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This Vacation Rental Agreement (the “Agreement”) is made and effective the date of acceptance by and between Porter VRM, LLC, an Arizona limited liability company (“Porter VRM llc,” "we," or "us"), acting for itself and for the owner of the property ("Owner"), and all occupants, jointly and severally, including all persons who stay at the subject premises and the persons identified in the confirmed booking. (collectively the “Guest," "renter" or "you").
Channel Terms. If you are booking through a third-party marketing channel, your booking may be subject to that channel’s own terms and conditions (“Channel Terms”). If any provision of applicable Channel Terms differs from the Terms in this Agreement, the provision of the Channel Terms will control.
By booking your rental of the Property with Porter VRM llc, you acknowledge that you have read and understand, and agree to be bound by, all terms, conditions, and policies in this Agreement, including any Unit-Specific Terms (collectively, the “Terms”).
Unit-Specific Terms. Certain jurisdictions, resorts, and specific homes require renters to agree to additional terms and conditions (“Unit-Specific Terms”). We will inform you during the reservation process of any Unit-Specific Terms that apply to rental of the Property. If any provision of Unit-Specific Terms differs from the Terms in this Agreement, the provision of the Unit-Specific Terms will control.
Property: Porter VRM llc hereby rents to Guest and Guest accepts in its present condition, the residential property. (the “Premises”).
Occupants: Total people occupying the Premises (including infants) consists of: {reservations.occupants}. The number of people present at the Property may not exceed the maximum posted occupancy unless we have given you advance written permission to hold an event at the Property, in which case the number of people present at the Property may not exceed the maximum number of people authorized by Porter VRM llc.
Maximum Occupancy: Guest agrees to comply with local zoning ordinances, including but not limited to, occupancy restrictions.
Term: The term (the “Term”) of this Agreement shall commence as identified in the associated electronic booking portal. The check-in shall not be earlier than 4:00 p.m. (MST – Arizona) on the Beginning Date, and Guest shall vacate the Premises on or before 11:00 a.m. (MST – Arizona) on the Ending Date. Guest is more than welcome to request an early check-in or late check-out. The Term shall not exceed thirty (30) days.
Upon the Ending Date, Guest shall be required to vacate the Premises unless one of the following circumstances occur: (i) Porter VRM llc and Guest formally extend this Agreement in writing or create and execute a new, written, and signed rental agreement; or (ii) Porter VRM llc willingly accepts new rent from Guest, which does not constitute past due Rent.
Any reservation obtained by Porter VRM llc under false pretenses will be subject to forfeiture of advanced payment, deposit or rental money, and the Guest will be prohibited from entering the Premises.
Guest shall jointly and severally pay to Porter VRM llc the amount provided in this Agreement for the entire Rental Term of the Agreement (the “Rent”).
Cancellation and Refunds: In the unfortunate event Guest should have to cancel the booking, we offer free cancellation until 14 days before check-in. If booked less than 14 days before check-in, free cancellation for 48 hours after booking, up to 24 hours before check-in.After that, there will be no cancellations or refunds.
Property Damage: The Guest agrees to be responsible for any damage or loss to the Premises, excluding normal wear and tear. An additional cleaning charge may be incurred, if, upon departure the Premises is found to require more than the normal departure cleaning. Porter VRM llc will not be responsible for any damages to Guest’s personal property, or liable for any accident that may occur to Guest or their invitees during its occupancy. Our properties are inspected after each reservation. Your reservation will be charged between $99.00 and $199 to cover between $800- $1200 in accidental damages dependent on the size of the home. This amount is included in the grand total for the reservation. If the damages exceed the amount covered then the guest authorizes any said damage or missing items to be charged to their credit card on file.
Catastrophic Events & Emergency Evacuations: If a catastrophe (hurricane, tornado, earthquake, flood, fire, pandemic, wild fire, etc.) or any situation simply beyond Porter VRM llc's control impairs the vacation rental, Porter VRM llc is not responsible for finding alternate lodging for Guest or for Guest’s financial losses related to transportation or alternate lodging. There will be NO REFUNDS OR CREDITS FOR EMERGENCY EVACUATIONS other than discussed above. Therefore, Porter VRM llc suggests that Guest consider Travel Protection Insurance to secure their vacation investment and eliminate their financial risk.
Recreation Property: Guest represents and warrants that Guest’s primary residence is located someplace other than the Premises and that Guest is utilizing the Premises as a “vacation rental” or “recreational property.” Guest will not use the Premises as a primary residence and Guest will not be domiciled at the Premises.
Sight Unseen: The Premises is furnished. Porter VRM llc makes a sincere effort to accommodate Guest, but no refunds or adjustments will be made if Guest determines that the décor or furnishings are unacceptable to their unique tastes and preferences.
Condition and Use of Premises: The Premises shall be used and occupied solely by Guest and the number of occupants identified in this Agreement, exclusively, as a private, single-family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Guest for any party or event without Porter VRM llc's express written consent, or for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single-family dwelling. Guest shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises.
The Premises is provided in “as is” condition. Porter VRM llc shall use reasonable efforts to ensure the operation of all amenities in the Premises, such as Internet access, satellite or cable TV access, spas, pools, and fireplaces, as applicable. Porter VRM llc shall not be held responsible for such item’s failure to work but will make every effort to correct any issues as reported as quickly as possible.
Guest acknowledges that use of amenities such as kitchen appliances, tubs, pools, spas, fireplaces, decks, and the like (“Amenities”) may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guest’s own risk. If children use or are near the Amenities, such children will always be supervised by an adult.
Guest shall use the Premises in a careful manner to prevent any damage or loss to the Premises and shall always keep the Premises in clean and sanitary condition. Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest use the Premises for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Premises. Guest shall make no alterations to the buildings or improvements on the Premises, or construct any buildings, or make any other improvements on the Premises. Guest shall not keep on the Premises any item of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire, or explosion on the Premises, or that might be considered hazardous or extra hazardous by any responsible insurance company.
Maintenance: In the event of equipment, appliances, or utilities’ malfunction during Guest’s stay, Porter VRM llc will make a reasonable effort to expedite repairs. Guest shall notify the Porter VRM llc in writing as soon as it becomes aware of any problem – most issues can be taken care of quickly.
Property or Guest Amenities: All efforts will be made to accommodate amenities which are expressly advertised or offered in writing. However, under no circumstances can Porter VRM llc guarantee or warrant any one (1) amenity. Please report any issues with amenities immediately to Porter VRM llc in writing.
Subletting Prohibited: Guest may not assign this Agreement, nor sub-let, nor grant any license to use the Premises, or any part thereof, without our prior written consent, which may be withheld in its sole discretion. An assignment, sub-letting or license without the prior written consent of Porter VRM llc, or an assignment or sub-letting by operation of law shall be absolutely null and void, and shall, at Porter VRM llc's option, terminate this Agreement.
Alterations and Improvements: Guest shall make no alterations to the buildings or improvements on the Premises.
Hazardous Materials: Guest shall not bring or keep on the Premises any item of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire or explosion on the Premises, or that might be considered hazardous or extra hazardous by any responsible insurance company.
Rules and Regulations: Guest agrees to comply with all rules and regulations established by Porter VRM llc's regulation of the use of the Premises during the Term hereof. Without limiting the generality of the foregoing, Guest shall:
A. Not obstruct or cover the windows or doors;
B. Not leave windows or doors in an open position during any inclement weather;
C. Not hang any laundry, clothing, sheets, etc., from any window, rail, porch, or balcony, nor air or dry any of same within any yard area or space;
D. Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Porter VRM llc;
E. Use all lavatories, sinks, toilets, and all other water and plumbing apparatus only for the purposes for which they were constructed. Guest shall not allow any personal hygiene products, sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Guest;
F. Guest's family and guests shall always maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents;
G. Keep all radios, television sets, stereos, etc., turned down to a level of sound that does not annoy or interfere with other residents;
H. Deposit all trash, garbage, rubbish, or refuse in the locations provided, and shall not allow any trash, garbage, rubbish, or refuse to be deposited or permitted to stand on the exterior of any building or within the yard;
I. Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant thereto, which may be adopted or promulgated by the homeowners' association having control over them; and
J. Abide by all federal, state, and local laws and ordinances affecting the Premises, including, without limitation to, the use or possession of illegal drugs and substances.
House Parties/Events/Large Gatherings: House parties, events, and large gatherings exceeding maximum occupancy are prohibited and will result in the immediate termination of this Agreement, and Guest’s immediate removal.
Swimming Pool: If the Premises includes a swimming pool or hot tub, any guests or invitees under the age of eighteen (18) years of age must always be accompanied by an adult near the swimming pool. Violation of this provision is a material breach of this Agreement and grounds for the immediate termination of this Agreement. Guest expressly waives any and all claims against Porter VRM llc concerning any injury that may arise regarding the swimming pool.
Guest’s Hold Over: If Guest remains in possession of the Premises without the express written consent of Porter VRM llc, after the Ending Date, Guest shall pay one and one-half (1½) times the Rent or as otherwise agreed in writing on a per diem basis, for each day Guest occupies the Premises beyond the Rental Term.
Surrender of Premises: Upon the expiration of the Rental Term hereof, Guest shall surrender the Premises in as good a state and condition as they were at the Beginning Date of this Agreement. Porter VRM llc shall consider any personal property belonging to Guest and left on the Premises to have been abandoned, in which case Porter VRM llc may dispose of all such personal property in any manner Porter VRM llc shall deem proper and Porter VRM llc is hereby relieved of all liability for doing so.
Animals: No animals or pets of any kind are permitted at the Property except (1) as specifically authorized in your reservation, or (2) bona fide service animals that we are required by law to allow. Emotional support animals are not permitted except as authorized pets. You agree that a prohibition on animals is not a guarantee that an animal has not been inside the Property or that the Property is free of animal or pet allergens.
Substitution of Property: On rare occasions, due to ownership changes, properties being removed from rental use, or a need for extensive repairs or maintenance, the Property may not be available for rental on the dates of your reservation. In this unlikely event, Porter VRM llc reserves the right to substitute a comparable property. If comparable accommodations are not available, you will have the option of (1) selecting from other available properties (in which case you are responsible for, or will receive the benefit of, any difference in cost) or (2) receiving a complete refund of your reservation payment. In the event of a substitution of rental properties, all Terms in this Agreement, plus any Unit-Specific Terms specific to the substituted property, shall apply to your stay in the substituted property.
Access: Porter VRM llc and its agents shall have the right, during the Rental Term of this Agreement and any renewal thereof, to enter the Premises after providing at least forty-eight (48) hour notice to Guest for the following purposes:
A. Inspect the Premises for condition;
B. Make repairs or maintenance to the Premises;
C. Show the Premises to prospective Guests, prospective purchasers, inspectors, fire marshals, lenders, appraisers, or insurance agents;
D. Exercise a contractual or statutory lien; and/or
E. Leave written notice.
Porter VRM llc may enter the Premises without the consent of Guest in case of emergency, and where necessary to prevent damage or injury to property or person.
Parking: No more than three (3) vehicles are allowed to be parked on the Premises at any time. All vehicles must be parked in the designated areas at the Premises. There shall be no parking on the street or any public access road. Violations of the parking rules subjects the automobile to fines, immobilization devise, attachment, and towing, at the Guest’s expense. No vehicle longer than twelve (12) feet are allowed on the Premises under any circumstances. RV’s, buses, boats, trailers, or passenger vans which hold more than eight (8) people are strictly prohibited.
Toilet Blockages: All toilets are checked to ensure proper functioning prior to check in. Blockages can occur if too much toilet paper or sanitary napkins are put into the toilets. If a service call is required to clear a toilet blockage, Guest will be charged the costs associated with clearing the blockage. The minimum service call fee is Seventy-Five and No/100’s Dollars ($75.00) for toilet blockages. The minimum service call fee on weekends and holidays is One Hundred Fifty and No/100’s ($150.00).
Quiet Hours: Between the hours of 9:00 p.m. (MST – Arizona) and 8:00 a.m. (MST – Arizona). Quiet Hours exist and are strictly enforced. Guest must be respectful of their neighbors and not disturb the peaceful enjoyment of their homes or the neighborhood. Any occupant or Guest violating this provision of the terms and conditions will be asked to leave immediately. If the Guest’s occupancy is terminated due to violation(s) of this provision, the Guest understands and accepts that no compensation, reimbursement or refund will be made to the Guest.
Behavior: The Guest agrees to be responsible for the actions of themselves, other occupants and temporary guests. The Guest always agrees to act with decorum and civility, and to be responsible for the actions of the Guest’s guests and other occupants with respect to this requirement. The Guest understands and accepts that Porter VRM llc retains sole discretion and may terminate the Guest’s occupancy of the Premises if Porter VRM llc determines that either the Guest or any member of the Guest’s group has acted inappropriately. If the Guest’s occupancy is terminated due to inappropriate behavior, the Guest understands and accepts that no compensation, reimbursement or refund will be made to the Guest. Examples of inappropriate behavior include, but are not limited to, disturbing the peace of the neighborhood; willful damage to the property; occupancy by persons not disclosed on the Guest data form; excessive occupancy; violent, aggressive, confrontational, or threatening behavior or conversation; and/or failure to secure/lock the Premises while no responsible member of the Guest’s group is at the home.
Crime-Free Provision: Guest, occupants, family, invitees, or other persons under the Guest’s control shall not engage in or facilitate: (i) any acts involving imminent or actual serious property damage as defined by law; (ii) any criminal activity, including drug-related criminal activity, any act of violence or threats of violence, other illegal activity, including prostitution, criminal street gang activity, threatening or intimidating, unlawful discharge of firearms, or assault; (iii) jeopardize the health, safety and welfare of guests, Porter VRM llc or its representatives, agents or others. VIOLATION OF THIS PROVISION SHALL CONSTITUTE A MATERIAL AND IRREPARABLE VIOLATION OF THIS AGREEMENT AND GOOD CAUSE FOR IMMEDIATE CANCELATION OF THIS AGREEMENT AND SURRENDER OF POSSESSION OF THE PREMISES.
Smoking: Smoking is strictly prohibited in or around the Premises. An automatic Five Hundred and No/100’s Dollars ($500.00) charge will be accessed, if Porter VRM llc determines on the Ending Date that anyone smoked in or around the Premises. Porter VRM llc will have the final determining authority with respect to all aspects of this provision of the Agreement.
Medical Marijuana: Despite state law that may authorize limited possession or use of Medical Marijuana in specific and limited circumstances, the federal Controlled Substance Act (the “CSA”) categorizes marijuana as a Schedule 1 Substance and the possession of marijuana is a federal criminal offense. 21 U.S.C. §§ 801, et seq. The possession of marijuana, even for medical purposes, may expose Porter VRM llc to liability and interferes with the health, safety, welfare, and right to peaceful enjoyment of others. As such, Porter VRM llc hereby informs and reminds Guest that it agrees to the Crime Free provision in this Agreement and, pursuant to that provision and the supporting federal laws, any possession or use of marijuana (medical or otherwise) by Guest, its family, or invitees, will result in the immediate cancelation of this Agreement and immediate surrender of possession. The Premises is non-smoking.
Telephone: Telephones are NOT provided and are not guaranteed to be available for the Guest’s use. If a telephone is available, use of the telephone will be limited to local calls only. Long-distance calls must be charged to Guest’s personal phone card or credit card.
Home Security: It is the responsibility of every Guest to securely lock the Premises when they are not at the residence. This requirement includes all the Premises’ doors and windows, and it also applies to the check-out date.
Limit of Liability: In no instance or circumstance will Owner, Porter VRM, LLC, or their agents, or affiliated representatives be liable for more than the total amount paid by the Guest.
Risk of Loss and Indemnification: Owner, its agent, Porter VRM, LLC, or their agents, or affiliated representatives shall not be liable for any damage or injury to the Guest, Guest's family, Guest’s guests, invitees, or their respective property arising out of this Agreement or the use and occupancy of the Premises by Guest or Guest’s invitees. Guest shall indemnify, defend and hold Porter VRM llc and Owner harmless for, from and against any and all claims, liabilities, damages, attorneys’ fees, court costs or assertions of every kind and nature arising out of this Agreement or the use and occupancy of the Premises by Guest and Guest’s invitees, unless caused by the gross negligence or willful misconduct of Porter VRM llc or Owner.
Guest agrees that all personal property noted in the accompanying Personal Property Inventory, furnishings, personal affects, and other items brought into the Premises by Guest, or their permitted guests and visitors, shall be at the sole risk of Guest with regard to any theft, damage, destruction, or other loss, and Rental Agents shall not be responsible or liable for any reason whatsoever. If Porter VRM llc discovers any items of the Guest following the Departure Date, Porter VRM llc shall return said items to Guest via First Class Mail at the Guest’s expense.
Guest hereby waives and releases any claims against Owner, Porter VRM, LLC, their agents, and affiliated representatives, assigns, employees, and representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Premises, including any common facilities, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest’s own initiative, risk and responsibility.
Default: If Guest fails to comply with any of the material provisions of this Agreement, Porter VRM llc may exercise all rights and remedies available to Porter VRM llc at law or in equity and may immediately terminate this Agreement. If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall quietly and respectfully surrender the Premises, remove all Guest’s property and belongings and leave the Premises in good order and free of damage. No refund of any portion of the Rent or Deposit shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred, including, but not limited to, attorneys’ fees and collection costs. In the event Guest violates the Condition and Use of Premises above, or law enforcement visits the Premises, Porter VRM llc may, in its sole and absolute discretion, evict Guest and Guest shall surrender the Premises and remove Guest’s property and belongings and leave the Premises in good order and free of damage in an expeditious manner. In addition to the above remedies, if Guest breaches this Agreement, Porter VRM llc may perform a non-judicial lockout of the Premises and retake possession.
Attorneys’ Fees and Costs: The prevailing party in any dispute arising out of this Agreement is entitled to reimbursement of their reasonable attorneys’ fees and costs. Costs shall include, but are not limited to, expert witness fees, fees paid to investigators, legal research fees, arbitration costs, court costs, and court reporter fees, etc.
Governing Law: This Agreement shall be governed, construed and interpreted by, through and under the laws of the State of Arizona. Jurisdiction shall be in the Superior Court of Maricopa County.
The parties to this Agreement expressly agree and recognize that the Arizona Residential Landlord Tenant Act does not apply to this Agreement. See A.R.S. § 33-1308 (Transient Lodging exempted from ALTA); instead, the parties’ relationship is governed by A.R.S. § 33-301 et. seq.
Notices: Any notice required or permitted under this Agreement or under state law shall be delivered to Guest at the following email address,
{reservations.email} and to property manager at info@stayporter.com.
Yelp, Trip Advisor, Social Media, Better Business Bureau: Guest is advised that the publication of any derogatory comments concerning Porter VRM llc and the Premises may subject Guest to civil liability for defamation, slander, or liable. Porter VRM llc prides itself on its reputation and will defend its legal rights and reputation, to the fullest extent of the law.
Entire Agreement: These conditions and the terms related to the dates of occupancy and the rate applied to those dates of occupancy represent the entire Agreement between the parties. No verbal representations or promises made by anyone are enforceable in any respect, unless the changes are expressly agreed to by the parties in writing.
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