Guest Confirmation Agreement:
(Terms and Conditions)
1.Check-In: Check-in begins at 4:00 PM. Instructions for accessing your property will be emailed to you once we receive a signed Guest Confirmation Agreement from you.
2. Checkout Time: Checkout is no later than 11:00 AM on the departure date. A number of our properties (not all) are on a keyless entry system. For properties that have keys, there will be a $95 charge for keys that are not returned.
3. Reservation Deposit & Payment: CivMor Stays requires a "Reservation Deposit" of 1/3 (33%) of the total to hold an advance reservation if the reservation is made 30 or more days prior to arrival. The Reservation Deposit is payable immediately. If payment is not received immediately, the booking can be canceled without notice. The remainder of the payment is due in full 30 days in advance of check-in. CivMor Stays will charge the credit card on file. If funds are not available, the reservation can be canceled under the cancellation terms indicated below.
4. Property Inspections: All problems, including inadequate cleaning and damage, must be reported in writing to CivMor Stays within 24 hours of check-in for prior guest to be held responsible. CivMor Stays reserves the right to enter premises at any time for the purpose of effecting necessary inspections, repairs or maintenance.
5. Vacation Rental Damage Protection: This Vacation Rental Damage plan covers unintentional damages to the rental unit interior that occur during your stay, provided they are disclosed to management prior to check-out. The policy will pay a maximum benefit of $1500.00. Any damages that exceed $1500.00 will be charged to the credit card on file. If you damage the real or personal property assigned to your rental accommodation during the trip, the licensor will reimburse the lesser of the cost of repairs or Actual Cash Value of the property, up to $1500.00. Certain terms and conditions apply. By submitting payment for this plan, you authorize and request licensor to pay directly any amount payable under the terms and conditions of the Vacation Rental Damage. Lost or unreturned keys/garage openers may result in a $95 charge to the credit card we have on file.
7. Notification: It is Licensee's sole responsibility to inspect the Property upon arrival. In addition to inspecting the smoke detectors, Licensee agrees to inspect the entire Property to ensure that it is free of hazards, and properly equipped. Licensee assumes the entire risk of injuries arising from use of the Property. Licensee will ensure that the Property has a secure shower or bath tub mat, and that the Licensee takes reasonable measures to prevent slips in the bathroom, on staircases, steps, on balconies, and throughout the Property. Licensee agrees to take a higher degree of care in the use of the Property because of the age of the structures on the Property.
7. Occupancy: The maximum number of registered guests allowed in CivMor Stays properties are as follows: 1 Bedroom apartment, 6 guests; 2-bedroom apartment, 8 guests. Children over the age of 2 are counted. Overcrowding or misrepresentation is grounds for immediate revocation of the license to the Property, and removal of Licensee without refund. Only the number of people stated in the reservation are allowed in the property. If more people than are stated in the reservation are present, a fee of $25/person/day will be assessed; the credit card on file will be charged.
Visitors are not permitted in the property without express written consent of CivMor Stays and permitting that the total number of persons over the age of 2 does not exceed maximum allowed and that said visitors vacate the property prior to 10 pm. each day. The Licensee is the person who will occupy the Property. Parents may not book Properties for their children. The Licensee must be present at the Property for the time of the reservation and take full responsibility for the Property. Small children are the responsibility of the Licensee. Some Properties are generally older, and not necessarily "child safe." Children should not roam free on balconies; climb on furniture; hang out of windows; or engage in other unsupervised activities. Some units are not fit for children under certain ages due to expensive and/or delicate furnishings and balconies with wide openings on the guard rail. Use is at your own risk. Licensee takes full responsibility for all lost or broken items, and any damages to the Property of any kind.
8. Restrictions on Property Use: Licensees are prohibited from engaging in any unlawful activity or any other activity that constitutes a nuisance. Violation of this provision will result in immediate eviction without refund, and licensee will be held liable for any damages to the Property, contents and grounds. Contractual Agreement with Owner requires CivMor Stays to only rent to legally and financially responsible persons over the age of 25. No parties are permitted in any property managed by CivMor Stays. Violators will be removed from the Property immediately and prosecuted for damages and losses.
9. Pets: No Pets are allowed on the property at any time without the prior written consent of CivMor Stays. Violation of the "no pets" stipulation is grounds for immediate removal without refund.
10. Smoking Prohibited: All properties are non-smoking properties and any form of smoking is prohibited inside the properties. Violation of the "smoking prohibited" stipulation is grounds for immediate removal without refund and additional fees.
11. Personal Property Loss: Licensees are solely responsible for personal property left in or about the Property. CivMor Stays shall not be held liable under any circumstances for any damages to, or loss of property, theft, vandalism, or the use of or injury of any kind. If items are found in the unit following a guest departure, CivMor Stays will hold the items for 48 hours. If items are not claimed in that time, they will be donated or disposed of.
12. Returned Checks: Licensee will pay a $50.00 returned check fee on each check returned to CivMor Stays by Licensee's bank.
13. Cancellations and Changes in Reservations: Cancellations must be made 30 or more days prior to scheduled arrival in writing to receive refund of your deposit, less a $100.00 charge, and forfeit the reservation fee. If a reservation is canceled between 21 and 30 days prior to your scheduled arrival, you will receive a refund of moneys paid, less a cancellation fee of $300.00 per week booked, and forfeit your reservation fee. With less than 21 days' notice you will forfeit the full amount of the reservation unless the Property is re-rented for the entire length of the stay at full price. If you are a "no-show," you will forfeit the full amount of the reservation. We do not give credit for early departures or for inclement weather. If a change in reservation is requested, CivMor Stays will make reasonable effort to accommodate the change, and assessed the appropriate fee as stated above.
14. Subletting and Assignment: Licensee may not sublet, sublicense or otherwise grant any rights to the Property. Licensee may not assign the agreement without CivMor Stays prior written consent.
15. Property Use: The Property may not be used for any activity in violation of local, state or federal laws, or Arizona Insurance rules and regulations.
16. Attorney's Fees: If CivMor Stays and/or Owner consults legal counsel or a professional collection service, for collecting any amounts due to CivMor Stays and/or Owner under this Agreement. Licensee shall be responsible for all costs of litigation and/or collection in case of such, including actual attorney's fees.
17. Limitations on Rental: CivMor Stays and or Owner will not be liable for circumstances beyond their control, including but not limited to appliances or air-conditioning/heating failure, other mechanical failure, unfavorable weather, disruption of utility services including cable television, Internet, streaming services, etc. There will be no relocation, rental pro-ration or refund in the event of such circumstances. In the event CivMor Stays is unable to deliver the Property to Licensee because of property sale, property owner decision, fire, mandatory evacuation, eminent domain or Acts of Nature, or if the property is unavailable because of construction delays or lack of utilities, Licensee agrees that CivMor Stays's sole liability, as a result of any of these conditions, will be a full refund of all payments tendered by Licensee. Licensee and CivMor Stays agree that in case of double booking or occupancy by Owner, Licensee will be ONLY entitled to a full refund of all monies previously tendered by Licensee. If CivMor Stays is able to relocate Licensee, Licensee agrees to pay the difference in rental amount, should Licensee accept alternate accommodations. Licensee expressly acknowledges that in no event will CivMor Stays be held liable for any other condition out of the control of CivMor Stays or the Owner, or for any incidental or consequential damages, including but not limited to, expenses that result from moving or for any other losses.
18. Tenancy: The Licensee acknowledges that this is NOT a tenancy for the Property. The Property is not rented for more than 30 days, and is taxed and treated as a transient occupancy, akin to hotel accommodations. Property laws do not apply to the license granted herein, and the Licensee may be removed as a trespasser immediately upon termination of this license. The Property is rented on regular short-term periods, and for a significantly higher rate than a non-vacation rental. Often a licensee is scheduled to begin a vacation in the Property on the same day as the check-out day of another prior licensee. If Licensee stays even one additional day, CivMor Stays would face significant logistical problems with the next licensee, including possible liability. As such, Licensee agrees to vacate immediately on the check-out day, at 11:00 a.m. Failure to do so will entitle CivMor Stays, in addition to all other remedies available to it, to: have Licensee ejected by law enforcement as trespasser; and to physically remove Licensee and all of Licensee's possessions from the Property, for which Licensee hereby grants permission and consent; and obtain damages and injunctive relief against Licensee.
19. Indemnification: Licensee agrees to release and indemnify CivMor Stays and Owner from and against all liability should anyone be injured upon the premises during the term of occupancy, resulting from any cause whatsoever, except in the case of personal injury caused by willful gross negligence on the part of the Owner or CivMor Stays.
20. Owner Changes: Every effort is made to ensure all information on the web site and other documentation is accurate and complete. However, CivMor Stays is not liable for errors, omissions, mistakes, price changes and any changes by the Owner in furnishings, equipment, bed arrangements and other accommodations.
21. Construction: CivMor Stays may not be held responsible for failure to disclose information regarding construction outside the property boundaries.
22. Parking: Under this agreement, Licensee is responsible for parking in their assigned space (if available) and holds sole responsibility for ensuring that they are parked appropriately. CivMor Stays is not liable for any parking fines incurred by licensee during their stay. In proper parking may result in towing at Licensee expense.
23. Relationship with Owners of Subject Property: It is hereby disclosed that CivMor Stays has a contractual relationship with the Owners as the Owners' agent. This contractual relationship employs CivMor Stays to forward information to the Owner, act according to Owner's directions and treat all parties honestly, fairly, and in good faith. All rentals are subject to confirmation by Owner. Licensee agrees that CivMor Stays will not be liable for damages caused by decision of the Owner.
24. Effective Date: Not withstanding anything to the contrary, this Occupancy Agreement is binding and effective when no signature is required, and Licensee's affirmative assent to the terms is expressed by Licensee's reservation of the unit. If Licensee desires to terminate this agreement due to lack of assent, he/she must do so within three days of the date the reservation was made. CivMor Stays receives a Reservation Deposit.
25. Governing Law: The terms and conditions stated herein will be interpreted by and governed under the laws of the State of Arizona and any action arising out of this agreement shall be litigated in the county of Maricopa, State of Arizona.
26. Attorney's Fees: In the event of any action or proceeding commenced by any party, the prevailing party in such action or proceeding shall be entitled to recover from the other party all cost and expenses thereof, including actual attorney's fees and cost.
27. Invalid Provisions: If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance hereof. Furthermore, in lieu of such illegal, invalid, or unenforceable provision there shall be added automatically as a part of the Agreement a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and still be legal, valid, or enforceable.
28. Entire Agreement: This Agreement sets forth the entire understanding of the parties and supersedes all prior agreements or understandings, whether written or oral, with respect to the subject matter hereof. No amendment or modification hereto shall be binding unless made in writing and signed by the parties hereto.
29. Waiver: The waiver by either party hereto of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of a subsequent breach of same provision by any party or of the breach of any other term or provisions of this Agreement.