TERMS & CONDITIONS LIABILITY WAIVER
By accepting the terms and conditions of “this Agreement,” you (“the Customer”) are accepting responsibility and personal liability for negligent errors and omissions; you are also releasing Luxury Concierge Co. (“LuxCo”) and, by way of illustration and not limitation, its owners, officers, shareholders, members, managers, directors, employees, hosts, contractors, affiliates, and agents, (collectively referred to as “the Company”) from any and all liability resulting from any damages, loss or injury suffered by you, your guests or invitees. You are further indemnifying the company from any and all liability resulting from any action or omission resulting in liability to the Company.
This Agreement establishes a contractual relationship between The Company and you. After reading this entire Agreement (the “Agreement”), and in order for your reservation to be completed, you must indicate your acceptance of the terms and conditions of this Agreement in its entirety. Your failure to accept these Terms and Conditions of this Agreement will prevent you from completing your reservation.
The Customer Agrees as Follows:
1. Check-in is 4 pm, Check-out is 11 am for your rented unit. Early or late check-in or out may be available, but is subject to availability and other factors beyond the control of the Company (also additional charge may apply). Inquire with your reservation concierge for more details. If you fail to vacate the property within a reasonable amount of time after check-out, you may be charged for an additional night as a penalty, without any right to inhabit during that additional time.
2. You will receive your rental unit’s specific address and the procedure to access the rented unit at least forty-eight (48) hours prior to your arrival.
3. You must contact your reservation concierge upon your arrival in Denver. One of our friendly representatives will meet you for a personal welcome and provide to you an orientation of your rental unit and its amenities.
4. Guests with special needs should contact their reservation concierge prior to booking to verify accommodations. Any special needs that have booked accommodations should at least seventy-two (72) hours in advance arrival contact your reservation concierge so proper arrangements can be verified.
5. Parking for one (1) vehicle per unit is available benefitting most, but not all, properties and rented units for the Customer. A per night, per vehicle fee of $35.00 may apply and a parking space must be requested in writing at least seven (7) days prior to arrival from your reservation. Parking availability is not guaranteed and may be unavailable due to a multitude of reasons, including unforeseen circumstances. It is the responsibility of the Customer to check with your reservation concierge seventy-two (72) hours in advance of your arrival to confirm parking arrangements.
6. LuxCo and its affiliates reserve the right, without any liability, to provide guests (for all or part of their stay) accommodations of equal or superior quality, either within LuxCo’s inventory or with other lodging facilities.
7. All reservations are subject to the failure of a different guest to vacate a rental unit as scheduled, acts of god and other conditions beyond the control of the Company. The customer assumes the risk of the failure of others to timely vacate a rented unit.
8. All requests for location, views and specific rented units will be noted. Unfortunately, under no circumstances can these requests be guaranteed by the Company.
9. By entering the rented unit, the Customer and all associated guests and invitees who come onto the premises of or the rented unit agree to comply with all rules of the residence, rented unit, or Homeowners Association, as well as any and all rules of conduct stated in this Agreement.
10. LuxCo provides to the Customer access to a peer-to-peer lodging concept. Your reservation concierge shall be available twenty-four (24) hours a day and seven (7) days a week to be your single point-of-contact before, during, or after your stay.
11. Cigarettes and tobacco consumption are not permitted anywhere inside the rented units, or within ten (10) feet of any entrance, including any common areas associated with the rented unit. If evidence of tobacco use is established (including smokeless, spliffs or any tobacco-blended substance) the Customer agrees that the credit card on file will be charged a reasonable “deep-cleaning” fee of up to $500.00.
12. Cannabis consumption is permitted so long as possession and consumption is pursued consistent with local, county, and State law. The Customer assumes all risks attendant to the fact that such use of marijuana is in violation of Federal law. It is the responsibility of the Customer and their guests and invitees to educate themselves as to applicable law as to cannabis possession and consumption.
13. Exterior surveillance is solely for the safety and security of our guests. Do not tamper, unplug, or cover cameras for any reason. The customer shall pay liquidated damages of $500.00 per camera which shall be applied if there is evidence of such violations.
14. Packages/deliveries are not accepted at most of our rented units and the properties they are situate upon. Please contact your reservation concierge prior to shipping should you need any items delivered to you before or during your stay. The Customer assumes the risk of any package not being delivered and waives any claims against the Company in the event any delivery is not received or timely received.
15. No more than the number of guests listed on the reservation are permitted in the rented unit. Use of any Lux Co property or affiliated property for events, parties or other social gatherings without the advance, express written consent of the reservation conceirge shall result in liquidated damages being assessed against the Customer in the amount of $1,000.00, as well as immediate cancellation of the remaining reservation without refund.
16. Pursuant to CRS §12-44-102, the Customer is notified as to matters involving “stowaway” guests, and is further notified that misrepresentation or the providing of false information to an innkeeper as defined in that statute may be a Class 3 felony. Violation of this term may result in a penalty of up to $1,000.00 and is otherwise punishable by law.
17. Noise ordinances are in effect from 10:00 pm until 8:00 am. Any disturbances or complaints (whether from security or neighbors) may result in the application of liquidated damages of $500.00 per incident and immediate cancellation of the remaining reservation without refund.
18. Individuals other than those registered as part of the Customer’s party set forth above may not enter the rental unit without the consent of the reservation concierge. Any person in or on the property shall be the sole responsibility of the Customer, who assumes any and all liability from such individuals.
19. The property owner, reservation concierge, building management or any LuxCo affiliate shall not be responsible or liable for any, by way of illustration and not limitation, accidents, injuries damages or illness that occurs on the premises or as a result of use of the rented unit or facilities offered. The property owner, reservation concierge, building management and any LuxCo affiliate or individual with the Company shall not be responsible for any injury, loss or damage to personal belongings or valuables of the Customers. By accepting the terms of this Agreement, it is agreed that all Customers and their guests and invitees are expressly assuming the risk of any harm or danger arising from their use of the premises, rental equipment and any other good provided by the host or host party.
20. Property and furnishings within the rented unit are the property of the Host and are expected to be kept in good working order by the Customer. The Customer shall be charged an fee for any damage or injury caused from their use or misuse of the equipment and furniture within the rented unit for 150% of any repair or replacement.
21. Pets are not allowed on or in the rented unit. If there is any evidence that a pet was allowed upon the property or rental unit, the listed Customer agrees that the credit card provided may be charged a deep- cleaning fee of up to $1000.00.
22. No strippers, exotic dancers, escorts, or prostitutes are permitted to enter the rented unit, allowed access to any of the shared areas or common areas in any Homeowner Association common areas or on/within the property associated with the rented unit. If it is established that the Customer used this rented unit to host a stripper, exotic dancer, escort or prostitute, the Customer’s credit card shall be charged a fee of $750.00 per incident.
23. A $100-250 cleaning fee shall be charged and includes the following: surface cleaning; wood-floor cleaning, laundry (linens), and basic/routine cleaning such as trash removal, bathroom cleaning, window cleaning and vacuuming. The cleaning fee DOES NOT include additional and further fees to clean: spillage of any kind, excessive kitchen cleaning, excess amounts of garbage, wax spillage, dab/concentrate or any marijuana related residue on countertops, tables or otherwise, wax residue, stained/missing towels, broken/damaged dishes, broken/ damaged appliances or broken/damaged equipment throughout the rented unit. The Customer’s credit card will be charged to reasonably address to the issue at hand, to be determined by the Company, which will be no more than $5,000.
24. Cancellation Policy: In the event the Customer wishes to cancel a reservation less than 24 hours after booking, a full refund will be provided. If the Customer wishes to cancel the reservation more than 15 days prior to arrival, 75% of the same will be forfeited and 25% of the deposit can be applied to a future reservation if used within 60 days, after which time the entire deposit shall be forfeited. If the Customer cancels the reservation within 14 days of arrival, the entire deposit will be forfeited. We reserve the right to cancel reservations and/or refuse service to anyone.
25. Reservations placed within 72 hours of check-in must be paid in full at the time of booking and are entirely non- refundable.
26. The credit card retained on file will be charged for any remaining balance due unless your reservation concierge is provided adequate cash in an amount deemed appropriate by the reservation concierge at check in to cover such charges.
27. Arbitration: The Customer agrees that any dispute concerning, relating to, or referred to this Agreement, your occupancy of the rented unit, the website or any other literature concerning your relationship with the Company, shall be resolved exclusively by binding arbitration to be conducted by the American Arbitration Association and which shall occur in the state of Colorado, according to the then existing Commercial Rules of the American Arbitration Association. Such proceedings shall be governed by substantive Colorado law.
28. Exclusive Governing Law and Exclusive Jurisdiction: If the right to seek arbitration is for any reason waived by both parties, this agreement and any actions and proceedings brought hereunder shall be governed by the laws of the State of Colorado, without regard to conflict of law principles and any action filed in the District Court for the City and County of Denver, Colorado.
29. Amendment: No amendment to this Agreement will be effective unless made in writing and signed by both parties.
30. Successors and Assigns: Except as otherwise provided herein, the provisions hereof shall inure to the benefit of, and be binding upon, the successors, assigns, heirs, executors, and administrators of the parties hereto, provided, however, that the rights of the Buyers to purchase the Membership Interests shall not be assignable without the consent of the Company and the Seller. This Agreement shall not be construed so as to confer any right or benefit on any party not a party hereto, other than their respective successors, assigns, heirs, executors, and administrators.
31. Attorney’s Fees: In the event of litigation arising from or related to this Agreement, or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non- prevailing party all reasonable costs, including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation. In the event of a non-adjudicative settlement of litigation between the parties or a resolution of a dispute by arbitration, the term “prevailing party” shall be determined by that process.
32. Choice of Law and Venue: This Agreement shall be interpreted in accordance with the laws of the State of Colorado without regard to its choice of law rules and the Parties agree that the exclusive venue for all disputes arising under this Agreement shall be the State or Federal courts sitting in Colorado and both Parties submit to the jurisdiction thereof.
33. Counterparts: This Agreement may be executed in one or more counterparts, each of which will be deemed an original and part of one and the same document.
34. Entire Agreement: This Agreement represent the entire agreement of the Buyers and the Seller with respect to the matters addressed therein and supersede and replace any previous agreements, oral or written, between the parties with respect to such matters.
35. Severability: If any provision of this Agreement is partially or completely unenforceable pursuant to Law, that provision will be deemed amended to the extent necessary to make it enforceable, if possible. If not possible, then that provision will be deemed deleted. If any provision is so deleted, then the remaining provisions will remain in full force and effect.
36. Waiver: No waiver by either Party of any right at any time will serve to waive of the same right at any future date or preclude enforcement of such right in the future.
The Customer hereby acknowledges, waives, releases and agrees that the Company Property Owner, Host and any Agent of the Property Owner or Host shall not be held responsible for nor liable for:
Any damages, injury or loss incurred by the Customer as well as any occupant, invitee or guest of the Customer whatsoever or howsoever occurring while the Customer is in occupancy of the rented unit whether or not such is due to any failure to comply with Terms and Conditions or rules of the rented unit or Homeowners Association affiliated with the rented unit;
Any injury or loss suffered by the occupants, their invitees or guests whatsoever or howsoever caused due to the negligence of any individual or entity.
Any damages, injury or loss suffered by the customer or any occupant, their invitees or guests whatsoever or howsoever caused as a result of insects or wildlife in or around the rented unit. All customers and occupants are warned to take specific care at all times and requested not to approach any wildlife under any circumstances and shall assume any and all risk as to the same.
Any inconvenience or damage caused by noise, disturbance or inconvenience resulting from renovation, construction or road works being carried out in or near the vicinity of the rental unit and such shall be non-actionable.
By checking the “I AGREE BOX,” I indicate that I have, on the date entered, read and understood this document and the liability form and I acknowledge that it affects my legal rights and agree to be bound by its terms. By AGREEING I signify my intention to waive claims and indemnify The Company, its owners, officers, directors, shareholders, members, managers, employees, agents, host, contractors, subcontractors, from any liability for damages, loss and injury of any and all kind whether such includes, by way of illustration and not limitation, personal injury, property damage or wrongful death which the Customer or its guests or invitees might suffer during participation by the Customer in the scheduled vacation package. Furthermore, I acknowledge that I have read, understood and hereby agree to the terms and conditions of this trip set forth above and herein and confirm I am at least 21 years of age and I will have a valid identification card present with me during my tour. I sign this Agreement knowingly, willfully and voluntarily.