1. THE CONTRACT
This Contract for a short-term rental is between Svetlana Hanson, Jamie Kessler, and Kristen James, (referred to as “Sedona Wanderlust, us, we or our”) and the person making the booking and all members of the guest’s party (referred to as “the Guest, or your or you”) in the following booking conditions. Arizona law will govern the Contract. The Contract of hire is not effective until we have processed the deposit. The Contract will be subject to these booking conditions. The booking guest must be at least 25 years of age at the time of booking and prior to arrival. We require a list of the names, ages, zip codes, and contact details of all guests.
2. DEPOSIT AND PAYMENT
Bookings are confirmed upon receipt of the deposit of 25% of the booking cost. The deposit must be paid within 3 days of the booking being placed. The balance of the rental fee will be due thirty days before the first day of the reservation.You will receive a reminder email 5 days prior to this 30-day deadline that will have a link to enable the payment to be made directly. You will also receive a confirmation email, which will confirm your reservation dates and outline the deposit that has been paid and any outstanding balances to be paid. If we have not received payment of the balance by the due date, we will be entitled to treat that as your intention to cancel the booking. If your reservation is made less than thirty days before the reservation commencement date, your booking will only be confirmed, and our Contract will only come into force once we have received payment in full for the booking in cleared funds. No entry to the property will be allowed without payment in full.
a) If your booking has to be canceled because Sedona Wanderlust is under government restrictions and has to close and the period of closure covers your booking, you will be refunded in full.
b) If your given address is put under local/regional lockdown, rendering you unable to travel, and the period of restriction covers your booking, you will be refunded in full.
c) If your booking has to be canceled because Sedona Wanderlust has to close through Force Majeure, including but not limited to: (a) acts of God, flood, drought, earthquake or other natural disasters; (b) epidemic or pandemic; (c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination or sonic boom; (e) any law or any action taken by a government, including without limitation imposing a restriction, prohibition, or failing to grant a necessary license or consent; (f) collapse of buildings, fire, explosion or accident; (g) non-performance by our suppliers or contractors; and (i) failure of utility service, and the period of closure covers your booking, you will be refunded in full.
d) The Guest’s inability or disinclination to travel to and stay at a Sedona Wanderlust property for any reason, including but not limited to illness, a requirement or recommendation to self-isolate or quarantine, shielding, jury duty, military service, incarceration, change in personal or work circumstances, family emergencies, travel delays, vehicle breakdown, and delays with public transport remain your risk and do not give rise to a right to cancel or to receive a refund – unless we re-let the property, other than according to the sliding scale below. You are strongly recommended to have U.S. travel insurance to cover these eventualities. If you choose not to take out U.S. travel insurance, you accept responsibility for any loss that you may incur due to your cancelation.
e) You must notify us of any cancelations by phone AND email and once received, we will confirm the cancelation request.
f) Sedona Wanderlust will apply the scale shown in the table below to reservations to determine the amount of the charge, which shall be a percentage of the total cost of the reservation.
*In order to ensure prompt receipt of cancelations, it is recommended that the Guest sends written notification of cancelation by email requesting a confirmed receipt. The effective date of cancelation is when written notification is received by us. Any amounts due for refund will be made within 14 Days.
g) On receipt of the cancelation, the above charts state the amount for which the customer remains liable at that point in time. We will then make reasonable efforts to obtain a replacement booking. If we successfully re-let the reservation, we will refund the total amount paid by the Guest for the reservation, less the 5% booking fee, and less the difference in price between the Guest’s reservation and the replacement reservation.
For example, A $1,000 reservation canceled and relet for $900 means that the Guest will be refunded as follows, $1,000 less the 5% booking fee ($50 in this example) equals $950, less the $100 re-booking shortfall results in a refund of $850.
h) It is the responsibility of the Guest to acquire suitable travel insurance to cover the reservation. Sedona Wanderlust strongly recommends that the Guest acquires suitable insurance to cover circumstances beyond the Guest’s control, such as, but not limited to, jury duty, incarceration, change in personal or work circumstances, military service, illness, family emergencies, and travel delays. Covid is now a known risk, and it is possible for you to insure your reservation against a cancelation due to Covid. This can include the Guest or any member of the Guest’s party having Covid or having to isolate or quarantine.
4. RESERVATION START AND END TIMES
Your reservation starts at 4:00 pm (Arizona time) on the arrival date and ends at 10:00 a.m. (Arizona time) on the date of departure. Failure to abide by these start and end times may result in a charge for another day of rental at the same rate as the daily reservation rate. The Contract for the rental period does not create a Landlord and Tenant relationship between the parties to this Contract. The Guest is not entitled to a new tenancy, nor to any extended stay, nor any statutory protection under the Arizona Landlord-Tenant Act, nor any other federal, state, or local statutory security of tenure now or at the end of the reservation. You may not sub-let the property under any circumstances.
If you are required, in accordance with guidelines imposed by the U.S. Government regarding Covid or its iterations, and (the virus known as SARS-CoV-2) or any of its iterations, to self-isolate at the property, you will be responsible for the cost of (i) any additional nights out of the reservation period and (ii) rehousing any booked guests that are displaced as a result of the additional nights required by you in an equivalent property.
5. NUMBER OF PERSONS USING THE PROPERTY
Under no circumstances may more than the stated number of persons, per the Sedona Wanderlust website for the property subject to this Contract, occupy the property. We reserve the right to refuse admittance if this condition is not observed. Any persons other than members of your party may not occupy any property shown in the Sedona Wanderlust website.
Sedona Wanderlust, its employees, and its representatives shall not be liable to the Guest or any member of the Guest’s party for loss or damage to the Guest’s personal property. You must take all necessary steps to safeguard yourselves and your personal property. Nothing in this clause shall exclude or limit any liability that we are unable to limit or exclude by applicable law.
7. CARE OF THE PROPERTY
The Guest is responsible for the premises and is expected to take all reasonable care of its furniture, pictures, fittings, and effects in or on the property. You must leave them in the same state of repair, and in a reasonably clean condition, at the end of the reservation. You may not use the premises for any dangerous, offensive, noxious, noisy, illegal or immoral activities, nor carry on any act that may be a nuisance or annoyance to neighboring properties. Smoking is not allowed on the property, including inside or outside of the property structure. You must ensure the property is securely locked when you are not at the property.
8. DAMAGES & BREAKAGES
You are legally bound to reimburse Sedona Wanderlust for replacement, repair, or extra cleaning costs upon demand. Any damages or breakages shall be paid in full within seven (7) days of notification and demand by Sedona Wanderlust in writing. Lost keys will be charged to the Guest at $50.00 per key and lost or damaged garage door openers will be charged to the Guest at $100.00 per garage door opener.
9. WIFI, INTERNET, AND ELECTRICITY AND OTHER UTILITIES
Wi-Fi, electricity, and other utilities are supplied for the Guest’s reasonable use. The Guest agrees to the reasonable and lawful usage of these services. We are not liable for any damages arising due to interruptions to or the failure of these services.
10. RIGHT OF ENTRY
We may enter the property at all reasonable times for purposes of inspection or to carry out necessary repairs or maintenance, subject to a one-hour notification delivered to the Guest by text or email at the text and email information provided for the Guest in the reservation.
Every effort has been made to ensure that you have an enjoyable stay. However, if you have any cause for complaint or the need for repair of any kind to the property, the Guest must contact us as soon as is possible under the circumstances. We will resolve any complaint or repair any defect in the property as promptly as is possible, taking into consideration the availability of any tradesman needed for the repair(s).
13. NIGHT LIGHTING AND USE OF FIREWORKS
The City of Sedona is officially designated as an International Dark Sky Community. Designations are based on strict outdoor lighting standards and innovative community outreach. The use of outdoor lighting is often necessary for adequate nighttime safety and utility, but common lighting practices can also interfere with other legitimate public concerns. One of the principles concerns interference in the use or enjoyment of property that is not intended to be illuminated at night, and the loss of the scenic view of the night sky due to increased urban sky glow. Fireworks are not allowed at any time, as they are a fire hazard and can cause death or injury to local wildlife and adjoining properties.
14. CARE OF YOUR PROPERTY
Your vehicles and their accessories and contents, and any property and valuables you bring with you, are your sole responsibility. If you leave any personal property at the property after the end of your reservation, we will make reasonable efforts to return said property to you, although we may charge you in advance for any reasonable postal or courier costs. We may dispose of any unclaimed property after six months.
© Kessler Law Group 2023