Short-Term Rental Terms of Stay and General Lease Agreement
THIS SHORT-TERM RENTAL AGREEMENT (this "Agreement") is entered into as of the date of electronic execution (the "Effective Date") by and between the applicable property owner entity identified in the reservation confirmation (the "Owner"), Luxora Rentals, LLC, a California limited liability company, acting solely as property manager and booking agent ("Manager"), and the individual identified as the primary guest in the reservation confirmation ("Guest").
Recitals
WHEREAS, Owner is the owner of the short-term rental property identified in the reservation
confirmation (the "Property");
WHEREAS, Manager acts solely as the property manager and booking agent for Owner and is
not the owner of the Property;
WHEREAS, Guest desires to lease the Property for short-term vacation rental purposes on the terms and conditions set forth herein; and
WHEREAS, the parties desire to memorialize their agreement regarding Guest's use and occupancy of the Property.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
Article 1 — Definitions
- Definitions. As used in this Agreement, the following capitalized terms shall have the meanings set forth below:
- "Additional Guests" means all individuals other than Guest who are authorized to occupy the Property during the Rental Period, as identified in the reservation confirmation.
- "Applicable Laws" means all federal, state, and local laws, statutes, ordinances, regulations, codes, and rules applicable to the Property or Guest's use thereof, including without limitation all short-term rental ordinances, noise ordinances, occupancy limits, health and safety codes, building codes, and homeowner association rules.
- "Check-In Time" means the time specified in the reservation confirmation when Guest may access the Property, which shall not be earlier than 4:00 p.m. Pacific Time unless otherwise agreed in writing.
- "Check-Out Time" means the time specified in the reservation confirmation by which Guest must vacate the Property, which shall not be later than 11:00 a.m. Pacific Time unless otherwise agreed in writing.
- "Damage Deposit" means any security deposit or damage deposit paid by Guest as specified in the reservation confirmation.
- "Guest" means the individual who executes this Agreement and is identified as the primary guest in the reservation confirmation, and includes Guest's heirs, successors, and assigns where applicable.
- "HOA" means any homeowners association, condominium association, or property owners association having jurisdiction over the Property.
- "Manager" means Luxora Rentals, LLC, a California limited liability company, acting solely in its capacity as property manager and booking agent for Owner.
- "Maximum Occupancy" means the maximum number of overnight guests permitted at the Property as specified in the reservation confirmation, which shall not be exceeded at any time.
- "Owner" means the applicable property owner entity identified in the reservation confirmation as the owner of the Property, which shall be either 6865 Pacific View, LLC (if the Property is located at 6865 Pacific View Dr.) or 35535 Beach LYN, LLC (if the Property is located at 3757 Ocean Dr.).
- "Property" means the short-term rental premises identified in the reservation confirmation, including all buildings, structures, fixtures, furnishings, appliances, amenities, and grounds located thereon.
- "Rental Fee" means the total rental amount due for the Rental Period as specified in the reservation confirmation, excluding taxes, fees, and deposits. M. "Rental Period" means the period commencing at Check-In Time on the check in date and ending at Check-Out Time on the check-out date, as specified in the reservation confirmation.
- "Reservation Confirmation" means the written confirmation issued by Manager to Guest confirming Guest's reservation, which specifies the Property address, Rental Period, Rental Fee, Maximum Occupancy, and other material terms.
Article 2 — Lease of Property and Rental Period
- Grant of License. Subject to the terms and conditions of this Agreement, Owner hereby grants to Guest a limited, non-exclusive, non-transferable license to occupy and use the Property during the Rental Period solely for temporary residential vacation purposes. This Agreement creates a license and not a tenancy, lease, or other real property interest. Guest acknowledges and agrees that this is a short-term rental arrangement not subject to residential tenancy protections under California law, including but not limited to the protections afforded by California Civil Code sections 1940 et seq.
- Rental Period. The Rental Period shall commence at Check-In Time on the check-in date and terminate at Check-Out Time on the check-out date, as specified in the Reservation Confirmation. Guest shall not occupy the Property before Check-In Time or remain at the Property after Check-Out Time without Manager's prior written consent. Any unauthorized early check-in or late check-out may result in additional charges and/or immediate termination of this Agreement.
- Maximum Occupancy. Guest shall not permit more than the Maximum Occupancy to stay overnight at the Property at any time. Guest shall not permit more than the Maximum Occupancy plus two (2) day visitors to be present at the Property at any time. Violation of the Maximum Occupancy limit shall constitute a material breach of this Agreement and shall subject Guest to immediate termination, forfeiture of all fees paid, and liability for damages.
- Access and Possession. Access to the Property shall be provided via the method specified in the Reservation Confirmation or pre-arrival instructions. Guest shall not change locks, make duplicate keys, or otherwise alter access devices without Manager's prior written consent. Upon termination of the Rental Period, Guest shall return all keys, access cards, and other access devices to Manager or leave them at the Property as instructed.
- Manager's Role. Guest acknowledges and agrees that Manager acts solely as property manager and booking agent for Owner and is not the owner of the Property. Manager is authorized to act on Owner's behalf with respect to all matters relating to this Agreement, including but not limited to enforcement of Guest's obligations, collection of fees and damages, and termination of this Agreement. Owner is an express third-party beneficiary of this Agreement with full rights to enforce all provisions hereof.
Article 3 — Rental Fees, Deposits, and Payment Terms
- Rental Fee. Guest shall pay the Rental Fee as specified in the Reservation Confirmation. The Rental Fee does not include taxes, cleaning fees, booking fees, pet fees (if applicable), or other charges separately identified in the Reservation Confirmation.
- Additional Fees and Charges. Guest shall pay all additional fees and charges specified in the Reservation Confirmation, including but not limited to:
- Transient occupancy taxes and all other applicable taxes;
- Cleaning fees;
- Booking fees and administrative fees;
- Pet fees (if applicable);
- Additional guest fees (if applicable); and
- Any other fees or charges disclosed in the Reservation Confirmation. III. Damage Deposit. If specified in the Reservation Confirmation, Guest has paid a Damage Deposit to secure Guest's performance of this Agreement. The Damage Deposit shall not be deemed advance payment of rent or a limitation on Guest's liability. Manager may apply the Damage Deposit to any damages, losses, costs, fees, or charges owed by Guest under this Agreement. If the Damage Deposit is insufficient to cover all amounts owed, Guest shall immediately pay the deficiency upon demand. IV. Payment Authorization. By executing this Agreement, Guest authorizes Manager and Owner to charge Guest's payment method on file for:
- All amounts due under the Reservation Confirmation;
- Any additional charges incurred during the Rental Period;
- All damages, losses, fees, costs, and charges owed under this Agreement; D. All costs of collection, including administrative fees and attorney's fees as provided herein; and
- Any other amounts authorized by this Agreement.
- Late Payments. Any amounts not paid when due shall bear interest at the rate of one and one-half percent (1.5%) per month (eighteen percent (18%) per annum) or the maximum rate permitted by law, whichever is less, from the date due until paid in full.
- Refund Policy. Cancellations and refunds shall be governed by the cancellation policy specified in the Reservation Confirmation and Manager's cancellation policy in effect at the time of booking. Guest acknowledges that certain fees may be non-refundable as disclosed in the Reservation Confirmation.
Article 4 — Guest Responsibilities and Prohibited Conduct
- Permitted Use. Guest shall use the Property solely for temporary residential vacation purposes in a careful, lawful, and responsible manner. Guest shall not use the Property for any commercial purpose, event venue, photo or video shoot, or other use not expressly authorized in writing by Manager.
- Compliance with Laws and Rules. Guest shall comply with all Applicable Laws and all rules, regulations, and policies established by Manager, Owner, or any HOAhaving jurisdiction over the Property. Guest shall comply with all posted rules and house rules provided to Guest. Violation of any Applicable Law or rule shall constitute a material breach of this Agreement.
- Unauthorized Guests and Parties Strictly Prohibited. Guest shall not:
- Permit any individual not identified in the Reservation Confirmation to stay overnight at the Property without Manager's prior written consent;
- Host, organize, or permit any party, event, wedding, reception, gathering, or assembly at the Property;
- Exceed the Maximum Occupancy or day visitor limits at any time;
- Advertise or promote the Property on social media or any other platform as a venue for parties, gatherings, or events; or
- Create excessive noise or disturbances that violate Applicable Laws or disturb neighbors.
- Any violation of this Section shall constitute a material breach entitling Manager or Owner to immediately terminate this Agreement, require Guest to vacate the Property, forfeit all fees paid, and hold Guest liable for all damages and costs incurred.
- Noise and Quiet Hours. Guest shall not create noise or disturbances that violate any Applicable Law or disturb neighbors at any time. Quiet hours are in effect from 10:00 p.m. to 8:00 a.m. daily, during which time Guest shall keep noise at reasonable levels that do not disturb neighbors. Guest acknowledges that properties may be equipped with exterior noise monitoring devices that do not record conversations but detect noise levels exceeding acceptable thresholds. Violation of noise restrictions shall constitute grounds for immediate termination.
- Smoking Prohibited. Smoking of any substance, including but not limited to tobacco, cannabis, and electronic cigarettes, is strictly prohibited inside the Property and within fifty (50) feet of all doors, windows, and ventilation intakes. Violation of this prohibition shall subject Guest to a minimum cleaning and remediation fee of $1,500.00 in addition to all other damages and remedies.
- Pet Policy. Unless expressly authorized in the Reservation Confirmation and subject to payment of applicable pet fees, no animals of any kind are permitted at the Property. Unauthorized pets shall subject Guest to a minimum fee of $500.00 per animal per day, plus all cleaning, damage, and remediation costs, in addition to all other remedies. If pets are authorized, Guest shall comply with all pet rules provided by Manager, keep pets supervised and leashed as required, clean up after pets, and be solely responsible for all damages and injuries caused by pets.
- Parking. Guest shall park only in designated parking areas and shall not exceed the number of vehicles specified in the Reservation Confirmation. Unauthorized vehicles may be towed at Guest's expense without notice. Guest shall comply with all HOAparking rules and restrictions. Guest shall not park recreational vehicles, boats, trailers, or commercial vehicles at the Property without Manager's prior written consent.
- Property Care and Maintenance. Guest shall:
- Keep the Property clean, sanitary, and in good condition;
- Use all appliances, fixtures, furnishings, and amenities in a safe and responsible manner in accordance with manufacturer instructions;
- Dispose of all trash and recycling in designated receptacles and in accordance with local ordinances;
- Report any damage, malfunction, or maintenance issue to Manager immediately; E. Take reasonable measures to prevent damage to the Property from weather, water intrusion, or other causes;
- Secure the Property when absent; and
- Not remove any items from the Property.
- Excessive Cleaning. Guest shall leave the Property in substantially the same condition as received, ordinary wear and tear excepted. If the Property is left in a condition requiring cleaning beyond the standard cleaning covered by the cleaning fee, including but not limited to excessive trash, food debris, spills, stains, or unsanitary conditions, Guest shall be charged for the additional cleaning at a rate of $125.00 per hour or the actual cost incurred, whichever is greater.
- Missing or Damaged Items. Guest shall be liable for the full replacement cost of any items that are missing, damaged, destroyed, or require repair due to Guest's acts or omissions. Manager shall provide Guest with an itemized invoice for missing or damaged items. Guest shall pay the invoice within fifteen (15) days of receipt.
Article 5 — Assumption of Risk and Releases
- Acknowledgment of Property Features and Hazards. Guest acknowledges that the Property may contain features and present conditions that involve inherent risks of injury, property damage, or death, including but not limited to:
- Swimming pools, spas, hot tubs, and water features (risk of drowning, slip and fall, illness);
- Stairs, steps, decks, balconies, and elevated surfaces (risk of fall);
- Hillside terrain, slopes, cliffs, and uneven ground (risk of fall and injury); D. Elevators and mechanical lifts (risk of malfunction and injury);
- Barbecue grills, fire pits, fireplaces, and heating devices (risk of fire and burn injury);
- Ocean, beach, and waterfront proximity (risk of drowning, wave action, rip currents, marine hazards);
- Weather conditions including high winds, rain, fog, heat, and cold (risk of injury and property damage);
- Recreational equipment and amenities (risk of injury from improper use); I. Wildlife, insects, and natural vegetation (risk of bites, stings, allergic reactions); J. Furnishings, appliances, and fixtures (risk of injury from misuse or malfunction); and
- Other features, conditions, and activities typical of residential properties in the area.
- Voluntary Assumption of Risk. Guest, on behalf of Guest and all Additional Guests, knowingly and voluntarily assumes all risks associated with occupancy and use of the Property and all features, amenities, and conditions thereof, whether or not specifically identified in this Agreement. Guest assumes all risks of injury, property damage, illness, or death arising from Guest's occupancy and use of the Property, including risks arising from the negligence of Owner, Manager, their agents, and third parties. Guest acknowledges that certain features such as pools, spas, beaches, and recreational amenities are inherently dangerous and that Guest is solely responsible for exercising appropriate caution and supervising children and Additional Guests at all times.
- Release of Liability. Guest, on behalf of Guest, all Additional Guests, and Guest's heirs, successors, and assigns, hereby fully and forever releases, discharges, and holds harmless Owner, Manager, and their respective members, managers, officers, employees, agents, contractors, successors, and assigns (collectively, the "Released Parties") from any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses (including attorney's fees) of any kind arising out of or relating to:
-
- Guest's occupancy and use of the Property;
- Any injury, illness, property damage, or death occurring at or relating to the Property during the Rental Period;
- Any defect, condition, or hazard at the Property, whether latent or patent;
- Any act or omission of Owner, Manager, their agents, contractors, or other third parties;
- Any theft, loss, or damage to Guest's personal property; and F. Any other matter relating to this Agreement or the Property.
This release applies regardless of whether such claims arise from the negligence (whether sole, joint, or concurrent), strict liability, breach of contract, breach of warranty, or any other legal theory, except claims arising from the Released Parties' gross negligence or willful misconduct.
-
- Indemnification and Hold Harmless. Guest shall defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees and costs of defense) arising out of or relating to:
-
- Guest's occupancy and use of the Property;
- Any breach of this Agreement by Guest;
- Any violation of Applicable Laws by Guest or Additional Guests;
- Any injury, illness, property damage, or death caused by or arising from Guest's acts or omissions;
- Any claims by Additional Guests, invitees, or other third parties arising from their presence at the Property; and
- Any damage to the Property or third-party property caused by Guest or Additional Guests.
This indemnification obligation shall survive termination of this Agreement.
- Limitation of Liability. In no event shall Owner or Manager be liable to Guest for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or relating to this Agreement or the Property, including but not limited to lost profits, lost savings, business interruption, or loss of use, even if advised of the possibility of such damages. The total aggregate liability of Owner and Manager to Guest for any and all claims arising out of or relating to this Agreement or the Property shall not exceed the Rental Fee actually paid by Guest.
- Property Owner as Third-Party Beneficiary. Guest acknowledges and agrees that Owner is an express third-party beneficiary of all provisions of this Agreement, including without limitation this Article 5, with full rights to enforce such provisions directly against Guest. If Manager is acting on behalf of Owner with respect to a Property owned by 6865 Pacific View, LLC, then 6865 Pacific View, LLC is the third-party beneficiary Owner.
If Manager is acting on behalf of Owner with respect to a Property owned by 35535 Beach LYN, LLC, then 35535 Beach LYN, LLC is the third-party beneficiary Owner.
Article 6 — Right of Entry and Inspection
- Right of Entry. Owner and Manager, and their respective agents, contractors, and representatives, shall have the right to enter the Property at any time and without prior notice to Guest for the following purposes:
- Emergency Entry. To respond to any emergency threatening life, health, safety, or property, including but not limited to fire, flood, gas leak, water leak, structural failure, or medical emergency.
- Maintenance and Repairs. To perform necessary or desired maintenance, repairs, or improvements to the Property or adjacent property.
- Inspections. To inspect the Property to determine compliance with this Agreement, assess the condition of the Property, or investigate complaints or reports of violations.
- Property Protection. To take any action necessary or appropriate to protect the Property from damage or to abate any nuisance or hazard.
- Showing the Property. To show the Property to prospective guests, buyers, lenders, or other third parties.
- Other Purposes. For any other lawful purpose related to Owner's or Manager's rights or obligations.
- No Liability for Entry. Guest acknowledges and agrees that Owner's and Manager's exercise of the right of entry shall not constitute a breach of any covenant of quiet enjoyment, or a forcible or unlawful entry into or detainer of the Property, or an actual or constructive eviction of Guest from the Property. Owner and Manager shall not be liable to Guest for any entry made pursuant to this Article 6 except for damages directly caused by gross negligence or willful misconduct.
III. Guest Cooperation. Guest shall cooperate with Owner and Manager in connection with any entry and shall provide access to all areas of the Property. Guest shall not interfere with or obstruct any entry authorized by this Article 6.
Article 7 — Property Amenities and Special Provisions
- Swimming Pools and Spas. If the Property includes a swimming pool, spa, or hot tub: A. Guest acknowledges that pools and spas present serious risks of drowning, injury, and illness, particularly to children and individuals under the influence of alcohol or drugs.
- Guest shall supervise children and non-swimmers at all times when near pools or spas.
- Guest shall comply with all posted pool and spa rules and shall not use pools or spas when intoxicated or under the influence of drugs.
- Guest shall maintain pool and spa covers, gates, and safety devices in their existing condition and shall ensure that gates remain closed and latched when not in use.
- Guest acknowledges that Manager and Owner make no representations regarding pool or spa water quality, chemical balance, or temperature, and that Guest uses pools and spas entirely at Guest's own risk.
- Guest shall immediately report any malfunction, unsafe condition, or water quality concern to Manager.
- Ocean, Beach, and Waterfront. If the Property is located near or provides access to ocean, beach, or waterfront areas:
- Guest acknowledges that ocean and beach activities involve serious risks including drowning, wave action, rip currents, cold water, marine life, sharp objects, and unpredictable conditions.
- Guest acknowledges that Owner and Manager make no representations regarding the safety or suitability of any beach or water access, and that such use is entirely at Guest's own risk.
- Guest shall obey all posted warnings, lifeguard instructions, and beach regulations.
- Guest shall supervise children at all times when near water.
III. Stairs, Decks, and Elevated Surfaces. If the Property includes stairs, decks, balconies, or other elevated surfaces:
- Guest acknowledges that such features present risks of serious injury or death from falls.
- Guest shall use appropriate caution and supervise children when using such features.
- Guest shall not sit, stand, or lean on railings or climb on any structure not designed for such use.
- Guest acknowledges that outdoor surfaces may become slippery when wet. IV. Barbecues, Fire Pits, and Fireplaces. If the Property includes barbecues, fire pits, fireplaces, or other fire features:
- Guest acknowledges that such features present risks of fire, burn injury, smoke inhalation, and property damage.
- Guest shall operate such features in accordance with manufacturer instructions and Applicable Laws.
- Guest shall not leave fires unattended and shall fully extinguish all fires before leaving the Property or going to sleep.
- Guest shall not use such features during high fire danger periods or in violation of burn bans.
- Guest shall keep flammable materials away from fire features and shall have fire extinguishers readily accessible.
- Recreational Equipment and Amenities. If the Property includes bicycles, kayaks, surfboards, game equipment, fitness equipment, or other recreational items:
- Guest acknowledges that use of such items involves inherent risks of injury and that such use is entirely at Guest's own risk.
- Guest shall inspect all equipment before use and shall not use any item that appears damaged or unsafe.
- Guest shall use all equipment in accordance with manufacturer instructions and safety guidelines.
- Guest shall wear appropriate safety equipment including helmets and life jackets as applicable.
- Guest shall supervise children using any recreational equipment.
- Security Cameras and Monitoring Devices. Guest acknowledges that the Property may be equipped with security cameras, noise monitoring devices, and other monitoring equipment for security and property protection purposes:
- Security cameras, if present, are located only in exterior and common areas and do not record interior living spaces or areas where privacy is expected. B. Noise monitoring devices, if present, detect noise levels only and do not record conversations or other audio content.
- Guest consents to such monitoring and acknowledges that recordings may be used to enforce this Agreement or for other lawful purposes.
- The presence or absence of monitoring devices does not create any duty on the part of Owner or Manager to monitor the Property or respond to any condition, and Guest shall not rely on such devices for security or safety.
Article 8 — Maintenance, Repairs, and Service Interruptions
- Owner and Manager Maintenance Obligations. Owner and Manager shall have no obligation to perform any maintenance or repairs during the Rental Period except as required by law or as Owner or Manager may elect in their sole discretion. Guest acknowledges that this is a short-term vacation rental and that Owner's and Manager's maintenance and repair obligations are limited accordingly.
- Guest Reporting Obligation. Guest shall immediately report to Manager any damage, malfunction, defect, or maintenance issue at the Property, including but not limited to plumbing leaks, appliance failures, heating or cooling system problems, safety hazards, or any condition requiring repair. Guest's failure to promptly report any issue shall make Guest liable for any resulting damage or increased repair costs.
III. Service Interruptions. Owner and Manager shall not be liable for any interruption or failure of utilities, services, or amenities, including but not limited to electricity, gas, water, sewer, internet, cable television, telephone, heating, air conditioning, or recreational amenities. No interruption or failure of services shall entitle Guest to any refund, rent abatement, or other compensation except as required by law. Guest acknowledges that service interruptions may occur due to weather, utility company actions, equipment failure, or other causes beyond Owner's or Manager's control.
- No Warranty of Condition. Owner and Manager make no warranty or representation regarding the condition, quality, or fitness for any particular purpose of the Property or any furnishings, appliances, or amenities. THE PROPERTY AND ALL FURNISHINGS, APPLIANCES, AND AMENITIES ARE PROVIDED "AS IS" AND "WHERE IS" WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOTLIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR APARTICULAR PURPOSE.
- Guest's Assumption of Repair Costs. If any maintenance or repair is required due to Guest's misuse, negligence, or violation of this Agreement, Guest shall be solely responsible for the full cost of such maintenance or repair.
Article 9 — Damage to Property and Guest Liability
- Guest Liability for Damage. Guest shall be liable for any and all damage to the Property, furnishings, appliances, fixtures, and grounds caused by Guest, Additional Guests, or any other person present at the Property at Guest's invitation or with Guest's knowledge, whether such damage is caused by negligence, intentional conduct, or otherwise. Guest's liability shall include the full cost of repair or replacement, loss of rental income during any period the Property cannot be rented due to the damage, and all administrative and processing fees.
- Documentation and Assessment. Manager shall document the condition of the Property before and after the Rental Period. Within fourteen (14) days following Check Out Time, Manager shall assess any damage and provide Guest with an itemized invoice. Guest shall pay the invoice within fifteen (15) days of receipt.
III. Damage Deposit Application. Manager may apply the Damage Deposit to any amounts owed under this Article 9 or any other provision of this Agreement. Application of the Damage Deposit shall not limit Guest's liability, and Guest shall remain liable for all amounts exceeding the Damage Deposit.
- Payment Authorization for Damages. Guest authorizes Manager and Owner to charge Guest's payment method on file for all damage costs, administrative fees, and other amounts owed under this Agreement. If Guest disputes any charge, Guest must provide written notice to Manager within three (3) days of the charge along with supporting documentation.
- Administrative Fees. In addition to repair and replacement costs, Guest shall pay an administrative fee of twenty percent (20%) of the damage cost or $150.00, whichever is greater, to compensate Manager for time and costs associated with documenting, obtaining estimates, coordinating repairs, and processing damage claims.
Article 10 — Default, Termination, and Eviction
- Events of Default. The occurrence of any of the following shall constitute a material default and breach of this Agreement by Guest:
- Violation of Maximum Occupancy limits;
- Hosting or permitting any unauthorized party, event, or gathering;
- Excessive noise or disturbances violating Applicable Laws or this Agreement; D. Smoking in violation of this Agreement;
- Unauthorized pets;
- Violation of parking restrictions;
- Illegal activity at the Property;
- Damage to the Property beyond ordinary wear and tear;
- Failure to pay any amount when due;
- Violation of any Applicable Law or HOA rule;
- Use of the Property for unauthorized commercial purposes;
- Failure to vacate at Check-Out Time; or
- Any other material violation of this Agreement.
- Immediate Termination Right. Upon the occurrence of any Event of Default, Manager or Owner may immediately terminate this Agreement and require Guest to vacate the Property without notice or opportunity to cure. Guest acknowledges that certain violations, including but not limited to unauthorized parties, excessive occupancy, illegal activity, and safety violations, cause immediate and irreparable harm justifying immediate termination without notice.
III. Eviction and Removal. If Guest fails to immediately vacate upon termination, Manager or Owner may pursue all available legal remedies including unlawful detainer proceedings, and may engage law enforcement to remove Guest and all occupants from the Property. Guest shall be liable for all costs, fees, and damages associated with eviction and removal, including attorney's fees.
- No Refund Upon Termination. If this Agreement is terminated due to Guest's default, Guest shall not be entitled to any refund of the Rental Fee, Damage Deposit, or any
other amounts paid. Guest shall remain liable for the full Rental Fee for the entire Rental Period and for all damages, costs, and fees incurred by Owner and Manager.
- Holdover. If Guest fails to vacate the Property by Check-Out Time, Guest shall be liable for holdover charges at a rate equal to three (3) times the daily Rental Fee for each day or partial day Guest remains in possession, in addition to all other damages and remedies. Guest's holdover tenancy shall be at sufferance only and may be terminated by Owner or Manager at any time without notice.
- Lost Rental Income. If Guest's breach or default causes Owner or Manager to be unable to rent the Property to subsequent guests, Guest shall be liable for all lost rental income and related damages.
Article 11 — Dispute Resolution and Arbitration
- Mandatory Binding Arbitration. Except as provided in Section II of this Article 11, Guest, Owner, and Manager agree that any and all disputes, claims, or controversies arising out of or relating to this Agreement, the Property, Guest's occupancy, or the relationship between the parties, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising during or after the Rental Period (collectively, "Disputes"), shall be resolved exclusively by binding arbitration administered by JAMS (formerly Judicial Arbitration and Mediation Services) in accordance with its Streamlined Arbitration Rules and Procedures, or if JAMS is unable or unwilling to serve, by another nationally recognized arbitration provider mutually agreed upon by the parties. This agreement to arbitrate includes, but is not limited to, disputes regarding the formation, enforceability, validity, scope, or interpretation of this Agreement or this arbitration provision.
- Exceptions to Arbitration. Notwithstanding Section I of this Article 11, the following matters are excluded from arbitration and may be pursued in court:
- Actions seeking emergency or preliminary injunctive relief to prevent immediate and irreparable harm;
- Actions to recover possession of the Property, including unlawful detainer proceedings;
- Actions to collect amounts owed by Guest under this Agreement, including but not limited to unpaid Rental Fees, damage charges, and fees; and D. Actions within the jurisdiction of small claims court, provided that if any party
appeals a small claims court judgment, the appeal shall be resolved by arbitration.
III. Arbitration Procedures. The arbitration shall be conducted as follows: A. Location. The arbitration shall take place in the county in which the Property is located.
- Governing Rules. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and not by any state arbitration law.
- Single Arbitrator. The arbitration shall be conducted by a single neutral arbitrator experienced in real property and contract disputes.
- Discovery. Discovery shall be permitted as provided in the applicable arbitration rules, but the arbitrator may limit discovery to ensure efficient and cost-effective proceedings.
- Hearing. The arbitrator shall conduct a hearing and receive evidence and testimony as provided in the applicable arbitration rules.
- Award. The arbitrator shall issue a written decision stating the essential findings and conclusions on which the award is based. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
- Costs and Fees. Each party shall bear its own attorney's fees and costs, except that the arbitrator may award attorney's fees and costs to the prevailing party to the extent provided in this Agreement or allowed by law. The parties shall equally split arbitration fees unless applicable law requires otherwise or the arbitrator allocates such fees differently.
- Waiver of Jury Trial. GUEST, OWNER, AND MANAGER HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT THEY MAY HAVE TO ATRIAL BY JURY IN ANY LITIGATION BASED UPON OR ARISING OUTOF THIS AGREEMENT OR ANY RELATED DISPUTE. GUEST ACKNOWLEDGES THATGUESTHAS BEEN ADVISED TO CONSULT WITH LEGAL COUNSEL REGARDING THIS WAIVER AND THAT GUEST UNDERSTANDS THE CONSEQUENCES OF THIS WAIVER.
- Class Action Waiver. GUEST, OWNER, AND MANAGER AGREE THAT EACH MAYBRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOTAS APLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. GUEST ACKNOWLEDGES THAT BY AGREEING TO THIS CLASS ACTION WAIVER, GUEST MAY ONLY PURSUE DISPUTES WITH OWNER OR MANAGER ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND THAT GUEST IS WAIVING THE RIGHT TO PARTICIPATE IN ACLASS ACTION.
- Severability of Arbitration Provisions. If any portion of this Article 11 is found to be unenforceable or unlawful for any reason:
- The unenforceable or unlawful provision shall be severed from this Agreement; B. Severance of the unenforceable or unlawful provision shall have no impact on the remainder of this Article 11 or the parties' agreement to arbitrate any remaining Disputes; and
- If the class action waiver in Section V of this Article 11 is found to be unenforceable or unlawful with respect to any Dispute, then the entirety of this Article 11 (except Section II) shall be null and void with respect to that Dispute only, but the remainder of this Agreement shall remain in full force and effect.
VII.Governing Law for Arbitration. The interpretation and enforcement of this Article 11 shall be governed by the Federal Arbitration Act. All other matters shall be governed by California law as provided in Article 16.
Article 12 — Collection Costs and Attorney's Fees
- Collection Costs. If Guest fails to pay any amount owed under this Agreement when due, Guest shall be liable for all costs of collection, including but not limited to: A. Reasonable attorney's fees and legal costs;
- Collection agency fees;
- Court costs and filing fees;
- Interest at the rate specified in Article 3;
- Administrative fees of $150.00 or twenty percent (20%) of the amount owed, whichever is greater; and
- All other costs and expenses incurred in collecting amounts owed.
- Attorney's Fees. In any action, arbitration, or proceeding arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs from the non-prevailing party. For purposes of this provision, "prevailing party" means the party who obtains substantially the relief sought, whether by judgment, award, settlement, or dismissal with prejudice.
III. Chargeback Costs. If Guest disputes any charge with Guest's credit card issuer or payment processor and such dispute is resolved in favor of Owner or Manager, Guest shall be liable for the amount of the chargeback, all chargeback fees and penalties imposed by the payment processor, administrative fees of $100.00, and all attorney's fees and costs incurred in responding to and defending against the chargeback.
- Judgment Interest. Any judgment or arbitration award in favor of Owner or Manager shall bear interest at the maximum rate permitted by California law from the date the obligation became due until paid in full.
Article 13 — Cancellations and Force Majeure
- Guest Cancellation. Guest may cancel this Agreement only in accordance with the cancellation policy specified in the Reservation Confirmation. Cancellations must be made in writing to Manager. Refunds, if any, shall be processed in accordance with the applicable cancellation policy. Guest acknowledges that certain fees, including but not limited to booking fees and service fees, may be non-refundable.
- Manager and Owner Cancellation. Manager or Owner may cancel this Agreement at any time prior to Check-In Time for any reason or no reason. If Manager or Owner cancels for reasons other than Guest's breach or anticipated breach, Manager shall refund all amounts paid by Guest, and such refund shall be Guest's sole and exclusive remedy. Manager and Owner shall have no liability to Guest for any consequential, incidental, or other damages arising from cancellation, including but not limited to alternative lodging costs, travel expenses, or lost vacation time.
III. Force Majeure. Neither party shall be liable for any failure or delay in performance under this Agreement due to causes beyond that party's reasonable control, including but not limited to acts of God, natural disasters, fire, flood, earthquake, hurricane, tornado, severe weather, epidemic, pandemic, quarantine, government orders or restrictions, war, terrorism, civil unrest, strikes, utility failures, or other force majeure events (each, a "Force Majeure Event"). If a Force Majeure Event occurs that prevents or materially impairs Guest's use of the Property:
- Manager may, in its sole discretion, offer Guest the option to reschedule the Rental Period or receive a credit toward a future booking; or
- If rescheduling or credit is not acceptable to Guest, Manager shall refund amounts paid by Guest less non-refundable fees, and such refund shall be Guest's sole remedy.
Guest acknowledges that neither Owner nor Manager shall have any liability for damages arising from a Force Majeure Event, and Guest assumes all risks associated with travel and vacation planning.
- No Travel Insurance Provided. Guest acknowledges that Owner and Manager strongly recommend that Guest purchase travel insurance to protect against cancellation,
interruption, and other travel-related losses. Owner and Manager make no representations regarding the suitability or coverage of any travel insurance policy.
Article 14 — Insurance and Personal Property
- Owner's Insurance. Owner maintains property insurance covering the Property. Owner's insurance does not cover Guest's personal property or liability for Guest's acts or omissions.
- Guest's Insurance Obligation. Guest is solely responsible for obtaining insurance covering Guest's personal property and liability. Guest acknowledges that Owner and Manager have no liability for loss of or damage to Guest's personal property, whether caused by theft, fire, water damage, or any other cause. GUEST'S PERSONAL
PROPERTY IS BROUGHT TO AND KEPT AT THE PROPERTY ENTIRELYATGUEST'S OWN RISK.
III. Guest Liability Insurance Recommendation. Manager recommends that Guest obtain liability insurance covering bodily injury and property damage arising from Guest's occupancy and use of the Property. Guest acknowledges that Guest may be personally liable for injuries to Additional Guests, invitees, and third parties, and for damage to the Property and third-party property.
- Waiver of Subrogation. To the extent permitted by their respective insurance policies, Guest, Owner, and Manager each waive any right of recovery against the others for any loss or damage to property that is covered by valid and collectible insurance, regardless of the cause of such loss or damage.
Article 15 — Guest Representations and Warranties
- Authority and Capacity. Guest represents and warrants that:
- Guest is at least eighteen (18) years of age;
- Guest has full legal capacity and authority to enter into and perform this Agreement;
- This Agreement constitutes Guest's legal, valid, and binding obligation enforceable against Guest in accordance with its terms; and D. Guest's execution and performance of this Agreement does not violate any agreement to which Guest is a party or any law applicable to Guest.
- Accuracy of Information. Guest represents and warrants that all information provided to Manager in connection with the reservation and this Agreement, including Guest's identity, contact information, payment information, number of guests, and intended use of the Property, is true, accurate, and complete.
III. Additional Guests. Guest represents and warrants that all Additional Guests are known to Guest and that Guest has authority to bind Additional Guests to the terms of this Agreement. Guest acknowledges that Guest is responsible for the conduct of all Additional Guests and for any breach of this Agreement by Additional Guests.
- No Prohibited Conduct. Guest represents and warrants that Guest will not use the Property for any illegal purpose or in violation of any Applicable Law, and that Guest has no intention to host or permit any unauthorized party, event, or gathering at the Property.
- Survival. All representations and warranties in this Article 15 shall survive the execution of this Agreement and the termination of the Rental Period.
Article 16 — General Provisions
- Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law principles. Except as provided in Article 11, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in the county in which the Property is located for any action or proceeding arising out of or relating to this Agreement.
- Entire Agreement. This Agreement, together with the Reservation Confirmation and any written addenda or amendments signed by all parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral. No representation, promise, or inducement not included in this Agreement shall be binding upon any party.
III. Amendment. This Agreement may be amended or modified only by a written instrument signed by Guest and Manager. No oral modification or amendment shall be effective. IV. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired. The parties intend that each provision of this Agreement shall be enforced to the fullest extent permitted by law.
- Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party. No waiver of any breach or default shall constitute a waiver of any subsequent breach or default. The failure of any party to enforce any provision of this Agreement shall not constitute a waiver of that party's right to subsequently enforce such provision or any other provision.
- Assignment. Guest may not assign, transfer, sublet, or otherwise convey Guest's rights or obligations under this Agreement without Manager's prior written consent. Any attempted assignment in violation of this provision shall be void. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
VII.Electronic Signatures and Records. Guest consents to the use of electronic signatures and electronic records for this Agreement and all related communications and transactions. Guest acknowledges that Guest's electronic signature has the same legal effect as a handwritten signature. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
VIII. Notices. All notices, demands, and communications required or permitted under this Agreement shall be in writing and shall be deemed given when delivered personally, sent by confirmed electronic mail, or sent by nationally recognized overnight courier to the addresses specified in the Reservation Confirmation or such other address as a party may designate by written notice.
- Headings. The article and section headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.
- Interpretation. This Agreement has been negotiated by the parties and shall be interpreted fairly in accordance with its terms and not construed for or against any party based on authorship. As used in this Agreement, "including" means "including without limitation," and the singular includes the plural and vice versa.
- No Third-Party Beneficiaries Except Owner. Except as expressly provided herein with respect to Owner, nothing in this Agreement shall create any right in or benefit to any person or entity not a party to this Agreement.
XII.Survival. All provisions of this Agreement that by their nature should survive termination or expiration shall so survive, including but not limited to the provisions regarding
assumption of risk, releases, indemnification, limitation of liability, arbitration, payment obligations, and collection rights.
XIII. Time of Essence. Time is of the essence with respect to all obligations under this Agreement.
XIV. Further Assurances. Each party shall execute and deliver such additional documents and instruments and perform such additional acts as may be necessary or appropriate to effectuate, carry out, and perform all of the terms, provisions, and conditions of this Agreement.
ACKNOWLEDGMENT AND ACCEPTANCE
BY ELECTRONICALLY SIGNING BELOW, GUEST ACKNOWLEDGES AND AGREES AS FOLLOWS:
- Guest has carefully read this entire Agreement and understands all of its terms and conditions.
- Guest has had the opportunity to ask questions and seek legal counsel regarding this Agreement.
- Guest voluntarily enters into this Agreement with full knowledge of its terms. 4. Guest understands that this Agreement contains releases of liability, assumptions of risk, waivers of important legal rights (including the right to a jury trial and the right to participate in class actions), and indemnification obligations that may significantly affect Guest's legal rights.
- Guest acknowledges that the Property may contain hazards and features that present risks of serious injury or death, and Guest voluntarily assumes all such risks. 6. Guest agrees to abide by all terms and conditions of this Agreement, including all occupancy limits, use restrictions, and conduct requirements.
- Guest acknowledges that Owner and Manager are relying on Guest's representations, warranties, and agreements set forth herein.
- Guest acknowledges that this Agreement is legally binding and enforceable against Guest.
- Guest acknowledges receipt of a copy of this Agreement.