Welcome and thank you for booking your vacation rental through Evolve Vacation Rental Network.
By clicking "Book Now" you are acknowledging and agreeing to each of the above-described terms and conditions, as well as the following for the selected property:
1. BOOKING TRANSACTION. This Agreement is between Evolve Vacation Rental Network, Inc. (“Evolve”), acting on behalf of and for the benefit of the owner of the Vacation Rental (your “Host”), and the individual completing this booking transaction for the Vacation Rental (“you” or “Guest”). Evolve provides marketing and other limited support services for the Host; however, your Host is responsible for on-the-ground service, including, but not limited to, the condition of the Vacation Rental and access to the Vacation Rental. You agree that you will be present at the Vacation Rental for the entire duration of the reservation and that you will be responsible for the actions and behavior of each individual present at the Vacation Rental during your stay. This includes ensuring each individual in your party or otherwise present at the Vacation Rental is aware of and in compliance with the terms identified in this Agreement.
2. PAYMENT TERMS & CANCELLATION. The total amount due, including the base rates, taxes, and fees are displayed on the checkout webpage for the Vacation Rental. A portion of your total payment may be due upon checkout, as indicated in the “amount to be charged now” line. The balance is due prior to arrival within the schedule indicated on the reservation webpage. Please review these amounts carefully. You may cancel your booking at any time, however, all amounts that have been paid prior to your cancellation may be non-refundable. If you elect to include Travel Insurance during checkout, all or part of your payment may be returned to you by the Travel Insurance provider if you cancel for covered reasons. The company providing Travel Insurance is a separate entity from Evolve and all cancellation-related claims must be handled directly through them.
3. HOUSE RULES & POLICIES. The Vacation Rental may have specific rules and policies regarding large groups, parties, pets, smoking/vaping, quiet hours, parking, pool and/or hot tub usage, and other local, HOA, or property regulations. These rules are detailed in the description section of the Vacation Rental listing, in an Exhibit A attached hereto, and/or as otherwise delivered to you, and are incorporated into this Agreement. 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 Vacation Rental without refund. All stated house rules are established by the Host and Evolve is not authorized to make exceptions to these rules. Further, violation of any law or ordinance by any individual at the Vacation Rental during your reservation will result in the immediate removal of you and other members of your party from the Vacation Rental without refund.
4. ARRIVAL DETAILS & CHECK-IN/CHECK-OUT. Once your booking has been paid in full, you will receive contact information for the primary contact for your stay (your “Guest Contact”). Check-in and check-out times will be communicated to you at least 10 days prior to your arrival, unless otherwise set forth in the description of the Vacation Rental. Please confirm your expected arrival time with your Guest Contact. If you or any member of your group fails to vacate the Vacation Rental at the designated check-out time, you grant Evolve the right to charge the credit card number used to book the Vacation Rental for an additional night. Further, Evolve, the Host or the Guest Contact may initiate any and all proceedings necessary to remove you or any member of your group or your belongings from the Vacation Rental.
5. DAMAGE. In lieu of a security deposit Evolve charges a mandatory fee for third-party accidental rental damage waiver. This fee and the related terms, conditions, and waiver amounts are set forth on the Vacation Rental detail webpage and the checkout webpage and are incorporated into this Agreement. Any damage to the Vacation Rental must be reported to Evolve and the Guest Contact before check-out. You agree damage not covered by, or exceeding the waiver limit of, the accidental rental damage waiver is your full responsibility. This may include damage or loss occurring during your stay, 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 Evolve the right to charge the credit card number used to book the Vacation Rental for any such damages, including, but not limited to, additional cleaning fees. To ensure that the proper party is held responsible, please notify your Guest Contact of any damage found at check-in.
6. FEES & ADDITIONAL SERVICES. All mandatory and optional booking-related fees will be disclosed in the Vacation Rental listing. If you fail to select any option(s) that incur additional fees applicable to your stay and it is later discovered that you should have selected such option(s), you grant Evolve the right to charge the credit card number used to book the Vacation Rental for the associated additional fees.
7. MAXIMUM OCCUPANCY. The maximum number of people that may occupy the Vacation Rental is indicated in the listing description. For clarification, this number applies to all overnight guests, day visitors and children. Unless otherwise approved by your Guest Contact or Host, occupancy over the indicated capacity may result in the immediate removal of you and other members of your party from the Vacation Rental and forfeiture of all amounts paid. Maximum occupancy is established by the Host and Evolve is not authorized to make exceptions to these terms.
8. CONDITION OF THE PROPERTY. Your Host cares very much about their Vacation Rental and strives to keep it in excellent shape. If you notice any problems, hazardous conditions, housekeeping issues, or maintenance issues, please notify your Guest Contact immediately. If the Vacation Rental is not in the condition represented in the rental listing, Evolve 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. You hereby acknowledge that if the Vacation Rental has access to shared amenities, the repair and maintenance of such shared amenities may not be within Evolve’s or the Host’s responsibility or control.
9. HOST ACCESS. You agree to allow your Host, Guest Contact, and/or their agents reasonable access to the Vacation Rental during your stay if requested. Such access may be necessary to resolve maintenance related issues you report. In the event of an emergency, the Vacation Rental may be accessed without prior notice or permission.
10. CLEANLINESS. You are expected to treat the Vacation Rental with respect, keeping in mind that this is an individual’s home, not a hotel room. Even in cases where a cleaning fee is charged, you are expected to leave the Vacation Rental in a clean, neat, and orderly condition and respect the Host’s requests regarding check-out procedures.
11. CANCELLATIONS BY EVOLVE & SUBSTITUTION OF PROPERTY . In the event that Evolve or your Host cancels your booking, you will be notified as quickly as possible. In such cases, Evolve may provide the option to substitute a comparable property selected by Evolve or refund 100% of any amounts paid to Evolve. If you accept the substitute property, all rules, policies, terms and conditions specified in the description section for the substituted property shall apply, even if they differ from your original reservation. Evolve highly recommends that you purchase Travel Insurance to protect against certain types of cancellations, among other risks. Other than providing a refund, Evolve is not responsible or liable for cancellations.
12. FORCE MAJEURE. In the event your stay at the Vacation Rental becomes impossible for any reason outside Evolve’s control, including natural disasters, fire, evacuation orders, or other acts of government agencies, Evolve may choose to cancel your booking and issue a partial or full refund or booking credit of the amounts paid to Evolve. For purposes of clarification, no refund or credit is due (or will be made) to you for inclement weather unless Evolve initiates the cancellation. You and your invitees must comply with any mandatory evacuation order.
13.INDEMNIFICATION & HOLD HARMLESS; ASSUMPTION OF RISK. You agree to indemnify and hold harmless your Host and Evolve, for any liabilities, damage, cost or expense whatsoever arising from or related to any claim in connection with your use and/or occupancy of the Vacation Rental, including, but not limited to, any claim or liability for personal injury, damage, fines, penalties, loss of personal belongings, or theft of property, which is made, incurred, or sustained by you and/or anyone using the Vacation Rental during your stay. You and anyone using the Vacation Rental during your stay accepts and assumes all risks involved in or related to the use of third-party transportation vendors, the pool/hot tub, activities participated in while on the premises, or amenities provided at the property, as applicable.
14. ATTORNEY’S FEES & COSTS. If Evolve or your Host employs the services of an attorney or attorneys to enforce any conditions of this Agreement, you shall be liable to Evolve or your Host, as applicable, for reasonable attorney's fees and costs incurred.
15. 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.
16. LIMITED SHORT-TERM RENTAL. It is expressly understood and agreed that this is a short-term vacation rental and is not a lease or other long-term residential tenancy agreement. This Agreement is only for the licensed use of the Vacation Rental for the stated reservation dates. It creates no property rights in you and no rights to renewal or for recurring usage. You shall not sublet the Vacation Rental or any part of it and shall not assign any interest (in whole or in part) to this Agreement or any rights hereunder.
17. MEDIATION & ARBITRATION. If you have a dispute that arises from or relates to this Agreement or the Vacation Rental, and if the dispute cannot be settled through direct discussions, you agree to try first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures. If the dispute is not settled by mediation, 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. If the parties agree, the mediator involved in the parties’ mediation can serve as the arbitrator. Any award of the arbitrator against Evolve 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 Evolve or the Host. Judgment on any award rendered in such arbitration can be entered in and enforced by any court having jurisdiction.
18. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EVOLVE, NOR ITS 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 VACATION RENTAL. 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 EVOLVE 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.
19. CLASS ACTION & JURY TRIAL WAIVER. ANY AND ALL PROCEEDINGS TO RESOLVE CLAIMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, THE PARTIES EACH WAIVE ANY RIGHT TO A JURY TRIAL.
20. 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.
21. 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.
EXHIBIT A – ADDITIONAL HOUSE RULES