Rental Agreement

Welcome and thanks for booking your vacation rental through Evolve Vacation Rental Network.

Please be sure to read this rental policy, as well as our Terms & Conditions and Privacy Policy.

By clicking "Book Now" you are acknowledging and agreeing to the following for this specific property:

 

  1. BOOKING TRANSACTION – You are entering into a rental agreement directly with the owner or manager of the vacation rental you are booking (your “Host” and the “Vacation Rental”, respectively). Evolve Vacation Rental Network, Inc. (“Evolve”) is simply acting as a neutral venue and is not a party to the booking transaction. It is ultimately your Host, and not Evolve, who is responsible for the handling of payments and refunds and on-the-ground service, including, but not limited to, the condition of the Vacation Rental and access to the Vacation Rental. Evolve will be unable to make substitutions or refunds upon arrival.
  2. PAYMENT TERMS & CANCELLATION – The non-refundable down payment and balance due terms are explained in the Payment Terms section on the checkout web page for the Vacation Rental. Please review these terms carefully. You may cancel your booking at any time, however, all amounts paid are non-refundable. Evolve is not authorized to make exceptions to these terms.
  3. HOUSE RULES – The Vacation Rental may have specific rules regarding large groups, parties, pets, smoking, etc. These rules are detailed in the Property Description section of the Vacation Rental listing, and/or Exhibit A attached hereto, and are incorporated into this Rental Policy. Please review these terms carefully, as violation may result in additional fees or eviction without refund. Evolve is not authorized to make exceptions to these rules.
  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 “Local Contact”). Your Local Contact can help you arrange your arrival and check-in, coordinate any maintenance needs, etc. Check-in and check-out times will be confirmed with your Local Contact and communicated in a pre-stay communication at least 10 days prior to your arrival. Please also communicate your expected arrival time to your Local Contact.
  5. DAMAGE & INSURANCE – Wherever possible, in lieu of a security deposit, Evolve charges a mandatory fee for third-party accidental rental damage insurance. This fee and the related terms, conditions and coverage amounts are detailed on the Booking Details section of the checkout web page and are incorporated into this Rental Policy. If for any reason third-party accidental rental damage insurance cannot be issued for your stay, your Host reserves the right to collect a deposit (the “Security Deposit”) to protect against damages. If applicable, the Security Deposit will be detailed on the Booking Details section of the checkout web page and shall be refunded within 15 days of your departure date provided no deductions are made due to A) damage to property or furnishings, B) dirt or other mess requiring excessive cleaning, or C) any other costs incurred by your Host as a result of your stay. Any damage to the Vacation Rental must be reported to Evolve and the Local Contact before check-out. Damage not covered by, or exceeding the coverage limit of, the accidental rental damage insurance or Security Deposit, is your full responsibility. You grant your Host 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 Local Contact of any damages found at check-in.
  6. FEES & ADDITIONAL SERVICES – Your Host is required to disclose all mandatory booking-related fees in the Vacation Rental listing. In some cases, however, your Host may have optional fees and services (e.g., to heat a swimming pool in the winter). Should you opt into any of these services and related fees your Host and/or Evolve will provide payment details.
  7. MAXIMUM OCCUPANCY – The maximum number of people that may occupy the Vacation Rental is indicated in the listing. This rule applies to day visitors and children as well. Unless otherwise approved by your Local Contact or Host, occupancy over the indicated capacity may result in eviction and forfeiture of amounts paid. Evolve is not authorized to make exceptions to these terms.
  8. MAINTENANCE – Your Host cares very much about their Vacation Rental and strives to keep it in excellent shape. If you notice any problems or maintenance issues, please notify your Local Contact immediately.
  9. CANCELLATIONS BY YOUR HOST – In the event that your Host has to cancel your booking for any reason you will be notified as quickly as possible and refunded 100% of any amounts paid. We highly recommend that you purchase trip insurance to protect against certain types of cancellations, among other risks. Evolve is not responsible or liable for cancellations by your Host.
  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.
  11. INDEMNIFICATION & HOLD HARMLESS – 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, loss of personal belongings or theft of property which is made, incurred or sustained by you and/or anyone you invite to use the Vacation Rental as your guest.
  12. ATTORNEY’S FEES & COSTS – If your Host employs the services of an attorney or attorneys to enforce any conditions of this Rental Policy, you shall be liable to your Host for reasonable attorney's fees and costs incurred by your Host.
  13. 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 eviction and forfeiture of all amounts paid.
  14. HOST ACCESS – If requested, you shall allow your Host access to the Vacation Rental during your stay. Your Host shall exercise this right of access in a reasonable manner.
  15. 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 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.


EXHIBIT A – ADDITIONAL HOUSE RULES

1. CHECK-IN TIME IS AFTER 4 P.M. MST AND CHECK-OUT IS 10:00 AM MST. NO Early Check-ins.
2. This is a NON SMOKING unit.
3. DOGS - Up to two dogs (no other pets) are allowed at the cabin provided the pet fee of $25 per dog is paid in advance. Pet owners are expected to clean up all waste and pet hair when vacating. Any damage is to be promptly reported to owner.
4. We will not rent to vacationing students or anyone under 25 years of age unless accompanied by an adult guardian or parent.
5. MAXIMUM OCCUPANCY- The maximum number of guests for the Cabin is limited to eight (8) persons, regardless of age.
6. EXTERNAL FEES -Golf rates are separate and are charged by the golf course. Fishing licenses are required for fishing in Spring Lake (pond in front of cabin) and may be obtained at Lodge or RV park.
7. NO DAILY MAID SERVICE - While linens and bath towels are included in the unit, daily maid service is not included in the rental rate however is available at an additional rate. We do not permit towels or linens to be taken from the units.
8. FALSIFIED RESERVATIONS - Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check-in.
9. PARKING – There is room for two passenger vehicles to park. RV’s and boats or oversized vehicles are not permitted.
10. STORM POLICY/ROAD CONDITIONS – No refunds will be given for storms. Mountain roads can be curvy and steep. Gravel drives are well maintained, however we highly recommend four wheel drive and/or chains during the snow months. We do not refund due to road conditions.
11. STAIRS, BEARS & OTHER DANGERS - The Cabin is privately owned; the owners are not responsible for any accidents, injuries or illness that occurs while on the premises or its facilities. The Cabin is tri-level with stairs to all levels. If stairs are a concern to you, or anyone in your party, do not rent this cabin! The Cabin is located in the mountains. Wildlife and forest fires are an ever present danger. Renters are expected to act responsibly. Do not leave food or trash outside. It is a State crime to feed bears. Do not have outdoor fires or leave vehicles running unattended. Discharge of firearms or use of fireworks is prohibited within Pendaries Village. The Homeowners are not responsible for the loss of personal belongings or valuables of the guest. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premises.
12. Utilities – The following utilities are included: electricity, propane, water & septic, local phone, satellite TV & Internet. Electricity is provided by the local Co-Op and outages can and do happen. The cabin is supplied with numerous flashlights and the fireplace can be used as back-up heat. Limited firewood is provided for ambiance fires in the fireplace and guests are asked to limit use to six logs per day. BBQ gas runs off main tank, guests are requested to turn off supply line to BBQ (blue knob) at foot level when not in use. Failure to turn off BBQ may result in charge to Tenant for replacement of 500 gallons of propane at the prevailing rate.
13. INTERNET (WiFi) is suitable for email and basic surfing, but is otherwise slow and limited. In the mountains, this is the best we can get. Downloading of video movies (Netflix) is NOT permitted. Usage is limited to 2 megs per weeks stay. Additional usage will be billed to tenant.
14. Winter Usage – Water supply, heat and hot water is turned off and water lines are drained when cabin is not in use during the winter. Upon arrival/departure guests will be given instructions for the on/off processes. The processes are simple and do not require strength. Should tenant be unable or unwilling to follow the on/off processes, our caretaker is available for $20 per visit.
15. This is our Family Cabin – We welcome you to our family cabin and hope that your visit is comfortable and enjoyable. We try to supply all the comforts of home in a beautiful mountain setting. Of course you will need to bring your own groceries, but we try to leave a supply of basic paper products. We are on a septic system and request that you do not put food, grease or paper products down the drain (other than septic safe toilet paper).
Disclosure - Property Owner is a New Mexico real estate broker
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