Even top Scottsdale vacation rentals require a completed Vacation Rental Agreement before you stay. But trust us, it’s the only thing you’ll find dull about our properties! Please read through and familiarize yourself with the information below so you and your guests feel protected and comfortable as you Stay With Style.
VACATION RENTAL AGREEMENT
This Vacation Rental Agreement (the “Agreement”) is made and effective the date of acceptance by and between xxx LLC (“Owner”), and their invitees, jointly and severally, including all persons who stay at the Premises and the person(s) named in the StayWithStyleScottdale.com booking portal (collectively the “Guest”).
Property: Owner hereby rents to Guest and Guest accepts in its present condition, the residential property located at xxxx Scottsdale, Arizona, 85xxx (the “Premises”).
Term: The term (the “Term”) of this Agreement shall commence the associated staywithstylescottsdale.com electronic booking portal statement tied to this reservation Beginning ______and Ending ______. The check in shall not be earlier than 4:00p.m. on the Beginning Date and Guest shall vacate the Property on or before 11:00 a.m. on the Ending Date. Tenant(s) are more than welcome to request an early or late check-in/out. However, they are subject to availability and will be awarded 48 hours before regular check-in time. If the previous guest is not checking out the same day, then there is a high probability that early check-in of the guest will be granted. The Term shall not exceed 30 days.
Upon the Ending Date, Guest shall be required to vacate the Premises unless one of the following circumstances occur: (i) Owner and Guest formally extend this Agreement in writing or create and execute a new, written, and signed rental agreement; or (ii) Owner willingly accepts new rent from Guest, which does not constitute past due Rent.
Any reservation obtained by Owner under false pretenses will be subject to forfeiture of advanced payment, deposit or rental money, and the Guest will be prohibited from entering the Premises.
Guest shall jointly and severally pay to Owner the amount provided in this Agreement for the entire Rental Term of the Agreement (the “Rent”).
Property Damage Protection serviced by Rental Guardian insurance is also required to rent the property.
CREDIT CARD REQUIRED TO RESERVE PROPERTY – To reserve the property, a credit card in required. If the rent is being paid by cash or check, the card will not be charged assuming none of the following conditions occur.
- No damage is done to unit or its contents, beyond normal wear and tear.
- No charges are incurred due to contraband, pets or collection of rents or services rendered during the stay.
- All debris, rubbish and discards are placed in dumpster, and soiled dishes are placed in the dishwasher and cleaned.
- All charges accrued during the stay are paid prior to departure.
- No linens are lost or damaged.
- The renter is not evicted by the owner (or representative of the owner), or the local law enforcement
Any items left over by guest and found by housekeeping will be returned if requested. Shipping payment will either be deducted from security deposit or returned via COD.
Recreation Property: Guest represents and warrants that Guest’s primary residence is located someplace other than the Property and that Guest is utilizing the Property as a “vacation rental” or “recreational property.” Guest will not use the Property as a primary residence and Guest will not be domiciled at the Property.
Mail Delivery: Guest is expressly prohibited from receiving U.S. Postal Service delivery to the Premises address.
Cancellation Policy: If Guest cancels 90 days or more prior to the Arrival Date, Guest will incur no penalty and will be refunded the money paid. For cancellations between 61-90 days prior to Arrival date, 50% of the agreed upon rent from the Guest will be forfeited. For cancellations within 60 days prior to Arrival Date, there will be no refund.
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.
The Premises is provided in “as is” condition. Owner shall use reasonable efforts to ensure the operation of all amenities in the Premises, such as Internet access, cable TV access, spas, pools, and fireplaces, as applicable. Owner 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 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 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.
Property or Guest Amenities: All efforts will be made to accommodate amenities which are expressly advertised or offered in writing. However under no circumstances can Owner guarantee or warrant any one amenity. Please report any issues with amenities immediately to Owner in writing.
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 Owner’s express written consent, which may be withheld in its sole discretion. An assignment, sub-letting or license without the prior written consent of Owner, or an assignment or sub-letting by operation of law shall be absolutely null and void, and shall, at Owner’s option, terminate this Agreement.
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. This is a family neighborhood and excessive noise will not be tolerated.
Swimming Pool/Hot Tub: Any guests or invitees under the age of 18 years of age must be accompanied by an adult at all times near the swimming pool or hot tub. Violation of this provision is a material breach of this Agreement and grounds for the immediate termination of this Agreement.
Guest expressly waives any all claims against Owner concerning any injury that may arise in regard to the swimming pool or hot tub.
Guest’s Hold Over: If Guest remains in possession of the Premises without the express written consent of Owner, after the Ending Date, Guest shall pay 1.5 times the Rent or as otherwise agreed in writing 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.
Maximum Occupancy; Minimum Age: Guest agrees to comply with 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 of xx adults. An additional charge of $xx per person per night for occupants in addition to xx adults will be assessed.
Guest represents and warrants that the person or persons assenting to this Agreement are age thirty (30) or older. Guest acknowledges that a breach of this representation and warranty will be deemed a material breach of this Agreement.
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.
Fireplaces: The fireplaces are not to be used. Owner provides three outdoor fire pits for the Guest’s use and enjoyment.
Access: Owner and it agents shall have the right, during the Term of this Agreement and any renewal thereof, to enter the Premises after providing at least 48 hour notice to Guest for the following purposes:
- Inspect the Premises for condition;
- Make repairs or maintenance; or
- Enforce any legal remedy available by law or under this Agreement.
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.
Parking: No more than xx vehicles are allowed to be parked on the Premises at any time. All vehicles must be parked in the designated areas at the Premises. There shall be no parking on the street or any public access road.
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 can be charged the costs associated with clearing the blockage if it is determined that unauthorized items were put into the toilet.
Noise Policy and Quiet Hours:
- The property is in a quiet family neighborhood so please be respectful of the neighbors.
- No yelling, screaming or excessive noise at any time
- The backyard is monitored by device called NOISE ALERT and has 4 sensors and we will be notified if there is excessive noise. We will also get notified if they are unplugged.
Quiet Hours: Between the hours of 9:00 p.m. (MST – Arizona) and 8:00 a.m. (MST – Arizona) and anything above normal conversation MUST be move inside the home. The property is monitored by a device called Noise Aware and it will alert the owner if excessive noise is detected. If this occurs, the owner will notify the tenant by either phone or text that the noise threshold has been reached. If the noise threshold is exceeded a second time, then the violation may result in our security company or owner driving to the premise. If it were to occur a third time, it may result in immediate eviction, at the Owner’s discretion.
Guest must be respectful of their neighbors and not disturb the peaceful enjoyment of their homes or the neighborhood. Our neighbors keep a close eye on the property and have been instructed to contact us in the event of excessive noise.
Smoking: Smoking is strictly prohibited inside the Premises. Smoking is only allowed outside in the back yard.
Limit of Liability: In no instance or circumstance will Owner, its agent, or affiliated representative be liable for more than the total amount paid by the Guest.
Risk of Loss and Indemnification: Owner 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 Owner 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 Owner.
Guest agrees that all personal property noted in the accompanying Personal Property Inventory, 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. In the event that Owner discovers any items of the Guest following the Departure Date, Owner shall return said items to Guest at the Guest’s expense.
Guest hereby covenants and agrees to indemnify, defend and hold harmless Owner 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 Owner harmless in all such cases.
Guest hereby waives and releases any claims against Owner, 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.
Default: If Guest fails to comply with any of the material provisions of this Agreement, Owner 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 Owner 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 quietly and respectfully 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, Owner 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, Owner may perform a non-judicial lockout of the Premises and retake possession.
Attorneys’ Fees and Costs: The prevailing party in any dispute arising out of this Agreement is entitled to reimbursement of its reasonable attorneys’ fees and costs. Costs shall include, without limitation, expert witness fees, fees paid to investigators, legal research fees, and arbitration costs, court costs, court reporter fees, etc.
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 (Transient Lodging exempted from ALTA); instead, the parties’ relationship is governed by A.R.S. § 33-301 et. seq.
Entire Agreement: This Agreement represents the entire agreement between the parties concerning the subject matter hereof. No verbal representations or promises made by anyone are enforceable in any respect, unless the changes are expressly agreed to by the parties in writing.
Waiver / Severability. Owner does not waive any rights under this Agreement by exercising them later or exercising them partially or not at all. Owner can only waive rights in a signed writing. If any provision of this Agreement unenforceable, the rest of the Agreement will remain intact and enforceable.