These Terms & Conditions are for reference only All items may not apply to all Hoste, LLC’s (“Hoste,” “our,” or “us”) properties. In addition, some of our properties may have more Terms & Conditions that are not shown below. For specifics on each property's Terms & Conditions, the guest (or “you”) should enter arrival & departure dates and look for the Terms & Conditions on the individual properties' checkout pages. You agree to license from us, temporary use of the property herein referred to as the “property” which is more particularly described in the listing for the property you have selected (the “listing”). It's important to adhere to our standard times for check-in and check-out, unless we've mutually agreed upon a different arrangement: The property will be used as a temporary residence for no more than each applicable property’s maximum allowed number of occupants. You understand that there is sufficient parking for the maximum amount of vehicles specified for the property. No parties or events shall be held on the property. The maximum occupancy is dictated by the listing. You shall not have more than the maximum allowed people that is dictated on the listing. At Hoste, we strive to make the payment process as convenient as possible. For booking platforms like Airbnb, the payment schedule might differ, and the platform itself might handle the payment. Here's our general process: The cancellation policy below will apply for reservations booked outside of platforms such as Airbnb, VRBO, and other platforms. It will not override existing cancellation policies on platforms that have an existing cancellation policy in place. If notice of cancellation is received by Hoste 60 days or more prior to Arrival Date, 50% of the down payment, but not less than $250, is nonrefundable. If cancellation is received less than 45 days but more than 30 days prior to the Arrival Date, the down payment is nonrefundable. If cancellation is received 30 days or less prior to the Arrival Date, the full amount of the reservation including all taxes, fees, and add-ons is nonrefundable. Other than the refund policy outlined herein, no refund will be given due to any weather, ski, or road conditions. Hoste will charge additional for situations such as bringing a pet to the property, late check-outs and early check-ins. The fees are as follows: Non-Refundable Damage Deposit Waiver: Hot Tub Fee (If Applicable): Guest Booking Fee or Service Fee: **Applicable to all Hoste reservations** A. On behalf of Hoste, the party authorized to license the property on behalf of the owner of the property, Hoste has assumed the responsibility for damages as outlined below and waives your security deposit up to $2,500, the waiver limit purchased by you for your stay at the property. B. Hoste will pay the lesser of the cost of repairs or the cost to replace the property up to $2,500. This waiver does not negate your responsibilities as an occupant for items outside of Hoste’s responsibilities. C. This is not an agreement to provide insurance. You are buying a waiver of the security deposit otherwise due as part of this agreement. A. This Security Deposit Waiver will not pay for damages or theft resulting from: B. This Waiver will not pay for damage or theft of property owned by you. C. This Waiver will not pay for costs associated with debris removal or mechanical breakdown. A. Hoste has the sole authority to determine the nature and extent of damages, necessary repairs and eligibility for the waiver, and shall exercise that authority in a reasonable manner. B. This Waiver is only effective for a one-time single continuous stay for which you purchased the Waiver. It takes effect when you occupy the property and terminates when you depart the same property. C. This Waiver is only effective if any theft or damage is reported by You, the property manager, the online travel agent or the owner of the property within 3 days of your departure from the property. D. You are solely responsible for damage or theft under $25 US dollars. E. This Waiver will pay for excessive cleaning, as a direct result of damage, over and above the normal cleaning fee. A stain or spillage is considered damage. F. If there is a dispute related to these terms, mediation is required before any party may file litigation. In the event of litigation, all parties waive the right to a jury trial. For purposes of this Section 11, “you”, or “your” shall include you and includes the your spouse, children and any other person you invited on to the property during your stay at the property. The property includes typical household furnishings and appliances. If you move furnishings, you agree to move furnishings back to their original positions. You understand that there may be no telephone on the property. You are highly encouraged by Hoste to bring a cellular phone for emergencies and to familiarize yourself with the local emergency telephone numbers. Pets, specifically dogs, and service animals may be allowed on the property only under certain conditions. These conditions are: You and your family, invitees, or guests will not smoke or “vape” tobacco or any other product, legal or illegal, anywhere inside the property, including any garage, decks and common areas. Smoking inside the unit will result in a minimum of $500 charge plus all necessary cleaning and odor elimination costs. You represent that you are at least 21 years of age. The property will be clean upon your arrival. Daily and/or periodic cleaning can be provided by Hoste for an extra charge. Sheets and towels will be provided for your use. Linens will not be replaced by Hoste during the term; however, replacement linens may be provided by Hoste upon your request at your expense. All linens in the property belong to Hoste; they do not belong to any building or owner’s association. Lost, stolen, or damaged towels will be billed against your security deposit at the following rates: Comforters $80 each; flat sheets $40 each; fitted sheets $40 each; pillow cases $5 each; Bath towels $20 each; hand towels $15 each; washcloths $5 each. Linens will be considered damaged if they are excessively dirty, such as if they have been used to clean up blood, make-up, spills, bicycles, muddy boots, or auto parts. You are licensing the property as an occupant and you have no rights to, nor will you assign this Agreement or sublet any portion of the property. You will comply with all statutes, ordinances, and requirements of all municipal, state, and federal authorities in force regarding the use of the property. You acknowledge that, unless Hoste is notified immediately upon occupancy, the property, including the furniture, furnishings and appliances, are in good working order and repair. You will keep the property in a clean and sanitary condition, and will immediately notify Hoste of any damage to the property or its contents, or any inoperable equipment or appliances. You will surrender the property, at termination, in as good condition as received, normal wear and tear excepted. You will be responsible for any damage caused by you or your family, invitees, and guests. You will not commit any waste upon the property, or any nuisance or act which may disturb the quiet enjoyment of any other occupant in the complex. It is understood that Hoste or damage waiver does not cover your personal property. Hoste will have the right to enter the property: (a) in case of emergency; (b) to make necessary or agreed repairs, decorations, alterations, improvements, supply necessary or agreed services, show the property to prospective or actual workers or contractors or to potential purchasers; (c) when you have abandoned or surrendered the property; (d) for cleaning or other required alterations; or (e) at other times as reasonably necessary in Hoste’s reasonable discretion. IN CONSIDERATION OF the risk of injury that exists while SOAKING IN the HOT TUB (hereinafter the “Activity”); and IN CONSIDERATION OF your desire to participate in said Activity and being given the right to participate in same; You HEREBY, for yourself, personal representatives, executors, administrators, assigns, guests, children, heirs, and next of kin, (hereinafter collectively, “Releasor” or “you” which terms shall also include Releasor’s parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of your participation in the Activity; and You HEREBY release and forever discharge Hoste and the owners of the property that the activity is taking place and their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively “Releasees”), from any physical or psychological injury that you may suffer as a result, direct or indirect, of your participation in the Activity. You HEREBY acknowledge that upon entering the hot tub area, you will continuously thereafter, thoroughly inspect such area. Your continued presence constitutes an acknowledgment that you have inspected this area and find and accept such areas as being safe and reasonably suited for the purposes of the Activity. You further agree and warrant that if, at any time, you feel or think anything to be unsafe, you and all guests will immediately leave the area and advise Hoste or the owner. You are voluntarily participating in the Activity and you are participating entirely at your own risk. You am aware of the associated HOT TUB RISKS which may include but are not limited to drowning, heat exhaustion, heat stroke, skin/ear/bladder/lung or other infections, chemical burns or irritations, physical/psychological injury, pain, suffering, illness, disfigurement, disability, economic or emotional loss, paralysis or death. You understand that these injuries or outcomes may arise from Hoste or others’ negligence, including that of the owners, or from the conditions at the Activity location. Nonetheless, you assume all related risks, both known and unknown to you, of my participation in the Activity. Some of the known risks and precautions are noted below and you agree that you have read and understand these: You FURTHER AGREE to INDEMNIFY, DEFEND AND HOLD HARMLESS the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by you or anyone on your behalf, including attorney’s fees and any related costs. You FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity involving this Activity on behalf of the Releasees. You further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of any required medical treatment. You hereby acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge Hoste and affiliates and their Releasees from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you otherwise have to bring a legal action against Hoste and affiliates for personal injury or property damage. To the extent that statute or case laws does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Hoste, affiliates and Releasees. You agree that this Release shall be governed for all purposes by Colorado law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements. This waiver and release of liability shall remain in effect for the duration of my participation in the Activity, during this initial and all subsequent events of participation. In the event that any damage to equipment or facilities occurs as a result of your or your family’s, guests, or agents willful actions, neglect or recklessness, you acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness. In the event that any provision contained within this Release shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this Agreement shall remain in full force and effect. Hoste requires all guests to complete a secure, online guest verification portal after the reservation is created. Similar to hotels requiring photo ID upon check-in, Hoste asks that guests provide a copy of their Government Issued ID, a matching selfie, and a credit card to verify identity. We use this to prevent fraudulent reservations and illegal activity and for the safety of all guests, neighbors, and homes. We take data security very seriously. All information entered into this form is encrypted, governed by our privacy policy on our website: iamhoste.com, and transmitted securely over SSL. By completing the reservation, you agree to and acknowledge the foregoing. You acknowledge that you will be required to provide a copy of a valid government-issued ID and matching credit card through our online portal before check-in. Hoste will not be liable for any damage or injury to you, or any other person, or to any other property, occurring on the property, or in common areas. You agree to hold Hoste harmless from any claims for damages, no matter how caused. Hoste is not responsible for any lateness thereof or missed spots related to snow removal; it is your responsibility to safely travel on any snow-covered portion of the property. You understand that some snow, icicles, and icy spots are likely to exist on and around the property. You understand that the weather in Colorado is unpredictable. Other than the cancellation policy outlined herein, no refund will be given as a result of any weather, ski, or road conditions. No refund will be given for any excess or lack of snow. Failure of Hoste to enforce any provision of this Agreement will not be deemed a waiver. In the event that any provision contained within this Agreement shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this Agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this Agreement shall remain in full force and effect. In the event that the property is unavailable for any reason beyond the control of Hoste (including, without limitation, fire, water damage, mechanical systems failure, or natural disaster), and if Hoste cannot secure comparable accommodations for you, Hoste shall refund the prorated occupancy cost including taxes, fees, and add-ons to you, and this Agreement will thereupon be deemed terminated. In no event shall Hoste be liable for any amounts beyond the return of any payment actually made by you. No refund will be given to you for failure of any appliance(s), hot tub, or mechanical system (boiler, water heater, etc.) unless the property is physically uninhabitable as a result of such failure. However, Hoste or its agents shall make a good-faith effort to repair the failure as quickly as possible. In the event that any action or legal proceedings become necessary to settle a dispute between Hoste and you arising out of this Agreement, then the parties hereto agree that El Paso County, Colorado is the county and state of jurisdiction and venue. El Paso County, Colorado is the county and state and in which all contractual agreements have been made and in which payments are being (or have been) rendered. ARBITRATION: Hoste and you agree that any dispute, controversy or claim arising out of or relating in any way to the Agreement including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of the Agreement, shall be exclusively resolved by binding arbitration upon a party’s submission of the dispute to arbitration. In the event of a dispute, controversy or claim arising out of or relating in any way to the Agreement, the complaining party shall notify the other party in writing thereof. Within thirty (30) days of such notice, Hoste and you shall meet at an agreed location in El Paso County, CO to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining party shall seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. You understand that the state and federal housing laws prohibit discrimination in the sale, rental, appraisal, financing or advertising of housing on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income, age, mental or physical disability. The foregoing constitutes the entire agreement between the parties and may be modified only in writing signed by all parties. If there is more than one occupant of the property, all occupants are jointly and severally liable under this Agreement. All of the properties under Hoste's control are independently owned. All protections and indemnifications provided to Hoste by this Agreement shall also apply to the individual property owner(s) and such property owners shall be express third party beneficiaries of this Agreement and may enforce all of its terms against you.
1. License of Property
2. Term
3. Use
4. Parking
5. Parties
6. Final Payment Policy
7. Cancellation
8. Extra Fees
9. Hoste Security Deposit Waiver
I. Agreement
II. Exclusions
III. Conditions
IV. Definitions
10. Furnishings Included
11. Telephone
12. Pets and Animals
13. Smoking
14. Minimum Age
15. Cleaning
16. Linens
17. Assignment and Subletting
18. Ordinances and Statutes
19. Maintenance and Damage
20. Entry and Inspection
21. Release & Waiver of Liability and Indemnity Agreement for Hot Tub Use
22. Guest Portal
23. Indemnification
24. Weather
25. Waiver
26. Unavailability of Accomodations
27. Failure of Appliances/Mechanical Systems
28. Dispute
29. Fair Housing
30. Entire Agreement
31. Individual Owners
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