funds paid hereunder, including the security deposit, which shall be retained by Owner as liquidated damages. Guest shall make no alterations and/or improvements to the Premises.
- Animals. No animals or pets of any kind shall be brought on the Premises without the prior written consent of Host, and without an increased security deposit within Host's discretion.
- Smoking Prohibited. No smoking shall be permitted in or about the Premises. In the event that evidence of cigarette smoke is discovered in or about the Premises, an additional cleaning fee of $500.00 will be automatically deducted from the security deposit or, in the event that the security deposit has been depleted, will be billed to Guest, which fee will be payable to Owner within fifteen (15) days of invoice.
- Entry and Inspection. Host and/or its agents or employees reserve the right to enter the Premises to inspect the Premises and status of compliance with this Agreement, and to make necessary or agreed upon repairs, alterations, improvements, or to supply necessary or agreed upon services.
- Maintenance of the Premises. Guest stipulates, represents and warrants that Guest accepts the Premises in "as is" and "where is" condition and that, unless Host is notified within one (1) hour of taking occupancy, the Premises, including the furniture, furnishings, appliances, cooking and serving utensils, and other Personal Property therein, will be deemed in good working order. Guest covenants to maintain the Premises in a clean and sanitary condition and shall immediately notify Host of any damage to the Premises or required repairs or replacements.
- Indemnification. Guest shall indemnify, defend and hold Owner and Host and each of their agents, employees, successors and assigns, harmless for, from and against any and all claims, demands, actions, losses, judgements, damages, liabilities and expenses in connection with (i) Guest's and its family, guests, invitees, and other individuals who arrive at the Premises during Guest’s stay, use and occupancy of the Premises, (ii) the loss of life, personal injury and/or damage to property, arising from or out of any occurrence in, upon or at the Premises, including, without limitation, any resulting from the occupancy or use of the Premises or any part thereof and/or (iii) any guest or Guest’s failure to vacate on the anticipated surrender date.
- Release. Guest releases Owner and Host from any and all liability for damages, losses, and costs or expenses sustained by Guest or any other person claiming by, through or under Guest relating to the licensure, occupancy, or use of the Premises, or any part thereof or any appurtenances thereto becoming out of repair, or due to the happening of any accident or by reason of fire, storm, explosion, casualty, or other disaster.
- Utilities. Owner shall be responsible for arranging for and paying for all utility services required on the Premises during the term of this Agreement.
- Medical Marijuana. Despite state law that may currently or hereinafter authorize limited possession or use of medical marijuana in specific and limited circumstances, the federal Controlled Substance Act (the "CSA") categorizes marijuana/cannabis as a Schedule 1 Substance and the possession of marijuana/cannabis is a federal criminal offense. The possession of marijuana/cannabis, or any derivation of same, in the Premises, even for medical purposes, may expose Host and/or Owner to liability, and it interferes with the health, safety, welfare, and right to peaceful enjoyment of others. As such, Guest acknowledges and agrees to that any possession or use of marijuana/cannabis, or any derivation of same (medical or otherwise), by Guest, or its family, guests, and invitees, will result in the cancelation of this Agreement and the surrender of possession of the Premises, with no refund of payments or security deposit.
- Default. For any noncompliance by Guest with this Agreement, Host shall provide Guest with a notice specifying the acts and omissions constituting the breach and specifying that this Agreement shall terminate upon Guest's receipt of said notice.
- Non-Delivery of Premises. In the event Host cannot deliver possession of the Premises to Guest on the commencement date and/or the Premises becomes uninhabitable be reason of fire, storm, explosion, casualty, or other disaster at any time during the term of this Agreement, Host may, at its option, terminate this Agreement by providing written notice to Guest and, in such event, Owner shall refund to Guest all funds paid to Owner (including the security deposit).
- Surrender. On the termination date or earlier termination of this Agreement, Guest shall vacate and surrender the Premises in broom clean condition and in good order and repair, surrender all keys to the Premises and remove all of Guest’s personal items. At the option of Host, any of Guest’s personal items not removed by Guest as of such date shall be deemed abandoned. If Guest fails to timely surrender the Premises, Host and/or Owner reserve the right to change the locks, even if Guest’s personal items remain upon the Premises.
- Entire Agreement. This Agreement, together with the applicable policies and terms of the listing, supersede and cancel any and all previous negotiations, agreements and understandings between Owner, Host, and Guest with respect to the subject matter hereof and are the only and entire agreements between them.
- Governing Law. The validity, construction, interpretation and administration of this Agreement shall be governed by the laws of the State of Arizona. Any disputes arising between the Owner, Host, and Guest (including Guest’s family, guests, and invitees) hereunder shall be resolved in the jurisdiction of Maricopa County, Arizona.
- Waiver. The waiver by Host of any breach or default by Guest of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition for any subsequent breach of same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by Owner, unless such waiver is in writing by Owner.
- Full and Independent Knowledge; Prevailing Party. Guest acknowledges that it has read this Agreement carefully, knows and understands the contents hereof, and has made such investigation of the facts pertaining to the subject matter hereof. If the Owner, the Host, or the Guest, or any other party with rights under this Agreement commences any legal action against any other which, in any way, arises from or in connection with this Agreement, the prevailing party shall be entitled to all reasonable attorneys' fees and costs.
- Counterparts; Electronic Signatures. This Agreement may be executed and delivered in counterparts and each counterpart so delivered which bears the original signature of a party hereto shall be binding as to such party, and all counterparts together shall constitute one original and the same instrument. A PDF, facsimile, electronic or similar transmission of a counterpart signed by a party hereto shall be regarded as signed by such party for purposes hereof. This Agreement may be executed by delivering signatures electronically via email and such signatures shall be as effective and binding as original.