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| TERMS & CONDITIONS |
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Any monies received by Nestique for occupancy of the vacation property indicate full acceptance of the Terms & Conditions of the Rental Agreement. All policies are strictly enforced. It is the responsibility of the Guest and the Guest's invitees to be familiar with all policies about the property rental.
I. RENTER REQUIREMENTS.
For legal and accounting purposes, the person placing the reservation must be the same as the credit or debit card holder. This person is considered the primary guest ("Guest"). All other persons involved with the rental are considered the Guest's invitees, and all discussions regarding the reservation, cancellation, and damage policies will be discussed with only the Guest, not the Guest's invitees. All occupants must abide by the property or unit rules and regulations for each unit property or unit. In the event of a violation, the guest agrees to vacate the premises on request of Nestique. Violation of HOA, City, Property, or other local rules or ordinances will result in the forfeiture of the cost of the reservation and any additional fines as applicable.
II. PAYMENT.
Final payment is required before checking in to the Guest's vacation rental.
III. RESERVATIONS.
All reservations are subject to Nestique and property owner ("Owner") approval. Online rates are subject to change without notice. Should there be any issues with the reservation, the Guest will be contacted within 48 hours.
IV. UNAVAILABILITY.
If, for any reason beyond the control of Nestique, the reserved vacation rental unit becomes unavailable, including, without limitation, due to failure of the property's basic structure that may compromise the safe habitability of the property, Nestique may substitute a comparable vacation rental with the Guest's approval. If Nestique does not offer a comparable vacation rental or the Guest disapproves, this Agreement shall be void, and Nestique shall fully refund all payments made by the Guest. In the election to void this Agreement, the Guest waives any and all claims arising out of this Agreement, including, without limitation, any failures by Nestique to perform under this Agreement.
V. CANCELLATION WAIVER.
The Guest can add and purchase the Cancellation Waiver at the time of booking and up to 48 hours after the initial reservation transaction. If the Guest does not add and purchase the Cancellation Waiver within 48 hours from the time of booking, the Guest will not be eligible to add and purchase the Cancellation Waiver later. After 48 hours of booking expiration, all reservations with no Cancellation Waiver added are non-changeable and non-refundable. If the Cancellation Waiver was purchased, it will be listed in the itemized charges on the Guest's folio. If the Guest makes the reservation through a third-party booking site, such as Airbnb, Booking.com, or VRBO, it will be the Guest's sole responsibility to contact Nestique to add and purchase the Cancellation Waiver. The Guest Shall provide Nestique with a minimum of 48 hours notice before the day of check-in both by calling and emailing Nestique. If Nestique does not answer calls made to the company at phone numbers provided herein, the Guest shall leave a voicemail with the time and date of call, the reservation details including the date of arrival, confirmation number, the name the reservation is under, the reservation unit, and that the Guest is requesting to enforce their Cancellation Waiver. The Guest shall also send an email with the reservation details, including the date of arrival, confirmation number, the name the reservation is under, the reservation unit, and that the Guest is requesting to enforce their Cancellation Waiver. If the Guest does not provide Nestique with at least 48 hours notice before the day of check-in, any Cancellation Waiver is invalid. If the notice and timing of the Cancellation Waiver are proper, Nestique will issue a refund check or credit the original credit/debit card for the cost of the reservation minus the cost of the waiver within five (5) to seven (7) business days. Nestique does not issue refunds due to Acts of God, which include but are not limited to weather, road conditions, snow conditions, power outages, or forest fires. Nestique strongly suggests that all guests purchase a Cancellation Waiver.
VI. UNFORSEEN OCCURANCES.
The Guest hereby assumes all risks arising out of unforeseen occurrences that are not under Nestique's control. Accordingly, Nestique will not be liable for any loss, damage, or inconvenience caused by any unforeseen occurrences, including, without limitation, weather conditions, natural disasters, pandemics, pests, construction, public/private events, acts of God, wildfire, smoke, road closures, interruption of services and utilities, or other reasons beyond its control. The Guest acknowledges and agrees that in no event shall Nestique be responsible for travel restrictions, restaurant closures, recreational facility closures, and restrictions issued by any public authority. Without limiting the generality of the foregoing, Nestique cannot and does not guarantee that conditions will be suitable for any particular ski conditions, including but not limited to: ski-in/ski-out access, ski run access, or walk-to ski access. The lack of such conditions neither constitutes a material breach of this Agreement nor a basis for any refund by Nestique. Nestique strongly encourages guests concerned about snow conditions to purchase the Cancellation Waiver.
VII. DAMAGE POLICY.
Before, during, and continuing after the conclusion of the Guest's reservation detailed in this Agreement, a valid credit card shall be kept on file. Any deposit is provided in the itemized list herein. At the time of booking, Nestique will collect a non-refundable $99.00 damage waiver ("Damage Waiver") in lieu of a security deposit to cover up to $2,500.00 in accidental, non-intentional damages, provided that the Guest informs Nestique of such accidental damages before or at checkout. Any damage costs that exceed $2,500.00 as provided in the itemized list herein or not informed to Nestique before or at checkout, the credit card on file will be charged for damages.
Guests who have booked a reservation through Airbnb are not eligible to purchase the Damage Waiver due to Airbnb's policies. Instead, any damages caused during an Airbnb Guest's stay will be the Guest's sole responsibility and will be handled in accordance with Airbnb's resolution process.
The Guest hereby grants consent for Nestique to charge the credit card on file for any uncovered Guest and/or Guest invitee-caused losses and damages sustained to the vacation property, including, but not limited to, undue cleaning, eviction, service calls, service charges, fines, assessments, repairs or replacements, plus all applicable taxes. By written or electronic endorsement of this agreement, the Guest agrees to pay for all such charges, as defined above and on the proceeding pages. The damage waiver will solely cover accidental damages reported during the stay for eligible bookings.
VIII. STRICT NOISE ORDINANCE.
The property's city and/or some HOAs have strict noise ordinances that must be followed. Loud noises, music, and/or loud vehicle noises are prohibited between 10:00 PM and 8:00 AM. If the Guest violates this provision of the city's and/or HOA ordinances, the Guest may be fined by the city and/or the HOA. Nestique may evict the Guest, the Guest's visitors, and licensees from the residential rental unit, and the Guest will forfeit the entire rental amount and security deposit.
IX. NEARBY CONSTRUCTION.
Construction may be ongoing at properties adjacent to or close to the property being rented by the Guest. The rules regarding acceptable noise levels, start and finishing times, and other restrictions relating to such construction are governed by local ordinances and/or community-specific rules and regulations beyond the control of Nestique. Nestique will use its best efforts to ensure that the appropriate parties are notified and appropriate remedial action is taken if it receives notice that the construction at issue may violate such regulations or ordinances.
X. CONDITION OF PREMISES.
The Guest agrees to notify Nestique by phone and email upon check-in or within 24 hours of any housekeeping complaint or property maintenance issue. Failure to do so precludes any courtesy consideration. If the Guest should contact the Nestique office after hours, Nestique will make every effort to return the call as soon as possible. Rate adjustments will only be considered if the reported issue is not fixed within 48 hours. Further, the guest may be held liable if the property is damaged due to a failure to report a maintenance issue. The presence of a non-operating condition or disrepair and any reports of such do not give the Guest the right to cancel this Agreement or receive a refund of any payments made.
XI. CLEANING.
The premises will be delivered to the Guest in a professionally cleaned condition. Upon termination of occupancy, Nestique will arrange for a professional cleaning service to clean the premises. The Guest is responsible for the cost of this cleaning, which is included in the fees ("Cleaning Fee") charged when the reservation is booked. The Cleaning Fee is mandatory, nonnegotiable, and nonrefundable. Should the Guest's use and activity of the property necessitate something other than Nestique's regular cleaning services, the Guest will be charged for associated excess costs.
XII. AMENITIES.
Nestique provides the property with a complimentary starter pack of amenities, including rolls of paper towels, dishwasher tablets, trash bags, dishwashing liquid, hand soap, shampoo, conditioner, body lotion, detergent, and essential components. The Guest is responsible for purchasing any additional items you may require during your stay.
XIII. LINENS & TOWELS.
Towels, sheets, pillows, and blankets are not meant for outside use. Excessive damage to linens and towels may result in an additional charge. A $25.00 will be incurred for losing pool towels or makeup towels.
XIV. PETS.
The Guest agrees that unauthorized occupancy of pets will result in immediate eviction and loss of all rents and deposits. If the discovery of unauthorized pets is made after the Guest’s departure, a penalty of $2,000.00 plus any additional cleaning charges will be assessed. Pets are only permitted if an agreement has been reached between the Guest and Nestique and any applicable pet fees have been paid. Valid pre-authorization requires the submission of a pet addendum, which must be signed by Nestique to be authorized. Authorized pets are not allowed on any furniture or bedding to avoid any additional cleaning fees. Pet waste must be picked up and placed in the garbage can, securely tied. The Guest will assume full responsibility for any damage caused by a pet, to be charged by the credit card on file.
Notwithstanding this provision, Nestique is committed to providing reasonable accommodation to protect the rights of gusts with disabilities to bring a "service animal" (as defined by Utah and Federal law) under the terms of The Fair Housing Amendments Act of 1988, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act. If the Guest requires a service animal trained to do work or perform tasks for a disability, the Guest should request a reasonable accommodation, in writing, from Nestique when booking their reservation. The request should state that the Guest has a disability and provide the specific work or task the service animal has been trained to perform. The Guest does not need to disclose the details of their disability nor provide a detailed medical history. The Guest is responsible for any damages caused by a service animal, including any additional cleaning fees required at the end of the stay to prepare the property for incoming guests. Emotional support animals are only permitted in properties that permit pets.
XV. NO SMOKING.
Smoking and vaping is not permitted in any Nestique property. Oil lamps and incense are also not permitted. Any tobacco, marijuana, incense, or any otherwise related smoke smell in the vacation property is strictly prohibited. If these policies are violated, there will be a charge for excessive cleaning. Candles are prohibited due to fire hazards. The Guest acknowledges and consents to the credit card on file being charged for any excess amount required to remedy any damages resulting from smoking. The Guest also acknowledges and consents to the credit card on file being charged for any future cancellations to the property due to complaints of smoke or restoration associated with smoking. If smoking is discovered during this Agreement's reservation, the Guest's breach of this provision will result in eviction of the Guest, the Guest's visitors, and licensees from the residential rental unit and forfeiture of the entire rental amount and security deposit.
XVI. NO ILLEGAL SUBSTANCES.
Illegal substances are not allowed on the premises, including, without limitation, minors possessing alcoholic beverages. Violations will result in eviction of the Guest, the Guest's visitors, and licensees from the vacation rental unit and forfeiture of the entire rental amount and security deposit.
XVII. PLUMBING.
Do not put any products, including feminine products, other than toilet paper in the toilets. Any damage caused to the plumbing system due to the flushing of improper items will be charged to the reservation. Plungers are provided if a clog occurs. Do not pour grease down any kitchen drains.
XVIII. TVs & INTERNET.
Any internet, TV, cable, or satellite subscription services are provided for convenience only and are not integral to this Agreement. Nestique will not be in breach for any service disruption, and the Guest will not receive a refund for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences concerning said subscription services.
XIX. HVAC.
Most residential rental units are not equipped with air conditioning, but if so equipped, the Guest agrees that the air conditioning shall not be set below 72 degrees. There are no refunds for lack of or malfunctioning HVAC units. Heat shall not be set above 78 degrees. All fan settings shall be set to "AUTO." Doors and windows shall be closed when heat or air conditioning is in operation.
XX. POOL & SPA.
Not all residential rental units have a spa(s) or pool(s). The Guest acknowledges and agrees that the areas surrounding the spa(s) or pool(s) may not be fenced or secure. The Guest understands and agrees to be responsible or held liable for any damages that occur to the spa(s), pool(s), and their support equipment through Guest misuse and/or negligence. The use of the spa(s) or pool(s) is at the Guest's own risk.
XXI. SYSTEM FAILURES.
If the residential rental unit sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, hot tub, or other system or structural systems, neither the Owner nor Nestique shall be liable to the Guest for any damages as a result of or associated with such system failures. Nestique will try to repair or replace the failed system or equipment promptly. In such an event, the Guest agrees to permit Nestique or its service provider to have reasonable access to the property to inspect and make such repairs. Any failure does not serve as a termination of this Agreement, and no refunds will be given for such system failures.
XXII. RIGHT OF ENTRY.
The Guest agrees that Nestique reserves the right to enter the rental property at any time: (i) to make necessary or agreed repairs, decorations, alterations, improvements, for maintenance, or to supply necessary or agreed services; (ii) to verify the Guest has complied with the terms of this Agreement, or (iii) in case of emergency.
XXIII. COMMERCIAL USE.
The Guest agrees to comply with all rules and regulations posted on the premises or delivered to the Guest at any time. The Guest shall not, and shall ensure that the Guest’s visitors and licensees shall not: (i) disturb, annoy, endanger, or interfere with other guests of the building in which premises is located or its neighbors; (ii) use the premises for any commercial or unlawful purpose, including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband; (iii) violate any law or ordinance; (iv) commit waste or nuisance on or about the premises; or (v) violate any homeowner’s association or similar entity’s rules, regulations, or other terms. Any homeowner’s associations attached to the property are provided to the Guest in the pre-check-in email with the rental details, check-in processes, and access codes. The Guest is on notice of any homeowner’s associations or similar entity’s by-laws, CC&Rs, and any other applicable rules and regulations. The Guest also agrees not to commercially use a residential rental unit. Violating these provisions may result in eviction of the Guest, the Guest’s visitors, and licensees from the residential rental unit and forfeiture of the entire rental amount and security deposit.
XXIV. SHIPPING.
The Guest may ship items to Nestique's secure facility before they reserve at $10.00 per package, which will be charged to the card on file. At no point does Nestique take on liability for any items shipped to the secure facility. Delivery may take up to 24 hours once received by Nestique. Shipping of perishable items and any other time-sensitive materials is not recommended. Nestique's approved shipping label format must be used for all Guest packages. If packages are received after departure, the Guest will incur shipping charges and a $25.00 handling fee for Nestique's return of any packages to the Guest or the Guest's visitors. Nestique is not responsible for any lost, damaged, or delayed deliveries.
XXV. ARRIVAL TIME.
Check-in is at 4:00 PM. Early check-in may be arranged for an additional fee, pending other guest departures and the housekeeping schedule. Please contact us within 48 hours before your arrival to submit a request for early check-in. Early check-in is subject to availability and is not guaranteed in advance, even if paid (a refund will be provided if unavailable). Unless an early arrival time has specifically been arranged with a Nestique Team Member, any attempt to access the property before 4:00 PM is subject to a $125.00 fee for each hour before the scheduled check-in time, at a minimum of one (1) half hour. If access occurs before 12:00 PM without prior approval, an additional fee equal to the rental rate of one day will be assessed.
XXVI. NUMBER OF GUESTS.
The Guest agrees that more than the number of people stated on the reservation shall not occupy the premises. Unauthorized people at the vacation rental at any time could result in extra charges for each additional guest, in addition to any damages, disturbances, and cleaning charges. The rental is not intended for parties or gatherings at any time except for those who have paid to occupy the property. Exceptions are made on an individual basis. Please contact Nestique for prior approval. If there is excessive noise or music, any illegal activity, or evidence of violating these policies, the Guest and the Guest's invitees may be asked to vacate the premises without any refund, and additional charges may be assessed. Please inform us of any change in the number of guests before arrival to avoid these charges and so the property can be prepared appropriately. No exceptions or refunds are given for changes in the number of guests after arrival.
XXVII. NO PARTIES.
Nestique's vacation rentals are in residential areas and may not be used for weddings, receptions, parties, or any other large gatherings unless pre-authorized by Nestique. Valid pre-authorization requires the submission of an addendum, and such addendum must be signed by Nestique to be authorized. Any disruptive events could result in the immediate termination of this Agreement, the eviction of the Guest, the Guest's visitors, and licensees, and forfeiture of the entire rental amount and security deposit.
XXVIII. PARKING.
The property's city and/or the HOAs have strict parking rules. No parking is allowed on the street year-round. The Guest acknowledges that the vehicles will get ticketed and/or towed for violating the city's and/or the HOA's parking rules and regulations. Any costs or damages resulting from such parking violations shall be the Guest's sole responsibility, and in no event shall Nestique be held liable for any costs or damages resulting from the Guest, the Guest's visitors, or licensees parking in violation of Park Cit's and/or the HOA's parking rules, regulations, ordinances, or any other governing terms.
XXIX. SECURITY & SAFETY RISKS.
The Guest assumes responsibility for the vacation rental property and its contents, as well as the Guest's personal property, when renting the property. Nestique is not liable for injuries resulting from the Guest's failure to use due caution. Children must be supervised at all times. The Guest acknowledges that the vacation rental is not childproof or pet-proof, inside or out, and no alarm is on any door. The Guest agrees to assume full responsibility for all risks to any children, guests, or pets in the vacation rental, including, without limitation, bodily injury, accident, illness, paralysis, death, or loss of personal property to the fullest extent permitted by law, irrespective of any alleged negligence of Nestique or Property Owner.
XXX. DEPARTURE TIME.
Checkout is at 10:00 AM. The Guest's prompt departure is appreciated so that preparation for incoming guests can be executed. A late departure may be arranged for an additional fee, pending other guest reservations and the housekeeping schedule. Please contact us within 24 hours of departure to submit a request for a late checkout. Late checkout is subject to availability and is not guaranteed in advance, even if paid (a refund will be provided). Unless a late departure time has specifically been arranged with a Nestique Team Member, the Guest is subject to a $125.00 fee for each hour beyond 10:00 AM that the Guest is still onsite, at a minimum of one (1) half hour. If the property has not been vacated by 2:00 PM, an additional fee equal to the rental rate of one day will be assessed.
XXXI. TERMINATION OF OCCUPANCY.
Upon termination of occupancy, the Guest shall: (i) return all copies of all keys or opening devices to the premises, including those for the garage door and common areas; (ii) vacate the premises and surrender it to Nestique empty of all possessions and persons at the agreed upon time; (iii) vacate any/all parking and/or storage space; and (iv) deliver the premises to Nestique in the same condition, less ordinary wear and tear, as received upon arrival.
XXXII. LOST OR LEFT ITEMS.
The Guest is solely responsible for lost, stolen, or abandoned possessions or items. Nestique assumes no responsibility for lost, stolen, or abandoned items. Upon discovering possessions or items not originally in the rental unit, Nestique will make a reasonable effort to contact the Guest for a return. The Guest is responsible for paying for shipping costs in addition to a $25.00 handling fee. At no point does Nestique assume liability for any possessions or items or the condition of said possessions or items. Any items not claimed for longer than 30 days will be donated. If any firearms or illegal substances are found in the property upon departure, local authorities will be notified to remove the items.
XXXIII. MEDIATION.
The Guest agrees to mediate any dispute or claim arising from this Agreement or any resulting transaction before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved.
XXXIIV. VENUE & CHOICE OF LAW.
This Agreement shall be governed and construed per the State of Utah and Summit County laws. Summit County shall have personal jurisdiction over the parties, and the county in which the premises are located shall be the forum for any legal action brought in relation to this Agreement.
XXXV. ENTIRE CONTRACT.
All prior agreements between the Owner and the Guest are incorporated into this Agreement, constituting the entire contract. This Agreement is a final expression of the parties' agreement and may not be contradicted by evidence of any prior or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Agreement. Any provision of this Agreement held to be invalid shall not affect the validity or enforceability of any other provision in this Agreement. Any waiver or any breach of the terms of this Agreement shall not be construed as a continuing waiver of the same or any subsequent breach.
XXXVI. INDEMNIFICATION & HOLD HARMLESS.
While Nestique and its property owners strive to maintain vacation properties in the finest condition, no guarantees are implied regarding suitability or for any particular purpose. The Guest and Guest's invitees use the vacation property structures and premises at their own risk. Nestique and its property owners shall not be held liable or otherwise responsible in any way for injury to any Guest or Guest's invitees that is caused or permitted to be caused by the intentional or unintentional acts of said Guest or Guest's invitees or by the failure of structures, appliances, furnishings, or other equipment, including hot tubs and BBQs, whether by malfunction, misuse, Acts of God or nature or are otherwise naturally occurring. No guarantees are expressed nor implied regarding the suitability of utilities and other services provided to the vacation properties and adjacent structures and premises. No guarantees are expressed nor implied regarding the suitability or compatibility of materials utilized in the construction of the vacation property or its contents. Nestique and its property owners shall not be held liable nor otherwise responsible in any way for allergic reactions to the Guest or their invitees, caused or permitted to be caused by materials utilized in the manufacture of the vacation property or its contents, nor from mold or airborne spores, nor pet or animal allergens, nor chemical agents including, but not limited to appliances, linens, carpeting, utensils, fixtures, hot tubs, or other equipment. By written or electronic endorsement of this agreement, the Guest and the Guest's invitees hereby agree to forever hold harmless and indemnify Nestique and its property owners from and against all claims, demands, loss, liability, or responsibility of any kind and character, including the cost of defense, arising out of or in any way connected with the guest(s) use of the property.
XXVII. JOINT & INDIVIDUAL OBLIGATIONS.
If there is more than one Guest, each person shall be individually and entirely responsible for the performance of all obligations under this Agreement, jointly and individually.
XXVIII. RELEASE.
In consideration of the right to visit the home, the Guest agrees to release to the fullest extent allowed by law, Owner and its Management, members, officers, associates, employees, agents, representatives, attorneys, assigns, and affiliates (collectively, the Affiliates) from all liability or responsibility of any kind whatsoever for any personal injury, death, property damage or other loss sustained by me, my minor children, any guest identified on this form, or any guest or person allowed onto the property during my rental dates as a result of my, my children, or the guests participation in a visit to the home, due to any cause whatsoever, including without limitation negligence on the part of Owner or Management. I understand that this release will bind my heirs, administrators, executors, and any other person or entity seeking to claim under or through me. |
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Nestique
614 Main Street
Park City UT 84060
435-523-3393
vacations@nestique.com |
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