Terms and Conditions, www.gondolaresorts.com
1. INTRODUCTION: This website is provided to assist customers in gathering travel information or otherwise transacting business and for no other purpose. The terms “we”, “us”, “our”, “GR", refer to Gondola Resorts, Inc., a Colorado corporation. The term "tenant", "guest", “you” or “customer” refers to the customer using this website and/or booking a reservation through us using our website or through our GR reservations office. By using this website, you agree to be bound by these terms and conditions (the “Agreement”). Please read the Agreement carefully. We reserve the right at any time, in our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access to and use of our services signifies your acceptance of the updated or modified Agreement. If required, such modification may be made on our website, www.gondolaresorts.com.
2. ONLINE RESERVATIONS: By submitting an online reservation with Gondola Resorts via this website, you are entering into a rental agreement with GR. GR holds the person whose name appears on the reservation responsible for all payments, damages, theft and all other responsibilities of the agreement. By making a reservation you automatically agree to our terms and conditions. You acknowledge that GR pre-negotiates with vendors of lodging, resorts, rentals, transportation, and others on your behalf. The rates displayed may be a combination of the negotiated room rates plus additional products or services as indicated plus the facilitation or service fee retained by GR. You authorize GR to book reservations for the total reservation price and agree that your credit card will be charged by GR for the total reservation price. Upon submitting your reservation request you authorize GR to facilitate lodging reservations on your behalf, including making payment arrangements with our suppliers.
PAYMENT: By submitting this reservation you are entering into a rental agreement with GR and agree to pay for the balance of your reservation in full by the assigned due dates.
3. MAINTENANCE & DAMAGE & RECOVER FEES. Tenant acknowledges that, unless GR is notified within 24-hours of the check-in date, the Property including the furniture, furnishings and appliances are in good working order and repair. Tenant shall keep the Property in a clean and sanitary condition and will immediately notify GR of any damage to the Property or its contents, or any inoperable equipment or appliances. Tenant will surrender the Property, at termination, in as good condition as received, normal wear and tear accepted. Tenant agrees that GR will have the authority to charge the credit card on file for damages. The Tenant hereby authorizes GR to charge Tenant’s credit card or request payment in full for all amounts due under this Agreement, including the costs for repair of any damages as described below. Damages will include, but not be limited to, any repair, replacement, damage beyond normal wear and tear, moving of furniture within the Premises, or cleaning of the Premises rendered necessary or desirable by reason of the negligence, carelessness, accident or abuse by Tenant or any invitee, licensee, or guests of Tenant. The Premises will be inspected after Tenant’s departure. If it is found that Tenant has damaged the Premises or any property in or about the Premises, GR may charge and collect from Tenant a reasonable estimated repair cost. Within 30-days of charging Tenant, GR agrees to settle with Tenant the difference between the estimated repair cost and the actual repair cost. GR agrees to supply written documentation and a full accounting to Tenant for said damages within 30 days of the departure date if available. Without limiting the foregoing, If Tenant defaults under any term, condition or provision of this Agreement, including, but not limited to, failing to vacate the Premises no later than the Departure Date, then GR shall have the right to exercise all remedies at law or in equity, including entering upon and taking possession of the Premises, removing all persons and property therefrom and charging Tenant for all expenses accrued in connection therewith. Such repossession shall not release Tenant from any liability for any amounts due hereunder. GR and authorized property management personnel shall have the right to access to the Premises for inspection, repairs, and maintenance at any time.
4. OCCUPANCY. Tenant must be 24-years old or older and must furnish proof of age upon request by GR or property management personnel. Occupants for the Term will include Tenant and other adult occupants and children (under 18 years old); provided that all occupants shall be family members, friends, or other responsible adults. Keys will only be issued to Tenant(s). The property occupancy shall never exceed the sleeping capacity of the property at any time. A charge of $50 per person, per day will be charged to the Tenant's credit card for occupants exceeding the sleeping capacity of the unit as listed on the GR official website.
5. ENTRY AND INSPECTION. Authorized property management personnel shall have the right to enter the Property at any time in case of emergency. These authorized personnel shall further have the right to enter the Property upon twenty-four (24) hour notice (or such shorter time period as may be agreed to by Tenant), to make necessary or agreed repairs, decorations, alterations, improvement, supply necessary or agreed services, and/or inspect the condition of the Property.
6. HOLD OVER. There will be no holding over or late departure without prior approval of the GR. Any unauthorized holding over by Tenant will be subject to a charge of 150% of the daily rate paid for the Property plus any additional damages incurred such as the cost of alternate housing for guests displaced by Tenants holding over. Early departure will result in the forfeiture of all remaining nights, room, tax, and fees.
7. SMOKING POLICY. Smoking is not allowed inside nor outside of the property. Tenant is responsible for all damage caused by smoking, including but not limited to cleanup, stains, burns, odor, and removal of debris. Tenant may be required to immediately leave the Property or be removed. If Tenant is in breach of the smoking prohibition herein, Tenant forfeits all rights to the return of any Security Deposit and the return of any unused Rental Fees. Failure to abide by these rules will result in a minimum $900 extra charge. No warnings will be given for infractions of this rule and the charge will automatically be charged to the credit card on file. Tenant is responsible for all charges related to smoking in the unit including cleaning charges.
8. PET POLICY. Pets are not allowed inside the property unless authorized in writing and/or the pet is an ADA (The Americans with Disabilities Act) certified animal, and the guest has received written authorization from Gondola Resorts. If unauthorized pet(s) are found in the Property, Tenant is responsible for all damage caused by pet. Tenant and Tenant's guests will be required to immediately leave the Property or be removed. If Tenant is in breach of this no pet prohibition herein, a charge of $750 will be added to the credit card on file without notice. In addition, Tenant forfeits the right of the return of any Security Deposit and the return of any unused Rental Fees.
9. LAWS AND RULES AND REGULATIONS. Tenant shall comply with all statutes, ordinances, and requirements of all municipal, state, and federal laws regarding the Property, including the use, production, or sale of illegal drugs. Tenant further agrees to adhere to all rules and regulations set forth by the regulatory parties for the condominium complex or homeowners association in which the Property is located, including rules with respect to smoking, noise, odors, disposal of refuse, parking, and use of common areas.
10. UNAVAILABILITY. If property is unavailable, GR reserves the right to change vacation rental properties right up to and including day of arrival. The Tenant is responsible for payment of all nights booked. GR also reserves the right to cancel this Agreement and refund in full to Tenant all payments if property becomes unavailable for any reason. GR will make every effort to provide suitable equivalent or upgraded lodging in event property changes are necessary.
11. INDEMNIFICATION AND WAIVER. Tenant will indemnify, defend, and hold harmless GR employees, owners, property management company and owner of the Property from all claims, disputes, litigation, judgments, costs, and attorney fees resulting from loss, damage, death, or personal injury to Tenant, Tenant`s guests or licensees or their personal property. These parties shall not be liable for any damage or injury to Tenant, or any other person, or to any property, occurring on the Property, unless such damage is the legal result of the negligence or willful misconduct of GR, Management company or the owner of the Property. The waiver and release are intended to be a full and complete waiver and release of GR from any and all present or future Claims (known or unknown), including but not limited to Claims which are the direct or partial result of the negligence of any or all of the released parties. Tenant shall not name either GR, its owners, or employees as a party in any litigation arising out of the terms of this Agreement and that in the event of any dispute, GR shall not be required to return to Tenant any payment, taxes or fees paid to GR.
12. CHARGEBACK(S). Tenant waives their right to challenge any charges with their credit card company. If Renter submits any dispute, cancellation, or challenge through their bank, credit card company, or other financial institution, rather than following the "dispute resolution process" as set forth on Line 28, Tenant agrees to pay a $375.00 chargeback processing fee which will automatically be processed to the credit card on file.
13. INSURANCE. Tenant acknowledges that neither GR, property management company or the Owner of the Property`s insurance covers any of Tenant`s or Tenant`s guests` personal property, including vehicles against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. GR recommends that Tenant carry or obtain insurance to protect Tenant, Tenant`s guests and licensees from any loss or damage.
14. MEDIATION. Tenant agrees to mediate any dispute or claim arising out of this agreement, or any resulting transaction, as a condition precedent to the institution of any arbitration or litigation under this Agreement. Mediation fees, if any, shall be divided equally among the parties involved. Tenant agrees that mediation will take place in the city of Denver, Colorado or Jefferson County Colorado.
15. GOVERNING LAW AND JURISDICTION. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado applicable to contracts to be wholly performed within such state and without regard to conflicts of law’s provisions. Any legal action or proceeding arising out of or relating to this Agreement and/or the Offering Documents may be instituted in the courts of the State of Colorado sitting in Colorado, and the parties hereto irrevocably submit to the jurisdiction of each such court in any action or proceeding.
16. VENUE. Venue and jurisdiction for resolving any dispute relating to this Agreement shall lie exclusively in Colorado State courts located in Denver County, Eagle County (Beaver Creek, Vail), Summit County (Keystone, Breckenridge) or Pitkin County (Aspen, Snowmass).
17. TIME. Time is of the essence of this agreement.
18. ATTORNEYS FEES. In any action or proceeding involving a dispute between GR and Tenant arising out of this Agreement, and GR employs the services of an attorney(s) to enforce any terms or conditions of this Agreement, Tenant shall be liable to GR as applicable for reasonable attorney’s fees and costs incurred.
19. CLASS ACTION & JURY TRIAL WAIVER. Any and all proceedings to resolve claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, the parties each waive any right to a jury trial.
20. NO WAIVER. Failure of GR to enforce any provision of this Agreement shall not be deemed to be a waiver. The acceptance of any fees or deposits by GR will not waive GR`s right to enforce any provision of this Agreement.
21. ENTIRE AGREEMENT. This Agreement (and any other terms and conditions referenced on the GR website) constitutes the entire agreement between Tenant and GR and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written. Any rights not expressly granted herein are reserved. The foregoing, plus any attachment or addendums hereto, constitutes the entire agreement between the parties and may be modified only in writing signed by all parties. This Agreement and any modification, including any Electronic Signature, photocopy, or facsimile, may be signed in one or more counterparts, each of which will be deemed an original and all of which taken together will constitute one and the same instrument. If there is more than one Tenant, all tenants are jointly and severally liable under this contract.
22. NOTICE. Unless otherwise provided, any notice which either party may give or is required to give, may be given personally, by email or by mailing the same, postage prepaid to GR or Tenant at the address shown in the signature block or at such other places as may be designated by the parties from time to time. Notice will be deemed effective three (3) days after mailing, or on personal delivery, or when receipt is acknowledged in writing.
23. RELATIONSHIP DISCLOSURE. Tenant acknowledges that GR acts only as an agent for vacation rentals, property management companies, tour operators, rental car companies, resorts, charter airlines, ski rental, ski lesson, ground transportation companies, and other related companies, and is not responsible for acts or omissions of these third-party providers. Tenant acknowledges and understands that GR is not the property owner or property manager. GR is not responsible for third party failure to perform, breach of contract, or any action or inaction, intentional or negligent, which results in any loss, injury, delay, inconvenience, dissatisfaction or damage to you or your property or to anyone traveling with you, or to the property of that party. GR cannot and does not guarantee third-party provider reservations, timeliness, employee conduct, bedding size differences, nor the performance of scheduled flights, tours, nor the availability of services, hotel rooms or rental cars.
24. LIMITATION OF LIABILITY. GR assumes no liability for tenants stay in any state or the activities that tenant takes part in or related to any promotion supported by GR If, despite the limitation above, GR or its suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described in this agreement, then the liability of GR and/or its suppliers will in no event exceed, in the aggregate, the lesser of (a) the service fees you paid to GR in connection with such transaction(s) or (b) One-Hundred Dollars (US $100.00).
25. PERSONAL INJURY DISCLAIMER. By signing this Contract, Tenant acknowledges and understands that the Property is located at high altitude, in a mountain environment, and that there are health and safety risks associated with the location of the Property beyond the exclusive control of GR which risks may result in personal injury or death and damage to the Property, and which risks may include, without limitation, inclement weather, ice, snow, freezing cold temperatures, increased likelihood of slipping and/or falling as a result of wet, snowy or ice-covered surfaces, exposure to falling snow and/or ice from roofs, overhands and decks, icy-snow-covered and/or wet roadways, driveways, decks, porches, patios and sidewalks, gravel and other unpaved driveways and the use of hot tubs, spas, saunas, unfamiliar appliances and other mechanical equipment. Tenant individually and on behalf of all members of Tenant's family and/or party staying at or using the Property and for Tenant’s invitees, voluntarily accepts all risk of personal injury and/or Property damage. On behalf of all members of Tenant's guests family and/or party staying at or using the Property, hereby covenants and agrees that neither Tenant nor the heirs, successors, assigns and personal representatives of Tenant, shall sue, make or allege any claim against the owner(s) of the property, property management company and/or GR, its members, managers, employees, agents and contractors, and does hereby agree to forever release, discharge and hold harmless the owner of the property, management company and GR.
26. LIABILITY DISCLAIMERS. GR does not guarantee the accuracy of, and disclaim all liability for, any errors or other inaccuracies relating to the information and description of the hotel, vacation rentals, ski rentals, lessons and other travel products, and services herein (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.), much of which information is provided by the suppliers. In addition, GR expressly reserves the right to correct any pricing errors herein and/or on our websites for pending (but not deposited) reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty. GR makes no representations about the suitability of the information, products, and services contained on our websites for any purpose (including the customers’), and the inclusion or offering of any products or services does not constitute any endorsement or recommendation of such products or services by us. All such information, products, and services are provided “as is” without warranty. We hereby disclaim all warranties and conditions with regard to this information, products, and services, including all implied warranties and conditions of merchantability and fitness for a particular purpose. The property management companies, hotels and other suppliers providing travel or other products and services are independent contractors and not agents or employees of GR. GR is not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. GR has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond GR’s direct control, and GR has no responsibility for any additional expense, omissions, delays, re-booking or acts of any government or authority.
27. CANCELLATION POLICY. For stays 1/6 - 12/9 a non-refundable deposit of 50% is due at time of booking and final payment is due 60-days prior to arrival. If cancelled 60 days or less prior to arrival, total reservation amount is non-refundable. For stays 12/10 - 1/5, a non-refundable deposit of 50% is due at time of booking and final payment is due 90 days prior to arrival. If cancelled 90-days or less prior to arrival, total reservation amount is non-refundable. All other scenarios, reservation is non-refundable. We highly recommend purchasing travel insurance or cancel-for-any-reason insurance (CFAR) to protect your lodging investment in case of unforeseen circumstances that may force you to cancel. Call 1-888-295-2468 to learn more about travel insurance and its benefits. GR shall have the right to cancel this Agreement if tenant fails or refuses to pay any portion of the rental as and when required or renter is otherwise is in default of this Agreement and in such event, GR shall have the right to retain all amounts paid to GR by tenant.
28. DISPUTES: If the Tenant has a dispute regarding the Property received, they should open a dispute directly with GR at https://www.gondolaresorts.com/contact-information.asp. GR will attempt to resolve the issue directly with the tenant. Tenant waives the right to challenge any charges with their credit card company. If tenant submits any chargeback dispute, cancellation or challenge through their bank or credit card company rather than following this dispute resolution, GR will have right to notify the bank or credit card company of this agreement and be notified to cancel the chargeback case.
29. DATE CHANGES. Any and all date change(s) to the original reservation will result in a $50.00 change fee. Date changes may only be requested up until 60 days prior to reservation start date. Date changes, date additions or date reductions may not be available and must be authorized by GR.
30. UNFORESEEN CIRCUMSTANCES/FORCE MAJEURE. All funds paid to GR are non-refundable unless stated otherwise and no refunds will be due if Property becomes impossible for a reason outside GR's control, including natural disasters, fire, epidemic, pandemic, federal, state, or local quarantine, forest fire, civil commotion, changes in laws or regulations, evacuation orders, or other acts of government agencies. For purposes of clarification, inclement, unfavorable, or even severe weather is not considered a force majeure event under this provision and no refund or credit is due. GR offers travel insurance to cover these types of unforeseen circumstances.
31. EARLY DEPARTURES. Refunds or credits are not authorized for early departures. Tenants will be charged for the entire duration of the reservation, even if Tenant departs prior to the end of the reservation for any reason. Property issues or complaints should follow the dispute resolution process on Line 2
32. GOOD NEIGHBOR POLICY. Because the Property is a privately owned home, all Tenants must comply with this good neighbor policy. To prevent theft of or damage to furnishings or personal property, Tenant agrees to close and lock doors and windows when not present at the Property and upon check-out. Tenants agree to act in a manner that is respectful of and not disruptive to neighbors, traffic flow, or the community and that will not prompt complaints to GR from police, neighbors, or neighborhood or homeowner associations. Noise audible outside the Property is prohibited between 10 p.m. and 8 a.m. Tenants and their guests agree to abide by all applicable parking restrictions and limitations.
33. ASPEN RESIDENCE CLUB CONDOS. These residence club condos are rented Saturday to Saturday only with a 7-night minimum stay. If guest chooses to book and confirm a reservation that is not a Saturday-to-Saturday reservation or less than 7-nights at The Aspen Ritz-Carlton, St. Regis, or Aspen Mountain Residences, guest will be subject to and agrees to moving units on Saturday by 11:00am.