Terms and Conditions, www.gondolaresorts.com
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 “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. If you do not accept the Agreement in full, do not book with us. 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.
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. We also require a signed registration form that must be returned to our office via fax or email. Without this signed form, guest will not be allowed to check-in. 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.
DAMAGE DEPOSIT. Tenant understands that a damage deposit is collected on certain properties and shall secure all Tenant's obligations under this Agreement. Tenant shall not be entitled to any interest earned on the Deposit. GR may use, apply, withhold, or retain all or any part of the Damage Deposit to the extent required to satisfy any financial obligation Tenant owes GR under this Agreement or other law, whether accruing during the Rental Term or upon termination of this Agreement, including but not limited to any costs or reasonable attorneys' fees GR incurs in connection with any failure of Tenant to perform any obligation under this Agreement, regardless of whether Tenant initiates any lawsuit or other formal legal action. Within sixty (60) days following the termination of this Agreement or surrender and acceptance of the Premises, whichever occurs last, GR shall return to Tenant all of the Damage Deposit not withheld by GR along with a written statement that accounts for the portion of the Damage Deposit GR has withheld and lists the exact reasons for the withholding. Tenant releases GR from and severally indemnify and hold GR harmless against, any claims, causes of action, demands, damages, costs, expenses (including but not limited to reasonable attorneys' fees) or other liabilities of any nature whatsoever that are asserted against or incurred by GR in connection with any dispute between GR and Tenant relating to the Damage Deposit.
MAINTENANCE & DAMAGE & RECOVER FEES. Tenant acknowledges that, unless GR is notified immediately upon occupancy, 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. Tenant agrees to pay for any and all damages to property and authorizes GR to charge credit card on file by logging Internet IP address and date time information alone in this agreement. GR may charge recovery fees to Tenant in the amounts set forth exclusively by GR. Tenant hereby authorizes GR to charge Tenant's credit/debit card on file for any and all recovery fees assessed by GR for any and all violations.
OCCUPANCY. Tenant must be 25-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 and other responsible adults. 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.
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.
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 for the Property as published on the GR`s website 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.
SMOKING POLICY. SMOKING IS NOT ALLOWED INSIDE OR OUTSIDE OF THE PROPERTY.
Tenant is responsible for all damage caused by the 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 $800 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 up to $15,000.
PET POLICY. NO PETS ARE ALLOWED INSIDE THE PROPERTY UNLESS AUTHORIZED IN WRITING OR GUEST IS BOOKING A PET-FRIENDLY UNIT. If unauthorized pet/pets are 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 $600 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.
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.
UNAVAILABILITY. If for any reason the 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 reserved. 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.
INDEMNIFICATION AND WAIVER. Tenant will indemnify, defend and hold harmless GR employees, owners, property management company, owner of the Property and GR from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage or 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. Tenant agrees to hold Gondola Resorts employees, GR and the owner of the Property harmless from any claims for damages, no matter how caused, except for injury or damage caused by negligence or willful misconduct of GR or the owner of ("Released Parties") from any and all liability for costs, expenses or damages due to loss of property or for personal injuries or death ("Claims") which may occur to Tenant and/or Tenant’s guests and licensees while on or about the Property. Tenant hereby assumes the risk of a Claim while using the Property. The waiver and release is intended to be a full and complete waiver and release of the Released Parties 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.
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 and the owner of the Property recommends that Tenant carry or obtain insurance to protect Tenant, Tenant`s guests and licensees from any loss or damage.
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.
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.
VENUE. Venue and jurisdiction for resolving any dispute relating to this Agreement shall lie exclusively in Colorado State courts located in Denver, Summit or Pitkin County.
TIME. Time is of the essence of this agreement.
ATTORNEYS FEES. In any action or proceeding involving a dispute between GR and Tenant arising out of this Agreement, the prevailing party will be entitled to reasonable attorneys` fees and any costs incurred in enforcing this Agreement.
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.
ENTIRE AGREEMENT. This Agreement (and any other terms and conditions referenced on our website) constitutes the entire agreement between you 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.
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.
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, or the performance of scheduled flights, tours, or the availability of services, hotel rooms or rental cars.
LIMITATION OF LIABILITY. Gondola Resorts, Inc. assumes no liability for your stay in any state or the activities that you take part in or related to any promotion supported by Gondola Resorts, Inc. 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).
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.
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.
CANCELLATION POLICY. For stays 11/1 - 4/22, 91-days or more prior to arrival, 50% of total rental amount refundable. 90-days or less prior to arrival, reservation is non-refundable. For stays 4/23 - 10/31, 61-days or more prior to arrival, 50% of total rental amount refundable. 60-days or less prior to arrival, reservation is non-refundable. All other scenarios, reservation is non-refundable. We highly recommend purchasing travel insurance via CSA for your reservation 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.
DATE CHANGES. Any date change(s) to the original reservation will result in a $50.00 change fee.
LIFT TICKETS: All lift ticket products are non-transferable and non-refundable. Additional days purchased at the ticket window must be purchased at the window rate.
LESSONS: All ski and snowboarding lesson reservations are non-refundable 5-days or less prior to the scheduled lesson start time.
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 Hyatt Grand Aspen, guest will be subject to and agrees to moving units on Saturday by 11:00am.
COVID-19 CLOSURES. GR does not guarantee the availability of swimming pool, hot tub, fitness facility, steam room, sauna, outdoor grill, daily housekeeping, or any other amenity/service that might be affected by Covid-19 closures. Tenant acknowledges and understands that housekeeping services have been reduced to protect both the employees at this location and the Tenant(s).Tenant(s) acknowledge that they will not receive daily housekeeping nor the level of service that may be listed on the property page, advertisements or on the Gondola Resorts' website.