Accidental Damage Protection

Accidental Damage Protection

Resortia entities and affiliates (Resortia) may choose to provide Accidental Damage Protection, or ADP, for all reservations. The following ADP Terms includes details, limitations, exclusions, and resolutions. The purpose of the ADP is to reimburse the Ownerfor Damage caused by a Guest to Owner’s real or personal Property as a result of inadvertent acts or omissions of the Guest. Definitions: Coverage – The extent to which Resortia will pay an Owner for Damage. Guest – The group leader as well as any and all persons or pets occupying the Property as part of the reservation. Guest Invitee – Any person or animal that accesses the property during the reservation period. Long Term Rental – Any stay of 30 nights or more. Property – The property being rented, inside and out, the grounds, and any non-common area elements. Owner – The Owner(s) of the Property, property managers, or HOA managers. Damage – Any item within or portion of the Property which is altered, harmed, changed, broken, or rendered less than fully operative, purposeful, or of worth. Terms: Coverage Limit – The ADP has a maximum payout of $2000.00. Extent – Resortia retains the sole authority to determine the extent of repairs/replacement necessary. Theft – The ADP does not cover theft of Guest or Owner belongings. Length of Stay – The ADP is not provided for any rental of 30 nights or more. For Long Term rentals, Resortia recommends a refundable damage deposit paid to Owner by Guest prior to the commencement of the rental, and separate lease agreement with appropriate terms and clauses to protect both parties. Guest Belongings – The ADP covers only the rental property and items within the Property which belong to the Property or Owner. Effective Dates – The ADP will take effect on the date and time the guest arrives at the rental property, provided that all payments have been made to Owner and Resortia. The ADP will terminate upon the normal check out time of the scheduled check out date or the actual date and time of departure of the guest, whichever is earlier. Exclusions – The ADP may not (subject to Resortia’s sole and subjective discretion) cover loss or Damage due to: Natural Disaster Intentional, willful, or wanton conduct of a Guest or Guest Invitee If Guest intentionally conceals or misrepresents any material fact or circumstance relating to Damage Gross negligence Normal wear and tear Loss of use of the Property Guest property or Guest belongings Damage caused by Guest Invitees Damage in a Property occupied by more persons than the unit’s occupancy limit Any cause, if Guest does not report the loss or Damage to Resortia and Owner. Guest Notice of Damage – Guest must notify Owner and Resortia of any Damage, the nature and extent of any Damage, as soon as possible after the Damage occurs. Failure to report Damage may void Coverage, and may increase Guest liability. Owner Notice of Damage – Owner must notify Resortia of any Damage, the nature and extent of any Damage, within 7 days of Guest departure. Determination of Coverage – Resortia shall retain the sole and subjective discretion to evaluate the factors, events, and statements related to reports of Damage, and how this should and will affect Coverage for Damage. Guest Liability – If Resortia Determines that Damage is excluded from Coverage, Guest shall be fully liable for the costs to cover repair, replacement, etc., of Damage. Guest Liability Payment – If Damage is excluded from Coverage, Guest credit card may be charged immediately or after review, at the sole and subjective discretion of Resortia. Intent & Rights – The ADP is intended to cover the cost of repairs and or replacement of items damaged at the Property. The ADP is provided by Resortia voluntarily as a benefit to Owner and Guest so as to avoid stress, animosity, resentment, or dispute over Accidental Damage. Resortia retains any and all rights to Define and Determine the extent and nature of the ADP. Parts or portions of these ADP Terms may be amended, updated, or altered without notice. NOTICE TO GUEST. In the event of a dispute between Resortia, Owner, and/or Guest as to whose responsibility it is to provide coverage for Damage, or if Damage falls under one of the exclusions above, or if Guest credit card is unable to be used or insufficient for payment of Damage, Guest and Owner agree to submit the dispute to binding arbitration. BY SIGNING THE RENTAL AGREEMENT, BY MAKING PAYMENT TO OWNER BY ANY MEANS, AND/OR BY ENTERING THE RENTAL PROPERTY, GUEST AGREES THAT ANY CLAIM GUEST MAY HAVE AGAINST OWNER AND OWNER AGREES THAT ANY CLAIM OWNER MAY HAVE AGAINST GUEST SHALL BE RESOLVED BY BINDING ARBITRATION, AND THAT GUEST/OWNER ARE GIVING UP THEIR RIGHT TO A COURT OR JURY TRIAL AS WELL AS THE RIGHT TO APPEAL. IN PARTICULAR, GUEST AND OWNER AGREE THAT ANY CLAIM THEY MAY HAVE RELATING TO THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT (INCLUDING ANY CLAIM OR CONTROVERSY REARDING THE INTERPRETATION OF THIS ARBITRATION CLAUSE) SHALL BE SUBMITTED TO AND FINALLY RESOLVED BY MANDATORY AND BINDING ARBITRATION IN ACCORDANACE WITH THE APPLICABLE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”); PROVIDED, HOWEVER, THAT THE FOREGOING REFERENCE TO THE AAA RULES SHALL NOT BE DEEMED TO REQUIRE ANY FILING WITH THAT ORGANIZATION, NOR ANY DIRECT INVOLVEMENT WITH THAT ORGANIZATION. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES. IF THE PARTIES FAIL TO OR ARE UNABLE TO AGREE ON THE SELECTION OF AN APPROPRIATE ARBITRATOR, THE AAA SHALL SELECT THE ARBITRATOR PURSUANT TO ITS RULES AND PROCEDURES UPON THE APPLICATION OF ONE OR BOTH PARTIES. THIS AGREEMENT TO ARBITRATE ALSO APPLIES TO ANY CLAIM OR DISPUTE BETWEEN OR AMONG THE OWNER, YOU AS THE GUEST, ANY PERSON WHO CLAIMS TO BE A THIRD PARTY BENEFICIARY OF THIS AGREEMENT, ANY OF THE OWNER’S EMPLOYEES OR ARGENTS, ANY OF THE OWNER’S PARENT, SUBSIDIARY, OR AFFILIATE CORPORATIONS, AND ANY OF THE EMPLOYEES OR AGENTS OF THOSE PARENT, SUBSIDIARY, OR AFFILIATE CORPORATIONS. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT OR RESULTS OF ANY ARBITRATION HEREUNDER WITHOUT THE PRIOR WRITTEN CONSENT OF BOTH PARTIES. COLLECTION COSTS & ATTORNEYS’ FEES. This Agreement may be referred to an attorney who is not Resortia’s salaried employee for collection or enforcement. In such event, Guest agrees to pay all reasonable costs of collection to the extent permitted by law, including court/arbitration costs, fees, disbursements, and other lawful charges incurred. Governing Law. This Agreement and the performance hereunder shall be governed and construed in accordance with the laws of the State of Colorado. Notwithstanding the mandatory Arbitration provision above, should Owner or Guest file suit in this matter, venue is proper only in the County of Routt, State of Colorado. BINDING EFFECT/IMPORTANT LEGAL NOTICE. This ADP is a legal contract between the Guest and Resortia. By signing the rental agreement, by making payment via any means, AND/OR by entering the rental property, Guest agrees to all terms of this ADP and the rental agreement, AND Guest authorizes Resortia to charge the credit card on file for amounts billed and not paid, AS WELL AS any Damage occurring to the Property during the stay of Guest which is not covered by the ADP. In the event of a bounced check, Guest agrees to pay the fees associated with returned checks in accordance with the bank of Resortia.