Terms & Conditions
Poudre River Resort
Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THIS IS A BINDING LEGAL AGREEMENT. PLEASE DO NOT USE THIS WEBSITE OR BOOK WITH US IF YOU DO NOT AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS.
Poudre River Resort, LLC (“Poudre River Resort”), located at 33021 Poudre Canyon Rd, Bellvue, CO, 80512, provides this Website available to visitors located throughout the world. This website is controlled and operated from the United States in the state of Colorado and is subject to United States and Colorado law. The services of the Website are available only to individuals who can form legally binding contracts under applicable law, and thus are not available to minors. You warrant that you are legally authorized to make the travel reservations and purchases for either yourself or for another person for whom you are authorized to act.
This Website is to be used by you for your personal use only. You agree that you will not use this Website for bulk communications of any kind nor create a hypertext link to this Website from any website controlled by you or otherwise without the express written permission of Poudre River Resort.
Poudre River Resort reserves the right, at its discretion, to change and or modify portions of these Terms and Conditions at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting; therefore, please check these Terms and Conditions periodically for changes.
Reservations
You may only make reservations for yourself and your invited guests or for an individual for whom you are authorized in advance to act. You may not make reservations for any other purpose, including without limitation for purposes of reselling rooms, reservations or other benefits, posting, marketing, advertising, or otherwise distributing rooms, reservations, benefits, or availability (including without limitation on third party web sites), making false, fraudulent, or speculative reservations, reserving rooms in anticipation of demand, making reservations for purposes of reselling rooms, or in an attempt to circumvent practices or policies of Poudre River Resort. Reservations made, sold or transferred in violation of these Terms and Conditions may be canceled without advance notice at Poudre River Resort’s sole discretion.
Certain rates are offered only to members of qualified groups. Additionally, at certain times or on certain dates, reservations may require a minimum length of stay, and that may affect whether Poudre River Resort appears to have availability. Poudre River Resort is only obligated to honor such rates for qualifying individuals or stays. It is up to you to verify that you qualify for the rate that you have booked. You may be required to establish that you qualify either at the time of reservation or check-in. If you cannot establish that you qualify, Poudre River Resort reserves the right in its sole discretion to cancel your reservation and/or charge the publicly available rate for your stay. If your reservation was made as part of a group booking, the cancellation policies outlined above do not apply; please review the terms and conditions for the group booking.
Cancellation policy:
A deposit of 50% of the total cost is collected at the time of booking. Deposits are partially-refundable depending on when you cancel using the following schedule:
- 90% refund: Cancellations 30 or more days prior to arrival date.
- 50% refund: Cancellations 8-29 days prior to arrival date
- No refund: Cancellation 0-7 days prior to arrival date
This cancellation policy applies to individual and group reservations only; a separate policy is in place for events and/or weddings.
Pets
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All dogs must be disclosed at booking and for cabins incur an additional $20/pet and night as an additional cleaning charge. We reserve the right to charge the credit card on file for any undisclosed pets.
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By booking with us and bringing your pet, you acknowledge and accept our pet policies.
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Pets must me kept on leash at all times while on property unless it is in the guest's room. This includes times when loading or unloading. Pet must be fully trained and appropriately restrained by guest at all times.
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Pets are not to be left unattended in cabins or tents. Please bring your pet with you on your adventures in the canyon.
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Guests are responsible for picking up any animal waste and properly disposing of it in the trash or designated collection receptacles.
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Any disturbances such as barking must be curtailed to ensure other guests are not inconvenienced. If an animal causes repeated disturbances, guest may be be required to leave premises without gaurantee of refund for remaining stay.
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Guests are responsible for all property damages and/or personal injuries resulting from their pet and agree to indemnify and hold harmless Poudre River Resort, LLC, its owners and its operator from all liability and damage suffered as a result of the guest's pet.
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Poudre River Resort reserves the right to charge guest's account commensurate to the cost of any damages from guest's pets.
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Service Animals: In compliance with the Americans with Disabilities Act (ADA), Poudre River Resort welcomes service animals that are trained to perform specific tasks to assist individuals with disabilities. Service animals are not subject to the pet cleaning fee. Service animals must be under control at all times and meet the behavioral expectations outlined above. Emotional support animals do not qualify as service animals under the ADA and will be subject to the resort's standard pet policy.
Vehicles
- All motorized vehicles on the premises must have a tag and be operated by licensed persons over the age of 16. This includes, but is not limited to, cars, motorcycles, four wheelers, golf carts, etc.
- Off highway vehicles are not permitted use on the resort property. Please enjoy these off the property.
- Please observe and adhere to the speed limits posted. Keep car passes visible at all times.
Parking
- Guaranteed parking is limited to 1 vehicle per cabin; extra vehicles will need to be parked at the overflow parking area. Please park only in designated spots.
- ALL vehicles must be registered with the resort and have a placard placed in the front dashboard.
Limitation of Liability
To the maximum extent permitted by law, Poudre River Resort and affiliated companies and third parties connected to it hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with this Website or in connection with the use, inability to use, or results of its use, any websites linked and any materials posted on them, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
IN THE EVENT POUDRE RIVER RESORT IS HELD LIABLE FOR ANY DAMAGES RELATED TO THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability that cannot be excluded or limited under applicable law.
You shall defend Poudre River Resort against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms and Conditions by you (“Claim”), and you shall indemnify and hold Poudre River Resort harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) resulting from any such Claim. Poudre River Resort has the right, at its expense, to assume exclusive defense against any Claim and all negotiations for settlement, and you agree to cooperate with Poudre River Resort in the defense of any such Claim.
Confidentiality
With respect to all communications you make to Poudre River Resort including but not limited to feedback, questions, comments, suggestions and the like: (a) you shall have no right of confidentiality in your communications, and Poudre River Resort shall have no obligation to protect your communications from disclosure; (b) Poudre River Resort shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) Poudre River Resort shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
Inaccuracies and Errors
Poudre River Resort Information may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. Poudre River Resort does not assume responsibility or liability for any such inaccuracies, errors or omissions and shall have no obligation to honor reservations or information affected by such inaccuracies. Poudre River Resort reserves the right to make changes, corrections, cancellations and/or improvements to Poudre River Resort Information, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
Miscommunications/Lost Transactions
Poudre River Resort is not responsible for communication malfunctions, failures, or difficulties, or lost, stolen or misdirected transmissions, messages or entries, or the security of any such communications. Further, Poudre River Resort is not responsible for incorrect or inaccurate entry information, whether caused by user(s) or by any of the associated equipment or programming, or by any technical or human error that may occur in the processing of any information. Poudre River Resort may cancel or modify reservations where it appears that a user has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error. You agree that Poudre River Resort is not responsible for any damages that may arise as a result of any travel or hotel arrangements or other orders you request or make on this Website which are not processed or accepted for any reason.
Third Party Sites
Any use of applications on this Website shall be governed by the End User Terms of Use for the applicable application. Poudre River Resort shall have no liability for your use of such third party applications for any results generated by such third party applications. If you choose to leave this Website via links to other third party websites, Poudre River Resort is not responsible for the terms and conditions or terms of use or privacy policies of those third party sites. You acknowledge and agree that Poudre River Resort is not responsible for the availability of such third party sites or resources and that Poudre River Resort does not endorse or is responsible or liable for any content, advertising, products, or other materials on or available from such third party sites or resources
GOVERNING LAW
These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of Colorado, United States, without regard to its conflicts of law rules. The exclusive jurisdiction for any dispute may be filed only in the state or federal courts located in the State of Colorado, United States.
SEVERABILITY
If any part of these Terms and Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of this Website. All other provisions of these Terms and Conditions shall remain in full force and effect.
No Waiver
Poudre River Resort’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and us nor any trade practices shall be deemed to modify these Terms & Conditions.
Other Policies
- Appropriate conduct is required by all and children must be supervised at all times. Loud, rowdy or other inappropriate behavior will result in your eviction from the resort without a refund. Anyone found tampering, climbing or playing on any of the buildings, equipment, or trees will be liable for any damages and will result in your eviction from the premises. Guardians will be held responsible for any damage to property by minors in their care.
- Glass containers are not permitted in the hottub area. Alcoholic beverages may only be consumed by adults of legal age over 21.
- There is no smoking permitted inside any of the buildings. There will be a $400 cleaning and damage fee for any rental that has been smoked in.
- ABSOLUTELY NO firearms, fireworks, or weapons of any kind are permitted for use on property and their use will result in your eviction from the premises without refund.
- The use of canopy tents (e.g., “easy up tents”) is not allowed without prior authorization from the Poudre River Resort staff. This policy is in place to ensure that the tents are properly secured and do not pose a safety hazard to employees or customers and do not interfere with the experience of other guests.
Quiet Hours
- Quiet hours are from 10pm to 8am. Please be considerate of other guests and our neighbors.
Force Majeure
Neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any obligation under this Agreement when such failure or delay is caused by or results from causes beyond the reasonable control of the affected party, including but not limited to fire, floods, embargoes, war, acts of war, insurrections, riots, strikes, lockouts or other labor disturbances, or acts of God; provided, however, that the party so affected shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. Either party shall provide the other party with prompt written notice of any delay or failure to perform that occurs by reason of force majeure.