Reservation Rental Agreement

 

GUEST is paying to be a guest in the above property for the above dates for temporary vacation purposes only. Guest is only entitled to occupy the property for the above dates and will vacate promptly at or before check-out time on the departure date above. Guest confirms, by signing this Contract, that Guest is a transient guest in the property, for vacation purposes only and that that Guest maintains Guest's primary residence elsewhere.

 

Guest accepts the responsibility to properly maintain the property during occupancy and agrees to replace or repair and pay for any breakage, damage, or loss, caused by Guest or Guest’s visitors during occupancy, other than normal wear and tear. All Guests must be at least 25 years old or be traveling with their parents or legal guardians. Please remember, this is a NON-SMOKING property and violation of this rule will result in a fee of $250 or the actual smoke-removal and/or damage repair expenses, whichever is greater.

 

Guest agrees to read all the house information and house rules in the house book upon arrival. All rules in that book must be followed. Guest is responsible for all occupants and guests of Guest. Any violation of those rules can result in immediate termination of occupancy, penalties, fines and/or loss of your deposit.  

 

Guest agrees to abide by all rules and regulations set forth by the City and/or Homeowner’s Association of the property. Upon violation of these rules by any Guest or any of Guest's guests, Altamira Vacation Rentals (“AVR”) may, at our option, terminate this Contract and occupancy immediately. In this event, Guest agrees to promptly vacate the property and understands that Guest will forfeit all monies including rent, fees, and deposits.

 

The property is located in a residential area. We expect renters and their day guests to behave in a courteous manner and be respectful of the neighbors. Pet owners should also be respectful of neighboring properties.

 

NOISE ORDINANCE: The City of Palm Springs has a strict noise ordinance which limits noise at all times of day to respectful levels.  Further, no music (including from phones) is allowed outside at any time, including music coming from inside that can be heard at the property line, and no noise at all is allowed outside after 10pm.  The City has notified the neighbors that the property is being used as a vacation rental.  Neighbors are encouraged to call the city hotline with any disturbances, and the city will impose penalties to the property owner and our company, and notify local authorities.  ANY VERIFIED NOISE VIOLATION WILL RESULT IN YOUR IMMEDIATE REMOVAL FROM THE PROPERTY WITH NO REFUND, AND ALSO A FINE OF AT LEAST $1000.  THIS IS A CITY-WIDE ORDINANCE AND WE HAVE NO CHOICE IN THIS MATTER...WE ARE NOT ABLE TO SIMPLY GIVE YOU A WARNING.

 

CHECK IN TIME IS 4:00PM AND CHECK OUT TIME IS 10:00AM unless other arrangements have been made with AVR in advance in writing. Please adhere to this so the unit can be cleaned prior to the next arrival. If you want early check-in or late check-out please contact us...it may be available for an additional fee. Late departures will be charged a half-day rate. FAILURE TO DEPART BY 4:00PM ON THE CHECK-OUT DATE WILL BE CHARGED AT TWICE THE HIGHEST DAILY RATE OF THIS STAY UNTIL DEPARTURE, plus all costs, fees, and damages, including but not limited to attorney fees, related to removal of the Guest and relocating an incoming guest. Please be advised that occupancy under this Contract is not subject to the Landlord Tenant Act and Guest may be immediately removed without refund.

 

FUNDS DUE UPON BOOKING: The entire rental amount, including rental fee, cleaning fee, pool heat, city bed tax (“TOT”), damage deposit, and any other charges, is due at the time of booking unless other arrangements have been made with AVR.

 

CANCELLATION BY GUEST: On all bookings, there is a non-refundable booking fee of $30 included in your rental. This booking fee is not refundable under any circumstances. If a reservation is canceled more than 60 days prior to your arrival date, all costs and fees are refundable except the booking fee. If a reservation is canceled less than 60 days prior to your arrival, the rental rate and TOT will be refunded only to the extent the house can be re-booked for your reserved dates, but cleaning fee, pool heat, and all deposits will be refunded in full. There is no refund for early departure.  If you booked through an online booking platform under a cancellation policy different from this one, that policy shall prevail.

 

CANCELLATION BY AVR: If for any reason beyond the reasonable control of AVR, the property becomes unavailable for rental prior to the date of Guest’s arrival, AVR may cancel this Contract.  In this event, a full refund will be made immediately to Guest of all payments made.  Until check-in, AVR reserves full discretion to assign Guest to a different vacation rental property.  Reasonable effort will be made to substitute a property of equal or greater size and quality.

 

VACATION RENTAL INSURANCE: CSA Vacation Rental Insurance has been made available with your reservation. Vacation Rental Insurance reimburses for pre-paid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses.  We strongly recommend you purchase this valuable protection.  If not purchased, you acknowledge you have read and understand our cancellation policy and choose not to purchase Vacation Rental Insurance on behalf of all occupants.  Separate terms and conditions apply, read your policy carefully and contact CSA at (866) 999-4018 with coverage questions.

 

MAXIMUM OCCUPANCY: The maximum number of people permitted for overnight occupancy is as set forth above. The maximum daytime occupancy, which is only between the hours of 10am and 10pm, is 4 more than the overnight maximum. No parties are permitted, and occupancy limits are strictly enforced. Guests must use existing bedding. No inflatable or portable beds are allowed, with the exception of portable cribs for infants. Violating these occupancy limitations is a violation of this Contract and the City Code and may result in immediate removal with no refund of rent, fees, or deposits to Guest.

 

KEYS, LOCKS:  Upon arrival, Guest may receive keys and openers (if applicable). Guest acknowledges that locks to the property have not been re-keyed.  Keys and openers may not be duplicated. Guest will be charged for lost keys and openers in the event they are removed from the property upon termination of occupancy.

 

GENERAL SAFETY RULES:

 

Glass is not allowed out in the pool area. There are plastic glasses, platters, and bowls provided, so any broken glass out by the pool will result in a $50.00 fee to clean the pool deck area of glass. If a glass is broken IN the pool there will be a charge in the amount of $250 or the actual cost to AVR, whichever is greater, to drain the pool, clear out all glass and repair any damage. NOTIFY AVR IMMEDIATELY so we can take steps to remove the broken glass and protect the filter system and future Guests.

 

No candles are allowed inside the house or outside on the property at any time.

 

Activities involving the pool and spa carry inherent risk, and Guest assumes all liability for that risk when using the pool or spa. Minors are never allowed in the pool or spa unsupervised…leaving children unsupervised at any time could result in serious injury. Consuming alcoholic beverages is not advised with pool/spa activity. In addition to causing impaired judgment and risk of injury, the effects of alcohol are enhanced with spa heat. Diving is absolutely prohibited in the pool. Running or engaging in horseplay around the pool area is prohibited. Please dry off before entering the home, as floors may be slippery when wet.

 

ABSOLUTELY NO pets are allowed on the property that are not specifically approved by AVR in writing in advance and noted in the Contract at the time of booking (just noting them on the Contract is not considered approval). If you have rented a pet friendly house, a pet addendum will be attached to this Contract that must be filled out, even if you are not bringing a pet. Any sign of unauthorized pets will result in immediate removal and loss of all rent and deposits.

 

MAINTENANCE AND REPAIRS DURING STAY: Maintenance problems sometimes arise in homes as they do in your own. Problems will be handled in a timely and professional manner. The rental rate will not be adjusted due to any equipment malfunction, as these items are only amenities. Notify us of any problems with any equipment including TVs, DVDs, air conditioning units, hot water heaters, stoves, outdoor grills, refrigerators, or pool equipment. Please be aware that repairs may not always be immediate. If repairs are not likely within 24 hours, a rate reduction may be considered based on the severity of the issue or lack of amenity usage.  In the rare event of a more serious maintenance or habitability issue arising during stay, it may be necessary to terminate occupancy early.  In such case, AVR may make reasonable efforts to relocate Guest in equivalent lodging or may cancel the remaining term of the reservation and provide Guest a prorated refund of sums paid by Guest.

 

FURNISHINGS NOT GUARANTEED: Information regarding individual property listings on the AVR website or online travel agency website is believed accurate but cannot be guaranteed. We have made every effort to ensure that all the information on the websites is current and accurate.  Furnishings are subject to change without notice. Furniture, bedding, mattress pads, utensils or any other property supplied with the Property must not be taken out or transferred from one property to another.  Loss of these items, as well as damage to the property or furnishings in excess of normal wear will be charged to the guest(s).

 

ENTRY BY AVR: An AVR representative may enter the property at any time, but will use best efforts to give a 24-hour notice for normal maintenance or inspections.

 

SECURITY CAMERAS: Some houses may feature cameras as part of a security system.  In most cases these cameras are exclusively directed towards doorways and entrances, but in some cases they may include views of living areas or outdoor areas. By signing this agreement and renting this house you acknowledge that there may be cameras in the house and agree to their use. These cameras are for the protection of the house as well as you and your property. Under no circumstances will these cameras be used for any public or commercial purpose.  You may cover any cameras that view living areas (if we haven't done it already), however door and entrance cameras must remain active for security reasons.  If you have any questions about the use of cameras, please ask us. We will be happy to tell you if the house you are renting features security cameras and give you more details about them if it does.

 

CLEANING FEE: The property will be delivered to Guest in a professionally cleaned condition. Upon termination of occupancy, Guest will deliver the property in a similar condition, less ordinary wear and tear. Guest will be charged a nonrefundable fee set forth in this Contract. This fee is for a general cleaning. If cleaning is heavy, the extra cost will be documented and may be deducted from the Security Deposit or charged to credit card on file.

 

SECURITY DEPOSIT: The security deposit refund is processed after property is vacated and all terms and conditions of this Contract are satisfied. In the event of any breach, the security deposit shall be retained to compensate Owner and/or agent for such breach, including payment of cost of extra cleaning, repairing or replacing any of the property, its contents or common areas and recreational facilities, lost rental income and expenses related to future Guests. In the event that said deposit is insufficient for that purpose, Guest shall pay the additional costs on demand, and hereby authorizes AVR to charge such costs to the card on file. If all terms and conditions of this Contract are fulfilled and there is no damage to the house, the deposit refund will be processed within 7 business days after departure date. For guest stays of 28 days or more, security deposits refunds will be processed within 30 days after departure date.

 

VACATION RENTAL DAMAGE PROTECTION: As a part of your stay, you may be able to purchase a Vacation Rental Damage Protection plan designed to cover unintentional damages to the rental unit interior that occur during your stay provided they are disclosed to management prior to check-out. If purchased, the policy will pay a maximum benefit of the policy limit you purchased. Any damages that exceed that policy limit or are not covered under the plan will be charged to the credit card on file.  If, during your stay at one of our rental properties, an insured person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of the policy limit for the plan you purchased. Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy www.vacationrentalinsurance.com/g20vrd. The Vacation Rental Damage plan can be purchased up to, and including at, check-in. By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to pay directly AVR any amount payable under the terms and conditions of the Vacation Rental Damage. Please contact AVR directly if you do not wish to participate in this assignment. If you do not wish to purchase the Vacation Rental Damage Protection, a damage deposit will be required instead as per your booking. In addition to the exclusions noted above and in the Description of Coverage, note that this insurance does not cover intentional damage, or any damage or fines caused by your negligence or a violation of the house rules or this contract, nor does it cover excess cleaning.  Any charges incurred that are not covered under this plan will be charged to your credit card on file, and you hereby expressly give AVR permission to charge your card for such purpose.

 

MONTHLY UTILITIES: Guests that stay for 28 days or more are responsible for the entire gas and electric bills during their stay, based on recorded meter reads from check in to check out and rates on file at AVR. In this case, a utility deposit will be taken in advance. Guests will be billed monthly for actual utility charges, and the deposit will be returned with the security deposit 30 days after departure date.

 

ASSUMPTION OF RISK: All properties are privately owned. The owners are not responsible for any accidents, injuries or illness, or any loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others or any other cause that occurs while on the property. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the property or others whom they invite to use the property.

 

INSURANCE: Guests’ or guests' personal property, including vehicles, are not insured by AVR, homeowners, homeowner's association, or AVR’s agents, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others or any other cause. AVR, homeowners, homeowner's association, or AVR’s agents, does not insure against personal injury to Guests, occupants, guests, or licensees, due to any cause or reason.

 

INDEMNITY AND HOLD HARMLESS: Guest, for himself/herself, his/her heirs, assignors, executors and administrators, fully releases and discharges AVR and Owner and agrees to indemnify, defend and hold harmless, AVR, AVR’s representatives and the homeowner, from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage, theft or injury to Guest, other occupants, guests or licensees, or their personal property, arising out of or in connection with Guest’s use and occupancy of the property, which is made, incurred or sustained by Guest, other occupants, guests or licensees.

 

AMERICANS WITH DISABILITIES ACT: Due to building codes applicable to residential homes not requiring full handicap accessibility, AVR vacation rental homes ARE NOT ADA compliant.  Please call us with any questions on accessibility. Please ask for the general manager, not reservation staff.

 

ATTORNEY FEES: In any action or proceeding arising out of this Contract, including but not limited to any action for recovery of possession of the Property or for property loss or damage, the prevailing party shall be entitled to their reasonable attorney fees and costs.

 

LIMITATION OF LIABILITY: In the event of any claim for damages against AVR for any reason, whether based on breach of contract or tort, any recovery shall be limited to reimbursement of all sums actually paid by Guest to AVR.  Under no circumstances shall AVR be liable for and Guest hereby waives any claim for consequential, punitive and/or exemplary damages.  AVR shall not be liable for events beyond their control that may interfere with Guest’s occupancy, including but not limited to Acts of God, acts of governmental agencies, fire, strikes, war, or inclement weather. NO REFUND will be offered in these circumstances.

 

LIQUIDATED DAMAGES:  GUEST ACKNOWLEDGES AND AGREES THAT CERTAIN CHARGES DESCRIBED HEREIN, ARE A REASONABLE ESTIMATE OF AVR’S DAMAGES IN THE EVENT OF VIOLATIONS OR DEFAULT IN SUCH PROVISIONS OF THIS CONTRACT BY GUEST.  THE PAYMENT OF SUCH AMOUNTS AS LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE §3275 OR §3369 BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO AVR UNDER CALIFORNIA CIVIL CODE §§1671, 1676, AND 1677.  NOTHING IN THIS CONTRACT WILL, HOWEVER, BE DEEMED TO LIMIT OCCUPANT'S LIABILITY TO AVR FOR DAMAGES OR INJUNCTIVE RELIEF FOR BREACH OF OCCUPANT’S INDEMNITY OBLIGATIONS UNDER THIS CONTRACT, FOR ATTORNEYS' FEES AND COSTS AS PROVIDED IN THIS CONTRACT, CLAIMS MADE AGAINST AVR BY THIRD PERSONS WHERE THE CLAIMS ARE A RESULT OF A DEFAULT BY GUEST UNDER THE TERMS OF THIS CONTRACT.

 

Credit card chargebacks and returned checks will be subject to a $75 fee or actual expenses and fees incurred by AVR, whichever is greater.

 

MISCELLANEOUS: Time is of the essence in all provisions of this Contract. All prior agreements between AVR and Guest are incorporated into this Contract, along with any addendums and attachments, which constitutes the entire agreement between the parties. It is intended as a final expression of the parties' agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. Any provision of this Contract that is held to be invalid shall not affect the validity or enforceability of any other provision in this Contract. The waiver of any breach shall not be construed as a continuing waver of the same or any subsequent breach. This Contract shall be governed and construed in accordance with the laws of the State of California.  This Contract is deemed to have been entered into in Palm Springs, California, and California shall have personal jurisdiction over the parties and the county in which the premise is located.  The Superior Court of Riverside County, California, shall be the forum and venue for any legal action brought in relation to this Contract.

 

OCCUPANTS:  In the space below please list EVERY PERSON who will be sleeping in the house and his or her age.  Only the people named below are allowed in the house between the hours of 10pm and 10am.  The City requires us to have the license plate numbers of the cars that will be on the property with any overnight guests, so those must be included here as well.

 

Please read the Contract you are signing carefully, as ANY violation of this signed Contract could result in your being removed immediately, and no refunds will be made on rental, fees, or deposits. If there is more than one Guest over the age of 18, each one shall be responsible for the performance of all obligations under this contract, jointly and individually with every other Guest.

 

THE CITY OF PALM SPRINGS REQUIRES US TO HAVE A COPY OF THE RESPONSIBLE RENTER'S ID ON FILE.  PLEASE EMAIL A COPY OF YOUR ID TO contracts@altamirarentals.com.  WE WILL NOT GIVE YOU ACCESS TO THE HOUSE UNTIL WE HAVE YOUR ID ON FILE.

 

Privacy Policy

This privacy policy discloses the privacy practices for www.altamirarentals.com.  This privacy policy applies solely to information collected by this website.  It will notify you of the following:

1. What personally identifiable information is collected from you through the website, how it is used, and with whom it may be shared.

2. What choices are available to you regarding the use of your data.

3. The security procedures in place to protect the misuse of your information.

4. How you can correct any inaccuracies in the information.

 

Information Collection, Use, and Sharing

We are the sole owners of the information collected on this site.  We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you regarding the reason you contacted us.  We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

 

Your Access to and Control Over Information

You may opt out of any future contacts from us at any time.  You can do the following at any time by contacting us via the email address or phone number given on our website:

• See what data we have about you, if any

• Change/correct any data we have about you

• Have us delete any data we have about you

• Express any concern you have about our use of your data

 

Security

We take precautions to protect your information.  When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way.  You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline.  Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information.  The computers/servers in which we store personally identifiable information are kept in a secure environment.

 

Updates

Our Privacy Policy may change from time to time and all updates will be posted on this page.

If you feel that we are not abiding by this Privacy Policy, you should contact us immediately via telephone at 760-537-0340 or via email.

 

Altamira Vacation Rentals 611 S. Palm Canyon Dr. Suite 7-528 Palm Springs, CA 92264 (760) 537-0340 info@altamirarentals.com

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