Cancellation Policy and Vacation Rental Agreement

By booking reservations with www.caprockproperty.com, you agree to all Policies, Terms and Conditions and Agreement posted on this site.

Vacation Rental Agreement

This Vacation Rental Agreement (“Agreement”) is for the rental of the vacation rental property specified in the confirmed reservation (the “Property”).  This Agreement is between the owner of the Property (“Owner”, “we”, “us”, “our”, “www.caprockproperty.com”), and (2) the person who is the responsible renter of the Property (collectively “Renter”, “you”).

By booking the rental of the Property with the Owner, you acknowledge that you have read and understand, and agree to be bound by all Terms and Conditions and Privacy Policy in this rental agreement (“Agreement”, “Rental Agreement”).

Rental Agreement

1. No smoking of any kind is permitted in or around the property, including common areas of the Resort at Squaw Creek, parking lots, or adjacent areas at any time.
2. Maximum Occupancy-Renters must adhere to the maximum occupancy of guests listed on the reservation and authorized by www.caprockproperty.com.
3. Minimum Age-Renters must be at least 21 years of age or older (“minimum age”) at the time of booking to book the reservation.  Guests under the age of 21 must be accompanied by a parent or legal guardian during the stay.  You agree to provide proof of age if requested.
4. No commercial photography or filming is permitted in or around property or resort.
5. You agree to be an Occupant of the Property during the duration of the rental.  Subleases are not allowed.  You are fully and solely responsible for the actions of you and your guests (“Occupants”).  All guests will be family members, friends, and responsible adults over the age of 21 or accompanies by a legal guardian or parent. Any damages incurred to the property during the stay will be charged to the Renter’s credit card on file.
6. Pets are not permitted in the Property or common areas by Renters.
7. Good Neighbor Policy:  All properties are privately-owned homes.  All Occupants must comply with rules and guidelines of the property, including quiet hours from 10pm to 8am.  All Occupants are expected to treat the Property with the same care of your own residence and leave the property in the same condition it was in when you arrived.  You agree to use your best efforts to protect and defend the property while under your control, including locking doors, closing windows, avoiding water damage of any kind, storing food, use of appliances, disposing of waste properly in drains, sinks, tubs and toilets, and other reasonable precautions.
8. Illegal, nuisance, loud, or obstructive activity prompting complaints is prohibited.  This may result in fines, prosecution, and/or immediate removal from Property and banned from future stays.  Use of the internet for criminal activity is expressly
9. Cancellation Policy: All bookings are non-refundable unless you cancel within 72 hours of a booking and there are more than 30 days from check-in. All bookings 30 days or less to check-in are non-refundable. No refunds will be given for failing to arrive the first night of the check-in or departing before the check-out reservation.
10. Travel insurance:  We highly recommend you purchase travel insurance to help protect against financial loss if you must cancel your reservation for a covered reason. 
11. Pets are expressly prohibited.
12. Payment Terms; Fraud:  If you are paying with a credit card, you represent that you are the account holder or an authorized user of the account.  If we believe your payment may be refused by the card processor, we may ask for a different form of payment and proof you are the account holder or authorized user.  We may cancel your reservation or remove you and all Occupants from the Property immediately if you fail to provide a form of payment that can be validated by the Owner.  We may share your credit card information with law enforcement in the event of suspected fraud.
13. Cancellation Policy; No Shows:  Unless otherwise stated, rental payments are fully refundable within 72 hours of booking if there are more than 30 days prior to check-in.  No full or partial refund will be granted if you arrive after the first night of your reservation or depart before the last night of your reservation.  We are not liable if the property is unavailable or becomes partially or wholly unusable for any reason outside of our control, including but not limited to adverse weather, natural disasters, mechanical failures, evacuation orders, acts of government agencies, utility outages, or road closures.
14. Maintenance or Housekeeping Issues; Property Issues:  The Property is provided as is, and we are not responsible for the inoperability or unavailability of any amenities.  You agree to notify us at [email protected] if you notice any maintenance or housekeeping problems, or any potentially hazardous condition, at the Property, or if any incident occurs at the Property that is related to such problem or condition.  You further agree to give us ample time to respond to address and provide a remedy.  We will take responsible steps to cure the reported problem as soon as practicable.  We may enter the Property at your invitation to inspect, maintain or repair the Property, and to address any situation we reasonably deem an emergency that threatens persons or property.  You acknowledge that shared pools, hot tubs, fitness centers, spa, game room, restaurants or any amenities on the property are out of our control.
15. This Agreement shall be governed by the state of California.
16. Dispute Resolution:  If you have a problem or dispute, we will try to resolve your concerns.  If we are unsuccessful, you or we may pursue claims as explained in this section.  To give us the opportunity to resolve informally your disputes relating to this website, this Agreement, or Terms and Conditions, our Privacy Policies, or any other services, you agree to communicate your claim to [email protected] or call 855-779-1500.  You agree to not file any formal complaint, arbitration until 60 days and give us that time to resolve the matter directly.  If after 60 days from the day you submitted a claim to [email protected] your claim is not resolved, you may seek relief through arbitration or small claims court, as set forth below. There is no judge or jury in arbitrations, and court review is limited.  You agree to abide by the rules of the American Arbitration Association, as well as the AAA Consumer Rules.  Any and all arbitration proceedings to resolve claims will be on an individual basis, not by class, consolidated or representative action.  You waive your right to a jury in the event arbitration claims proceed to court.
17. Disclaimers and Disclosures; Risks:  You understand and acknowledge that Property may have features, amenities and conditions that are unfamiliar to you and other Occupants.  You further acknowledge that your use of the Property and its amenities may carry inherent risk, including risk of bodily injury, illness or disease, disability, or death.  Some properties include natural habitats for wildlife, insects, pests, stairways, ledges, cliffs, hiking trails, hot tubs, ski lifts, fitness equipment, activities provided by or sponsored by Resort at Squaw Creek, unmarked natural and manmade features, amenities, and conditions that carry inherent risks.  You agree that by using the Property, you assume full responsibility for your choices before, during and after you leave the property.  You also acknowledge that you and all other Occupants are solely responsible for the supervision, health, safety, and care of any minors during your stay.

To the maximum extent provided by law, Owner expressly disclaims any warranties of safety, fitness for a particular purpose.  In no case shall the Owner, www.caprockproperty.com, trusts, agents, affiliates, officers, directors, employees be liable for any indirect, incidental, consequential, special or exemplary damages, or for any damages for personal or bodily injury, illness or disease, emotional distress, or damage to Property, arising out of or in connection with your stay at the Property.  This limitation applies to all claims for damages whether based on a theory of warranty, contract, tort (including ordinary negligence), strict liability or otherwise, even if we have been advised of the possibility of such damage and even if the limited remedy set forth herein is found to have failed of its essential purpose.

You agree to hold harmless and indemnify the Owner and their respective affiliates for and from all claims for property damage, personal injury, illness or disease, or monetary loss resulting from your actions or omissions, and the actions or omissions of other Occupants, during or related to your stay.