TERMS AND CONDITIONS FOR OH WOW! RENTALS

These Terms and Conditions (“Agreement”) are entered into between the property owner/manager (“Owner/Manager”) and the renter/guest (“Guest”) for the rental of an Oh Wow Rentals property (“Property”). By making a booking and accepting this Agreement, Guest agrees to abide by all terms and conditions outlined herein.

Reservation and Payment:

1.1. To secure the reservation, Guest must pay a reservation deposit of [50%] of the total rental amount. The remaining balance is due [45] days prior to the arrival date.

1.2. If the booking is made within [45] days of the arrival date, the full payment is required at the time of booking.

1.3 . Security Deposit (Damage/Reservation Deposit). Along with 50% of rental amount, Guest shall deposit $500 (the “Deposit”) with Manager upon booking, which shall be refunded to Guest within ten (10) calendar days following the Ending Date, or the last date of occupancy, whichever is later, less any deductions, including but is not limited to, property loss or damage (beyond normal wear and tear).

1.4 Cleaning Fee. Premises will be cleaned prior to check in. Guest shall pay a nonrefundable Cleaning Fee (the “Cleaning Fee”) to Owner upon booking. 

Cancellation and Refunds:

2.1. In the event of cancellation by Guest, the reservation is fully refundable within 48hrs of booking. (Unless arrival date is less than 48 hrs from booking in which case reservation is non-refundable)

2.2. Owner/Manager reserves the right to cancel the reservation at any time. In such cases, a full refund of all payments made by Guest will be provided.

Check-In and Check-Out:

Arrivals/Departures

3.1. Check-in time is 3 PM local time on the arrival date, and check-out time is 11 AM local time on the departure date. Early check-in or late check-out may be accommodated upon availability and may be subject to additional fees.

3.2. Guest agrees to vacate the Property promptly at the agreed check-out time. Failure to do so may result in additional charges.

Property Use and Occupancy:

4.1. The Property is to be used solely for vacation purposes and shall not be used for any illegal or commercial activities.

4.2. The maximum number of occupants allowed in the Property is 10 persons. Guest agrees to comply with this occupancy limit at all times.

4.3. Guest is responsible for the conduct of all occupants and visitors and shall ensure that they adhere to all rules and regulations regarding the use of the Property.

Property Condition and Damages:

5.1The Premises is provided in “as is” condition. Manager shall use reasonable efforts to ensure the operation of all amenities in the Premises, such as Internet access, satellite or cable TV access, as applicable. Manager 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.

5.2 Guest acknowledges that use of amenities such as kitchen appliances, barbeque grills, pool, decks, and the like (“Premise Amenities”), may be potentially dangerous and involve potential risks if improperly used and such use is at the Guest’s own risk. Guest agrees that children are under no circumstances allowed on Premise. 

5.3 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.

5.4 Furnishings and Amenities; Swimming Pool & Hot Tub..  The Premises is furnished. Manager makes a sincere effort to accommodate its guests, but no refunds or adjustments will be made in the event that Guest determines that the premises décor or furnishings, or the contents and appliances available in the kitchen are unacceptable to their unique needs, tastes and preferences. Manager makes no representation or warranty that the amenities described in the booking will be available or functional during the Term. 

5.5 Maintenance. In the event of equipment, appliances, or utilities’ malfunction during Guest’s stay, Manager will make a reasonable effort to expedite repairs. Guest shall notify the Manager in writing or verbal via cellphone immediately as soon as it becomes aware of any problem. The pool is serviced once or twice per week.

5.6 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.

6.1 Guest agrees to comply with all rules, regulations and operating procedures established by Manager, including the House Rules and Operations Handbook, which are hereby incorporated by reference into this Agreement.

6.2 Moreover, Guest agrees to comply with the Covenants, Conditions, & Restrictions (CC&Rs) 

6.3 House Parties/Large Gatherings. House parties and large gatherings exceeding maximum occupancy (10 total persons) are prohibited and may result in the immediate termination of this Agreement, and Guest’s immediate removal.

6.4 Guest Hold Over. No Guest hold over shall be allowed. If Guest remains in possession of the Premises without the express written consent of Manager, 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, as well as be solely liable for any claims, liabilities, damages, attorneys’ fees, court costs or other costs incurred as a result of the interference, disruption, delay or cancellation of any other Guest who has previously secured a confirmed booking for the Hold Over dates.  

6.5 Surrender of Premises. Upon the expiration of the Rental Term hereof, Guest shall surrender the Premises in as good a state and condition as it was at the Arrival Date of this Agreement. Manager shall consider any personal property belonging to Guest and left on the Premises to have been abandoned, in which case Manager may dispose of all such personal property in any manner Manager shall deem proper and Manager is hereby relieved of all liability for doing so.

6.6 Occupancy. Only those individuals who are expressly listed in this booking 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.

6.7 Property Damage. The Guest agrees to be responsible for any damage or loss to the Premises, excluding normal wear and tear, including any damage caused by children or pets. An additional cleaning charge may be incurred, if, upon departure the Premises is found to require more than the normal departure cleaning. Manager will not be responsible for any damages to Guest’s personal property, or liable for any accident that may occur to Guest or their invitees during its occupancy.

6.8 Access. Manager and it agents shall have the right, during the Term of this Agreement, to enter the Premises with 24-hour email or text notice for the following purposes: (i) Inspect the Premises for condition; (ii) Make repairs or maintenance; (iii) Show the Premises to prospective Guests, prospective purchasers, inspectors, fire marshals, lenders, appraisers, or insurance agents; (iv) exercise any legal or equitable remedy. Manager 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.

6.9 Parking. All vehicles must be parked in the designated areas at the Premises. Violations of the parking rules subjects the automobile to fines, immobilization devise attachment and towing, at the Guest’s expense. 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 six (6) people are strictly prohibited.

6.10 Quiet Hours. Quiet Hours exist and are strictly enforced between the hours of 10:00 p.m. (local time ) and 7:00 a.m. (local time). If the Guest’s occupancy is terminated due to violation(s) of this provision, the Guest understands and accepts that no refund will be made.

6.11 Conduct. 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 Manager retains sole discretion and may terminate the Guest’s occupancy of the Premises if Manager 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; excessive occupancy; violent, aggressive, confrontational, or threatening behavior or conversation; issues or complaints concerning pets, and/or failure to secure/lock the Premises while no responsible member of the Guest’s group is at the home.

6.12 Smoking. Smoking is strictly prohibited anywhere on the Premises. An automatic $500.00 charge against the Guest’s Deposit authorization will be accessed, if it is determined on the Departure Date that anyone smoked inside the Premises. Manager will have the final determining authority with respect to all aspects of this provision of the Agreement.  In addition to the standard non-refundable cleaning fee, Guest shall be responsible for all cleaning and sanitizing costs associated with removing smoke odor from fabrics, carpeting and window treatments including but not limited to professional cleaning of all carpets, upholstery and window coverings, ozone treatments and interior re-painting if necessary.

6.13 Home Security. It is the responsibility of every guest to securely lock the Premises when they are not present. This requirement includes all of the Premises’ doors (including the patio door) and windows, and it also applies when leaving on the checkout date.

6.14 Limitation of Liability. In no event shall Manager be liable for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages arising out of, relating to, or in connection with any breach of this agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not it was advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. In no instance or circumstance will Manager, its agent, or affiliated representative, or the legal owners of the Premise be liable for more than the total amount paid by the Guest.

6.15 Indemnification. Guest shall indemnify, hold harmless, and defend Manager and its officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, that are incurred by Indemnified Party (collectively, “Losses”), arising out of or related to any third-party claim alleging: (i) breach or non-fulfillment of any provision of this Agreement by Guest or Guest’s invitees; (ii) any negligent or more culpable act or omission of Guest or Guest’s invitees in connection with their use of the Premises; (iii) any bodily injury, death of any person, or damage to real or tangible personal property caused by the negligent or more culpable acts or omissions of Guest or Guest’s invitees; (iv) destruction of property or injury to persons, or loss of life sustained by Guest or Guest’s invitees, in or about the Premises, including any damage or injury caused by pets or wild animals; or (v) any failure by Guest or Guest’s invitees to comply with any applicable federal, state or local laws, regulations, or codes in the performance of its obligations under this Agreement.

6.15 Default. If Guest fails to comply with this Agreement, Manager 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 Manager 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 visit the Premises, Manager may, in its sole and absolute discretion, evict Guest and Guest shall surrender the Premises 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, Manager may perform a non-judicial lockout of the Premises and immediately retake possession.

6.16 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.

6.17 Governing Law; Mediation and Jurisdiction. This Agreement shall be governed, construed and interpreted by, through and under the laws of the State of Arizona. The parties to this Agreement expressly agree and recognize that the Arizona Residential Landlord Tenant Act does not apply to this Agreement. Instead, the parties’ relationship is governed by A.R.S. § 33-301 et. seq. The parties agree to submit any dispute arising out of this Agreement to any mutually agreed-upon mediation service for mediation by providing to the mediation service a joint, written request for mediation, setting forth the subject of the dispute and the relief requested. The parties shall cooperate with one another in selecting a mediation service, and shall cooperate with the mediation service and with one another in selecting a neutral mediator and in scheduling the mediation proceedings. The parties covenant that they will use commercially reasonable efforts in participating in the mediation. The parties agree that the mediator’s fees and expenses and the costs incidental to the mediation will be shared equally between the parties. Thereafter, the parties submit to exclusive jurisdiction in Superior Court of Maricopa County.

6.18 Entire Agreement. This Agreement, the Rent set forth in this agreement, the House Rules and Operations Handbook, and any Addendum hereto constitute the entire agreement between the parties in connection with rental of the Premise during the Term. 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.

6.19 Identification. Guest must provide a copy of their driver’s license or passport upon confirmed booking.