Terms & Conditions
Foothills Vacation Rentals is proud to be one of the most experienced and seasoned Vacation Rental Management Companies in the Sedona and Verde Valley area. Please be sure to review the Terms and Conditions below in their entirety and let us know if you have any questions. We can be reached by phone by calling (928) 282-2864 or (800) 369- 7368, or by filling out our Contact Form.
Terms & Conditions
INFORMATION REQUIREMENTS FOR GUESTS
Guests(s) Information Requirements:
Name
Address
Phone Number
Email
Date of Birth
Driver's License # and State of issuance
Non-US Citizens – Guests All Guests who are not US Citizens must provide a copy of their passport. It can be scanned and emailed to [email protected]
TERMS & CONDITIONS: VACATION CONTRACT TERMS & OBLIGATIONS
THE FOLLOWING VACATION RENTAL CONTRACT IS NOT UNDER THE LANDLORD TENANT ACT
CONTRACTUAL OBLIGATIONS
1 Contractual Obligation: When a property is reserved for a specific term, this constitutes a contractual agreement by and between the Owner, Foothills Property Management, Inc. as Agent for the Owner (hereafter referenced as "Agent") and the Guest (Hereafter referenced as "Guest") reserving this property, with the Intent to Create Permission for Occupancy. If more than one Guest(s) agree to these terms, each shall be jointly and severally liable for all of the terms, conditions, and provisions detailed here.
2 Traveler’s Insurance: We highly recommend that Guest(s) purchase Travelers/Trip Insurance, especially for advanced bookings. This type of insurance reimburses trip costs and financial obligations under the contract if you have to cancel your trip in the event of an emergency.
3 Check-Ins: Check-in time is 4:00 p.m. on the date of check-in.
3a Check-In Entry Code: Instructions to check-in, that include the entry code information, will be emailed with the Access Code or Lock Box Combination and directions to the property 5 days prior to your arrival.
3b Early Check-In Fee or Late Check-Out: Please understand we cannot always accommodate early check-ins or late check-outs and this must have prior approval by Foothills Property Management. If requested and approved, there may be an Early Check-In or Late Check-Out Fee.
3c Restrictions: The property Entry Code will not be released unless payment terms are satisfied, all required information is submitted, and the “Terms & Conditions” agreed to (via Guest response and electronically signing and returning of the rental agreement).
4 Check-Outs: Checkout time is 10:00 a.m. on the date of check-out
4a Penalty for Unapproved Late Check-Out: Up to $250
4b Keyless Entry: Make sure the door is locked by following the checkout instructions that are emailed to you. The keyless entry code will automatically expire at 10 am, so be sure that you have everything out of the home by that time. Please note that you will be subject to a lockout if you stay beyond this check out time.
4c Combination Lock Box: Please lock the door and return the key(s) to the combination lockbox, shut the box, and spin the combination around to random numbers. If keys are not returned to the lockbox when the premises are vacated, a charge of $150.00 may be assessed for re-keying the property.
CLEANING
5 Cleaning Information: Guest(s) have paid a cleaning fee for a professional clean after Guest(s) leave. This covers normal housekeeping. Guest(s) are asked to do the following upon vacating the property:
1) Pick up all trash and bag it and place it in the trash can provided
2) Throw out all food and drink items as well as any personal items
3) Place all soiled dishes in the dishwasher and turn on the dishwasher to run
4) Remove all holiday decorations if you placed them in this rental
5) All furniture and other items must be returned to the same position they were in at check-in. (There is a $100 charge to haul away Christmas trees or other items that are left behind or to move furniture back to their original position if any pieces are moved). If the home is left excessively dirty Guest(s) will be charged for all actual costs that exceed the original cleaning allotment. This includes wine and dark juice stains, pet urine/hair, trash left unbagged, trash clutter around the home, dishes left out on countertops, etc. If the normal professional carpet cleaning cannot remove stains left in carpet or upholstery, it may result in carpet replacement paid for by Guest(s).
6) Wood Burning Fireplaces & Fire Pits: If Guest(s) uses the fireplace/firepit, then they are responsible for cleaning it out. There is a metal ash bucket provided to be used when cleaning. Guests are responsible for monitoring these amenities while they have anything burning in them and we ask that FIRES ARE NOT LEFT UNMONITORED. You are liable for all damage caused by your failure to properly use these amenities and dispose of the ashes. Do not burn anything in the fireplace or fire pit other than wood.
FINANCIALS - RENTS FEES & DEPOSITS
6 Reservation Payments and Charges: To reserve the property, advance rent of one-half (50%) of the total amount must be paid via Check, Visa, Mastercard, Discover, or American Express. The balance due will be automatically charged to a Guest(s) credit card 30 days prior to check-in. If a property is booked within 30 days of check-in, the entire amount must be paid in full to reserve the property. If the term is for multiple months, the monthly charge must be paid 30 days in advance of the month the rent is due. Any dishonored payment will result in the immediate cancelation of this Agreement and forfeiture of any deposit paid. Additionally, if it occurs while the Guest is staying at the property, an immediate lock-out will occur and the Guest is subject to removal by law enforcement.
7 Animal Policies: Only selected properties permit pets. If Guest(s) bring a pet, a $200 Non-refundable fee is charged per pet. Please adhere to all City, County, and HOA rules (including leash laws). Please get approval - see website for properties that allow pets to stay. Most properties do not allow pets. Service animals are permitted but must be disclosed. Note that in Arizona, it is a crime to claim that an animal is a service animal when it is not. Please note that all excess animal pet hair should be swept up and off of floors, counters, window coverings, linens, furniture etc. Cleaning animal pet hair is not considered “normal cleaning” and is the Guest(s) responsibility to clean up. All animal pet droppings must be picked up out of the surrounding landscaping areas of the home (there will be an extra clean-up charge if this is not done). If there is any indication that the animal has urinated on the carpets or upholstery, the Guest(s) will be charged for professional cleaning and deodorizing. If animal damage exceeds repair and/or remedy, Guest(s) will be liable for remediation and replacement.
If any unauthorized pet(s) is found in the property a $1000 penalty will be assessed to the Guest(s) per pet.
8 Accidental Property Protection Fee: Guest(s) is/are charged a Property Protection Fee. This cost is itemized under the Booking Fees Summary. Accidental damage to the premises covered by the Property Protection Fee is defined as loss caused by the Guest(s) inadvertent acts or omissions or by accident to the real or personal property of the Owner where the property is located within the vacation residence. Cleaning costs above the normal allocation for the property will be the responsibility of the Guest(s). Property Protection Fee does not cover gross negligence. Gross negligence is defined as a conscious and voluntary act or omission by the Guest(s) whereby this act or omission is both likely and foreseeable to result in damage to the real or personal property of the Owner. If the damage is excessive and extends beyond the coverage limits, Owner reserves the right to pursue other options for remedy including charging the Guest(s) credit card with supporting documentation and other legal avenues.
9 Damage Deposits: There may be instances where Foothills Property Management requires the Guest(s) to pre-pay a Damage Deposit. The Deposit is placed in a Trust Account, without payment of interest to the Guest(s). The Damage Deposit will be refunded by the "Agent" within 14 business days after the final check-out, providing the Guest(s) haven’t caused damage to the property and have complied with the terms of this contract. Minor mishaps are to be expected, however, negligent or willful damage to the premises or furnishings and/or removal of any private property from the rental unit, exceeding the damage deposit, shall be charged to the Guest(s) credit card and/or turned over to Collections Dept. for legal action. If Guest(s) have noticed anything that needs to be repaired or is damaged, they should contact our office immediately.
CANCELATION POLICIES
10 Cancelation Policy: ALL cancelation requests must be submitted IN WRITING.
Any issues created by weather, illness or injury of the Guest, governmental actions (including travel restrictions) shall not impact this Agreement. Guests are encouraged to purchase travelers/trip insurance.
An EARNEST DEPOSIT of 50% or (100% if booked within 30 days or less of check-in) of the total is required to reserve a property for a Guest(s) exclusive use during the period shown.
10a Cancelation 60 Days Prior to Arrival Date
If a reservation is canceled 60 days or more prior to the arrival date/check-in date, Guest will be charged a cancelation fee of 5% of the TOTAL BOOKING.
10b Cancelation 30-59 Days Prior to Arrival Date
If reservation is canceled 30-59 days prior to arrival, the EARNEST DEPOSIT of 50% is forfeit.
10c Cancelation within 29 Days Prior to Arrival Date
If reservation is canceled within 29 days of check-in, the FULL AMOUNT OF THE RENTAL is forfeit.
- Subletting, Contracts, Transfers etc. The property may not be assigned, sublet or transferred by the Guest(s) without the prior consent of the Agent. Should Guest(s) sublet without Owner-Agent approval, they are subject to treble damages and attorney fees and are subject to a lockout if this is discovered during the stay.
- Maintenance of the Premises The Guest(s) agree to maintain the premises in a safe, clean, undamaged condition and will make no alterations without the consent of prior to the work being performed, or the repair charges will be the responsibility of the Guest(s). Guest(s) agree to keep the interior and exterior of the property free of debris. Guests are required to properly dispose of their trash and are responsible for any pest issues created by their occupancy. Guests need to be aware that the presence of bedbugs has become a growing problem and that they can accidentally be exposed to that issue when they travel. As such, all Guests are required to ensure that they take appropriate steps to inspect their luggage and other possessions prior to bringing their possessions onto the premises. Guest(s) agree not to make vehicle repairs on the premises that will render the vehicle inoperable for a 24-hour period or cause oil or gasoline stain damage to the property. Guest(s) agree to use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and/or heating systems. Guest(s) agree to not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so. Guest(s) agree to leave the furniture in place and not move any furniture. If the furniture is moved, the Guest(s) will be charged for costs charged to move it back to its original position. Smoke alarms are provided and maintained for Guest(s) safety. Guests shall not allow any flammable items to be on the premises, including but not limited to fireworks, candles, gasoline, etc. Guest(s) understand that in an emergency situation, Foothills Property Management and any accompanying vendors will enter the property. Guest(s) agree to report any issues, including any pests, and to allow all necessary maintenance repairs needed during their stay and will not interfere with assigned vendors. Doors and windows must remain closed when there are weather conditions that could cause damage to the premises. Guests are responsible for taking all reasonable steps to ensure the premises are protected from criminal activity and agree to ensure the premises are locked and secure when they are away from the premises during their stay. Failure to comply with the terms of this Agreement which subsequently causes any financial harm to the Owner or Agent remains the sole responsibility of the Guest. The use of drones is expressly prohibited.
11 Parking/Recreation Vehicle Restriction: Guest(s) agree to park their vehicles in the spaces assigned to the premises. You will be provided that specific instruction at the beginning of your stay. No recreational vehicles (ie. RVs, trailers, boats, etc.) will be parked at the property at any time during Guest(s) stay. Any vehicle parked illegally is subject to towing at the vehicle owner’s expense.
12 Peaceful Enjoyment - Neighborly Behavior – County, City & HOA Rules: Guest(s) agree to respect the quiet enjoyment of the neighbors in all surrounding areas and will not entertain with parties, receptions, etc. All communities have noise ordinances and Guests are required to comply with those rules. Guest(s) will be charged at the rate of 150% of the owner's, and/or agent's cost of all additional costs and/or penalties incurred. If there are CC and Rs (Homeowner rules for the property) Guest(s) agree to obey all rules and policies of the complex. A Summary of those rules and policies may be left at the property so that the Guest may become familiar and ensure compliance. No noxious odors are permitted and the removal of any odor that impacts the premises will be charged to the Guest.
13 Unauthorized Parties: Only the maximum person per property is permitted to stay in the home that is advertised. Large parties, reunions, receptions, weddings or any other type of gathering that goes over the allotted amount of guests authorized for the home is not permitted. If there are any unauthorized parties in the home you will be subject to a fee of $2000.00, no exceptions, and are subject to lockout if discovered during the stay.
14 Notices and Inspections: All notices from either Guest(s) or the Agent must be in writing and sent by regular mail, certified mail or personally delivered, as required by law. It is understood and agreed that the Agent shall have the right to enter and inspect premises at all reasonable times to ensure the maintenance and safety of premises (within reason). Except in the case of an emergency or where notice to inspect is impractical, the Guest(s) will be given a 48-Hour Notice to Inspect the Premises. No notice will be necessary to enter the premises and perform the repairs requested by the Guest(s).
15 Occupancy Limitation: Guest(s) agree that the number of registered occupants should not exceed the maximum occupancy designated in the online property description. If the number of occupants exceeds the limit, written approval must be submitted, and an extra charge may be assessed.
16 Failure to Deliver Possessions: Guest(s) also understand that the Agent has no control over the current Guest(s) in possession of the home, acts of nature, government actions, and/or the owner’s actions. If said property cannot be provided to the Guest(s) as agreed upon due to circumstances beyond the control of the Agent, monies paid will be refunded in full or the Guest(s) may agree to be moved to an available property of like-kind value. This includes but is not limited to, situations where the property is damaged, becomes uninhabitable, legal ownership changes, or when there are changes in the government regulations on vacation rentals that may impact this property. The parties agree that these specific remedies are the sole remedies if possession can not be delivered to Guest.
16 Swimming Pool and/or Hot Tub: Guest(s) understands and agrees if a swimming pool or hot tub is on the property, the Guest(s) assume any and all liability and risks associated with the pool and/or hot tub. Neither the Agent nor the Owner imply or provide any guard or supervision of the use of the facilities. If the property has a hot tub it is for ADULTS ONLY per the manufacturer’s instructions.
17 Maid Service: Guest(s) are charged for a professional cleaning fee to be done upon exit. Maid service is not provided during occupancy but referrals for cleaning vendors can be requested from Foothills Property Management. Payment arrangements are to be worked out between the cleaning vendor and the Guest(s).
18 Smoking: All of Foothills Property Management’s vacation rentals are NON-SMOKING (this includes cigarettes, vaping, and any form of marijuana). If upon a departure inspection, there is evidence that Guest(s) have smoked in the unit, they will be charged a $2000 penalty and will be financially liable for a full remediation of property; including, but not limited to: carpet and upholstery cleaning, deodorizing, ozone machine costs, wall painting, etc.
19 Utilities: All utilities are provided by Owner. All utilities must be used reasonably, without any waste, and for the sole residential use during the Guest stay. If the Guest chooses to use a streaming service for their entertainment, it is their sole obligation to remove that code at the end of their stay.
Property Phone: Some property owners provide a telephone for local calls. It is a toll-restricted phone.
No compensation will be given for outages of electricity, gas, water, cable, internet or telephone services. Outages should be reported immediately and all efforts will be made to have them restored as soon as possible. These are out of the management and owners' control but Foothills will follow up with utility companies to get them back on or to diagnose the outage.
20 Indemnity: Guest(s)agree to save the Agent and the Owner harmless from any and all claims, losses, demands, or other liability whatsoever for any damage or injury however, any act of commission or omission of the Guest(s), guests, invites or any person concerning the property.
21 Waiver: Except as otherwise herein provided, either party’s waiver of any breach of these contractual terms shall not be deemed to be a waiver of any such breach on a subsequent occasion, and the failure of either party to insist on the performance of the terms and conditions of this contract shall not constitute a relinquishment of such party’s right thereafter to enforce such term or condition, but the same shall remain in full force and effect. Should any provision or condition or any part of this contract be determined unenforceable or illegal, the remaining terms and conditions shall remain in full force.
22 Benefits: All rights given herein to the Agent shall also extend and insure to the benefit of the Owner or to any person designated by the Owner or the Agent as the recipient of said rights and their respective assigns or successors in interest.
23 Default: Failure of either Guest(s) or Agent to fully perform these contractual terms in any manner shall entitle either party to take all actions against the defaulting party as shall be provided by law. Neither party shall be deemed to have waived any existing or future right or remedy taking such action. All costs, attorney fees, and other expenses of enforcing this contract shall be paid to the prevailing party by the losing party, including collection fees. The Agent will not be held responsible for the renting of this unit on an unseen basis. If not satisfied with the renting of the unit, we will help accommodate Guest(s) with other arrangements, but cannot guarantee a refund and/or transfer of rent or deposit money. This Agreement is not a lease and does not confer any rights as a tenant. This Agreement is not subject to the ARLTA even if the Guest stays for a longer period of time than the traditional vacation stays or receives mail at the premises. Guest are subject to immediate lockout for breaching this Agreement in any material manner. All parties hereby waive their right to a jury trial and to participate in any class action against the other party.
24 Designation of Management: The Agent is authorized to act for and on behalf of the Owner for purposes of service of process and for receiving or giving notice of demands. To be effective, all notices and other communications should be in writing and personally delivered during business hours or mailed by certified mail to the Agent at the above address.
25 Late Fees and Penalties: Guest(s) understand and agree that if the payment is not received in the full amount, the Agent, regardless of the cause including dishonored checks/payments, late payment processing charges will be accessed and charged at $300 each month late payment is received, plus in addition a late charge of $25.00 per day, each day rent payment is not received in full after the due date of each month if this Agreement is for a longer stay. Guest(s) also understand and agree that there will be an additional charge of $200 for any dishonored payment regardless of reason, and, if applicable, any future payment made to Agent shall be in MONEY ORDER or CASHIERS CHECK ONLY. Partial payments owed will NOT be considered payment in full of any amount owed, any unpaid balance less than the amount owed, any unpaid balance less than the amount owed on the due date stated in the short term vacation contract shall be deemed late and subject to the late fee and penalties stated herein.
26 Illegal Activities: Guest(s) shall not engage in criminal activity or intention to facilitate criminal activity, including drug-related criminal activity, inside or on the said Premises. “Drug-related criminal activity” means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use of a controlled substance (as defined in Section 102 of the Controlled Substance Act {21 U.S.C.802}). Guest(s) or another person under the Guest’s control shall not engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of a controlled substance as defined in I.C. Title 37, at any locations, whether on or near the dwelling unit Premises. Guest(s) or another person under the Guest’s control shall not engage in any illegal activity, including prostitution as defined in I.C. 18-5613, human trafficking, criminal street gang activity, threatening or intimidating other residents, assault as prohibited in I.C. 18-901 including but not limited to the unlawful discharge of firearms on or near the Premises, or any breach of the rental agreement that otherwise jeopardizes the health, safety and welfare of the Agents, Owner, neighbors, or other guests or involving imminent or actual serious property damage, as defined in I.C. 18-7001. Any violations may result in immediate lockout of the Guest(s) and termination of this Agreement.