Terms & Conditions
TERMS & CONDITIONS: LEASE CONTRACT TERMS & OBLIGATIONS
1 Contractual Obligations:
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 Tenant/Resident/Guest (Hereafter referenced as "Tenant") reserving this property, with the Intent to Create a Tenancy. If more than one Tenant(s) agree to these terms, each shall be jointly and severally liable for all of the terms, conditions and provisions detailed here.
1a Traveler’s insurance:
Highly recommend that Tenants purchase Travelers Insurance especially for advanced bookings. Traveler’s insurance reimburses trip costs and financial obligations under the lease if you have to cancel you trip in event of an emergency.
2. KEYS & CHECK-IN & CHECK OUT INFORMATION
Some properties require picking up keys at the Foothills Office and others have a keyless entry system that will permit Tenants to go directly to the property. Instructions will be emailed in the Move In Instructions 1-5 days prior to check in.
2a Check-Ins: Key Pick at the Foothills Property Mgt Office after 4:00 p.m. on date of Check In.
Foothills Property Management Office
1615 West State Route 89A (Right next to the Red Planet Diner)
Sedona, Arizona 86336
For a Tenant(s) convenience a LOCK BOX containing a move-in packet with keys, written directions and a map has been provided so that they are readily assessable to Tenant(s) during business and non-business hours.
Tenant(s) will be provided a 4 digit code to access this lock box. The lock box is located at our office to the RIGHT of the front door as Tenant(s) are facing the building from State Route 89A.
2a1 Check-Ins: Key Code for Keyless entry to the Property at 4:00 p.m. on date of Check In.: Instruction will be emailed with the Access Code and directions to the property in the Move-in Instructions
Early Check In Fee: We cannot always accommodate early check-ins. If requested, there is a $25.00 Early Check in Fee.
2b Restrictions: Keys will NOT be released unless payment terms are satisfied and all required information submitted and “Terms & Conditions” agreed to, via Tenant response.
Keys returned to the Foothills Property Mgt Office Before 10:00 am on date of Check Out
Foothills Property Management Office
1615 West State Route 89A (Right next to the Red Planet Diner)
Sedona, Arizona 86336
Keys are to be left at the Foothills office. There is a drop slot to LEFT of the front door as Tenant(s) are facing the building from State Route 89A. It is a metal half-moon push slot cut into the window.
Penalty for Unapproved Late Check Out: $250
Penalty for not returning keys to Foothills’ Office:
Keys must be returned to the Foothills Office by 10:00 am. The Unit should be locked and the keys left at the Foothill’s Office front desk or drop slot during non- business hours. If keys are not returned when the premises are vacated, a charge of $150.00 will be withheld for re-keying the property from any refund due to the Tenant(s) or charged to the Tenant(s) credit card
Keyless Entry: Make sure the door is locked
3 Cleaning Information:
Tenant(s) have paid a cleaning fee for a professional clean after Tenant(s) leave. This covers normal housekeeping. Additional cleaning fees will be charged for rentals over one months. Tenant(s) are expected 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 items and personal items
3) Place all soiled dishes in the dishwasher
4) Strip beds and pile bed and bath linens for the cleaning vendor
5) Remove all holiday decorations
6) All furniture and other items must be returned to the same position they were in at move in. (There is a $100 charge to haul away Christmas trees 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 Tenant(s) will be charged for all cost that exceed the original cleaning allotment. This includes wine and dark juice stains, pet urine and etc. If the normal carpet and spot cleaning cannot be removed may result in carpet replacement by tenant.
Pet owners please note that all excess pet hair should be swept up and off of floors, counters, window coverings, furniture etc. Cleaning pet hair is not considered “normal cleaning”
FINANCIALS - RENTS FEES & DEPOSITS
4. Rents, Fees and Deposits:
Vacation Rentals that are one month or more : Additional cleaning fees of $50-$100 per month will be assessed
Vacation Rentals that are 6 months or more: Security deposits are pre-paid in an amount equal to 1-1/2 months’ rent up front. Increased cleaning deposit $350 Refundable and the normal Non-refundable Cleaning Fee. Rent continues to be collected and paid one month in advance. Inspection every 2 months. Minimum pet deposit of $350.
4a Reservations and Payments:
Payments and Charges: In order to reserve the property, advance-rent of one half (1/2) of the total rent and fees amount must be paid via MC or Visa. The balance due will be automatically charged to a Tenant(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.
4b Master Card/Visa/Discover: To book on-line, a credit card payment (Master Card ,Visa & Discover Only) is required. Any other type of payment arrangements must be cleared with the Foothills office by calling 1-800-369-7368 ext 2 or 6.
4c Rent: The rent amount for the property selected has been disclosed in the online description and/or financial summary.
4d Reservation Fee: $35.00-$500.00 Non Refundable Fee
4e Cleaning Fee: $200-$1500 Non Refundable Fee cleaning fee is charged. The price is pre-set based on property size and occupancy capacity. For all rentals over one month an additional $50 per month cleaning fee will be assessed
5 Pet Fees & Pet Policy: Only selected properties will permit pets. If Tenant(s) bring a pet, a $200 Non Refundable fee is charged per pet if multiple pets are authorized. If there is any indication that the pet has urinated on the carpets or upholstery, the Tenant(s) will be charged for professional cleaning and deodorizing. If pet damage exceeds repair and/or remedy, Tenant(s) will be liable for remediation and replacement. There will be additional charges if there is excessive animal hair on carpets & furniture.
Unauthorized pets If Tenant(s) or their guest bring in an unauthorized pet there is a $1000 penalty per pet
Note: it is tenant responsibility to clean up pet hair. This does not fall under a normal clean. Please note that Sedona has leash laws. Additionally, you must clean up after your pets on the property and in most areas of the city. Any fines with regard to pets will be the responsibility of Tenant(s). A $1000 fee will be charged for pets not disclosed prior to check-in whether they belong to the tenants or tenant’s visitors or guests and appropriate cleaning or damages from pet will be assessed.
6 Accidental Damage Protection Fee: Tenant is charged a Property Protection Fee of $100.00. This cost is itemized under the Booking Fees Summary. Damage to the premises covered by the Property Protection Fee is defined as loss caused by the Tenant(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 Tenant(s). Property Protection Fee does not cover gross negligence. Gross negligence is defined as a conscious and voluntary act or omission by the Tenant(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 damage is excessive and extends beyond the coverage limits, Owner reserves the right to pursue other options for remedy including charging the Tenant(s) credit card with supporting documentation and other legal avenues.
6a Security Deposits There may be instances where Foothills Property Management requires the Tenant(s) to pre-pay the Security Deposit prior to booking. In those instances, (generally long term leases exceeding two months) or high end properties, Tenant(s) agree that the Security Deposit will not be used as a credit for rent or late charges owed, prior to the expiration or termination of the contract. Foothills Property Management, Inc. herein known as "Agent" is authorized to place the Security Deposit in a Trust Account, without payment of interest to the Tenant(s). The Security Deposit in a Trust Account, without payment of interest to the Tenant(s). The Security Deposit will be refunded by the "Agent" within 14 business days after the final move-out, as provided by the Residential Landlord Tenant(s) Act., providing the Tenant(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, shall be charged to the Tenant(s) credit card. If Tenant(s) have noticed anything that needs repaired, attention or is damaged, they should contact our office immediately.
INFORMATION REQUIREMENTS FOR RENTERS
7 Renters Information Requirements: To secure a reservation renters must provide
Date of Birth
Driver's License # and State of issuance: Tenants may be required to submit a clear photo copy of their Driver’s License or State ID: It can be Faxed: 928-282-6935 or scanned to [email protected] Make sure your reservation number is on the photo copy. Non US citizens are required to submit a copy of their passport.
7a Non-US Citizens – Tenants-Residents & Guests All Tenants/Residents and Guests who are not US Citizens must provide a copy of their passport. It can be Faxed: 928-282-6935 or scanned to [email protected]
8 Cancelation Policy: ALL cancelation requests must be IN WRITING.
An EARNEST DEPOSIT of 50% or (100% if booked within 30 days or less of check in) of the rent plus fees is required to reserve the above unit for a Tenant(s) exclusive use during the period shown.
8 Cancelation 90 Days Prior to the Lease Start Date
Reservations must be canceled at least 90 days or more prior to the lease start date (arrival date). Tenant will be charged a cancelation fee in the amount of the Earnest Deposit listed above. The Earnest Deposit is non-refundable if reservation is canceled within 89 days of arrival.
8a Cancelation 1-89 Days Prior to the Lease Start Date
If reservation is booked within 89 days of move in, ALL monies are forfeited if it is canceled. The Tenant(s) will forfeit the Rent Amount and fees. Tenant(s) understand that if for any reason, they decide not to rent said property as agreed upon including the fact that they might not have had the opportunity to visually inspect said property or acts of nature, Tenant may forfeit their total Earnest Deposit.
PREMISES: TENANT-RESIDENT-GUEST OBLIGATIONS:
9. Subletting, Lease Transfers etc. The property may not be assigned, sublet or transferred by the Tenant(s) without the prior consent of the Agent. Should Tenant(s) sublet without Owner--Agent approval, they are subject to treble damages and attorney fees
10 Maintenance of the Premises The Tenant(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 Tenant(s). Tenant(s) agree to keep the interior and exterior of the property free of debris. Tenant(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. Tenant(s) agree to use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and/or heating systems. Tenant(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. Tenant(s) agree to leave the furniture in place and not move any furniture. If furniture is moved, the Tenant(s) will be charged for costs charged to move it back to its original position. Smoke alarms are provided for Tenant(s) safety. Please test each to insure each are working properly.
11 Recreation Vehicle Restriction Tenant(s) agree that no recreational vehicles (ie. RV’s, trailers, boats etc.) will be parked at the property at anytime during Tenant(s) occupancy.
12 Peaceful Enjoyment -Neighborly Behavior – HOA Rules Tenant(s) agree to respect the quiet enjoyment of the neighbors in all surrounding areas and will not entertain with parties, receptions, etc. Tenant will be charged at the rate of 150% of theowners, and/or agents cost of all additional costs and/or penalties incurred. If there are CC and Rs (Homeowner rules for the property) Tenant(s) agree to obey all rules and policies of the complex.
Unauthorized Parties: Only the maximum person per property is permitted to stay in the home which 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. You may request permission from the staff at Foothills Property Management which additional fees/deposits may be required. If there are any unauthorized parties in the home you will be subject to a fee of $2000.00, no exceptions.
13 Notices and Inspections – Move out, Sale, Inspection & 48 Hour Notice etc: All notices from either Tenant(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 insure the maintenance and safety of premises, and to show the premises to prospective Tenant(sIf the property is sold, the Tenant(s) are to have a written 30 Day Notice from the Agent. Except in the case of emergency or where notice to inspect is impractical, the Tenant(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 Tenant(s). If Owner or the Agent) should decide to cancel this contract, it must be done in writing at least 30 days or more of occupancy.
14 Occupancy Limitation: Tenant(s) agree that the number of registered occupants should not exceed the number designated in the online property description. If number of occupants exceeds original contract, written approval must be submitted, and extra charge of $100 per day may be required. Tenant(s) also understand that the Agent has no control over the current Tenant(s), acts of nature, and/or the owner’s actions. If said property cannot be rendered to the Tenant(s) as agreed upon due to circumstances beyond the control of the Agent, monies will be refunded (ie the entire Earnest Deposit) or the Tenant(s) may agree to be placed in an available property with similar features.
15 Swimming Pool and Hot Tub: Tenant(s) understands and agree if a swimming pool is on the property, the Tenant(s) assume any and all risks associated with the pool and neither the Agent nor the Owner imply or provide any guard or supervision of the use of the pool. If the property has an outdoor hot tub it is for ADULTS ONLY !
16 Maid Service: Tenant(s) are charged for a professional cleaning upon exit. Maid service is not provided during tenancy but referrals for cleaning vendors can be requested from Foothills Property Management. Payments arrangements are to be worked out between the cleaning vendor and the tenant.
17 Smoking: All of Foothills Property Management’s vacation rentals are NON-SMOKING. If, upon an exit inspection, there is evidence that Tenant(s) have smoked in the unit, they will be charged a $2000 penalty and will be liable for a full carpet, upholstery and wall cleaning and deodorizing.
18 Utilities – Phone -Utility Caps:
Property Phone: A telephone is provided for local calls. It is a toll restricted phone.
Utility Cap: There is a Utility cap for every property for consumable utilities i.e. gas, propane, water and electric. If the combined utilities (gas, propane, water, electric) exceed the amount designated for the property, the Tenant(s) will be responsible to pay the excess. A Tenant(s) credit card will be charged if the combined utilities exceed a Tenant(s) allotted amount per month.
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.
19 Indemnity: Tenant(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 Tenant(s), guests, invites or any person concerning the property.
20 Waiver: Except as otherwise herein provided, either party’s waiver or any breach of these contractual terms shall not be deemed to be a waiver or 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.
20a Benefits: All right 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.
21 Default: Failure of either Tenant(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 losers, 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 unit, we will help accommodate Tenant(s) with other arrangements, but cannot guarantee a refund an/or transfer of rent or deposit money.
22 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 give 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.
23 Late Fees and Penalties: Tenant(s) understand and agree that if rent payment is not received in the full amount, the Agent, regardless of the cause including dishonored checks, 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. Tenant(s) also understand and agree that there will be an additional charge of $200 for any dishonored check regardless of reason, any future payment made to Agent shall be in MONEY ORDER or CASHIERS CHECK ONLY. Partial payments of rent 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 rental contract shall be deemed late and subject to the late fee and penalties stated herein.
24 Illegal Downloading What does "DMCA" stand for? "DMCA" stands for Digital Millennium Copyright Act. It is a federal law that seeks to balance the rights of owners and users of copyrighted digital
To avoid legal liability when customers repeatedly infringe copyrights, internet services providers like Suddenlink must, according to the DMCA,implement a notification and termination policy.
Of course, we do not want to terminate the service of any customer, which is why we forward notices that we receive from copyright owners to our customers so they can either take steps to stop the noted sharing or posting of copyrighted file. Or if they believe the notice is in error, they can contact the copyright owner and dispute the claim.
Copyright infringements that might affect Suddenlink customers.
Under the DMCA, there are two types of copyright infringement claims that may affect Suddenlink customers: The first and most common type involves the illegal transfer or sharing of copyrighted materials over Suddenlink’s network. The second type involves the illegal placement or posting of copyrighted materials on Suddenlink servers or hosted websites. Allegations of unlawful transfer or sharing of copyrighted materials
Notification process for illegal transfer or sharing of copyrighted material
While the specifics may vary from one individual to the next, the steps in the notification process for illegal transfer or sharing of copyrighted material generally follow this pattern:
An owner of copyrighted material detects what it considers to be the illegal sharing or posting of copyrighted materials by an IP (Internet Protocol) address associated with Suddenlink.
The copyright owner, under penalty of perjury, notifies Suddenlink of the suspected activity, identifying the material in question, the IP address, and the date and time of the offense.
Suddenlink checks its records to determine which customer was assigned the IP address in question on the date and time of the alleged copyright infringement.
Suddenlink does NOT share the customer’s name or any other personal information with the copyright owner. Instead, Suddenlink notifies the customer of the allegation in the following manner: When opening an Internet browser, the affected customer is directed to a Suddenlink-created Web page, which the customer is required to read and acknowledge before visiting other Web pages or sites.
After reading and acknowledging the notification, the customer decides how to proceed: by taking no further action; or by disputing the notice; or by deleting the questionable files and securing his/her computer.
Customers who receive but choose to ignore multiple DMCA notices from Suddenlink may have their Internet service terminated. However, Suddenlink does NOT have a rigid, one-size-fits-all termination rule. Instead, we treat each case individually