Rental Agreement

Welcome and thank you for booking your vacation rental through CASA ENSUEÑO.

Please be sure to read this rental agreement (the “Agreement”), and additional rules, policies, terms and conditions that apply to your stay in Casa Ensueño.

By booking with us, you are acknowledging and agreeing to each of the above-described terms and conditions, as well as the following:

‍BOOKING TRANSACTION. This Agreement is between Casa Ensueno, LLC. (“Casa Ensueño”), acting on behalf of and for the benefit of the owner of Casa Ensueño (your “Host”), and the individual completing this booking transaction for Casa Ensueño (“you” or “Guest”). You agree that you will be present at Casa Ensueño for the entire duration of the reservation and that you will be responsible for the actions and behavior of each individual present at Casa Ensueño during your stay. This includes ensuring each individual in your party or otherwise present at Casa Ensueño is aware of and in compliance with the terms identified in this Agreement.

‍PAYMENT TERMS & CANCELLATION. The total amount due, including the base rates, taxes, and fees will be emailed to you in a confirmation email. A portion of your total payment may be due upon booking, as indicated in the “amount to be charged now” line. The balance is due prior to arrival within the schedule indicated on the reservation confirmation. 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.

‍HOUSE RULES & POLICIES. These rules can be found on our website or will be 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 Casa Ensueño without refund. All stated house rules are established by the Host and CASA ENSUEÑO is not authorized to make exceptions to these rules. Further, violation of any law or ordinance by any individual at Casa Ensueño during your reservation will result in the immediate removal of you and other members of your party from Casa Ensueño without refund.

‍ARRIVAL DETAILS & CHECK-IN/CHECK-OUT. Once your booking has been paid in full, you will receive an email with your primary contact for your stay. Check-in and check-out times will be communicated to you at least 10 days prior to your arrival, unless otherwise set forth by Casa Ensueño. If you or any member of your group fails to vacate Casa Ensueño at the designated check-out time, you grant CASA ENSUEÑO the right to charge you for an additional night. Further, CASA ENSUEÑO, 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 Casa Ensueño.

‍MAXIMUM OCCUPANCY. The maximum number of people that may occupy Casa Ensueño is eight (8). For clarification, this number applies to all overnight guests, day visitors and children. Unless otherwise approved by the House Manager or Host, occupancy over the indicated capacity may result in the immediate removal of you and other members of your party from Casa Ensueño and forfeiture of all amounts paid.

‍HOST ACCESS. You agree to allow your Host, and/or their agents reasonable access to Casa Ensueño during your stay if requested. Such access may be necessary to resolve maintenance related issues you report. In the event of an emergency, Casa Ensueño may be accessed without prior notice or permission.

‍CLEANLINESS. You are expected to treat Casa Ensueño 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 Casa Ensueño in a clean, neat, and orderly condition and respect Casa Ensueño’ requests regarding check-out procedures.

‍FORCE MAJEURE. In the event your stay at Casa Ensueño becomes impossible for any reason outside CASA ENSUEÑO’s control, including natural disasters, fire, evacuation orders, or other acts of government agencies, CASA ENSUEÑO may choose to cancel your booking and issue a partial or full refund or booking credit of the amounts paid to CASA ENSUEÑO. For purposes of clarification, no refund or credit is due (or will be made) to you for inclement weather unless CASA ENSUEÑO initiates the cancellation. You and your invitees must comply with any mandatory evacuation order.

‍INDEMNIFICATION & HOLD HARMLESS, ASSUMPTION OF RISK. You agree to indemnify and hold harmless Casa Ensueño and CASA ENSUEÑO, for any liabilities, damage, cost or expense whatsoever arising from or related to any claim in connection with your use and/or occupancy of Casa Ensueño, 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 Casa Ensueño during your stay. You and anyone using Casa Ensueño 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.

‍ATTORNEY’S FEES & COSTS. If Casa Ensueño employs the services of an attorney or attorneys to enforce any conditions of this Agreement, you shall be liable to Casa Ensueño or your Host, as applicable, for reasonable attorney’s fees and costs incurred.

‍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.

‍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 Casa Ensueño 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 Casa Ensueño or any part of it and shall not assign any interest (in whole or in part) to this Agreement or any rights hereunder.

‍MEDIATION & ARBITRATION. If you have a dispute that arises from or relates to this Agreement or Casa Ensueño, 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 CASA ENSUEÑO 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 CASA ENSUEÑO or the Host. Judgment on any award rendered in such arbitration can be entered in and enforced by any court having jurisdiction.