RENTAL AGREEMENT:
We, the Renters (also referred to as “Tenants” and “Guests”) agree to the following:
1) PAYMENT DUE - All rental monies are due according to the payment schedule disclosed under “Payment Policy” above on reservation acceptance.
2) CANCELATION POLICY - Reservations made directly through New Mexico Cabin Rentals website require a thirty (31) day minimum notice for cancellation refund and will receive a 80% refund of amount deposited LESS any credit card payment processing charges incurred by NMCR and are subject to a 5% Admin Fee or $50 whichever is greater.
CANCELATION POLICY for Reservations made through 3rd Party Booking Agencies such as VRBO or AirBnB require a thirty (31) day minimum notice for cancelation refund and will receive a 80% refund LESS any/all fees, service charges or bank processing charges incurred by NMCR and are subject to a 5% Administration Fee or $50, whichever is greater.
Less than 30-day notice, no refunds are given. EARLY DEPARTURE or WEATHER CONDITIONS DO NOT WARRANT ANY REFUND. We encourage our guests to consider purchasing TRAVELERS INSURANCE to protect against deposit loss when unforeseen situations require cancellation of reservation. We are happy to reschedule your vacation dates at no charge to you with no loss of deposit.
3) CONDITION OF PROPERTY: Owners have, to the best of their ability, given an accurate description of the property and its condition. Guest understands that it is considered as reserved “sight unseen”. Our cleaning staff will have cleaned it before your occupancy. All electrical, plumbing and appliances should be in working order. The failures of operation of certain amenities, such as TVs, cable, games, or the Internet and WiFi service are not a basis for any refund. Owner will make every effort to have these items repaired but does not guarantee that they will be repaired during Guests occupancy. Under no circumstances will any rental money be refunded or returned because of the condition of the house. The Guest agrees to hold the Owner harmless from any liability for the condition of the house.
4) CLEANING AND REPAIRS - Guest agrees to keep house, furniture and furnishings in good order. Removing, adding or changing furniture without Owner’s written approval shall be deemed a material breach of this Rental Agreement and is strictly prohibited. Guest is responsible for cost of replacement of any damage to furniture or premises and replacement of missing items.
5) ENTRY OF PREMISES - With Guest’s permission, which is hereby given, Owner or Owner’s representative may enter the premises during reasonable daylight hours without securing prior permission from Guest but shall give Guest notice of such entry immediately prior if possible and immediately thereafter. In any emergency, Owner or Owner’s agent may enter the premises at any time without permission of Guest for the purposes of making repairs to alleviate such emergency. If Guest abandons or vacates premises, Owner may terminate this agreement, re-enter the premises and remove all Guest’s property.
6) ACCIDENTAL DAMAGE INSURANCE - Renters will be completely responsible for any and all damage to the home or property caused by Renters, whether accidental or due to Renter's negligence.
7) ASSUMPTION OF RISK - Renters will hold the Owners harmless from any and all bodily injury and/or property damage incurred on the property arising out of Renters negligent acts or omissions. See disclaimer below.
8) CHILD PROOFING - Guest understands that no special efforts have been made to ‘childproof” this house and accept the risk of harm to any children allowed on the property.
9) MISSING ITEMS - Renters will be charged for any missing items reasonably attributable to Renters and not returned after notification, providing Guests the opportunity to return the missing items.
10) PERSONAL PROPERTY - Guest understands that any personal property of and used by Guests is not insured by Owner and Owner shall not be responsible for any lost, stolen or missing property of the Guest or property of Guest left after check-out.
11) PERSONAL VEHICLE - Owner shall not be responsible for damage to Guest personal vehicle while on New Mexico Cabin Rentals property or during vacation rental duration. 4x4 wheel drive or all-wheel drive vehicle is recommended during the rainy season.
12) KEYS - Lost Keys will incur replacement costs of $25 each key, each occurrence.
13) NO PARTIES - The Renter must be at least 21 years of age to book this Vacation Rental. Any special occasions such as weddings, receptions, family reunions or increase of occupants must be disclosed at the time the reservation and is subject to the Owner’s advance approval. Prom parties, fraternity or sorority parties and graduation parties are not allowed at any time. Adults cannot rent property on behalf of underage guests, no exception. Any disturbances reported to Owner during stay by other Guests, can be subject to that Guests immediate removal from the property and their stay canceled at the OWNERS DISCRETION.
14) SMOKING - This is a NON-SMOKING vacation rental. Evidence of smoking, such as the smell of cigarette or cigar smoke inside the home by the cleaning crew is sufficient basis to charge the renter for smoke cleanup and removal from furniture, AC ducts and filters. This type of clean-up is expensive, and Renter is Liable for the deep cleaning Costs incurred.
15) PETS - We welcome pets. However, because our location adjoins 4600 square miles of open land, we cannot be responsible for the safety of pets. We recommend Pet Owners bring their own pet beds, pets are not allowed on furniture and should be kept on leash with outside on our property. If Owners have any questions, please contact Marcus or Hollie.
16) MAXIMUM OCCUPANCY - We advise a maximum 3-4 adults. One queen bed is provided with a sofa bed in some properties.
17) SUBLETTING - Guest is not authorized to let or sublet all or any part of the premises nor assign the lease or any interest in it without the written consent of the Owner.
18) CHECK-IN & CHECK-OUT - Arrival is any time after 2 pm. Check-out is prior to 11 am. A late check-out is subject to 50% of an extra night charge after a grace period of 60 minutes. Guests may arrange for extra nights in advance to avoid any late check-out fees. Extra nights are charged at the nightly rate and may be granted if available. If Guests are not present when cleaning staff arrive and have left their possessions in the house, cleaning staff will collect their possessions and remove them from the premises in order to prepare the unit for incoming guests. PLEASE check-out promptly as our cleaning staff have a very short time window to prepare the unit for new guests.
19) CHECK-OUT PROCEDURES - Any cleaning fees are non-refundable. Guests are responsible that all used linens, bedding and blankets are placed in a pile as well and garbage is placed in the garbage can outside each cabin. Soiled dishes and cooking utensils are placed in the dishwasher and cycle started. The vacation rental shall be left unlocked, and key placed back on the information Folder.
20) HOLDING OVER - Because of the nature of Owner’s business (short term winter and summer recreational rentals) Guest understands, and is hereby put on notice that any unauthorized ‘holding over’ of the property past the stated rental period could severely jeopardize Owners business and cause loss of rental income from other previously booked guests, temporary and/or permanent loss of business, goodwill and reputation and, among other things could force Owner to breach an agreement with similar short term summer and winter recreational Guest(s) who may have reservations during Guest’s unauthorized ‘holding over’ period. In this event, Owner may be legally liable in damages to said other guests. Guests should be aware that unauthorized ‘holding over’ has been construed as a factor in establishing ‘malicious continuing occupation’ of rental property, which may entitle Owner to treble damages in any unlawful detained action. Guest also recognizes the unauthorized ‘holding over’ could be grounds in court as a cause of action for intentionally interfering with Owner’s prospective business advantage.
21) RELATIONSHIP OF PARTIES - It is specifically agreed and understood that the relationship between the parties herein shall be deemed to be of proprietor and lodger or Guest as opposed to a relationship of landlord/tenant. Guest specifically waives and makes inapplicable to this lodging the provisions of New Mexico landlord/tenant Law.
22) REMEDIES - In the event of a default to the Rental Agreement, particularly but not limited to Guests unauthorized ‘holding over’ or ‘Parties’ and those acts mentioned above in this agreement, and in addition to all other rights and remedies Owner may have at law, Owner shall have the option, upon verbal/written notice or as the Law may hereinafter provide, to immediately re-enter and remove all persons and property from premises. In such an instance, the Rental Agreement will be terminated, and Owner shall be entitled to otherwise recover all damages allowable under the Law. The Guest, as part of the considerations of this special rental, in recognition that this property is booked in advance by other Guests throughout the year, hereby waives all claims for damages that might be caused by Owner; re-entry and taking possession of premises or removing or storing property as herein provided, and will hold Owner harmless from loss, costs and damages occasioned thereof, and no such re-entry shall be considered or construed to be a forcible entry as defined by New Mexico Code of Civil Procedure or other similar statutory provisions. If for any reason owner is unable to deliver possession of premises to Guest at the commencement of the term specified in the Rental Agreement, Owner shall refund amounts paid by the Guest, but shall not be liable for any other damages caused thereby.
23) ATTORNEYS FEE/DEFAULT - If any legal action or proceeding (including default, non-payments, etc.) arising out of or related to this Rental Agreement is brought by either party to this Rental Agreement, the prevailing party shall be entitled to receive from the other party, in addition to all other relief that may be granted, the reasonable attorney’s fees, costs and expenses incurred in the action or proceeding by the prevailing party.
24) INDEMNIFICATION - Guest agrees to indemnify and hold harmless Owner for any liability arising before termination of this Rental Agreement for personal injuries or property damage caused by the negligent, willful or intentional conduct of Guests. This indemnification agreement does not waive Owner’s duty of care to prevent personal injury or property damage when that duty is imposed by law.
25) PRIOR AGREEMENTS - No prior agreement or understanding not contained in writing herein shall be effective. Furthermore, Owner other than what is specifically written and set forth herein, makes no other or further representation regarding the nature, character and quality of the premises to be rented, and no representation shall be deemed to exist or be material unless and until it is reduced to a writing and signed by the parties. This Rental Agreement may be modified in writing only and must be signed by the parties in interest at the time of the modification. It constitutes the entire agreement of the parties. If any provision in this contract held by any court to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force.
26) FORUM SELECTION, JURISDICTION, LAW AND VENUE - The parties agree to the exclusive jurisdiction and venue of the District Court of the State of New Mexico for Grant County. It is expressly agreed that this Agreement shall be governed and construed by the laws of the State of New Mexico only, irrespective of the state of residency of Guest.
Disclaimer:
Renters understand that the Homeowners are not responsible for personal injury and that tenants are responsible for exercising care when on the property. Further, the Homeowners are not responsible for any personal injury or loss of damage to tenants’ property caused directly or indirectly from foul, inclement weather conditions, Acts of God or nature, failure of heat, accidents related to fire, heaters, stoves, tenants’ failure to take adequate precautions around wet or steep areas, or any unforeseeable circumstances.
Under no circumstances will Tenants or their guests hold the Owners of the Vacation Rental responsible for any damages or claims of any kind resulting from their stay, except for intentional harm. This agreement and disclaimer apply to Renters and all Guests in the Renters’ party.