1. Have fun!
2. The number of guests this property Accommodates is the maximum number of guests allowed. No parties or other gatherings are allowed.
3. The primary Guest must be age 25 or older.
4. No smoking is allowed at any of our Accommodations in or around the property.
5. No pets are allowed at any of our Accommodations unless specifically listed as “Pets Allowed".
These additional terms apply to all our Accommodations in addition to the standard Airbnb terms:
This Rental Agreement is made by and between the owner of the Accommodation, either directly or through its authorized leasing agent (“Owner"), the Guest, and us, a California corporation which specializes in vacation rental reservations ("Reservation Agent" or "us"), each, a “party", collectively, the “parties". This Rental Agreement and all exhibits, linked pages and attachments referenced below, as well as the Airbnb Terms, which by this reference are incorporated herein as though fully set forth, are, together, the “Agreement".
NOW, THEREFORE, the parties agree as follows.
1. General Terms. The following terms shall apply to all Accommodations:
a. Check-In Time is 4PM.
b. Check-Out Time is 11AM. Guest agrees there shall be no holding over or late departure without prior approval. Any unauthorized holding over by Guest shall be subject to a charge of 1 and 1/2 times the daily prorated rent ("Holdover Rate"), plus any additional damages incurred including, but not limited to, the cost of alternative housing for other guests displaced by Guest's holding over. Unapproved late check-outs will be charged 50% of the Holdover Rate.
c. Cleaning Fees. The stated Cleaning Fees include only the cost of standard cleaning services engaged at the end of Guest's rental term. If the condition of the Accommodation following such rental term requires extra cleaning beyond such standard level, Guest shall be solely responsible for the cost of such cleaning, and Guest hereby authorizes Airbnb to retain such amounts from the security or other deposit amounts held by Airbnb or affirmatively charge or debit, as the case may be, such amounts from Guest's charge or debit account on file with Airbnb.
d. Damage Coverage. To make your stay care free, we automatically include insurance in place of a security deposit which covers unintentional damage to the Accommodation interior that occurs during your stay, provided it is disclosed to us prior to check-out. The policy will pay a maximum benefit of three thousand dollars ($3,000). Any damages that exceed $3,000 will be charged to the credit card on file per Airbnb's Terms. Certain terms and conditions apply. Full details of the Security Deposit Protection coverage are contained in the Certificate of Insurance which we will email to you with your reservation confirmation. You authorize and request CSA Travel Protection to pay directly to us any amount payable under the terms and conditions of this Security Deposit Protection plan. Please contact us if you prefer to pay a security deposit and do not wish to participate in this plan or assignment.
e. Occupancy. Occupancy may not exceed the number of people included in your reservation. Occupancy calculations include infants and children. Occupancy also includes any and all guests who visit the Accommodation, and no parties or other gatherings which exceed the Occupancy limit shall occur without prior approval of the Owner.
f. Utilities/Telephone: Owner is to pay for all utilities, driveway snow removal (if applicable) and hot tub maintenance (if applicable), except long distance telephone charges. Guest may use the telephone for local calls only and should use a credit card or call collect to make any long distance calls. Guest agrees to pay for all long distance telephone charges during their stay and acknowledges that these charges may be levied on their credit card up to two months after check out. Note that phone, Internet, cable, and satellite connections, where available, cannot always be guaranteed, especially in mountain locations, and no refund will be given if they are not functional.
g. Smoking. All Accommodations are smoke free. No smoking is allowed inside the home, or within ten feet of any structure at the Accommodation, including any garages and sheds. If evidence of smoking is found, Guest will be charged an additional cleaning fee of at least $500 to clean the carpet, upholstery, and drapery.
h. Children. Guest agrees to supervise children at all times while using the Accommodation, and to take necessary precautions with children who may wet their beds including utilizing plastic protection sheets or "Pull Ups". Costs to replace mattresses or linens damaged by bed wetting will be charged to the credit card on file. Note: Hot Tubs are not a safe environment for children under 12 at any time. Children aged 12 and over must be supervised at all times while using a hot tub.
i. Pets. If this Accommodation does not allow Pets, then no pets are allowed inside the home or any other structure at the Accommodation, including any garages or sheds. If evidence of pets is found at an Accommodation which does not allow pets, Guest will be charged an additional cleaning fee of at least $500 to clean the carpet, upholstery, and drapery.
j. No refund shall be given for cancellations due to poor snow conditions, severe weather, road closures, traffic delays, early departures, or illness or injury. We do offer optional Travel Insurance to protect you against unforeseen risks. If you are interested in a quote, please let us know.
2. Representations and Warranties.
a. Guest represents and warrants to Owner and Reservation Agent as follows:
i. Guest is over the age of 24 years and has full power and authority to enter into this Agreement and perform his/her obligations hereunder without restriction or limitation of any kind.
ii. Guest will abide by all conditions, restrictions and requirements (1) imposed by controlling law; (2) set forth in this Agreement, and (3) posted or provided at the Accommodation or on the grounds of the Accommodation, whether by Owner or by a homeowners association or similar group or body.
iii. Guest will keep all exterior access points to the Accommodation (e.g. doors, ground-floor windows) locked at all times during the rental period when the Accommodation is not occupied by Guest or its guests.
iv. Guest will not do, or allow others to do, anything on or near the Accommodation that could be considered a nuisance to any third party.
v. Guest will not sublet the Accommodation to any third parties.
vi. Guest and its guests will not damage the Accommodation or any appointments, furniture or fixtures in the Accommodation, nor shall Guest and its guests remove any article of personal Accommodation from the Accommodation premises. Guest acknowledges and agrees that damage, loss or injury to the Accommodation due to failure by Guest and its guests to abide by these reasonable restrictions shall be subject to remedy through, in part, use of the Security Deposit as provided in this Agreement.
vii. Guest understands that they may be occupying premises in a winter mountain environment and as such have to be responsible for avoiding situations that may cause injuries or falls. Changing weather conditions can create hazardous and icy conditions on and around the Accommodation. Guest agrees to hold harmless the Owner and Reservation Agent in case of accident or injury sustained while using the Accommodation.
a. Personal Property and Injury. Guest's personal property, including vehicles, are not insured by Owner, Reservation Agent or any homeowners association against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner and Reservation Agent do not insure against personal injury to Guest, its invitees or licensees for any reason. Guest agrees to indemnify, defend and hold harmless Owner and Reservation Agent from all claims, disputes, litigation, judgements, costs and attorney fees resulting from loss, damage or injury to Guest, their invitees or licensees or their personal property.
b. By Guest. Guest shall defend, indemnify and hold harmless each of Owner and Reservation Agent, and their respective agents, affiliates, subsidiaries, directors, officers, shareholders, employees, assigns and insurers against any claim, action, liability, loss and expense, including reasonable attorneys' fees and related costs (collectively “Loss") relating to or arising out of Guest's and/or its guests' breach of this Agreement or violation of any applicable federal, state, local or association law, ordinance, rule or regulation (together, “Law").
4. Limitation of Liability. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER RESERVATION AGENT NOR OWNER MAKES ANY WARRANTIES TO GUEST OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NEITHER RESERVATION AGENT NOR OWNER WARRANTS, AND NEITHER SHALL BE LIABLE, TO GUEST OR ANY THIRD PARTY FOR ANY UNAVAILABILITY OR INOPERABILITY OF RESERVATION AGENT'S SERVICES, TELECOMMUNICATIONS SYSTEMS OR THE INTERNET, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND TO PERSON OR PROPERTY ARISING FROM EVENTS BEYOND THE REASONABLE CONTROL OF RESERVATION AGENT AND/OR OWNER. IN NO EVENT SHALL EITHER RESERVATION AGENT OR OWNER BE LIABLE TO GUEST FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF SAVINGS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. EACH OF RESERVATION AGENT'S AND OWNER'S MAXIMUM AGGREGATE LIABILITY HEREUNDER SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY GUEST TO OWNER UNDER THE RENTAL AGREEMENT.
5. Arbitration. In the event of a dispute between the parties arising out of or relating to this Agreement, including with respect to any Accommodations or sums billed, collected and/or distributed hereunder, the parties shall first attempt to resolve the dispute through informal good faith negotiations entered into promptly upon the request of a party. In connection with such process, each party shall share all information relating to such matter reasonably requested by the other party. In the event such dispute is not successfully resolved within 30 days of the parties' initial dispute resolution conversation, the matter shall be submitted to binding arbitration for resolution. Such arbitration shall be conducted by the Berkeley, California offices (or such offices nearest Berkeley) of the Judicial Arbitration and Mediation Services, or its successor (“JAMS"). Arbitration shall be conducted by JAMS in accordance with applicable JAMS rules governing the resolution of commercial disputes, generally, provided that notwithstanding any contrary provision within the JAMS rules, the arbitrator shall determine the rights and obligations of the parties according to the substantive laws of the state of California. The parties shall share equally in the cost of the arbitration subject to the arbitrator's discretion to allocate such cost among the parties in accordance with equitable considerations. Any award, which may include legal and equitable relief, will be final and binding and judgment may be enforced by any court of competent jurisdiction.
6. Priority; Waiver; Controlling Law; Etc. In the event of any inconsistency between the terms of this Agreement and the Airbnb Terms, the Airbnb Terms shall prevail. Subject to Section 7 below, no modification of any Accomodation shall be binding unless in writing (email confirmation OK) issued by an authorized representative of Reservation Agent, Owner and/or Guest, as the case may be, with written, affirmative acceptance and approval of such modification by an authorized representative of the other parties (electronic signature or email confirmation OK). No waiver of any right or obligation under this Agreement shall be binding unless in a writing signed by the party to be bound. If any provision herein is held to be unenforceable, the remaining provisions shall remain in full force and effect. All rights and remedies hereunder are cumulative. Affirmative acceptance of a reservation to stay at the Accommodation shall constitute Guest's binding agreement to and acceptance of these terms, including without limitation, this Agreement. This Agreement shall be governed by the laws of the State of California (without regard to its conflict of law provisions) and, subject to Section 5 hereof, all actions arising from or relating to this Agreement shall be brought exclusively in the state or federal courts situated in Alameda County, California. No terms, provisions or conditions of any email, acknowledgment or other writing or form that Guest may use, or any handwritten changes or notations by Guest on a Reservation Agent or Owner-provided form shall serve to alter, modify or have any effect on the terms of this Agreement and the parties' resulting rights and obligations.
7. Modification. Reservation Agent may modify any of the provisions of this Agreement, at any time in its sole discretion, by posting a new Agreement on Airbnb. Unless otherwise provided in the revised Agreement, the modified terms shall take effect immediately when posted. Reservation Agent shall use commercially reasonable efforts to notify Guest in advance of any such modifications, provided it shall remain Guest's duty to review the Agreement from time to time to inform themselves of the provisions and requirements thereof. IF ANY MODIFICATION IS UNACCEPTABLE TO GUEST, GUEST'S SOLE AND EXCLUSIVE RECOURSE AND REMEDY IS TO CEASE USE OF THE SERVICES. GUEST'S CONTINUED USE OF THE SERVICES FOLLOWING THE MODIFICATION OF THE AGREEMENT SHALL CONSTITUTE GUEST'S BINDING ACCEPTANCE OF AND AGREEMENT TO THE AGREEMENT AS MODIFIED.