Terms & Conditions + Liability Waiver
By accepting the Terms & Conditions of this Agreement, you (“Customer”) are accepting responsibility and personal liability for negligent errors and omissions; you are also releasing Experience Guide LLC (“EXG”) and, by way of illustration and not limitation, its owners, managers, employees, affiliated homeowners, affiliated service providers, and independent contractors (collectively referred to as the “Company”) from any and all liability resulting from any damages, loss or injury suffered by you, your guests or invitees. You are further indemnifying the company from any and all liability resulting from any action or omission resulting in liability to the Company.
This Agreement establishes a contractual relationship between the Company and you, the Customer. After reviewing these terms below (the “Agreement”), and in order for your reservation to be confirmed, you must indicate your acceptance of the Terms & Conditions of this Agreement in its entirety. Your failure to accept the Terms & Conditions of this Agreement will result in an unconfirmed reservation.
Please be advised that on most weekends in peak season, Experience Guide properties have a 3-night minimum stay requirement, and also a 12-guest minimum stay requirement.
If the Customer wishes to book a stay less than 3 nights, the booking must be made directly with the Company and within 60 days of the arrival date.
If Customer has less than 12 guests in the group, a booking can still be made, however the Customer will be required to pay the 12-guest rate.
Experience Guide provides the “Lowest Advertised Rate Guarantee”, so it is advised that any Customer contact the company directly prior to booking on ExperienceGuide.com or DenverBachelorExperience.com.
The Customer agrees as follows:
1. Check-in time is 4:00pm. Check-out time is 11:00am.
a) Early or late check-in or check-out may be available, but is subject to availability and other factors beyond the control of the Company (also, an additional charge may apply). Inquire with your reservation Concierge for more details.
b) If you fail to vacate the property within a reasonable amount of time after check-out, you may be charged for an additional night as a penalty, without any right to inhabit during that additional time.
2. You will receive your rental property’s specific address and the procedure to access the rented unit at least 48-hours prior to your arrival.
3. Please contact your reservation Concierge upon your arrival in Denver, and one of our friendly representatives will meet you for a personal welcome and provide an orientation of your rental unit and its amenities.
4. Guests with special needs should contact their reservation Concierge prior to booking to verify which of our accommodations will be most sufficient for your needs.
5. Parking:
a) Free street parking is generally available, but is not guaranteed and may be unavailable due to unforeseen circumstances..
b) Please read all posted street signs as EXG is not responsible for any tickets or towing fees.
6. In the event of an overbooking, scheduling conflict, or unexpected property issues, EXG reserves the right, without liability, to provide accommodations of equal or greater quality, either within EXG’s inventory or with affiliate lodging providers, for either part of, or the full duration of the stay.
7. All reservations are subject to the failure of a different guest to vacate a rental unit as scheduled, acts of god and other conditions beyond the control of the Company. The customer assumes the risk of the failure of others to timely vacate a rented unit.
8. Guest will be provided access details, which will include a lockbox code or keypad code. This information will be provided to Customer by EXG no later than 4:00pm on the scheduled day of arrival.
9. By entering the rented unit, the Customer and all associated guests and invitees who come onto the premises of or the rented unit agree to comply with all rules of the residence, and all rules of conduct stated in this Agreement.
10. EXG operates a peer-to-peer lodging concept. Due to the complex nature of managing our assets and resources with various third-party owners and property managers, we cannot guarantee any flexibility with reservation changes, special requests or circumstantial considerations not outlined in this Agreement.
11. Cigarettes and tobacco consumption are not permitted anywhere inside the rented units, or within 25-feet of any entrance. If evidence of tobacco use is established (including “spliffs”, or any tobacco-blended combustion) the Customer agrees and authorizes the credit card on file to be charged a minimum deep-cleaning fee of $500.
12. Cannabis consumption is permitted on the property as long as possession and consumption is pursued consistent with local, county, and State laws. The Customer assumes all risks attendant to the fact that such use of marijuana is in violation of Federal law. It is the responsibility of the Customer and their guests and invitees to educate themselves as to applicable laws pertaining to cannabis possession and consumption.
13. Exterior surveillance is solely for the safety and security of our guests. Do not tamper, unplug, or cover cameras for any reason. The customer agrees and authorizes the credit card on file to be charged a fee of $500 per camera if EXG discovers evidence of such violations.
14. Packages/deliveries: Please contact your reservation Concierge prior to shipping anything to the house before your scheduled arrival date. The Customer assumes the risk of any package not being delivered and waives any claims against the Company in the event any delivery is not received.
15. No more than the number of guests listed on the reservation are permitted in the rented unit. Rates are based on occupancy, which includes anyone who will be entering the property. Use of any EXG property or affiliated property for events, parties or other social gatherings without the advance, express written consent of the reservation concierge shall result in liquidated damages being assessed against the Customer in the minimum amount of $1,000, as well as immediate cancellation of the remaining reservation and eviction without refund.
16. Pursuant to CRS §12-44-102, the Customer is hereby notified as to matters involving “stowaway guests”, whereas misrepresentation or the providing of false information to an innkeeper as defined in that statute may be a Class 3 felony. Violation of this term may result in a penalty of up to $1,000 and is otherwise punishable by law. Customer agrees and authorizes EXG to charge the credit card on file a minimum of $250 for each unauthorized guest. EXG’s occupancy-based rate policy is not exclusive to overnight guests listed on the reservation — this policy includes anyone who steps foot on or in the property.
17. Denver City noise ordinances are in effect from 10:00pm until 8:00am. Any disturbances or complaints will result in a minimum fee of $1000 per incident and immediate cancellation of the remaining reservation and eviction without refund.
18. Any person in or on the property shall be the sole responsibility of the Customer, who assumes any and all liability from such individuals. As set forth in our occupancy-based, dynamic pricing model, individuals other than those registered as part of the Customer’s group may not enter the rental unit or step foot on the property without prior consent from the reservation Concierge.
19. The property owner, reservation Concierge, property manager or any EXG employee or affiliate contractor shall not be responsible or liable for any, by way of illustration and not limitation, accidents, injuries, damages or illness that occurs on the premises or as a result of use of the rented unit or facilities offered. The property owner, reservation Concierge, property manager or any EXG employee or affiliate contractor shall not be responsible for any injury, loss or damage to personal belongings or valuables of the Customers. By accepting the terms of this Agreement, it is agreed that all Customers and their guests and invitees are expressly assuming the risk of any harm or danger arising from their use of the premises, rental equipment and any other good or service provided by EXG or EXG’s affiliate partners, including but not limited to independent contractors.
20. Property and furnishings within the rental property are expected to be kept in good working condition by the Customer and their guests. The Customer agrees and authorizes EXG to charge the credit card on file for internal costs related to misuse or moving of the equipment or furniture within the rental property. Costs will also include service charges and maintenance fees not to exceed 200% of any repair or replacement cost.
21. Pets are strictly prohibited on or in the property. Customer agrees and authorizes EXG to charge the credit card on file a minimum deep-cleaning fee of $500 upon discovering any evidence that a pet was brought onto or into the property.
22. No strippers, exotic dancers, escorts, or prostitutes are permitted to enter the rental property, including any shared areas and common areas. If it is established that the Customer used the rental property to host a stripper, exotic dancer, escort or prostitute, the Customer’s credit card shall be charged a minimum fee of $1000 per incident.
23. Cleaning fee: Each reservation includes a $250 or $350 cleaning fee, depending on the property.
a) The $250-350 standard cleaning fee (which will be a pre-determined line item on your Reservation Itinerary) covers the following basic, routine cleaning tasks:
Surface cleaning; wood-floor cleaning, laundry (linens), and basic/routine cleaning such as trash removal, bathroom cleaning, window cleaning and vacuuming.
b) The $250-350 standard cleaning fee is limited. Here’s what the standard cleaning fee DOES NOT cover:
Spillage of any kind, excessive cleaning for kitchen appliances such as fridge, stove, oven, dishwasher, microwave, excessive amounts of garbage or left-behind items, dab/concentrate or any marijuana related residue on countertops, tables or otherwise, wax spillage and/or candle residue, stained/missing towels or washcloths, broken/damaged dishes, broken/damaged appliances or equipment or furniture throughout the rental property, glitter, silly string, and any other decorations that require additional cleaning efforts.
c) The Customer hereby agrees and authorizes EXG to charge the credit card on file to cover time, materials and internal efforts related to any excessive cleaning as defined above and as required, post-departure.
24. Payment policy:
a) Reservations made within 60 days of the scheduled arrival date must be paid in full at the time of booking.
b) EXG requires a minimum deposit of 25% to confirm a reservation with a scheduled arrival date more than 60 days away.
c) Any remaining balance is due 60-days prior to arrival. By booking with EXG, the Customer accepts and authorizes the credit card on file to be billed for the remaining balance 60-days prior to scheduled arrival date.
d) Billing statement will show a transaction from “EXPERIENCE GUIDE LLC”.
e) Base rates only include a certain number of guests. (Each property varies. Please inquire for details prior to booking.) Additional guests are subject to a per-person fee of $50/night thereafter. Per our “Stowaway Policy” in Paragraph 16, if EXG discovers evidence that any unregistered or unauthorized guests, visitors, or invitees have entered the property, Guest agrees and authorizes EXG to charge the credit card on file a minimum fee of $250 for each unregistered guest.
25. Cancellation Policy:
a) Buyers Remorse: In the event the Customer wishes to cancel a reservation within 7-days of booking, a full refund will be provided as long as the scheduled arrival date is at least 60 days away.
b) Buyers Remorse (continued): In the event the Customer wishes to cancel a reservation within 7-days of booking and the scheduled arrival date is within 60 days, a credit will be provided for future use (valid for 12 months after the original booking date).
c) If the Customer wishes to cancel the reservation more than 60-days before the scheduled arrival date, 75% of the payment collected will be applied as a credit for future use (valid for 12 months after the original booking date) and the other 25% will be forfeited.
d) If the Customer wishes to cancel the reservation or make any changes which require credits, refunds or re-scheduling, these changes must be made more than 60-days before the Guest’s arrival date. If the Customer cancels the reservation within 60 days of the scheduled arrival date, any monies paid will be forfeited.
e) EXG will not provide any credits, refunds or rescheduling privileges within 60-days of the Guest’s arrival date.
f) EXG reserves the right to cancel reservations and/or refuse service to anyone.
g) EXG cannot guarantee availability when rescheduling, as reservations are confirmed on a first-come, first-served basis.
h) EXG reserves the right to refuse refunds under any circumstances.
26. Reservations that are made within 60-days of scheduled arrival date must be paid in full at the time of booking.
27. The credit card retained on file will be charged for the remaining balance 60-days before the scheduled arrival date, unless Guest provides EXG alternate billing details prior.
28. Arbitration: The Customer agrees that any dispute concerning, relating to, or referred to this Agreement, your occupancy of the rental property, the website or any other literature concerning your relationship with the Company, shall be resolved exclusively by binding arbitration to be conducted by the American Arbitration Association and which shall occur in the state of Colorado, according to the then existing Commercial Rules of the American Arbitration Association. Such proceedings shall be governed by substantive Colorado law.
29. Exclusive Governing Law and Exclusive Jurisdiction: If the right to seek arbitration is for any reason waived by both parties, this agreement and any actions and proceedings brought hereunder shall be governed by the laws of the State of Colorado, without regard to conflict of law principles and any action filed in the District Court for the City and County of Denver, Colorado.
30. Amendment: No amendment to this Agreement will be effective unless made in writing and signed by both parties.
31. Successors and Assigns: Except as otherwise provided herein, the provisions hereof shall inure to the benefit of, and be binding upon, the successors, assigns, heirs, executors, and administrators of the parties hereto.
32. Attorney’s Fees: In the event of litigation arising from or related to this Agreement, or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs, including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation. In the event of a non-adjudicative settlement of litigation between the parties or a resolution of a dispute by arbitration, the term “prevailing party” shall be determined by that process.
33. Choice of Law and Venue: This Agreement shall be interpreted in accordance with the laws of the State of Colorado without regard to its choice of law rules and the Parties agree that the exclusive venue for all disputes arising under this Agreement shall be the State or Federal courts sitting in Colorado and both Parties submit to the jurisdiction thereof.
34. Counterparts: This Agreement may be executed in one or more counterparts, each of which will be deemed an original and part of one and the same document.
35. Entire Agreement: This Agreement represents the entire rental agreement and supersede and replace any previous agreements, oral or written, between the parties with respect to such matters.
36. Severability: If any provision of this Agreement is partially or completely unenforceable pursuant to Law, that provision will be deemed amended to the extent necessary to make it enforceable, if possible. If not possible, then that provision will be deemed deleted. If any provision is so deleted, then the remaining provisions will remain in full force and effect.
37. Waiver: No waiver by either Party of any right at any time will serve to waive of the same right at any future date or preclude enforcement of such right in the future.
DISCLAIMER
The Customer hereby acknowledges that the Company, Owners, Employees, Property Owners, and any partner, contractor or affiliate of EXG, including but not limited to independent contractors and affiliate service providers, shall not be held responsible for or liable for:
•Any damages, injury or loss incurred by the Customer as well as any occupant, invitee or guest of the Customer whatsoever or howsoever occurring while the Customer is in occupancy of the rental property, whether or not such is due to any failure to comply with Terms & Conditions or rules of the rented unit;
•Any injury or loss suffered by the occupants, their invitees or guests whatsoever or howsoever caused due to the negligence of any individual or entity.
•Any damages, injury or loss suffered by the customer or any occupant, their invitees or guests, no matter whatsoever or howsoever the damage, injury or loss was caused. All customers and occupants are warned to take specific care at all times.
Any inconvenience or damage caused by noise, disturbance or inconvenience resulting from renovation, construction or road works being carried out in or near the vicinity of the rental property shall be non-actionable.
In consideration of the rental of a property or service for EXG, and the right to use the premises and amenities, I RELEASE AND FULLY DISCHARGE EXG, the City and County of Denver, its owners, officers, directors, agents, employees, and volunteers from any liability resulting from personal injury to myself and/or my guests or damage to or loss of my or my guest’s property while participating in lodging, transportation and/or activities on the premise. I accept full responsibility for any injuries or damages, which may result from participation in and around the premises, and I hereby HOLD HARMLESS, RELEASE AND COVENANT NOT TO SUE EXG and the City and County of Denver for any injury sustained by me and/or my guests, or caused by me and/or my guests, including death, while participating in any event or activity. The purchaser or user of this reservation agrees and understands that events within the EXG ecosystem, overall, may be hazardous and that conditions vary constantly because of weather changes and lifestyle choices within each group.