If a Guest cancels a reservation more than 70 days prior to the scheduled arrival, Owner will refund all amounts already paid to Owner. If a Guest cancels (i) a reservation 70 days or less prior to the scheduled arrival at the Property or (ii) a reservation scheduled for the Christmas/New Year holiday period, Owner is not obligated to refund any amounts already paid to Owner. In the event of any late payment or non- payment, Owner’s sole recourse is, at Owner’s discretion, to cancel the applicable reservation if the outstanding payment is not received within 5 business days of Owner notifying SA of the intent to cancel.
OCCUPANCY: If at any time during the rental the Property is occupied by more than maximum occupancy, the Owner shall have the option to declare Guest to be in breach of the Agreement and Owner shall be entitled to require all persons occupying the Property to immediately vacate the Property or take measures to have all persons removed from Property and Guest shall automatically forfeit the right to the return of any unused Rental Fees and/or shall forfeit security deposit, at Owner’s discretion.
CHECK-IN/CHECK-OUT PROCEDURES: Check-in time is <4:00PM>. Check-out time is <10:00am> Exceptions must be pre-approved with reservations prior to check-out date. Non-approved late check-outs will result in a charge of (5%) of the nightly rate for every half-hour late on departure. When given advanced notice, Owner’s representatives will attempt to accommodate early arrivals and late check-outs.
INSURANCE: Guest acknowledges that neither PMC’s nor Owner’s insurance covers any of Guest’s or Guest’s invitees’ personal property, including vehicles, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause, except for injury or damage caused by the negligence or willful misconduct of the PMC or the Owner of the Property. SA and the Owner recommend that Guest obtain insurance to protect Guest, Guest’s invitees and their personal property from any loss or damage.
INDEMNIFICATION AND WAIVER: Guest will indemnify, defend and hold harmless Owner from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage or injury to Guest, Guest’s guests or licensees or their personal property arising out of the Guest or the Guest’s guests, invitees and licenses occupancy or use of the Property. Neither PMC nor the Owner of the Property shall be liable for any damage or injury to Guest, or any other person, or to any property, occurring on the Property, unless such damage is the legal result of the negligence or willful misconduct of the PMC or the Owner of the Property. Guest agrees to waive and release the Owner of the Property and PMC (“Released Parties”) from any and all liability for costs, expenses or damages due to loss of property or for personal injuries or death (“Claims”) which may occur to Guest and/or Guest’s guests and licensees while on or about the Property, except for injury or damage caused by the negligence or willful misconduct of the Released Parties. Guest hereby assumes the risk of a Claim while using the Property. The waiver and release is intended to be a full and complete waiver and release of the Released Parties from any and all present or future Claims (known or unknown), except for injury or damage caused by the negligence or willful misconduct of the Released Parties.
LAWS AND RULES AND REGULATIONS: Guest shall comply with all California statutes, ordinances and requirements of all municipal, state and federal laws regarding the Property, including the use, possession, production or sale of illegal drugs. In the event the Property is part of a condominium complex, Guest agrees to adhere to all rules and regulations set forth by the regulatory parties for the condominium complex or homeowners association in which the Property is located, including rules with respect to smoking, noise, odors, disposal of refuse, pets, parking and use of common areas.
NO-SMOKING POLICY: Smoking inside of the Property is strictly prohibited at all times. The Guest shall be responsible for all damage caused by smoking, including but not limited to, stains, burns, odor and removal of debris. If the Guest violates the no-smoking policy, Guest may be required to immediately vacate the Property or may be removed, in which case the Guest forfeits all rights to the return of any unused Rental Fees. Guests violating this no-smoking policy will forfeit a minimum cleaning fee of $500 from the Guest security deposit.
NO PETS: Pets are not allowed in or on the Property grounds. If the Guest violates this no-pet policy in the Property, the Guest shall be responsible for all damage caused by pet and Guest and the Guest’s guests and invitees will be required to immediately vacate the Property or shall be removed therefrom. If Guest is in breach of this no-pet policy, Guest forfeits the right of the return of any unused Rental Fees. Guests violating this no-pet policy will forfeit a minimum cleaning fee of $500 from the Guest security deposit and shall be charged for all costs incurred by Owner to repair any damages to the Property caused by pets.
POOLS AND HOT TUBS: The use of pools, hot tubs, sauna, spas and steam rooms within the Property is done at the Guest’s own risk. Guests are urged to exercise caution when using these types of amenities.
PROPERTY DAMAGE: Owner shall not be responsible for any loss of or damage to property of the Guest and its party, except insofar as such loss or damage is the result of Owner’s negligence.
EVENTS AND PARTIES: Absolutely no parties or functions such as weddings at which more persons are present than permitted by the maximum occupancy for the Property (“Gatherings”) are permitted without clear written approval from the Owner and/or SA. In order to host a Gathering, the Guest must sign a Special Events and Weddings Agreement. Guests shall be quiet and peaceful, so as to respect and not to disturb other residents of the neighbourhood, particularly after 10:00 PM. If Guest is found to have hosted a Gathering, Guest is subject to forfeiture of entire villa security deposit to the Owner.