STANDARD RENTAL AGREEMENT
Please be sure to read this rental agreement (the “Agreement”) in its entirety. To the extent any Standard Language below conflicts with the specific listing, the more strict language will apply.
By reserving, 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 Host Wise Co LLC DBA HostWise.co (“HWC”), Owner, and the individual completing this booking transaction for the Rental (“you” or “Guest”). HWC represents the owner of the Property. HWC provides the Property subject to the terms of this Agreement. You agree that you will be present at the Property for the entire duration of the reservation and that you will be responsible for the actions and behavior of each individual present at the Property during your stay. This includes ensuring everyone in your party or otherwise present at the Property (each an “occupant”) is aware of and in compliance with the terms identified in this Agreement. 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.
IDENTITY VERIFICATION & BACKGROUND CHECK: By booking, Guest gives permission for HWC to verify their identity and check criminal databases in order to confirm their reservation, as needed. HWC, at their sole discretion, may request digital copies of IDs, selfies, and / or credit cards to confirm the veracity of provided information.
PAYMENT TERMS & CANCELLATION. The total amount due, including the base rates, taxes, and fees are displayed on the checkout webpage for the Property. 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 otherwise as per the Cancellation Policy. 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. Regardless of cancellation policy, a 3.4% credit card processing fee will not be refunded.
CHARGEBACKS. Guest agrees that any payment made for the stay is final and non-refundable as per the cancellation policy outlined in this agreement. By booking, Guest explicitly agrees not to dispute the charge or request a chargeback from their bank or credit card issuer, except in cases where the Host has not complied with the terms of the agreement as explicitly stated herein. Guest acknowledges and agrees that any dispute regarding the stay, including disputes related to the quality of service, discrepancies in property description or amenities, or any other issues arising from the rental agreement, shall be addressed directly with the Host through the dispute resolution process outlined in this agreement. Guest commits to exhaust all available remedies provided by the Host to resolve any such disputes amicably. Should Guest initiate a chargeback without first following the dispute resolution process agreed upon herein, Guest will be in breach of this agreement. In such cases, Host reserves the right to pursue any available legal remedies to recover the disputed amount, additional charges incurred due to the chargeback process, including but not limited to legal fees, administrative costs, and any related damages. This clause is intended to prevent fraudulent chargeback claims and ensure that all disputes are handled fairly and directly between the Guest and the Host, thereby upholding the integrity of the booking agreement and the trust between both parties.
HOUSE RULES & POLICIES. The Property has specific rules and policies regarding pets, smoking/vaping, parking, etc.; these are listed in the specific House Rules section within the listing. Please review these terms carefully, as violation(s) may result in additional fees or the immediate removal of you and other members of your party from the Property without refund. Further, violation of any law or ordinance by any individual at the Property during your reservation will result in the immediate removal of you and other members of your party from the Property without refund.
ARRIVAL DETAILS & CHECK-IN/CHECK-OUT. Once your booking has been paid in full, you will receive contact from HWC. Check-in is at 4PM and check-out is at 11AM. Late checkouts will result in a $50 fee for each 30 minutes you are late, as this affects cleaning & prep for the next guest. Further, HWC may initiate any and all proceedings necessary to remove you, your occupants, or your belongings from the Property.
DAMAGE & PRE-AUTHORIZATION HOLD. Prior to check in, HWC will execute a $500 pre-authorization on the card supplied at the time of booking. This is to assure the card is not fraudulent, and to have recourse for damages that may occur during Guests’ stay. HWC understands that accidents happen. Accidents cost less o repair / replace when we are notified immediately. To ensure that the proper party is held responsible, please notify HWC of any damage found at check-in. Upon check-out, any damages found will be communicated to Guest, and the preauthorization may be captured up to $500. If damages exceed $500, a full cost breakdown invoice will be provided to Guest; damage invoices must be paid within 48 hours of receipt.
FEES & ADDITIONAL SERVICES. All mandatory and optional booking-related fees will be disclosed in the Property listing upon booking. If you fail to select any option(s) that incur additional fees applicable to your stay (e.g. additional guests, pets) you grant HWC the right to charge the credit card number used to book the Property for the associated additional fees.
RULE VIOLATIONS. This includes 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 HWC the right to charge the credit card number used to book the Property for any such damages, including, but not limited to, additional cleaning fees.
SMOKING. Under no circumstances is smoking permitted inside. This includes but is not limited to tobacco products such as cigars, cigarettes, pipes; marijuana products of any type (bud/green/flower/etc., vapes, wax, shatter, rigs, etc.), “clove” cigarettes, scented e-cigarettes, etc. Unscented e-cigarettes are permitted, as these products are primarily unscented vapor. A minimum $1,000 remediation fee will apply for treatment.
If the property has an outdoor space, smoking outside, with windows and doors closed, is permitted. Please dispose of all butts properly; butts on the ground will incur an additional cleaning fee.
CHECK IN. Check in is at 4PM local time. Guests will not be permitted to enter earlier, unless previously discussed with HWC. If the Property is ready earlier than 4pm, HWC, at its discretion, may permit an earlier check in. Guest may have the option to request a free or paid early check in via the Dack App.
CHECK OUT. Check out is at or before 11AM local time. Late check outs create significant operational strain, will be charged at a minimum of $50 an hour, in one hour increments, or 25% of the average nightly booked rate, whichever is higher. Unauthorized check outs later than 1pm will be charged the full nightly rate. HWC may offer a pre-arranged late check out; check the Dack App for further details.
MAXIMUM OCCUPANCY.
The maximum number of people that may occupy the Property is listed in the Property description. For clarification, this number applies to all overnight guests. At no point shall the total number of occupants exceed 1.5x number of guests booked, and guests of Guests are permitted only without prior notice to HWC. Occupancy over the indicated capacity will result in the immediate removal of you and other members of your party from the Property and forfeiture of all amounts paid.
b) Parties and large gatherings are not permitted at the Property under any circumstances. Conduct of unauthorized parties or gatherings will result in your removal from the property without refund and HWC may contact local law enforcement when appropriate. You agree to respect the Property, neighbors, the surrounding community and to follow all applicable laws, regulations, ordinances and rules. You agree to conduct yourself in a manner that does not disrupt neighbors or community members.
TRAVEL ANIMALS. Only certain properties are designated as “pet friendly,'“ and are indicated as such in the listing. All properties accept Service Animals, as defined by the ADA. Per ADA regulations, under no circumstances shall Service Animals be left unattended. For purposes of clarity, Emotional Support Animals (ESAs) are not considered Service Animals, and must be registered as pets.
CONDITION OF THE PROPERTY. The owner cares very much about their Property and strives to keep it in excellent shape. If you notice any problems, hazardous conditions, housekeeping issues, or maintenance issues, please notify HWC immediately. If the Property is not in the condition represented in the rental listing, HWC 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.
OWNER / HWC ACCESS. You agree to allow the Owner, HWC, and/or their agents reasonable access to the Property during your stay if required, with advance notice. Such access may be necessary to resolve maintenance related issues you report. Only in the event of an emergency, the Property may be accessed without prior notice or permission.
CLEANLINESS. You are expected to treat the Property with respect, keeping in mind that this is a home, not a hotel room. You are expected to leave the Property in good condition and respect HWC’s requests regarding check-out procedures. Cleaning fees are paid for a clean house for your arrival, not to clean up post-departure messes. Excessive mess will carry an additional, hourly charge of $40 an hour.
HOUSEKEEPING. There is no daily housekeeping service - daily maid service is not included in the rate.
INDEMNITY & HOLD HARMLESS. You agree to indemnify and hold harmless the Owner and HWC, for any liabilities, claims, damages, injuries, costs or expenses whatsoever arising from or related to your use and/or occupancy of the Property, 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.
INFANTS & CHILDREN. HWC permits infants & children under the following stipulations: Guest is responsible for any and all necessary ‘child proofing,' as sharp corners, unprotected plugs, tip hazards, trip hazards, and more may exist in the property. Children must be supervised by an adult at all times. Any child products, including but not limited to gates, cribs, pack n’ plays, high chairs, toys, games, etc. must be inspected by Guest prior to use. HWC does not inspect products for safety after each use, as HWC is not a trained inspector. Guest must notify HWC of any damage to these items, and a replacement product will be delivered.
LOST OR FORGOTTEN ITEMS. HWC strongly encourages guests to execute a final “sweep” for belongings prior to check out. If notified, HWC will attempt to locate a forgotten item. HWC takes no responsibility for lost items if they fail to turn up during cleaning, or fail to be delivered. HWC utilizes a service called ChargerBack to ship forgotten items to Guest at Guest’s cost. Filing a notice of a lost item can be found here: https://www.chargerback.com/ReportLostItemCBEmbed.asp?CustomerID=18311
ASSUMPTION OF RISK. You and anyone using the Property during your stay accepts and assumes all risks involved in or related to the use of the Property and surrounding property, features on the property, activities participated in during your stay on or off the property, amenities provided at the property, whether or not disclosed in the listing. You understand that travelling and staying in a Property may increase the likelihood of contracting an infectious disease, such as COVID-19, and you voluntarily assume that risk.
ATTORNEY’S FEES & COSTS. If HWC or Owner employs the services of an attorney or attorneys to enforce any terms or conditions of this Agreement, you shall be liable to HWC or Owner, 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 Property and is not a lease or other long-term residential tenancy agreement, and that the Property is not intended to be utilized as a primary residence. This Agreement is only for the licensed use of the Property 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 Property during such dates. You may not sublet the Property 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 Property, and if the dispute cannot be settled through direct discussions, you agree to submit all unresolved disputes, controversies or claims to binding arbitration in Colorado administrated by the American Arbitration Association in accordance with its Commercial Arbitration Rules, to be conducted in Denver, Colorado or virtually, if consented to by all parties. ANY AWARD OF THE ARBITRATOR AGAINST HWC 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 HWC or the Owner. 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 THE OWNER, HWC, 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 PROPERTY. 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 HWC 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.
JURISDICTION & VENUE. This Agreement is made in, and shall be governed solely by the laws of, the State of Colorado 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 Denver, Colorado, 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.