hese Terms and Conditions are an essential component of the agreement to lease the Rental Property to the Guest. Specific sections within these terms may require the guest's initials to acknowledge their agreement.
• By acknowledging these Terms and Conditions, you are agreeing to their legally binding nature, thereby indicating your understanding and acceptance of all the provisions contained herein.
*** IMPORTANT RULES ***
1. Guests must supply TierOne Property Management with a valid state-issued ID within 24 hours of making a booking. Should the ID not be provided within 48 hours, TierOne Property Management LLC reserves the right to cancel the booking without any penalties.
2. Prior approval from TierOne Property Management LLC is required for all in-state residents before proceeding with the booking.
i. The booking guest must be at least 21 years old, unless an exception has been granted by contacting TierOne Property Management LLC.
ii. All paid prepayments are non-refundable
3. Weddings, events, and photo/video shoots are prohibited at our home unless expressly permitted by TierOne Property Management LLC.
i. All reservations cannot begin or end on a Saturday
4. The standard check-in time is from 4:00 PM onwards, and check-out time is at 10:00 AM.
i. Please ensure that noise levels are kept to a minimum after 10:00 PM. Further details can be found in Section 6 of this agreement.
ii. Smoking or vaping products are not permitted on the premises.
iii. If pets are permitted in this home, there is a non-refundable fee of $100 per pet weighing under 30 pounds. Please refer to the listing details for more information.
iv. Any excess of the number of guests listed on the lease is considered unacceptable and will incur a fine of $100 per night.
5. Upon request, one complimentary air mattress is provided.
i. Parking restrictions may apply
6. No signage or decorations of any kind are permitted on the exterior or interior of the home, and guests will incur a cleaning charge if TierOne cleaners are required to address excessive dirtiness.
i. Commercial vehicles and food trucks are strictly prohibited from parking on site or parking at the home
ii. Reservations beyond 6 months may not be accepted
iii. The additional guest fee is $100 per night for each guest exceeding 12 people.
7. Security cameras are installed at the property, monitoring the outside front entry and the backyard for safety and security purposes. They are not actively monitored unless issues arise during a guest's stay.
8. Bookings made by guests with a criminal history will not be honored and will be canceled at no expense to TierOne Property Management LLC.
9. A full refund will be provided for cancellations made up to 60 days before check-in. However, after this period, no refunds will be authorized for any deposits. Please review this cancellation policy carefully before confirming your stay.
10. CITY NOISE ORDINANCE: The Rental Property is situated within a serene residential neighborhood, subject to strict noise regulations enforced by the city. Between the hours of 10:00 PM and 7:00 AM, loud noises, music, or disruptive activities, including loud vehicle operation, are prohibited. Guests are obliged to respect their neighbors' right to peaceful enjoyment of their properties and must adhere fully to local noise ordinances. It is expected that guests exercise discretion and keep noise levels low, particularly during nighttime hours. Any actions taken by local law enforcement or homeowners' associations due to noise disturbances are the sole responsibility and expense of the Guests. In the event of reported excessive noise, TierOne Property Management LLC reserves the right to immediately evict the guest and all occupants, imposing a charge of $1,000 with no refund for the remaining reservation period. Guests, along with any additional permitted individuals, are required to maintain order within the premises and its surroundings, refraining from creating loud or disruptive disturbances. Noise levels must be minimized after 10:00 PM, and similar consideration should be applied during daytime hours. Guests and their permitted companions are prohibited from generating loud noise that disturbs, annoys, endangers, or inconveniences neighbors. Furthermore, the Premises must not be utilized for any immoral, offensive, or unlawful activities, and guests must adhere to all laws, association regulations, and ordinances, refraining from any actions that could result in waste or nuisance on or around the Premises.
11. TERMS OF USE: The Premises is designated for the sole and exclusive use of the Guest as a private single-family dwelling. Throughout the term of this Agreement, no part of the Premises shall be utilized by the Guest for conducting any business, profession, or trade, or for any purpose other than as a private single-family dwelling. Guest shall not permit any other individual to occupy or utilize the Premises without obtaining prior written consent from the Owner. Compliance with all applicable laws, ordinances, rules, and orders of governmental or quasi-governmental authorities pertaining to the cleanliness, use, occupancy, and maintenance of the Premises is required. It is expressly prohibited to utilize our rental properties for weddings, receptions, parties, or gatherings exceeding the registered number of guests unless explicitly approved in writing by TierOne Property Management LLC. Any disruptive events may, at the discretion of TierOne Property Management LLC, result in immediate eviction and forfeiture of the entire rental amount and security deposit.
i. Subletting Prohibited: Guest is not permitted to assign this Agreement, sublet, or grant any license for the use of the Premises, or any part thereof, without the prior express written consent of TierOne Property Management LLC, which may be withheld at its sole discretion. Any assignment, subletting, or licensing without prior written consent from TierOne Property Management LLC, or by operation of law, shall be deemed null and void, and may, at the option of TierOne Property Management LLC, terminate this Agreement.
ii. As previously stated, weddings or events are not permitted at this residence.
iii. House Parties/Large Gatherings/For-Profit Events: House parties, large gatherings, and events where tickets are sold or fees are charged to guests who are not acquaintances of the hosting guests are strictly prohibited and may result in the immediate termination of this Agreement and the Guest's removal. (*Please inquire explicitly for information regarding weddings, parties, or large events.)
12. The Premises is provided in "as is/sight unseen" condition. TierOne Property Management LLC endeavors to ensure the functioning of all amenities within the Premises, such as Internet access, satellite or cable TV access, spas, pools, and fireplaces, as applicable, through reasonable efforts. The Premises is individually owned and furnished. While TierOne Property Management LLC strives to accommodate its guests, no refunds or adjustments will be made if the Guest finds the decor or furnishings unsatisfactory to their personal tastes and preferences.
1. Maintenance: In the event of equipment, appliance, or utility malfunction during the Guest's stay, TierOne Property Management LLC will expedite repairs. Guests are advised to promptly report any issues to TierOne Property Management LLC, as most problems can be addressed swiftly.
2. Property or Guest Amenities: While every effort will be made to provide property amenities or guest amenities as expressly advertised or offered in writing, TierOne Property Management LLC cannot guarantee or warrant the availability of any specific property amenity or guest amenity. Guests should promptly report any concerns regarding property amenities or guest amenities to our office.
3. Utilities: No compensation will be provided for temporary outages of electricity, gas, water, cable, satellite, or telephone service. Guests should report utility service outages immediately, and TierOne Property Management LLC will endeavor to restore services promptly. If restoration is not feasible, TierOne Property Management LLC reserves the right to substitute rental properties (see Right to Change Rental Assignments below) for the remainder of the reservation period or until utilities are fully restored, whichever occurs first, subject to availability.
13. NO SMOKING: SMOKING IS STRICTLY PROHIBITED INSIDE THE RENTAL PROPERTY OR WITHIN A 25-FOOT RADIUS OF THE PROPERTY. THIS PROHIBITION INCLUDES THE USE OF MEDICAL MARIJUANA AND ADULT-USE (RECREATIONAL) MARIJUANA. Any evidence of smoking inside the Rental Property or in its vicinity will result in immediate eviction, forfeiture of all payments made, and additional cleaning fees charged to the Security Deposit Credit Card(s).
1. SMOKING AND VAPING: Smoking and vaping are strictly prohibited inside the Premises. Smoking is permitted only in designated outdoor areas such as patios and yards. If it is determined that smoking occurred inside the Premises, a $500.00 charge will be automatically applied to the Guest's credit card or booking platform. TierOne Property Management LLC retains final authority regarding all aspects of this provision of the Agreement.
2. ILLEGAL SUBSTANCES: The presence of illegal substances in the Rental Property is strictly prohibited, and minors are not permitted to possess alcohol. Violations of this policy will result in immediate eviction from the Rental Property without refunds. All occupants must adhere to federal, state, and local laws and ordinances, including those regarding illegal drugs and substances.
3. FIREARMS, EXPLOSIVES, AND FIREWORKS: Firearms, explosives, and fireworks are not permitted on the Rental Property.
14. CRIME-FREE PROVISIONS: Guests, occupants, family, invitees, or individuals under the Guest's control are prohibited from engaging in or facilitating any acts involving imminent or actual serious property damage, criminal activity, violence, illegal drug-related activity, prostitution, criminal street gang activity, threatening behavior, unlawful discharge of firearms, or assault. Violation of this provision constitutes a material breach of this Agreement, warranting immediate cancellation and surrender of possession.
15. NO COMMERCIAL USE: Guests must comply with all posted rules and regulations of the Rental Property. They are prohibited from disturbing, endangering, or interfering with other guests or neighbors, using the Rental Property for commercial or unlawful purposes, violating any laws or ordinances, or causing waste or nuisance on or around the Rental Property. Commercial vehicles and food trucks are strictly prohibited from parking on-site or at the home.
16. We maintain a zero-tolerance policy regarding excessive noise, parties, or disturbances to neighbors. Guests are expected to familiarize themselves with and adhere strictly to our Terms, as enforcement is rigorous.
17. ADDITIONAL CHARGES/DAMAGES: Guests are responsible for reporting any pre-existing damages within 24 hours of check-in and any damages occurring during their stay immediately to TierOne Property Management LLC. Damages will be charged either to the card on file or through the booking platform, and guests are expected to resolve them within 24 hours of filing a claim. Failure to comply with the terms and conditions of this Agreement may result in immediate eviction without refund, along with additional charges for violations as follows:
i. Excessively Dirty Premises – $500
ii. Excessive Noise – $500
iii. Unregistered Pet – $500
iv. Unauthorized Late Check-Out – $100 a hour
v. Local Ordinance Violation – $500 + City Fine to owner
vi. Indoor Smoking (of any kind) – $500
18. Guests consent to any appropriate charges for violations being applied to the credit card provided in connection with this Reservation.
19. DAMAGE WAIVER, CAPACITY RESTRICTIONS, AND HOME COMPLIANCE INSTRUCTIONS: Our properties undergo inspection before and after each reservation.
20. The sleeping capacity for this Rental Property is restricted to the number of beds provided, accommodating a specific number of guests. Additional guests beyond the maximum sleeping capacity require prior written permission from TierOne Property Management LLC and will incur a charge of $100 per guest, per night. Smoking and parties are strictly prohibited.
21. RESERVATIONS: All reservations are subject to approval by Management and Property Owner. Online rates may change without notice. Online bookings are confirmed only upon receipt of written confirmation within 48 hours of the Guest providing photo ID. Should any issues arise with the reservation, guests will be contacted within 48 hours.
22. PROPERTY: The Guest rents the furnished Rental Property described in the Reservation solely for vacation purposes.
23. ARRIVAL & DEPARTURE: Check-in time is from 4:00 PM on the arrival date. Early check-in may be available for an additional fee if circumstances permit. Check-out time is no later than 10:00 AM on the departure date. Late check-out options may be available for an additional fee, subject to availability (not available during peak season). Any approved early check-in or late check-out requests will be confirmed via email.
24. PAYMENTS: All payments are nonrefundable after 60 days. A deposit is required to reserve the rental property more than 30 days prior to arrival. The balance payment is due 30 days before arrival and will be automatically charged to the same credit card used unless otherwise communicated. Within 30 days of arrival, the total cost is due to reserve the rental property. Cancellations made up to 60 days before check-in are eligible for a full refund; however, no refunds will be authorized for cancellations made after that.
25. CANCELLATIONS & REFUNDS: Please review our cancellation policy carefully before confirming your stay. Full refunds are available for cancellations made up to 60 days before check-in.
26. RESERVATION CHANGES: Date change requests or requests for discounts after booking are not permitted and are subject to our cancellation policies. Requests to change homes/locations or to use funds kept as cancellation penalties to book another home will not be granted.
27. UNAVAILABILITY: In the event that the Rental Property becomes unavailable due to circumstances beyond our control, Management may substitute a comparable unit or cancel this Agreement and refund all payments made by the Guest.
28. STRICT NOISE ORDINANCE: Guests must comply with the city's noise ordinance, which prohibits loud noises, music, or loud vehicles between 10:00 PM and 7:00 AM. Excessive noise may result in immediate eviction and a $500 charge with no refund for the remaining reservation period.
29. APPROVED GUESTS AND USE: The Rental Property is for the sole use as a personal vacation residence by approved guests. Guests are responsible for any individuals using the Rental Property during the agreement's term. Guest may not exceed the maximum occupancy for the Property at any time.
30. OCCUPANCY: Approved guests are responsible for maintaining lawful behavior on the Rental Property and assume full responsibility for any damages or losses incurred.
31. CLEANING: The Rental Property will be delivered in a professionally cleaned condition, and guests are responsible for the cost of cleaning. Excessive cleaning fees may be charged for additional cleaning required due to guest activities.
32. MAXIMUM OCCUPANCY: The Rental Property shall not be occupied by guests exceeding the maximum occupancy specified in the rental agreement. Breach of this provision will result in immediate termination of the rental agreement, with forfeiture of the entire rental amount and/or security deposit (if any).
33. NO PARTIES: Our rental properties are located in residential areas and are not to be used for weddings, receptions, parties, or large gatherings without prior written approval from TierOne Property Management LLC. Hosting disruptive events may result in eviction and forfeiture of the entire rental amount and security deposit.
34. ILLEGAL SUBSTANCES: The presence of illegal substances on the rental property is strictly prohibited, and minors are not permitted to possess alcohol. Violations will result in eviction without refunds.
35. TV/CABLE/INTERNET/SATELLITE: TV, cable, internet, streaming services, and satellite services are provided as conveniences and are not integral to this agreement. No refunds will be given for issues related to these services, and guests are responsible for their internet activity.
36. AIR CONDITIONING/HEATING: Guests agree to set the air conditioning no lower than 72 degrees and the heat no higher than 78 degrees, with the fan setting on "Auto". Doors and windows must be closed when HVAC systems are in operation, and no refunds will be issued for malfunctioning units.
37. POOL AND SPA / “USE AT OWN RISK”: If the Rental Property includes a pool or spa, guests acknowledge that these features are used at their own risk. Management does not provide lifeguard supervision, and guests are responsible for supervising children and guests. Guests must adhere to safety guidelines and are liable for any damages resulting from misuse or negligence.
38. POOL HEATING: (Excluding condos or community pools): Pool heating is available for an additional fee and must be paid for prior to use. Guests agree not to tamper with pool heat controls and understand that the effectiveness of pool heaters may vary based on external factors such as ambient air temperature. No guarantees are made regarding the pool's temperature, and the payment of pool heating fees does not guarantee a specific temperature.
39. SPA HEATING: (Excluding condos or community pools): Guests may request spa heating for an additional fee prior to use. Guests agree not to tamper with spa heat controls. Spa heat shall not exceed 104 degrees Fahrenheit. The effectiveness of spa heaters may vary based on external factors, and there is no guarantee of achieving a specific temperature. The cost per day covers attempts to adjust the heater thermostat. This fee compensates TierOne Property Management LLC for the additional electrical expense associated with heating the spa.
40. FIREPIT/FIREPLACE/TORCHES “USE AT OWN RISK”: Guests acknowledge that firepits, fireplaces, or outdoor torches are used at their own risk. Management does not provide supervision for these amenities. Guests are responsible for explaining the risks to their guests and ensuring proper use. Guests agree to extinguish firepits/fireplaces or outdoor torches when retiring for the night or when not supervised. Guests also agree to comply with requests from TierOne Property Management LLC to extinguish fires during windy conditions or for safety reasons.
41. THIRD PARTY VENDORS HIRED BY GUESTS: TierOne Property Management LLC does not assume responsibility for any third-party vendors hired by guests. Guests are responsible for any loss or damage caused by hired vendors and must uphold agreements made with them. Unauthorized events are prohibited, and violations may result in immediate eviction without refunds.
42. 29. PREVENTATIVE CARE & MAINTENANCE VENDORS: Maintenance vendors carry their own liability insurance and operate independently from TierOne Property Management LLC. Guests assume responsibility for any work performed by their chosen vendors. Preventative maintenance vendors may visit the property unannounced to ensure upkeep. Prohibiting their access may result in charges if it affects future guest stays.
43. SECURITY CAMERAS: Guests acknowledge the presence of security cameras for safety and security purposes. Concealed cameras are strictly prohibited. Footage may only be released to law enforcement or upon official request from a licensed attorney.
44. SYSTEM(S) FAILURES: Neither the Rental Property owner nor the Management shall be liable for damages resulting from system failures. Management will make reasonable efforts to repair or replace failed systems promptly.
45. PLUMBING/TOILETS/GARBAGE DISPOSALS: Guests agree to use plumbing apparatus only for their intended purposes and to avoid depositing inappropriate substances. Any damage resulting from misuse shall be borne by the guest.
46. DAMAGES: Guests must report any damages within 24 hours of their stay. Damages reported after departure are at the guest's expense. Photos and invoices will be provided for damage claims, and charges will be applied to the guest's credit card on file. Damages are defined as physical harm caused to something in such a way as to impair its value, usefulness, or normal function.
47. TRAVELER’S/RENTAL INSURANCE: Guests are encouraged to purchase traveler’s insurance with coverage up to $1,500, as TierOne Property Management LLC does not provide rental coverage or traveler’s insurance. The responsibility to source and purchase insurance lies solely with the booking host.
48. PARKING: Guests must adhere to parking regulations specified in the listing details. Vehicles must be parked in designated areas, and violations may result in fines, immobilization, or towing. On-street parking is strictly prohibited, and certain vehicle types are not permitted on the premises.
49. UNFORESEEN OCCURRENCES: Management disclaims liability for any loss, damage, or inconvenience caused by unforeseen circumstances such as weather conditions, natural disasters, or other events beyond its control. No refunds will be issued for such occurrences, and guests are advised to consider travel and rental insurance.
50. RULES; REGULATIONS: Guests agree to comply with all rules and regulations posted on the Rental Property or delivered to them. Commercial use of the property is prohibited, and guests must not disturb other occupants or violate any laws or ordinances.
51. MAINTENANCE & REPORTING: Guests are responsible for the proper use and maintenance of the Rental Property, including reporting any issues promptly. Guests must cover the cost of repairs or replacements resulting from misuse or failure to report problems.
52. ENTRY: Management and its representatives have the right to enter the Rental Property for various reasons, including repairs, inspections, or emergencies. Notice may be provided except in cases of emergency.
53. TERMINATION OF OCCUPANCY: Upon checkout, guests must return all keys, vacate the property, and leave it in the same condition as upon arrival, except for ordinary wear and tear.
54. HOLDOVER: Guests who fail to vacate the property at the agreed checkout time may be charged twice the prevailing rental rate per day until they vacate. Guests are responsible for any additional costs incurred by the next tenant due to holdover.
55. WEATHER/MOTHER NATURE/CONDITIONS BEYOND OUR CONTROL: Management cannot be held responsible for circumstances beyond its control, including noise, weather-related issues, road closures, or utility interruptions.
56. PERSONAL PROPERTY AND INJURY: Guests' personal property is not insured by the Owner or Management against loss or damage. Guests are advised to obtain insurance to protect themselves and their belongings. Guests agree to indemnify and hold harmless the Owner and Management from any claims or disputes.
57. DISPUTE RESOLUTION: Any disputes arising from this Agreement shall be resolved through mediation administered by the American Arbitration Association within 30 days of written notice of the dispute. If mediation fails, further dispute resolution measures may be pursued.
1. **Arbitration**: If mediation fails, disputes will be resolved by binding arbitration conducted by the AAA under its Commercial Arbitration Rules. The prevailing party may recover attorneys’ fees and court costs. The arbitration shall take place in Phoenix, Maricopa County, Arizona.
2. **Exceptions**: Both parties retain the right to pursue claims in small claims court or seek injunctive relief for intellectual property rights violations.
3. **Class Action and Jury Trial Waiver**: Disputes will be resolved on an individual basis, and the parties waive the right to participate in class actions or jury trials.
NON-DISPARAGEMENT:
58. Parties agree not to make critical, demeaning, or disparaging statements about each other or their services. This includes refraining from any negative public statements, whether oral, written, or visual, that could harm the other party's reputation or business prospects.
NOTICES:
59. Notices must be in writing and delivered personally, by mail, or email. They shall be deemed received when personally served or emailed, or on the third business day after mailing, except in the event of mail service disruption.
INDEMNIFICATION:
60. Guest agrees to indemnify and hold harmless TierOne Property Management LLC and its affiliates from any claims, losses, liabilities, damages, or expenses arising from actions related to the Rental Property or services performed under the Agreement, except for TierOne Property Management LLC's percentage of fault.
LIMITATION OF LIABILITY:
61. TierOne Property Management LLC and its affiliates shall not be liable for indirect, incidental, consequential, or punitive damages arising from the Agreement, including personal injury or property damage. TierOne Property Management LLC's liability for breach of contract or negligence shall not exceed the total leasing fee received during the three-month period prior to the liability event.
OFFSET:
62. TierOne Property Management LLC reserves the right to offset any amounts owed by Guest against any obligations owed to Guest, whether under this Agreement or otherwise.
JOINT AND INDIVIDUAL OBLIGATIONS:
63. If there are multiple Guests, each shall be individually responsible for fulfilling all obligations under the Agreement, jointly and individually with every other Guest.
ENTIRE CONTRACT:
64. This Agreement constitutes the entire contract between TierOne Property Management LLC and the Guest, incorporating all prior agreements. It serves as the final expression of the parties' agreement and may not be contradicted by evidence of any prior or contemporaneous oral agreements. The parties intend for this Agreement to be the complete and exclusive statement of its terms, and no extrinsic evidence may be introduced in any legal proceeding involving this Agreement. The invalidity of any provision shall not affect the validity or enforceability of the remaining provisions. The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach.
GOVERNING LAW:
65. This Agreement shall be governed by the laws of the State of Arizona and interpreted under its jurisdiction in the Superior Court of Maricopa County. The parties acknowledge that the Arizona Residential Landlord and Tenant Act does not apply to this Agreement, and instead, their relationship is governed by A.R.S. § 33-301 et seq.
. FORCE MAJEURE:
66. TierOne Property Management LLC and its affiliates shall not be liable for any delay or failure to perform obligations under this Agreement due to causes beyond their reasonable control, including acts of God, natural disasters, labor disputes, governmental actions, or other events considered force majeure.
. TIERONE PROPERTY MANAGEMENT STORAGE/LOCKED AREAS:
67. TierOne Property Management LLC may utilize a storage garage on the premises for its operational needs. Locked areas designated for owner's personal storage are off-limits to guests, and entry into these areas is prohibited. Violation may result in charges to the Guest or termination of the lease.
. RELEASE:
68. In consideration of the right to visit the home, the Guest releases TierOne Property Management LLC and its affiliates from all liability for any personal injury, death, property damage, or loss sustained during the rental period, arising from the Guest's or their guests' participation in activities related to the rental property.