These Terms and Conditions shall serve as a legally binding Agreement between you and the homeowner and/or the management agent for the homeowner. By agreeing to these Terms and Conditions you are acknowledging that you understand and accept all of the provisions contained herein. All payments made by you, either online or through a representative, are being collected on behalf of the homeowner and or the homeowner’s authorized agent.
Term: The term shall not exceed 30 days. In the event that Guest desires to rent the Premises for a period in excess of 30 days, Guest and Book My Vacay shall enter into a separate written agreement. The check in shall not be earlier than 4:00 p.m. (MST – Arizona) on the Arrival Date written below and Guest shall vacate the Premises on or before 11:00 a.m. (MST – Arizona) on the Ending Date written below (“Rental Term”).
Upon the Ending Date, Guest shall be required to vacate the Premises unless one of the following circumstances occur: (i) Book My Vacay and Guest formally extend this Agreement in writing or create and execute a new, written, and signed rental agreement; or (ii) Book My Vacay willingly accepts new rent from Guest, which does not constitute past due Rent.
Guest shall jointly and severally pay to Book My Vacay the amount provided on the written receipt which shall be separately provided to Guest for the entire Rental Term of the Agreement (the “Rent”).
If Guest’s check is returned for insufficient funds, Book My Vacay may cancel Guest’s reservation and assess a fee of Twenty-Five and No/100’s Dollars ($25.00).
Prepayment: 100% of payment, including Rent and Deposit, is due immediately if Arrival Date is 60 days or less away.
50% of payment is due if reservation is made 60 days or more from your Arrival Date. Use of promotional code or special offer discounts require payment in full at the time the reservation is made. We accept checks for U.S. funds, money orders or credit cards (Visa, MasterCard, American Express, and Discover).
PROPERTY PROTECTION DAMAGE WAIVER FEE – COVERS ACCIDENTAL DAMAGE: A damage waiver fee of $89.00 is required for each reservation. The Damage Waiver Fee is a nonrefundable fee that relieves Guests of the cost for unintentional and incidental damage to theRental Property and its contents, not to exceed the amount of coverage (up to $800.00of unintentional damage) that is reported to us by guest before departure. -The Damage Waiver Fee does not cover Excess Damage Costs (more than $800),intentional damage, theft, unauthorized entry into the owner’s supply closet,unauthorized pets, extensive cleaning required at check-out, smoking inside the home, exceeding occupancy limits, noise violations and any other violations of the Book My Vacay rental policies as specified in your rental agreement, nor any fines imposed by the City, Police Department or Home Owner Association as the result of violation of any law, ordinance, rule or regulation or any fines or cost levied against Guest or visitors of Guest). The fee does not cover lateCheck- out fees (departing after 11:00 a.m. on Departure Day) nor early Check-in fees (arriving before 4:00 p.m. on Arrival Day). – Book My Vacay requires a valid Visa or Master Card number on file in addition to the $89 PropertyProtection Damage Waiver Fee, and any incidental charges that result fromExcess Damage or any missing item, costs will be charged immediately to the Guest’s credit card. Guest will be notified of any Excess Damage Costs in writing. -Guest, by signing below, assumes full responsibility for any items found to be missing and any damage due to misuse, negligence or action on Guest’s orGuest’s visitors part, except in the case of normal wear and tear reported to the Property Manager (520-789-6294) within 24 hours of Check-In and reported on the check-in line phone provided within the home. –Certain homes have security deposits, Security deposits will be refunded by method paid for 1 weeks from the date of departure. Paying a security deposit does not relieve the Guest(s)in any way from requirements stated in the rental agreement. Any damages,fines, or additional charges will be charged against the security deposit, and charges exceeding the security deposit will be charged to the Guest’s credit card on file. Additionally, if the amount of the security deposit is insufficient to cover the cost of guest damages, those charges may deducted from any Utility Deposit prior to charging the Guest’s credit card. Guest will be notified of any charges that apply. The Deposit will be charged to the credit card on file for the reservation five (5) calendar days prior to the Arrival Date.
Cancellation Policy: If Guest cancels 60 days or more prior to the Arrival Date, Guest will be refunded the money paid minus a $350.00 processing and marketing fee. There will be no refunds for cancellations within 60 days of the Arrival Date, including early check outs, no-shows, or stays shortened or prevented due to inclement weather or any other reason.
Guest is strongly encouraged to purchase our cancellation waiver which may allow Guest to cancel the reservation without penalty up until 48 hours prior to check-in date and may allow Guest to receive a refund of the payment, less 10% of the base rent amount. (provided documentation required) You may cancel for any reason up to 48 hours before check-in if you purchase this optional waiver at the time of booking. This can only be purchased at the time of the reservation. If you purchase this cancelation waiver you must call us and email us 48 hours before the check in date with your notice of cancelation. If you do cancel before the 48 hours and you purchased this wavier we will issue a refund check or credit the original credit card the cost of the reservation (minus the cost of the wavier) within 5 to 7 business days.
Cleaning Fee: Accommodations will be cleaned prior to check-in. Bed and bath linens and a starter supply of amenities are provided. Additional cleaning service is available upon request for an additional charge. If upon the Ending Date Book My Vacay determines that the Premises requires cleaning beyond what is normal and customary, the Guest shall pay the additional associated expenses.
Changes: Any changes to this reservation regarding dates or property selection must be requested in writing at least 60 days prior to the Arrival Date. Any other changes must be requested in writing at least seven (7) days prior to the Arrival Date. Changes include changes to the Rental Term, swimming pool heat, early check-in request, number of occupants, etc.
Sight Unseen: The Premises is individually owned and furnished. Book My Vacay makes a sincere effort to accommodate its guests, but no refunds or adjustments will be made in the event that Guest determines that the décor or furnishings are unacceptable to their unique tastes and preferences.
Condition and Use of Premises: The Premises shall be used and occupied solely by Guest and the number of occupants identified in this Agreement, exclusively, as a private single-family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Guest for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single-family dwelling. Guest shall not allow any other person, to use or occupy the Premises without first obtaining Owner’s written consent to such use. Guest shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises.
The Premises is provided in “as is” condition. Book My Vacay shall use reasonable efforts to ensure the operation of all amenities in the Premises, such as Internet access, satellite or cable TV access, spas, pools, and fireplaces, as applicable. Book My Vacay shall not be held responsible for such items failure to work, but will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges that use of amenities such as kitchen appliances, tubs, pools, spas, fireplaces, decks, and the like (“Amenities”) may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guest’s own risk. If children use or are near the Amenities, such children will be supervised by an adult at all times. Guest agrees to cover spa and keep the pool gates closed at all times when the spas or pools, respectively, are not in use.
Guest shall use the Premises for residential purposes only, and in a careful manner to prevent any damage or loss to the Premises, and shall keep the Premises in clean and sanitary condition at all times. Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest use the Premises for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Premises. Guest shall make no alterations to the buildings or improvements on the Premises, or construct any buildings, or make any other improvements on the Premises. Guest shall not keep on the Premises any item of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire, or explosion on the Premises, or that might be considered hazardous or extra hazardous by any responsible insurance company.
Book My Vacay manages privately owned vacation homes which are furnished to Book My Vacay’s tastes, but no two properties are the same. Rates, descriptions, bed sizes, inventories, and furnishings are subject to change without notice. Book My Vacay has no obligation to provide replacements, nor to give refunds for failure or absence of any items.
Maintenance: In the event of equipment, appliances, or utilities’ malfunction during Guest’s stay, Book My Vacay will expedite repairs. Guest should call Book My Vacay as soon as it becomes aware of any problem – most issues can be taken care of quickly.
Property or Guest Amenities: All efforts will be made to accommodate property amenities or guest amenities which are expressly advertised or offered in writing. However under no circumstances can Book My Vacay guarantee or warrant any one property amenity or guest amenity. Please report any issues with property amenities or guest amenities immediately to our office.
Utilities: No compensation will be given for temporary outage of electricity, gas, water, cable, satellite, or telephone service. Utility service outages should be reported immediately and all efforts will be made to have them restored as soon as possible. In the event an outage cannot be restored, Book My Vacay has the right to substitute rental properties (see Right to Change Rental Assignments below) for the remainder of the reservation or until the utilities are fully restored, whichever occurs first.
Right to Change Rental Accommodations (Substitution): Book My Vacay reserves the right to substitute comparable accommodations without prior notice or liability, in the event of a sale of the Premises, or if the Premises becomes unavailable due to maintenance or other problems. Book My Vacay cannot absolutely guarantee a specific rental property in the event of unforeseen circumstances which could render the Premises to be unsafe or uninhabitable. Book My Vacay will make every effort to contact Guest should this happen. When comparable accommodations are not available, Guest will have the option of selecting from available properties at the comparable published rate or receiving a complete refund.
Subletting Prohibited: Guest may not assign this Agreement, nor sub-let, nor grant any license to use the Premises, or any part thereof, without the prior written Book My Vacay’s express written consent, which may be withheld in its sole discretion. An assignment, sub-letting or license without the prior written consent of Book My Vacay, or an assignment or sub-letting by operation of law shall be absolutely null and void, and shall, at Book My Vacay’s option, terminate this Agreement.
Keypad Access: Guest shall not provide the keypad access information, key, or any other access to any third-parties, other than those expressly authorized occupants listed above.
Alterations and Improvements: Guest shall make no alterations to the buildings or improvements on the Premises.
Hazardous Materials: Guest shall not bring or keep on the Premises any item of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire or explosion on the Premises, or that might be considered hazardous or extra hazardous by any responsible insurance company.
Rules and Regulations: Guest agrees to comply with all rules and regulations established by Book My Vacay’s regulation of the use of the Premises during the Term hereof. Without limiting the generality of the foregoing, Guest shall:
- Not obstruct or cover the windows or doors;
- Not leave windows or doors in an open position during any inclement weather;
- Not hang any laundry, clothing, sheets, etc., from any window, rail, porch, or balcony, nor air or dry any of same within any yard area or space;
- Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Owner;
- Use all lavatories, sinks, toilets, and all other water and plumbing apparatus in only for the purposes for which they were constructed. Guest shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Guest;
- Guest’s family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents;
- Keep all radios, television sets, stereos, etc., turned down to a level of sound that does not annoy or interfere with other residents;
- Deposit all trash, garbage, rubbish, or refuse in the locations provided, and shall not allow any trash, garbage, rubbish, or refuse to be deposited or permitted to stand on the exterior of any building or within the yard. Please refer to the property manual provided in your property in regards to trash/recycling pick up days for your specific property. Failure to properly dispose all waste/excess waste will result in a post check-out fee of $100.00.
- Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant thereto, which may be adopted or promulgated by the homeowners’ association having control over them; and
- Abide by all federal, state, and local laws and ordinances affecting the Premises, including, without limitation to, the use or possession of illegal drugs and substances.
House Parties/Large Gatherings: House parties and large gatherings exceeding maximum occupancy are prohibited and may result in the immediate termination of this Agreement, and Guest’s immediate removal. (*Please expressly request information for weddings, parties or large events.)
Pool Cleaning: [This clause only applies if the Premises includes a swimming pool or spa.] The pool is cleaned and chemically treated at least once per week. Generally, the pool is cleaned on the morning of the Guest’s arrival. Adverse weather conditions such as high winds and rain may cause the pool to become dirty. Pool cleaning equipment is provided for the Guest’s use during the term of the Guest’s stay. The Guest understands and agrees to care for the pool between times when the pool is professionally cleaned. Additional pool cleaning service is available upon request for an additional charge. At any time, if it is determined that the Guest has removed the pool cleaning equipment, tampered with the pool equipment in an unauthorized manner, or neglected to care for the pool as instructed the Guest will be required to pay any and all associated consequential damages. The damages will be immediately charged to the Guest’s credit card which was authorized for the purposes of the security deposit. If the amount of the expenses exceeds the amount of the Guest’s security deposit, the Guest agrees to immediately pay the balance due.
Pool Heating (this does not apply for condos or community pools): Swimming pools contain very large amounts of water and the energy that must be expended to heat swimming pools is substantial. In the event that Guess elects to utilize the pool heat function, Guest agrees to pay $40.00 – $120 per day for electric heaters, and $75.00 – $120 per day for gas or propane heaters. Further, if Guest decides to utilize the pool heat function, Guest understands and accepts that the pool heaters may not successfully raise the temperature of the swimming pool to the temperature selected on the thermostat. Book My Vacay makes no representations or warranties regarding the pool heat. 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 on a number of variables, some of which 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. Equally important, the pool heaters are much more effective if the pool is covered when not in use. The cost to have the pool heat function turned on does not in any way guarantee that the water will be heated to any particular temperature, or at all. The payment of $40.00 – $120 per day is simply the cost to turn the pool heater on. Further, pool heaters have electrical and mechanical components which may function from time to time. NO COMPENSATION WILL BE GIVEN FOR A MALFUNCTIONING HEATER. Guest understands and accepts that the $40.00 – $120 charge per day is intended to compensate Book My Vacay for the additional electrical expense associated with having the pool heater running, and the additional expenditure of electricity that is incurred whenever the pool heater is turned on. Book My Vacay makes no representations or warranties regarding the pool heater and cannot guarantee any particular pool temperature.
Arrival/Departure: Check-in time is after 4:00 p.m. (MST – Arizona) on the Arrival Date. Check-out time is before 11:00 a.m. (MST – Arizona) on the Ending Date. Due to occupancy and maintenance requirements, exceptions to the arrival and departure times are generally not possible. All requests for early arrival and or late departure must be made in writing and written authorization must be obtained at least 24 hours in advance. In all instances that an early check-in and/or a late check-out is permitted, there will be a $200.00 fee charged to the credit card on file for the reservation. Guests who do not obtain written authorization for late check-out and who are still occupying the Premises past the contractual check out time will be considered to be in breach of the Agreement, and are subject to the loss of their security deposit.
Late Check Out: Check out time is 11:00 a.m. (MST – Arizona) on the Ending Date. The Premises is expected to be available for our cleaning crew by the check-out time unless the Guest has received authorization in writing for a late check-out and has agreed to pay the associated late check-out fee. The Guest agrees to pay and will be charged $200.00 or actual damages, whichever is greater, if the cleaning crew is not able to start cleaning the Premises as a result of the Guest’s unauthorized, hold-over occupancy of the Premises. The money will be charged to the security deposit authorization on file for the Guest.
Guest’s Hold Over: If Guest remains in possession of the Premises with the express written consent of Book My Vacay, after the Ending Date, Guest shall pay 1.5 times the Rent on a per diem basis, for each day Guest occupies the Premises beyond the Rental Term.
Surrender of Premises: Upon the expiration of the Rental Term hereof, Guest shall surrender the Premises in as good a state and condition as they were at the Beginning Date of this Agreement. Book My Vacay shall consider any personal property belonging to Guest and left on the Premises to have been abandoned, in which case Book My Vacay may dispose of all such personal property in any manner Book My Vacay shall deem proper and Book My Vacay is hereby relieved of all liability for doing so.
Occupancy: Only those individuals who are expressly listed above may occupy the Premises. Authorization for additional guests must be requested in advance and will not be authorized if it causes the Premises’ maximum capacity for individuals to be exceeded.
Maximum Occupancy: Guest agrees to comply with Arizona’s Inn Keeper laws and local zoning ordinances, including but not limited to, occupancy restrictions.
Further, there is both a household occupancy limitation and a bed configuration limitation. Groups consisting entirely of adult individuals (non-couples) are subject to a maximum occupancy which equals the number of permanent beds in the property. Single beds are subject to a maximum of one individual. Queen and King sized beds may only be occupied by a single individual, an adult couple, an adult and a child (under five (5) years of age), or two children under five (5) years of age.
Property Damage: The Guest agrees to be responsible for any damage or loss to the Premises, excluding normal wear and tear. An additional cleaning charge may be incurred, if, upon departure the Premises is found to require more than the normal departure cleaning. Book My Vacay will not be responsible for any damages to Guest’s personal property, or liable for any accident that may occur to Guest during its occupancy.
Access: Book My Vacay and it agents shall have the right, during the Term of this Agreement and any renewal thereof, to enter the Premises for the following purposes:
- Inspect the Premises for condition;
- Make repairs or maintenance;
- Show the Premises to prospective Guests, prospective purchasers, inspectors, fire marshals, lenders, appraisers, or insurance agents;
- Exercise a contractual or statutory lien;
- Leave written notice;
Owner may enter the Premises without the consent of Guest in case of emergency, and where necessary to prevent damage or injury to property or person.
Pets: Pets are not permitted without prior written approval and addition pet fee and pet deposit
Smoking: Smoking is strictly prohibited inside the Premises. Smoking is only allowed outside on the patios and yards. An automatic $500.00 charge against the Guest’s security deposit authorization will be accessed if it is determined that anyone smoked inside the Premises. Book My Vacay will have the final determining authority with respect to all aspects of this provision of the Agreement.
Parking: No more than two (2) vehicles are allowed to be parked on the Premises at any time. All vehicles must be parked either in the properties assigned covered parking spot or in an uncovered parking space. Violations of the parking rules subjects the automobile to fines, immobilization devise attachment and towing. On-street parking is monitored and is strictly prohibited. No vehicle longer than 12 feet are allowed on the Premises under any circumstances. RV’s, buses, boats, trailers, or passenger vans which hold more than eight (8) people are strictly prohibited.
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, Guest will be charged the costs associated with clearing the blockage. The minimum service call fee is $75.00 for toilet blockages. The minimum service call on weekends and holidays is $150.00.
BBQ Fuel Usage Policy: Book My Vacay aims to ensure that Guests have propane to use at the Premises, however, makes no warranty or guarantee that it will be full or in working condition. In the event that the propane tank is empty or the BBQ is not functioning, please call Book My Vacay and it will try remedy the problem.
FIRE PIT NOTICE AND LIMITATION OF LIABILITY: Notice and Warning. A fire pit is located at the property, as an amenity. Guest acknowledges that they understand the potential health risks associated with the fire pit and have received access to the fire pit owner’s manual. Always operate the fire pit as described in the owner’s manual and in well ventilated areas. Failure to follow the owner’s manual or Improper installation, adjustment, alteration, service or maintenance may result in a fire or explosion, causing property damage, personal injury, or loss of life.Prevent use of the fire pit by anyone under 18 years of age. Never leave children unattended in the area where the fireplace or fire pit is being used. CARBON MONOXIDE HAZARD. The fire pit can produce carbon monoxide which has no odor. Using it in an enclosed space can be fatal. If you smell gas:  Shut off gas to the fire pit;  Extinguish any open flame; and  If odor continues, keep away from the fire pit and immediately call the fire department.Compliance with Law. Where the property has a wood-burning fire pit, Guest shall operate the wood-burning fire pit according to law, including restrictions on unlawful open burning according to A.R.S. § 49-501 and AZ MCAPC, Maricopa County Residential Woodburning Restriction Ordinance, § 3.Limitation of Liability. IN NO EVENT WILL BOOK MY VACAY BE LIABLE TO GUEST OR TO ANY THIRD-PARTY FOR BODILY INJURY, DEATH OF ANY PERSON, OR DAMAGE TO PERSONAL PROPERTY ARISING FROM USE OF THE FIRE PIT.
Quiet Hours: Between the hours of 9:00 p.m. (MST – Arizona) and 8:00 a.m. (MST – Arizona). Quiet Hours exist and are strictly enforced. Guest must be respectful of their neighbors and not disturb the peaceful enjoyment of their homes or the neighborhood. Any occupant or Guest violating this provision of the terms and conditions will be asked to leave immediately. If the Guest’s occupancy is terminated due to violation(s) of this provision, the Guest understands and accepts that no compensation, reimbursement or refund will be made to the Guest.
Behavior: The Guest agrees to be responsible for the actions of themselves, other occupants and temporary guests. The Guest agrees to act with decorum and civility at all times, and to be responsible for the actions of the Guest’s guests and other occupants with respect to this requirement. The Guest understands and accepts that Book My Vacay retains sole discretion and may terminate the Guest’s occupancy of the Premises if Book My Vacay determines that either the Guest or any member of the Guest’s group has acted inappropriately. In the event that the Guest’s occupancy is terminated due to inappropriate behavior, the Guest understands and accepts that no compensation, reimbursement or refund will be made to the Guest. Examples of inappropriate behavior include, but are not limited to, disturbing the peace of the neighborhood; willful damage to the property; occupancy by persons not disclosed on the Guest data form; excessive occupancy; violent, aggressive, confrontational, or threatening behavior or conversation; and/or failure to secure/lock the Premises while no responsible member of the Guest’s group is at the home.
Crime-Free Provision: Guest, occupants, family, invitees, or other persons under the Guest’s control shall not engage in or facilitate: (i) any acts involving imminent or actual serious property damage as defined by law; (ii) any criminal activity, including drug-related criminal activity, any act of violence or threats of violence, other illegal activity, including prostitution, criminal street gang activity, threatening or intimidating, unlawful discharge of firearms, or assault; (iii) jeopardize the health, safety and welfare of guests, Book My Vacay or its representatives, agents or others. VIOLATION OF THIS PROVISION SHALL CONSTITUTE A MATERIAL AND IRREPARABLE VIOLATION OF THIS AGREEMENT AND GOOD CAUSE FOR IMMEDIATE CANCELATION OF THIS AGREEMENT AND SURRENDER OF POSSESSION.
Medical Marijuana: Despite state law that may authorize limited possession or use of Medical Marijuana in specific and limited circumstances, the federal Controlled Substance Act (the “CSA”) categorizes marijuana as a Schedule 1 Substance and the possession of marijuana is a federal criminal offense. 21 U.S.C. § 801, et seq. The possession of marijuana, even for medical purposes, may expose Book My Vacay to liability and interferes with the health, safety, welfare, and right to peaceful enjoyment of others. As such, Book My Vacay hereby informs and reminds Guest that it agrees to the Crime Free provision in this Agreement and, pursuant to that provision and the supporting federal laws, any possession or use of marijuana (medical or otherwise) by Guest, its family, or invitees, will result in the immediate cancelation of this Agreement and immediate surrender of possession. The Premises is non-smoking.
Telephone: Telephones are NOT provided at all properties, and are not guaranteed to be available for the Guest’s use. In instances where a telephone is available, use of the telephone will be limited to local calls only. Long distance calls must be charged to your personal phone card or credit card.
Home Security: It is the responsibility of every guest to securely lock the Premises when they are not at the home. This requirement includes all of the Premises’ doors (including the garage door) and windows, and it also applies to the check-out date.
Limit of Liability: In no instance or circumstance will Book My Vacay, its agent, or affiliated representative be liable for more than the total amount paid by the Guest.
Risk of Loss and Indemnification: Book My Vacay shall not be liable for any damage or injury to the Guest, Guest’s family, guests, invitees, or their respective property arising out of this Agreement or the use and occupancy of the Premises by Guest or Guest’s invitees. Guest shall indemnify, defend and hold Book My Vacay harmless for, from and against any and all claims, liabilities, damages, attorneys’ fees, court costs or assertions of every kind and nature arising out of this Agreement or the use and occupancy of the Premises by Guest and Guest’s invitees, unless caused by the gross negligence or willful misconduct of Book My Vacay.
Guest agrees that all personal property, furnishings, personal affects, and other items brought into the Premises by Guest, or their permitted guests and visitors, shall be at the sole risk of Guest with regard to any theft, damage, destruction, or other loss, and Rental Agents shall not be responsible or liable for any reason whatsoever.
Guest hereby covenants and agrees to indemnify, defend and hold harmless Book My Vacay and its agents, Rental Agents, successors, employees, and contractors from and against any costs, damages, liabilities, claims, legal fees, and other actions for any damages, costs, attorneys’ fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest, due to any claims relating to destruction of property or injury to persons, or loss of life sustained by Guest or family and visitors of Guest, in or about the Premises, and Guest expressly agrees to save and hold Book My Vacay harmless in all such cases.
Guest hereby waives and releases any claims against Book My Vacay, the Rental Agent and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Premises, including any common facilities, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest’s own initiative, risk and responsibility.
CC&R’S: Sometimes homes are located in planned communities subject to CC&Rs and homeowners associations. Book My Vacay encourages Guests to read all applicable CC&R’s prior to accepting this Agreement. CC&R’S are public record and are available to all Guests where applicable. Please ask your Book My Vacay representative and they will email you all applicable CC&RS promptly. Guest is bound by the terms of the CC&Rs where applicable and Guest is responsible for any violations and resulting penalties.
Default: If Guest fails to comply with any of the material provisions of this Agreement, Book My Vacay may, at its option, declare the entire balance of Rent payable hereunder for the remainder of the Rental Term to be immediately due and payable, and may exercise any and all rights and remedies available to Book My Vacay at law or in equity, or may immediately terminate this Agreement.
If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Premises, remove all Guest’s property and belongings and leave the Premises in good order and free of damage. No refund of any portion of the Rent or Deposit shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred, including, but not limited to, attorneys’ fees and collection costs. In the event Guest violates the Condition and Use of Premises above, or law enforcement visits the Premises, Book My Vacay may, in its sole and absolute discretion, evict Guest and Guest shall surrender the Property and remove Guest’s property and belongings and leave the Premises in good order and free of damage in an expeditious manner.
In addition to the above remedies, in the event that Guest breaches this Agreement, Book My Vacay may perform a non-judicial lockout of the Premises and retake possession.
Governing Law: This Agreement shall be governed, construed and interpreted by, through and under the laws of the State of Arizona. Jurisdiction shall be in the Superior Court of Maricopa County. The parties to this Agreement expressly agree and recognize that the Arizona Residential Landlord Tenant Act does not apply to this Agreement. See A.R.S. § 33-33-1308 ([t]ransient Lodging exempted from ALTA; instead, the parties’ relationship is governed by A.R.S. § 33-301 et. seq.)
Notices: Any notice required or permitted under this Agreement or under state law shall be delivered to Guest at the address provided at the time of booking.
Mail Delivery: Guest is expressly prohibited from receiving U.S. Postal Service delivery to the Premises address.
Yelp, Trip Advisor, Better Business Bureau: Guest is advised that the publication of any derogatory comments concerning Book My Vacay and the Premises may subject Guest to civil liability for defamation, slander, or liable. Book May Vacay prides itself on its reputation and will defend its legal rights and reputation to the fullest extent of the law.
Entire Agreement: These conditions and the terms related to the dates of occupancy and the rate applied to those dates of occupancy 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.