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Terms & Conditions

 

CABIN RENTAL REQUIREMENTS

Renter(s)/Tenant(s) must be twenty-one (21) years of age to rent this cabin and provide proof of age via government-issued identification.

Any monies received by Empty Spaces, LLC DBA Electric Mountain Lodge for occupancy of vacation property indicated the acceptance of the terms of our vacation rental agreement in full. All policies are strictly enforced. It is the responsibility of all guests and members of their party to be familiar with all policies pertaining to rental.

For legal and accounting purposes, the person placing the reservation must be the same as the credit/debit cardholder. This person is considered to be the guest. All other persons involved with the rental are considered to be the guest’s invitees, and all discussion regarding reservation, cancellation, and damage policies will be discussed with the guest, not the guest’s invitees. 

 

DAMAGE WAIVER AND CAPACITY RESTRICTIONS

Our cabins are inspected before and after each reservation. Guests agree to pay for any flagrant damage to the units, excessive cleaning required at check-out, missing or damage to the units’ contents, or any other accidental damage to anything within the rental unit during the rental period. Your reservation was either charged $99.00 for a Damage Waiver to cover up to $1,500.00 in damages, or we collected a security deposit. The Renter authorizes damages, missing items, or excessive cleaning above this amount to be charged to their credit card identified above. 

The sleeping capacity for this cabin is limited to the number of beds provided, so twin beds sleep 1 guest; double, queen and king beds sleep 2 guests each.. Extra guests beyond the maximum sleeping capacity are not allowed without the expressed written permission in advance. Often, extra sleeping capacity is not possible at this cabin. Each additional guest exceeding the maximum sleeping capacity for this property will incur a charge of 10% of the nightly rental rate, per guest, and will be charged to the credit card provided above. No smoking or parties of any kind are allowed at this property.

 

UNAVAILABILITY

For any reason beyond the control of Management, the Premises become unavailable, Management may substitute a comparable unit for the same rate or cancel this Agreement and refund in full all payments made by Guest.

 

PAYMENT

If the Renter(s)/Tenant(s) reserved through a booking site (i.e. HomeAway/VRBO, Airbnb, Booking.com, FlipKey, TripAdvisor) please follow payment terms as directed. 

If reserved directly through Empty Spaces, LLC DBA Electric Mountain Lodge, please make payments by credit card or personal check (payable to Empty Spaces, LLC). An advance payment equal to twenty-five (25) percent of the total reservation is required at the time of reservation. The advance payment will be applied toward the total cost. The advance payment is not a damage deposit. The BALANCE OF THE RESERVATION is due fourteen (14) days before your arrival date.

Regardless of the method of booking, the payment method must come from and match the Renter/Tenant’s name on the reservation and not a third party. Third-party payments will be rejected and the reservation will be canceled unless corrected.

 

CANCELLATION POLICY

To receive a full refund, guests must cancel at least 30 days before check-in. Guests who cancel between 7 and 30 days before check-in will be refunded 50% for all nights. Guests who cancel less than 7 days before check-in will receive no refund. Guests can also receive a full refund if they cancel within 48 hours of booking, if the cancellation occurs at least 14 days before check-in.

‘Full refunds’ will be only what was paid to and received by Empty Spaces, LLC DBA Electric Mountain Lodge. If the Renter(s)/Tenant(s) reserved through a third party booking site (i.e., VRBO, Airbnb, Booking.com, FlipKey, TripAdvisor., etc.), the fee(s) these sites charge the guest may not be refundable. Empty Spaces, LLC DBA Electric Mountain Lodge is not responsible for those fees. Please review those site’s cancellation policies. Cancellation or early departure does not warrant any refund of rent. No refunds will be given for storms. Nor do we do not issue refunds due to road conditions.​​​​​​​

 

MAXIMUM OCCUPANCY

The maximum number of guests is limited to the occupancy as advertised in the property listing. 

 

MINIMUM STAY

If a rental is taken for less than the minimum days listed on the booking site and is not approved prior to booking the Renter(s)/Tenant(s) will be charged the minimum night rate. 

 

CONFIRMED RESERVATIONS 

Renter(s)/Tenant(s) reservation is deemed confirmed only after Empty Spaces, LLC DBA Electric Mountain Lodge has received a signed Rental Agreement and the required payment. 

 

ASSIGNMENT AND SUBLETTING

Renter(s)/Tenant(s) shall not assign this Agreement, or sub-let or grant any license to use the premises or any part thereof. No third party reservations, the Renter(s)/Tenant(s) must accompany any other guest(s) while renting the cabin. 

Any reservation obtained under false pretenses will be subject to forfeiture of advance payment, deposit, and rental money, and the party will not be permitted to check-in.

 

FALSIFIED RESERVATIONS

Any reservation obtained under false pretenses will be subject to forfeiture of advance payment, deposit, and rental money, and the party will not be permitted to check-in.

 

ARRIVAL TIME

Check-in is at the stated time on your check-in email. Early arrival may be arranged, pending other reservations and the housekeeping schedule. Please contact us before your arrival to make these arrangements. 

 

DEPARTURE TIME

Check out is at the stated time on your check-out email. Your prompt departure is appreciated so we can prepare the vacation rental for any incoming guests. A late departure may be arranged, pending other reservations and the housekeeping schedule. 

 

PARTNERSHIP

We are a proud partner of the Uncharted Society, BRP’s experience partnership program. Featuring the top outfitters in the industry and 500+ unique experiences around the world, the Uncharted Society is your #1 source for transformative powersports experiences.

 

ACKNOWLEDGEMENT OF PREMISES

On the day of arrival, the Renter(s)/Tenant(s) must notify the leasing company of any undocumented, existing damage within two (2) hours of checking in or otherwise acknowledges that said premises are in good and satisfactory order unless otherwise specified herein. 

Renter(s)/Tenant(s) takes premises in its AS-IS condition. Renter(s)/Tenant(s) agrees not to damage the premises through any act of omission and to be responsible for any damages sustained through the acts or omissions of Renter(s)/Tenant(s), Renter(s)/Tenant(s) family or Renter(s)/Tenant(s) invitees, licensees, and/or guests. If such damages are incurred, Renter(s)/Tenant(s) is required to pay for any resulting repairs at the same time and in addition any lost rent revenue as a result of such damages. 

 

DAMAGE PROTECTION AND RESERVATION DEPOSIT

Renter(s)/Tenant(s) who reserve on Airbnb will be responsible for damages, per Airbnb’s Host Guarantee. For all other channels, an accidental property damage protection insurance policy may be included in your stay. Renter(s)/Tenant(s) are responsible for any non-accidental damage(s) not covered by or that exceed the accidental damage protection insurance. Renter(s)/Tenant(s) that refuse to purchase property accidental damage protection insurance, may be asked to pay a refundable security deposit of five hundred ($500) dollars. The security deposit must be received before fourteen (14) days of the check-in date. The security deposit is NOT applied toward rent and is fully refundable within fourteen (14) days of departure, provided the following provisions are met:

 

DISTURBANCES AND VIOLATION OF LAWS

Renter(s)/Tenant(s), guests and invitees shall not use the premises for any unlawful purpose and shall comply fully with all applicable federal, state and local laws and ordinances, including laws prohibiting the use, possession or sale of illegal drugs. Nor shall Renter(s)/Tenant(s), guests and invitees use the premises in a manner offensive to others, create a nuisance by annoying, disturbing, inconveniencing or interfering with the quiet enjoyment of any other renter or nearby residents. Renter(s)/Tenant(s) agrees to immediately inform Empty Spaces LLC, DBA Electric Mountain Lodge and the appropriate authorities upon obtaining actual knowledge of any illegal acts on or upon the leased premises.  

 

ANIMALS

This is an animal conscientious property. With written pre-approval and animal fee, up to two dogs only are permitted in the rental cabin. The Renter(s)/Tenant(s) is/are required to keep the dog(s) off all furniture and carpeted/rugged areas, be crated if left alone in the cabin and remove feces from the property. Failure to do so may result in additional charges. If it is found that an animal has been inside the property without written pre-approval, the Renter(s)/Tenant(s) will forfeit their security deposit and may be charged damages of up to five hundred dollars ($500). We respect service animals.

 

NO SHOE POLICY

We ask that the Renter(s)/Tenant(s) and their guests remove shoes while in the cabin. Stains, dirt, and discoloration will be cause for carpet cleaning costs to be deducted from your deposit.

 

SMOKING/VAPING/MARIJUANA

This rental cabin is a NON-SMOKING/NON-VAPING property (including all tobacco and marijuana products). If it is found that smoking/vaping/marijuana has taken place inside the property, the Renter(s)/Tenant(s) will be charged damages up to five hundred dollars ($500). Smoking/vaping/marijuana products are allowed outside. Please pick up all cigarette butts and clean any ash from the property or additional cleaning fees may be charged.

 

NO COOKING IN CABINS

Personal cooking appliances outside of any provided in your cabin are not permitted due to liability and fire risk. The Lodge is surrounded by national forest; wild animals including bears, foxes, and other foraging animals are common in this area. To keep curious animals away, please keep a minimum amount of food in your cabin. Food should be kept in sealed containers at all times.

 

NO DAILY HOUSEKEEPING SERVICE

Rates include a one-time linen & towel setup. While linens and bath towels are included with the rental, daily maid service is not. However, such service is available at an additional cost. We do not permit bath towels or linens to be taken from the cabin or used outdoors. Pool/spa towels are provided if a pool/spa is available at your reserved property.

 

LOST AND FOUND POLICY

Empty Spaces, LLC DBA Electric Mountain Lodge is not responsible for any item left behind by a guest. However, any item, with the exception of perishable items, left behind by our guests and found after departure by management will be collected and stored for collection by the owner for up to thirty (30) days. 

If you discover that you have left behind something of value to you, please call us immediately and we will try to assist you in locating your lost item. We would be happy to return your lost item(s) for a packaging, postage, and handling fee. Empty Spaces, LLC DBA Electric Mountain Lodge is not responsible for any item lost or misdirected during shipment by the shipper.

 

PLUMBING

Our property has a septic tank system to treat and dispose of wastewater. Guests are responsible for properly disposing of wastewater by following the guidelines below:

Failure to comply with these guidelines can result in damage to the septic system, requiring costly repairs. In the event of damage, guests may be held responsible for repair costs. Guests should report any issues with the septic system immediately.

By staying at our property, guests agree to follow this septic tank policy and understand the importance of proper wastewater disposal. If it is found that feminine products have been flushed and clog the sewer system, Renter(s)/Tenant(s) may be charged damages of up to five hundred dollars ($500).

 

STORM POLICY/ROAD CONDITIONS

No refunds will be given for storms. We do not issue refunds due to road conditions.

 

UNFORESEEN OCCURRENCES

Management will not assume liability for any loss, damage or inconvenience caused by but not limited to the following: weather conditions, natural disasters, pests, construction, acts of God, or other reasons beyond its control. There shall be no refunds available as such instances are beyond the control of Management. It is highly recommended that Guest considers travel and/or rental insurance.

 

RULES & REGULATIONS: NO COMMERCIAL USE. 

Guest agrees to comply with any and all rules and regulations that are at any time posted on the Premises or delivered to Guest. Guest shall not, and shall ensure that Guest and licensees of Guest shall not: (i) disturb, annoy, endanger, or interfere with other Guests of the building in which Premises is located or its neighbors; (ii) use the Premises for any commercial or unlawful purpose including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband; (iii) violate any law or ordinance; or (iv) commit waste or nuisance on or about the Premises.

 

MEDIATION

Guest agrees to mediate any dispute or claim arising out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved.

 

EMERGENCIES/ MAINTENANCE

In the event of a problem getting in the vacation rental or if there are problems with the condition or functionality of the cabin, please immediately contact Empty Spaces, LLC DBA Electric Mountain Lodge’s office or representative at 970-929-5522. 

 

RIGHT OF ENTRY

Guest(s) agree that Empty Spaces, LLC DBA Electric Mountain Lodge reserves the right to enter the rental property at any time to investigate disturbances, check occupancy, check for damage, to make such repairs, alterations or improvements as we may deem appropriate.

 

SECURITY & SAFETY RISKS

Always lock doors and windows when you leave the cabin. When you rent the cabin, you assume responsibility for it and its contents, as well as your personal property. Always lock the doors and windows when you leave the vacation rental. Empty Spaces, LLC DBA Electric Mountain Lodge does not assume any responsibility for injuries resulting from your failure to use due caution. Children must be supervised at all times. Candles are not allowed due to fire hazard.

 

ENTIRE CONTRACT 

Time is of the essence. All prior agreements between Owner and Guest are incorporated in this Agreement, which constitutes the entire contract. It is intended as a final expression of the parties` agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Agreement. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this Agreement. The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach. 

 

RELEASE

In consideration of the right to visit the cabin, Guest agrees to release to the fullest extent allowed by law, Owner and its Management, members, officers, associates, employees, agents, representatives, attorneys, assigns, and affiliates (collectively, the Affiliates) from all liability or responsibility of any kind whatsoever for any personal injury, death, property damage or other loss sustained by them, their minor children, any guest identified on this form, or any guest or person allowed onto the property during their rental dates as a result of their, their childrens or the guests participation in a visit to the cabin, due to any cause whatsoever, including without limitation negligence on the part of Owner or Management. Guest understands that this release will bind their heirs, administrators, executors, and any other person or entity seeking to claim under or through me.

 

AGENCY RELATION

Empty Spaces, LLC DBA Electric Mountain Lodge represents the Owner (s) of the property in this transaction.

 

ATTORNEYS’ FEES

Should it become necessary to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the premises, Renter (s)/Tenant(s) agrees to pay all expenses so incurred, including reasonable attorney fees, costs related to any action that may be taken by the Owner, and an annual compounded interest rate of eighteen (18) percent on any outstanding balances.

 

GOVERNING LAW

The laws of the state in which the property is located shall govern this Rental Agreement.

 

INDEMNIFICATION & HOLD HARMLESS

No failure of Empty Spaces, LLC DBA Electric Mountain Lodge to enforce any term hereof shall be deemed a waiver, nor shall any acceptance of partial payment of rent be deemed a waiver of Empty Spaces, LLC DBA Electric Mountain Lodge’s right to the full amount thereof or affect any notice or legal eviction proceedings in the theretofore given or commenced under state law. 

The cabin is privately owned; the Owner (s) and Empty Spaces, LLC DBA Electric Mountain Lodge is not responsible for any accidents, injuries, or illness that occurs while on the premises or its facilities. Empty Spaces, LLC DBA Electric Mountain Lodge is not responsible for the loss of personal belongings or valuables of the Renter(s)/Tenant(s) or the Renter(s)/Tenant(s) guests. By accepting this reservation, it is agreed that the Renter(s)/Tenant(s) and their guest(s) are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise.

 

WAIVER AND RELEASE OF LIABILITY / AGREEMENT TO INDEMNIFY

Any Participants who rent equipment, guides, or other offerings through Electric Mountain Outfitters, LLC, Empty Spaces, LLC, DBA Electric Mountain Lodge, and/or Bombardier Recreational Products Inc.,or  its subsidiaries and affiliates (collectively ‘BRP’), represent that they have reached the age of majority in the Region where this Waiver and Release of Liability (“Waiver”) is signed or that they are the parent or legal guardian of the Participant(s) who has not reached the age of majority in the State or Province where this Waiver is signed and therefore signs the Waiver on Participant’s behalf.

They represent that they possess a valid driver’s license (required to operate the vehicle). They acknowledge that they are voluntarily requesting to operate, ride on, be a passenger on a model specifically designed by the manufacturer to carry a passenger and/or otherwise participate in the use, testing, and demonstration (the “Activities”) of (vehicle) (the “Product(s)”). They expressly agree to use all safety equipment legally required when operating the Products and participating in the Activities, including a DOT-approved helmet (if applicable).

 

WARNING: DANGERS OF PARTICIPATION

PARTICIPANT UNDERSTANDS THAT THE ACTIVITIES AND USE OF THE PRODUCTS CAN BE DANGEROUS

DEPENDING UPON HOW THEY ARE PERFORMED AND INVOLVE A VARIETY OF RISKS,

INCLUDING BY WAY OF EXAMPLE ONLY AND WITHOUT LIMITATION: TIPPING/ROLLING

OVER, DIFFICULTY IN STEERING, PROBLEMS WITH HANDLING CHARACTERISTICS OF THE

PRODUCTS, DIFFICULTY IN STOPPING THE PRODUCTS, CRASHING THE PRODUCTS,

FATIGUE, EXHAUSTION AND/OR SERIOUS PHYSICAL INJURY, INCLUDING BRAIN DAMAGE,

PARALYSIS OR DEATH.

 

  1. Assumption of Risk

Participant expressly declares and agrees to assume the entire risk of any and all damages, occurrences,accidents and personal injury, including but not limited to disability or death, that they may suffer while using the Products or participating in the Activities. They hereby undertake and agree, while using the Product or participating in the Activities, to respect and comply with all applicable laws, rules, and regulations governing the Product’s use, to comply with directions and/or instructions given, including without limitation the content of the Safety Checklist attached. They shall be responsible for all fines, penalties, and property damage they may incur or cause to the Products, and personal injuries or property damage incurred by others as a result of their conduct and use of the Products or participating in the Activities.

 

  1. Rules of Participation and Familiarity with the Safety Checklist

Participant has familiarized themselves with the rules applicable to use of the Products and they are familiar with the provided Safety Checklist (which is incorporated herein by reference). They agree to obey such rules and safety guidelines and acknowledge that such rules and safety guidelines apply to them in all cases.

 

  1. No Alcohol or Drug Consumption

Participant agrees that they will not be under the influence of alcohol, drugs, or anything that could impair their faculties and/or judgment while using the Products or while engaged in the Activities.

 

  1. Waiver and Release of Liability

In consideration of the above, Participant, on behalf of themselves, their spouse, heirs, assigns, successors, beneficiaries, executors, attorneys, and all other legal and/or personal representatives, agree to waive, release and covenant not to sue Bombardier Recreational Products Inc., BRP US Inc., the legal entity or person renting or lending the Products to them, including Electric Mountain Outfitters, LLC, Empty Spaces, LLC, DBA Electric Mountain Lodge, and Bombardier Recreational Products Inc., its subsidiaries and affiliates (collectively ‘BRP’), and their affiliates, parents, subsidiaries, successors or predecessors in interest, assigns, or any related or affiliated entities, their employees, officers, directors, agents, dealers, representatives, attorneys, insurers, insurance adjusters, insurance agents and brokers (collectively the “Released Parties”), of and from, any and all actions, causes of actions, claims, demands, damages, losses, costs, expenses, compensation, rights, debts, liabilities, obligations, disputed, controversies, and payments of every kind and character, known or unknown, existing or contingent, latent or patent, regarding, arising from, on account of, growing out of, or in any way related to, the Activities, the Products, the conduct of the Released Parties, or their own conduct, whether or not due to their own negligence, acts, or omissions, or the negligence, acts or omissions of other third parties, or the Released Parties, for any and all known and unknown personal injuries, death, disabilities, damages, or intangible damages occurring at the time hereafter.

 

  1. Specific Release/Waiver of Unknown Claims

Participant understands that they may hereafter discover claims, facts, demands, actions, causes of action, liability, losses, damages, costs, and/or expenses in addition to or different from those that they now know or believe to be true with respect to the Activities or the Products and the matters discussed herein. Nevertheless, they acknowledge that they intend to fully and completely waive and release the Released Parties from all such unknown matters and claims.

 

  1. Indemnification

Participant agrees to indemnify, defend (with counsel satisfactory to Released Parties) and hold harmless the Released Parties against any and all third-party claims, demands, actions, causes of action, liability, losses, damages, costs, expenses and reasonable attorneys’ fees, which Released Parties may incur in any way related to their conduct, use of the Products, or their participation in the Activities.

 

  1. Responsibility

It is understood that, should Participant allow anyone other than themselves to operate or use the Products, they agree to be fully and completely responsible for the safe use of the Products, and they will insure that they have signed a Waiver and Release of Liability. All passengers must also sign a Waiver and Release of Liability.

 

  1. No Representations or Warranties by Released Parties

Participant acknowledges and agrees that no representation or warranty of any kind or nature whatsoever has been given to them regarding the condition of any facilities and/or equipment. They agree that the Released Parties shall not be liable for any alleged negligence pertaining to the condition of the facilities and/or equipment.

 

  1. Entire Agreement/Severability

This Waiver contains the entire agreement between Participant and the Released Parties, and the terms of this Waiver are contractual. This Waiver may not be modified in any way. If any part of this Waiver is determined to be invalid by law, all other parts of this Waiver shall remain valid and enforceable. This Waiver shall be governed, without regard to conflict of law provisions, by the laws of Colorado.

 

  1. Consent and Release for Use of Image

For good and valuable consideration, receipt and sufficiency of which is acknowledged, Participant  grants to Bombardier Recreational Products Inc., its subsidiaries and affiliates (collectively “BRP”) the unrestricted, absolute, perpetual, right and license to reproduce, copy, modify, display, distribute, perform, broadcast, transmit, create derivatives from, and otherwise use in perpetuity their likeness, voice, image, quotes, name and photograph(s), in whole or in part (collectively called the “Works”) throughout the world, in any media or embodiment now known or hereafter to become known, including without limitation, television, print, CD-ROM, the Internet and online media for the purpose of advertising, publicity, trade or any other lawful purpose whatsoever including, without limitation, to support BRP’s business. Participant agrees that no use of the Works need be submitted to them for any approval and that they will not hold BRP, or anyone who receives permission from BRP, liable from use, reproduction, display, and distribution of the Works in accordance with the terms hereof, including any claims of defamation, invasion of privacy or violation/infringement of rights of publicity. Participant releases BRP from any claims and/or damages that may arise regarding the use, reproduction, display, and distribution of their image, name, voice, words and/or likeness including any claims of defamation, invasion of privacy or violation/infringement of rights of publicity.

 

  1. Full Understanding of Release and Waiver/ No Coercion

Participant declares that they they have fully read and understood this final and complete Waiver, including the applicable safety checklist(s).

Participant declares that they have not been influenced to any extent whatever in making this Waiver by any representations or statements regarding the Activities, Products, or any other matters, made by the Released Parties and understand that they are giving up substantial rights by signing it and do so voluntarily.

Participant voluntarily and knowingly allows Bombardier Recreational Products Inc., its affiliates and subsidiaries, and authorized dealers to collect their name, postal address, email address, and phone number so that they may contact them for marketing and promotional purposes related to BRP products and services.

 

EQUAL OPPORTUNITY DISCLAIMER

Electric Mountain Lodge is located in the Grand Mesa, Uncompahgre and Gunnison National Forests and we are an equal opportunity service provider.