Policies

FOR THIS SPECIFIC UNIT

CHECK IN TIME: 3:00PM
CHECK OUT TIME: 11:00AM

CANCELLATION
45 Days Prior To Arrival - cancellation fee = 20% of total rental fee
Less than 45 days prior to arrival - cancellation fee = 100% of rent , if not rebooked

Tenant must provide Property Manager with a written notice of cancellation of the rental terms.   If Property Manager receives a cancellation notice prior to 45 days of the scheduled arrival term, Property Manager will retain 20 % of the total rent amount stated in the rental terms.  If Property Manager receives a cancellation notice within 45 days of the scheduled arrival term, Property Manager will retain 100 % of the total rent amount stated in the rental terms, unless the property is re-rented for the same period and rate at which time the Tenant will be refunded less 20% cancellation fee.  Property Manager will make every attempt to re rent the Premises, but success is not guaranteed.  The Tenant is urged to obtain travel insurance for protection against, among other things, the ability to proceed with the scheduled rental terms as contemplated by this rental agreement.  Such insurance is offered by CSA Vacation Rental Protection Plan through City Concierge (866)864-6444 - cost is 6.5% of total rent..  The insurance covers the non-refundable rental fee of the scheduled rental terms. 

SECURITY DEPOSITS The security deposit serves as the faithful and timely payment and performance of the obligations of Tenant under this Rental Agreement and for damages to the Premises and any repairs to the Premises due to Tenant's occupancy. Tenant must provide Property Manager with a valid credit card to act as collateral for any losses or damages to the Premises (including its contents) during the scheduled rental terms. Property Manager may charge such credit card for the amount of these losses and/or damages. Property Manager shall inform Tenant of said damages and charges upon departure of the rental terms. If required to pay an additional cash security deposit, Tenant will be refunded the deposit after Property Manager has deemed actual cost of damages and charges for up to 6 weeks of departure.

EXCESSIVE UTILITIES CHARGE The Rental Fee includes payment for normal utilities usage, calculated based on historical utilities usage in the given property.  Tenant shall be responsible for utilities usage that exceeds the normal amount by twenty percent (20%).

SWIMMING POOL AND SPA Property Manager will set the pool and spa at standard temperatures set by the County of Riverside, California.  For increase temperature request of the pool or spa, an additional fee will be charged daily.

EXTRA CLEANING Normal cleaning charges are charged for departure cleaning at the end of the Rental Term.  If the condition of the Premises requires extra cleaning or Tenant requests extra cleaning services, Tenant shall be responsible for the cost of such cleaning. 

REASONABLE USE Tenant agrees to use the Premises only as a private vacation residence for himself and the other individuals listed on the preceding pages.   Tenant agrees that he and the members of his party shall conduct themselves in a manner that will not disturb the neighbors' peaceful enjoyment of their properties, and that any consequences of their inability to do so shall be Tenant’s sole responsibility.  Accordingly, Tenant further agrees to uphold the noise restriction ordinances enforced by the City of Palm Springs - Tenant shall not use any radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or any machine or device for the producing or reproducing of any sound conducted within an enclosed premises or audible to the neighbors.  Furthermore, Tenant agrees that any unreasonable noise disturbances resulting in a call to Property Manager from a neighbor, a visit by law enforcement or Property Manager will result in a minimum $500.00 charge to the credit card stated above.  Over-occupancy is strictly prohibited and will result in immediate loss of lease and forfeiture of the premises.  Tenant shall not make or suffer any alteration to the Premises.  Tenant further agrees that he will not allow the Premises to be used for any improper or illegal purposes.  Student groups, bachelor parties, PARTIES OF 16 PERSONS OR MORE, and packaging general public groups ARE PROHIBITED without prior written approval from Property Manager.

PETS, SMOKING AND DANGEROUS MATERIALS Tenant agrees not to bring or allow pets on or in the Premises during the Rental Term without the express written consent of Property Manager.  Tenant agrees that he shall neither smoke nor allow smoking in the Premises during the Rental Term.   Tenant shall not keep on the Premises any dangerous, flammable, or explosive materials or materials that might be considered hazardous.

OTHER REGULATIONS Tenant agrees to conform to any rules or regulations which are reasonably related to the purpose and provisions of this Rental Agreement, as shall from time to time be established by the owner or Property Manager for the safety, care, cleanliness, or orderly conduct of the Premises.  Tenant understands that the Premises may contain inherently dangerous recreational components (such as a swimming pool, spa, bicycles etc).  Tenant will not and will not permit Tenant’s family members and Guests to use such amenities unless such person is capable.

REQUEST TO VACATE Tenant will be required to vacate the Premises immediately upon any violation of these Terms and Conditions, with or without warning, and Tenant shall not receive a refund of any money for the time remaining in the reservation, nor will Property Manager be responsible for locating alternative accommodations for Tenant. 

DELIVERY OF THE PREMISES In the event Property Manager or its agent is unable to deliver the Premises to Tenant on the Arrival Date, Property Manager shall provide replacement accommodations of a similar kind, nature and quality as the Premises.  If Property Manager makes every reasonable effort to locate replacement accommodations but is unable to secure accommodations on the Arrival Date that are suitable to Tenant, Tenant may terminate this Rental Agreement, the Rental Fee shall be refunded to Tenant, and this Agreement shall terminate without further liability to the parties hereto.

FORCE MAJEUR The performance of this agreement by either party is subject of acts of nature, war, government regulation, government regulation on disaster, civil disorder, and curtailment of national transportation facilities or other emergencies, making it illegal or impossible to provide the premises for accommodations or to hold an event as schedules.  It is provided that this agreement may be terminated for any one of the above reasons by written notice from one party to another.  Should the Tenant cancel for any other reason, please refer to the cancellation policies contained in this agreement

LIABILITY FOR DAMAGE Tenant is responsible for all damages to the Premises caused by Tenant, the members of his party, and/or their guests.  Tenant is responsible for ensuring that the Premises are left upon departure in the same condition and repair as upon arrival.  Property Manager will bill Tenant’s credit card for any and all necessary replacement and repair costs within 90 days of the end of the Rental Term.  All personal property of Tenant shall be at the sole risk of Tenant.  Property Manager and its owners, officers, employees or agents shall not be liable for damage to or loss of personal property of any kind which may be lost or stolen, damaged or destroyed by fire, water, steam, defective refrigeration, or otherwise, while on the Premises.  

RIGHT TO REPAIR Tenant shall provide prompt, detailed telephonic notice to Property Manager of any damage or disrepair to or affecting the Premises.  If such damage or disrepair is not the result of the action or inaction of Tenant, and if such damage or disrepair interferes with the use of the Premises, Property Manager shall have 24 hours to replace or repair the same without a reduction in Tenant’s rent.  If Property Manager is unable to make the replacement or repair during such 24-hour period, the Rental Fee shall be reduced for each day thereafter in the ratio, which the unusable portion of the Premises bears to the entire Premises.

ACCESS TO PREMISES Upon notice to Tenant, Property Manager may enter the Premises for necessary maintenance, repairs, showing of the Premises or other reasonable purposes.

ASSIGNMENT OR SUBLEASE Tenant may not assign this Agreement or sublease any portion of the Premises without the prior written consent of Property Manager.  No such approved assignment or sublease shall in any way relieve Tenant of his obligations and responsibilities under this Agreement.

CHOICE OF LAW; ARBITRATION OF CLAIMS This Agreement shall be interpreted in accordance with the laws of the state in which the Premises are located.  Each party waives his right to trial by jury in any matter and action under this Agreement, including, without limitation, in any summary proceeding based on termination, holdover or other default in which repossession of the Premises is sought.  In the case of any dispute between the parties (other than any unlawful detainer and/or other summary proceeding based on termination, holdover or other default in which repossession of the Premises is sought), the parties agree to submit such dispute to binding arbitration conducted by a single arbitrator appointed by the American Arbitration Association pursuant to its rules then in effect.  The arbitrator shall make his or her ruling within thirty (30) days following his or her selection and the arbitrator's decision shall be conclusive and binding upon the parties.  Each party shall pay its own counsel fees and expenses, and the fee of the arbitrator shall be paid by the non-prevailing party in the arbitration.  The arbitrator shall determine which party has not prevailed.

LIMITATION OF LIABILITY AND INDEMNIFICATION The liability of Property Manager and its owners, officers, employees and agents shall be limited to the amount of any rentals and deposits paid.  In no event shall the owner of the Premises, Property Manager, or their owners, officers, employees or agents be liable for any special, consequential, incidental or punitive damages.  Tenant agrees to indemnify, defend and hold harmless Property Manager and the owner of the Premises from and against any liability for personal injury of property damage sustained by any person (including Tenant’s guests) as a result of any cause, unless such damage was proximately caused by the gross negligence or willful misconduct of Property Manager or the owner of the Premises.

MISCELLAENOUS
(a) All individual provisions, paragraphs, sentences, clauses, sections and words in this Agreement shall be severable, and if any such provision, section, paragraph, sentence, clause or word is determined by any court, administrative body, or tribunal, having proper jurisdiction, to be in any way unenforceable, or to be in any way in conflict with any law of any applicable jurisdiction, such determination shall have no effect whatsoever on any of the remaining paragraphs, provisions, clauses, sections, sentences, or words of this Agreement.
(b) It is understood and agreed that time is of the essence for all purposes, and with respect to the performance of all obligations, under this Agreement.
(c) This Agreement may be executed in two (2) or more counterpart copies, all of which counterparts shall have the same force and effect as if all parties hereto had executed a single copy of this Agreement; signature pages delivered by facsimile shall constitute originals for purposes of this Agreement.
(d) This Agreement is the entire agreement between the parties with respect to the subject matter hereof, and no modification or addition to it shall be binding unless signed by the parties hereto.
(e) The covenants, conditions and agreements contained herein are binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, personal representatives, successors and assigns.
(f) If there is more than one named Tenant under this Agreement, Tenants shall be jointly and severally liable and each shall be deemed to confer upon each Tenant full authority to act on behalf of all Tenants under this Agreement.
(g) The obligations and covenants between the parties are independent and the Rental Fee will be payable without offset, reduction or abatement for any cause.
(h) Wherever the context so requires, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all other genders.
(i) The owner of the Premises shall be a third party beneficiary of Tenant’s obligations under this Agreement.

Property Manager 2184