Rental Agreement - Sample

Sample of PSVH's vacation rental agreement for all guest reservations.

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VACATION RENTAL AGREEMENT, TERMS, CONDITIONS and COVENANTS

NOW, THEREFORE, in consideration of the property and the terms, conditions, and covenants hereinafter set out, it is agreed by and between the parties as follows;

DESCRIPTION OF PROPERTY

The Property is located at ______________ also known as ______________ (hereinafter referred to as the "Property").

 SHORT-TERM RENTAL

In consideration of the charges, fees, taxes, timely payments to be paid, and the covenants and agreements to be performed and observed by the Licensee / Cardholder, PSVH does hereby agree to a short-term rental of the Property, for use for sole use as a private residence and no other purpose. Licensee acknowledges and agrees that their occupancy is as a lodger of the Property and not as a tenant under landlord/tenant law, and the California Civil Code Sections 1940 et. Seq. (including, but not limited to California Civil Code 1950.5) shall not be applicable to Licensee / Cardholder since occupancy is transient and subject to tax under Section 7280 of the Revenue and Taxation Code. This Agreement is subject to termination by PSVH without recourse to eviction proceedings under the California Code of Civil Procedure 1161 or any other formal or informal processes. Licensee / Cardholder has no interest in the realty, and the Property shall always remain under the direct control and supervision of PSVH.

 OCCUPANCY COMMENCEMENT AND TERMINATION

The total short-term rental occupancy period of the Agreement shall commence at 3:00 pm (local time) of the Arrival Date (or earlier if early Check-In is authorized – see “Check-In & Keys/Codes”); and shall terminate at 11:00 am (local time) of the Departure Date (or later if late Check-Out is authorized – see “Check-Out”)as requested by Licensee / Cardholder in Reservation ID#: .

 BOOKING POLICY

Booking Charges naturally fluctuate throughout the year based on market conditions. When reservation confirmation is received, Booking Charges are locked in for the dates in the reservation. Should Booking Charges increase, Licensee / Cardholder will not be required to pay more. Conversely, if Booking Charges decrease, Licensee / Cardholder will not be entitled to a refund.

 PAYMENT POLICY

Licensee / Cardholder is responsible for full payment of the Total Booking Charges for the entire short-term rental period. Fifty percent (50%) of the Total Booking Charges are payable to PSVH in order to book and hold the Property. The remaining balance of the Total Booking Charges is due and payable to PSVH at least 30 days before the Licensee / Cardholder check-in date, (60 days for special events and holidays). Failure to follow the Payment Schedule OR if full payment of the Total Booking Charges is not received by PSVH at least 30 days prior to the check-in date, will result in a late or unpaid balance. Consequently, PSVH may cancel the reservation and retain all Booking Charges to cover any expense, loss or damage that PSVH may suffer because of Licensee / Cardholder default.

In the event that a reservation is not accepted/confirmed by PSVH, all fees paid will be refunded immediately. No reservation may commence without a signed Vacation Rental Agreement and the full payment being cleared. Once a reservation is received and accepted by PSVH, the Licensee / Cardholder is liable for payment of the balance of the rental fee 30 days before arrival (60 days for special events and holidays).

 RESERVATION CONFIRMATION

A reservation request is not confirmed until:

  • Licensee / Cardholder has completed all required sections and signed the Agreement

  • The Agreement is signed and returned to PSVH

  • PSVH receive at least 50% of the Booking Charges

  • Airbnb Reservations - all booking charges will be collected by Airbnb

PSVH completes a final reservation review and accepts the reservation. Acceptance of any reservation shall be in PSVH's sole and absolute discretion.

 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 costs. We urge the Licensee / Cardholder to consider purchasing Vacation Rental Insurance. Separate terms and conditions apply. Read the policies carefully and contact CSA at (866) 999-4018 with coverage questions. If not obtained, Licensee / Cardholder acknowledges that they have read and understood the PSVH cancellation policy and choose not to buy Vacation Rental Insurance on behalf of all occupants.

 PROPERTY TOURS

A tour of the Property may be available upon request but is subject to availability. If the Licensee / Cardholder or proxy tours the Property after the reservation is confirmed, the Licensee / Cardholder is subject to the terms and conditions of the cancellation policy including any cancellation fees.

 MINIMUM AGE TO RENT

Licensee / Cardholder and all guests must be at least 25 YEARS OF AGE to enter into the Agreement, reserve, and occupy the Property. PSVH requires proof of age before check-in. A LEGAL PARENT or GUARDIAN must accompany any guest under 25 years of age. No exceptions. Violations will result in a $1,000 charge per violation, immediate loss of all rights and protections afforded to the Licensee / Cardholder and all guests under the Agreement. Accordingly, all access to the Property will be revoked, and no credits or refunds will be issued to the Licensee / Cardholder.

 MAXIMUM NUMBER OF OCCUPANTS

The maximum number of overnight occupants at the Property is #  . Occupancy is enforced and will result in additional fines and/or removal and forfeit of security deposits, and there will be no refunds for unused nights. Please list all the guests in your party in the Reservation Guest List table below. Only persons listed on the Agreement may occupy the property at any given time.

 RESERVATION GUEST LIST

Occupancy of the property is restricted to those names listed on the Agreement or added subsequently by the Licensee / Cardholder. The terms of the Agreement will bind all persons listed on the Agreement. The Licensee / Cardholder will assume full responsibility for all guests throughout the short-term rental period. Information or instructions relating to the Property will be communicated to the Licensee / Cardholder only and not to any guests.

All guest Names (first and last) and age must be listed below.  Licensee / Cardholder will not be granted access to the Property without providing all required guest information.

ACCEPTANCE OF PROPERTY

Licensee / Cardholder agrees to accept the Property upon arrival, provided it meets the basic description as listed on www.myPSVH.com

 CHECK-IN & KEYS/CODES

Check-in for Licensee / Cardholder is 3:00 p.m. The Licensee / Cardholder is not permitted on the property before check-in. If extensive cleaning and/or repairs are required after the previous guest, check-in may be delayed until after 3:00 p.m. There will be no refund for late check-in due to extensive cleaning and/or repairs. If purchased ($180.00 + tax), an early check-in allows the Licensee / Cardholder to check-in at 11:00 a.m., barring any unforeseen circumstances.

 For non-return or loss of keys, gate cards, and remotes, Licensee / Cardholder agrees to pay a $150.00 service fee for each lost or unreturned item. Licensee / Cardholder or their guest's personal property, including vehicles, are not insured by the Property Owner, HOA, Property Owner's agents, or PSVH against loss or damage due to theft, fire, vandalism, rain, water, criminal or negligent acts of others or any other cause.

REPORTING DAMAGE TO PSVH

Licensee / Cardholder agrees to keep the Property in good condition during occupancy, and upon departure, the Property will be left in good and habitable condition. Any damage to furnishings, fixtures, or furniture or other notable conditions found upon arrival will be reported to PSVH within two (2) hours of arrival. PSVH may be contacted at

(760) 608-8400 or info@mypsvh.com.

 DAMAGE POLICY

Licensee / Cardholder shall be responsible for all damage, breakage and/or loss to the Property, except for normal wear and tear and unavoidable casualties (as deemed by PSVH in its sole discretion) which may result from occupancy. Licensee / Cardholder agrees that all pipes, wires, glass, plumbing, household contents, and other equipment and fixtures will be in the same condition upon departure as at the time of arrival, reasonable wear and tear and damage by unavoidable fire and casualty are the only exceptions. Licensee / Cardholder understands the Property will be inspected before arrival and upon departure. Licensee / Cardholder acknowledges any loss and/or damage to the Property will result in charges for repair and/or replacement value. Licensee / Cardholder hereby confirms that he or she or they understand and agree that charges will be posted to the credit card on file, or if charges are unable to be posted to the credit card, Licensee / Cardholder will promptly (within 10 calendar days) make arrangements for all charges due to be paid in full.

 SECURITY DEPOSIT OR DAMAGE PROTECTION (Airbnb Reservations - all booking charges will be collected by Airbnb following Airbnb policies)

A damage protection fee of $125 - $250 or a security deposit of $1000 - $2000 is required for each reservation. The Licensee / Cardholder must inform PSVH of their preference to submit a Security Deposit over a damage protection fee within 72-hours of Date Booked. Normal wear and tear and existing damages reported PSVH within 2 hours of arrival notwithstanding, the Licensee / Cardholder assumes full responsibility for any items found to be missing and any damage due to misuse, negligence, or action by Licensee / Cardholder or guests.

Security Deposits: Will be refunded by the method paid 21 days from the date of departure. Electing to submit a security deposit does not relieve the Licensee / Cardholder from any portion of the Agreement, including, but not limited to, charges, fees, taxes, timely payments to be paid, and the covenants and agreements to be performed and observed by the Licensee / Cardholder. Any damages, fines, or additional charges will be charged against the security deposit, and charges exceeding the security deposit will be charged to the Licensee / Cardholder's credit card on file. Licensee / Cardholder will be notified of any charges that apply.

 Damage Protection Fee: Alternatively, Licensee / Cardholder may pay a Damage Protection fee designed to cover unintentional damages to the interior of the Property occurring during the occupancy period provided all applicable damages are disclosed to management before departure. If purchased, the Damage Protection fee will cover a maximum of $5000 of accidental damages. However, the Damage Protection fee does not include all possible damages, including, but not limited to:

  • Unintentional damages exceeding $5,000

  • Any intentional damages

  • Theft

  • Unauthorized entry into the homeowners supply closet

  • Unauthorized pets

  • Extensive cleaning required upon departure

  • Smoking inside the home

  • Exceeding occupancy limits

  • Noise violations

  • Late check-out

  • Early check-in

  • Any other Agreement violations

  • Any fines imposed by the City, Police Department, or Home Owner Association as the result of the violation of any law, ordinance, rule or regulation or any fines or charges levied against Licensee / Cardholder or guests.

PSVH requires a valid Credit Card number on file in addition to the $125 Damage Protection fee. Licensee / Cardholder will be notified of any excess damage charges in writing and will be charged immediately to the credit card on file.

 GOOD NEIGHBOR POLICIES

The Licensee / Cardholder, on behalf of all guests, agrees to:

17.1.       Exhibit conduct in a manner respectful of neighbors by refraining from loud outdoor noises, disruptive parties, over-occupancy

17.2.       Refrain from any activity that interferes with the quiet enjoyment of neighbors, traffic flow, the community, and residents

17.3.       Maintain the property in good order and appearance at all times

17.4.       Do not disturb, annoy, endanger or inconvenience neighbors or prompt written or verbal complaints to PSVH from police, neighbors, neighborhood associations or homeowner associations (HOA)

17.5.       Maintain inside music at a level that cannot be audible from the property line

17.6.       Abide by all HOA Association rules and regulations

17.7.       Recognize that this property is located in a quiet residential neighborhood where all applicable city ordinances that relate to occupancy, noise, and parking are strictly enforced

17.8.       Limiting the number of vehicles onsite to the total number of bedrooms of the Property

17.9.       Refrain from plugging in electric vehicles or RV's into the property without prior written consent of the homeowner

17.10.    Additionally, if the Property is located in the City of Palm Springs or Rancho Mirage:

  • There will be no outdoor amplified noise from any device at any time (this includes playing music inside and listening to it outside with the doors and windows open).

  • The City of Palm Springs requires the Licensee / Cardholder and all guests to agree with and sign these rules upon check-in.

 

A call from the neighbors to the City will bring a City Vacation Rental Compliance Officer or City Police Officer to your door. The City Vacation Rental Compliance Officer or City Police Officer may issue you a citation if they have evidence that you exceeded the allowed noise levels or if another violation is observed. City fines start at $500.00 and may include the immediate loss of all rights and protections afforded to the Licensee / Cardholder and all guests under the Agreement—including suspended access to the Property with no credits or refunds issued to the Licensee / Cardholder. In addition to the City fine, PSVH will charge a minimum of $1,000 to the credit card on file per violation. Licensee / Cardholder agrees to keep the noise down and be considerate of the neighbors—while you may be on vacation, other occupants in homes around you may not be.

 POOL TERMS AND CONDITIONS

Licensee / Cardholder is responsible for pool safety for themselves their children and all guests. The pool is not fenced or gated. Licensee / Cardholder's attentive personal supervision is required to avoid the risk of severe injury and death. Pools and spas pose serious safety risks & hazards—including injury or death—if not used with attentive care and caution. Licensee / Cardholder understands and agrees to the following:

No lifeguard is on duty

No running is allowed on the pool deck

Never leave a child unsupervised near on in a pool, not even for a minute. During social gatherings at or near the pool, appoint a designated adult to protect young children from pool accidents. While children are swimming, they must be watched at all times. Do not use flotation devices as a substitute for supervision. Toys and floats can entice young children into the pool area. When not in use, clear the pool area of toys. 

No Glassware. Do not use glassware in or near the pool or spa. Broken glass in pool area may result in additional charges up to $1,500.00. 

 No pets are allowed in the pool and any evidence of a pet being in a pool will result in a minimum charge of $500.00.

Consuming alcoholic beverages and/or drugs before using the spa can be dangerous and cause serious health risks. Avoid immersion in the spa for prolonged periods. 

No Diving. Diving into shallow water can cause serious injury, paralysis or death. 

Pools/spas are cleaned two times a week by an outside approved vendor (see property guide for scheduled days) during your visit. Refusing the vendor access to maintain the chemical balance of the pool will result in an additional charge for the vendor to return to the property.

 Umbrellas must be closed and secured when not in use.

Licensee / Cardholder and guests agree that the use of the pools and spas are entirely at their own risk. Licensee / Cardholder agrees and accepts that pools and spas contain necessary chemicals that can cause skin rashes, harm or discoloration of swimwear. Licensee / Cardholder assumes all risk for themselves, their children, pets and all guests. PSVH is not responsible for accidents. Licensee / Cardholder agrees to indemnify and hold harmless PSVH from any liability (active or passive) to PSVH, its owners, management, and employees, property owners and the City of from any harm or injury caused by using the pool and/or spa and equipment. 

UTILITY CHARGES (Airbnb Reservations - all booking charges will be collected by Airbnb following Airbnb policies)

California energy costs are among the highest in the US. A surcharge of pool/spa heating usage applies for daily or weekly use; monthly rentals pay actual electric and gas usage. From November to April, pools/spas will be heated to 80 degrees. Pools/spas are cleaned on a weekly schedule (by homeowner vendor) during your visit. Licensee / Cardholder agrees that if pool heating is adjusted upward by you or your guests, an additional excessive pool heat fee of up to $99 per night will be charged to your account. Daily utilities are charged to every reservation and not included in the "rent" charge.

PSVH will do everything in our power to make sure that the private pool and/or spa at the rental property are functioning correctly for your stay. However, despite our best efforts, the pool and/or spa equipment may suddenly not function properly. Licensee / Cardholder may be entitled to a partial refund equal to the daily pool/utility fee for as many full days as the heater or pump were not functioning if all of the following steps are followed:

  1. Licensee / Cardholder reports the malfunction to PSVH immediately, AND

  2. PSVH is given the opportunity to verify the situation, AND

  3. Circumstances beyond the control of PSVH cause the private pool and/or spa's heater or pump not to function properly

 EVENTS AND VENDORS

All events and vendors must be approved (Vendor Agreement) by PSVH and paid for in full before hosting. Unauthorized events or vendors, planned or unplanned, are subject to a minimum fine of $1000 and additional fines of up to $250 per unauthorized guest, applied to the credit card on file or commensurate reduction to the security deposit. Payment of fines related to unauthorized events or vendors does not exempt Licensee / Cardholder from additional fines including, but not limited to, the good neighbor policy, city noise ordinance violations, excessive trash and cleaning costs, or any damages. Additionally, failure to notify PSVH of any vendors or events could result in immediate loss of all rights and protections afforded to the Licensee / Cardholder and all guests under the Agreement—including suspended access to the Property with no credits or refunds issued to the Licensee / Cardholder.

 COMMERCIAL PHOTOGRAPHY

Commercial photography is NOT permitted without prior expressed written consent of the owner or agency. Special insurance is required to be purchased by Licensee / Cardholder for photography and film shoots including PSVH and homeowner as additionally insured.

 SUBLETTING

This Agreement may not be signed, or the Property sublet or occupied, by anyone other than Licensee / Cardholder and its guests. Licensee / Cardholder may not let, sublet or assign this lease for all or any part of the premises.

 CHANGING THE LOCKS

No physical changes to the Property or changing of locks on the Property are permitted.

 NO SMOKING OF ANY KIND

This is a non-smoking property which includes any substance, including but not limited to cigarettes, cigars or marijuana, through traditional or electronic smoking devices. Licensee / Cardholder is permitted to smoke outdoors on the patio or courtyard while maintaining at least a 15-foot distance from all doors and windows. Cigarette butts are to be disposed of properly and not left anywhere on the property. Any violation of the smoking policy will incur a $1,000.00 Additional "Smoke Damage" Cleaning Fee to remove smoke odors from the house and/or linens and butts from the grounds, smoking-related refuse, and any broken and/or misaligned window screens.

 PETS: Some properties are pet-friendly, while others are not. Licensee / Cardholder agrees to indemnify and hold harmless PSVH for any allergic reaction or other conditions arising from occupancy of the property. While some properties are currently designated "Non-Pet Friendly," there may have been pets onsite at some point in the past.

Pet-Friendly Properties—Select properties allow up to two (2) well-trained dogs (both under 45 lbs. each). Advance notice is required, and a $200 pet fee non-refundable pet fee will be applied to your stay. Cats and other pets are not allowed in any of our rental properties. Licensee / Cardholder assumes full responsibility for the dog(s), dog safety, the safety of others, vendors, guests, and pets. Licensee / Cardholder agrees to remove all evidence of pet occupation from the Property and grounds at the end of the rental period. Pets are not permitted on any item of furniture, including beds, and evidence of pet hair on furniture and bedding may incur additional cleaning charges.

  Non-Pet Friendly Properties—There are to be no pets permitted on the property, except qualifying service animals or if a reasonable accommodation has been approved for an assistance animal. 

Reasonable Accommodations for Assistance Animals—An assistance animal is not a pet. It is an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person's disability. In California, Licensee / Cardholder has the right to bring their service dogs and assistance animals to live with them in many circumstances. Housing providers that do not usually allow occupants to keep pets on the premises may be required to allow an individual with a physical or mental disability to have an animal that provides disability-related assistance.

Housing providers may deny a request to keep a service dog, psychiatric service dog, or support animal in California as a reasonable accommodation if the specific animal poses a direct threat to the health or safety of others or would cause substantial physical damage to the property of others. However, if the risk or injury can be reduced or eliminated by another reasonable accommodation, the housing provider must allow the animal. When the disability or need for reasonable accommodation is not apparent, a housing provider may ask the person with a disability for documentation that he or she has a disability and a disability-related need for the service dog or support animal. The licensee must then provide the housing provider with reasonable medical documentation from a health care provider that confirms the existence of the disability and the need for reasonable accommodation.

 Violations and Fees—If a pet is brought into a home without permission, a charge of $1500 will be charged to the credit card on file or applied to the security deposit. Licensee / Cardholder bringing a pet or pets without approval will be subject to immediate loss of all rights and protections afforded to the Licensee / Cardholder and all guests under the Agreement—including suspended access to the Property with no credits or refunds issued to the Licensee / Cardholder.

 ILLEGAL SUBSTANCES

Illegal substances are strictly prohibited. Licensee / Cardholder and their guests agree that any illicit drug use on the Property, or using the Property for any immoral or unlawful purpose, or violation of any law or ordinance on or about the Property will immediately terminate your occupancy, the local authorities will be contacted and be grounds for immediate loss of all rights and protections afforded to the Licensee / Cardholder and all guests under the Agreement—including suspended access to the Property with no credits or refunds issued to the Licensee / Cardholder. Licensee / Cardholder agrees to accept all liability and any costs incurred by PSVH as a result of the breach of this clause.

MOVING FURNITURE

PSVH shall provide furniture and fixtures, linens and towels, and basic equipment in the kitchen. The Licensee / Cardholder is responsible for returning any furniture that was moved to its original position. If the Property includes pool tables, moving the pool table is prohibited. Failure to not follow this request can result in a minimum fee of $500.00 to the credit card on file and/or is deducted from the security deposit.

NO REFUNDS NO CREDITS

PSVH endeavors to ensure that all short-term rental experiences in the Property are enjoyable, comfortable, and pleasant. Licensee / Cardholder understands and agrees that in renting a private vacation property, many situations are beyond the control of PSVH. Accordingly, NO refunds, credits, or discounts will be granted for such issues or circumstances leading to a less-than-perfect experience; some examples include:

  • Failure of the Property's systems or mechanical malfunctions (e.g., heating and air conditioners, thermostats, pool-spa equipment/heater, appliances, electronics, cable television, plumbing, and internet)

  • Construction taking place in the area

  • A property not decorated or accommodated to Licensee / Cardholder tastes/expectations

  • Bad weather

  • Condition of landscaping

  • A neighborhood disturbance/noise

  • Naturally occurring dirt or debris accumulating on or in the Property during the short-term rental period.

In the rare event of a mechanical malfunction or inconvenience, PSVH will take all reasonable actions to resolve the issues quickly and arrange for repairs, if any, to be accomplished as soon as possible, taking into consideration service personnel workload, parts availability, and the nature of the repair. However, it is understood that PSVH is not authorized to offer credits, discounts, or refunds of booking charges – daily pool/utility fee notwithstanding. Licensee / Cardholder agrees to accept responsibility for any expenses related to unnecessary service calls and approves related costs to the credit card on file. Licensee / Cardholder and their guest's personal property, including vehicles, are not insured by PSVH, HOA, or Property Owner against loss or damage due to theft, fire, vandalism, rain, water, criminal or negligent acts of others or any other cause.

CLEANING

A non-refundable departure cleaning fee is required on all rentals. Licensee / Cardholder agrees to treat the Property with care, leaving the Property in the same general condition as found upon arrival. Within the 1st hour of arrival, if you are not satisfied with cleaning, please contact PSVH so that we can attend to your specific requests. No cleaning fees will be refunded. The Property is inspected after Licensee / Cardholder departure. Additional charges will apply for stains on carpet or furnishings, bedding, excessively dirty ovens or stove-tops, BBQ grills, dirty dishes, excessive trash & moved furniture or appliances—these are not normal wear and are not covered as part of the cleaning fee. Licensee / Cardholder agrees items requiring extra cleaning at departure will result in a minimum charge of $150.00 to the credit card on file.

CHECK-OUT

Licensee / Cardholder agrees to promptly check-out at 11:00 a.m. on the day of departure unless specific arrangements are made in advance. The entire 4-hour window between Licensee / Cardholder check-out and the next reservation is needed to adequately clean and prepare the property for the next reservation. Out of respect for our housekeeping staff and newly arriving reservation, we ask that you adhere to our departure times.

Licensee / Cardholder understands and agrees:

  • To be completely out of the Property by 11:00 am
    • Without prior approval, late check-out will result in a minimum of $250 and may, at the sole discretion of PSVH, result in full charges for an additional night's stay
    • To close and lock all doors, sliders, windows
      • A $250 fee for leaving the property unsecured
      • To turn off lights, heat, and ACs
      • To bag trash and place it in the containers provided
      • To put all dishes and cookware in the dishwasher or, if clean, set back in cabinet or drawers they were found
      • To return carpets and flooring to the same condition as check-in (except for normal wear and tear).
      • PSVH is not responsible for personal items lost, stolen or left behind
        • A $25 fee plus the cost of shipping will be due to return any items left behind
        • There shall be no proration of the Total Occupancy Rate for late arrivals or early departures

ENTERING PREMISES

Licensee / Cardholder understands and agrees that in the event of an emergency, Owner, Owner's Agent or PSVH employees may enter the Property at any time without prior notice. Licensee / Cardholder further agrees that to perform necessary repairs and/or maintenance, Owner, Owner's Agent or PSVH employees may enter the Property without prior notice. For any other reason, Owner, Owner's Agent or PSVH employees may enter the Property with 24 hours' notice.

MAINTENANCE & SERVICE

Licensee / Cardholder understands and agrees that the sand, heat, and wind of the desert climate creates a harsh environment for mechanical property systems. Accordingly, the desert climate can sometimes result in equipment failure. Every reasonable effort will be made to remedy unforeseen situations and correct any problems in as a timely manner as possible. No refunds, credits, or Discounts due to malfunctions in systems or equipment or Licensee / Cardholder dissatisfaction. PSVH reserves the right to inspect and service the property during your visit including, but not limited to, required weekly gardener service and pool service, arranged by the homeowner. The scheduled days for the weekly gardener and pool services are posted in the property guide.

RELEASE OF LIABILITY

PSVH and Property Owner shall not be liable to Licensee / Cardholder or guests for loss or damage to any person or property on or about the Property. Licensee / Cardholder shall indemnify and hold harmless PSVH, its directors, officers, employees, shareholders, and the Property Owner free and harmless from any liability, claims, loss, damages, demands or expenses, including counsel fees and costs, arising:

a)     By reason of the death or injury of any person, OR

b)     By reason of damage to or destruction of any property, including property owned by Licensee / Cardholder or guests caused or allegedly caused by:

1)     Any cause whatsoever while that person or property is in or about the Property or in any way connected with the Property during Licensee / Cardholder or guests occupancy, OR

2)     Any matter connected with Licensee / Cardholder occupation and use of the Property

c)     By the use or misuse or abuse of any part of the Property

d)     From or against any omission, neglect, or default of Licensee / Cardholder, or any person at the Property at any time during the short-term rental period.

e)     From any nuisance or harm made or suffered on the Property by Licensee / Cardholder or guests from any carelessness, neglect, or improper conduct of any persons occupying or visiting the Property during your occupancy according to this Agreement.

EXCEPTIONS

Any exceptions to the rules and regulations as written herein must be approved in writing in advance by PSVH.

AMENITIES

PSVH make every attempt to ensure the Property lives up to the cleanliness and amenities of the pictures and/or video as seen on PSVH's website. Licensee / Cardholder agrees that some of the Property's amenities will need to be replaced or changed over time and may not be the specific amenity shown in the pictures or video.

EXTRAORDINARY CIRCUMSTANCES

Licensee / Cardholder agrees and understands the Property is a privately-owned property and pursuant to the RELEASE OF LIABILITY section of this agreement, PSVH is not liable for nor financially responsible for the cancellation of this rental agreement. PSVH strives to comply with all reservation requests for specific vacation rental properties. However, Licensee / Cardholder agrees and understands that there may be circumstances in which the Property might not be available during the timeframe in this agreement. Examples of these include, but are not limited to, destruction of or damage to the Property, changes in local occupancy regulations, the unexpected sale of the property by Property Owner, discontinuing the contract for property rental with PSVH, unforeseen mechanical problems or repairs which could make the property unsafe or unavailable, and so forth.

Consequently, PSVH cannot guarantee the use of the Property at any time. In the event the Property becomes unavailable, for whatever reason, PSVH endeavors to offer alternative arrangements to Licensee / Cardholder where possible at current market rates. If PSVH cannot offer alternative arrangements, or if the alternative arrangements are not acceptable to Licensee / Cardholder, at the sole discretion of PSVH a full or partial (pro-rated) refund of booking charges may be offered if PSVH determines extraordinary circumstances have arisen. Partial or full refund of booking charges, under exceptional circumstances, will be the full extent of PSVH liability to Licensee / Cardholder, and PSVH will not be responsible for any other costs connected with any such cancellation, howsoever arising.

 Waiver/Subsequent enforcement

The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

No NON-PARTY Beneficiary

None of the provisions of this Agreement are intended to nor shall be construed to, confer upon or to give any person, other than the parties hereto, or their heirs, successors or assigns, any rights or remedies under or by reason of this Agreement.

 Termination of Contract

PSVH has the right to terminate the Agreement for cause at any time, based upon PSVH's professional assessment. In the event of such termination by PSVH, all fees then payable to PSVH for services rendered and expenses incurred on Licensee / Cardholder behalf shall be promptly paid in full. PSVH will make no refunds of any fees or expenses of any kind or nature incurred by Licensee / Cardholder except as outlined in the Refund Policy.

 GOVERNING LAW, VENUE & TIME OF ESSENCE

This agreement and any addenda, or further terms essential to the performance of this Agreement, constitute a binding legal contract and must be construed as if both parties jointly wrote it, governed by the laws of the State of California. Time is of the essence. Any legal action arising out of or relating to this Agreement shall be filed in a court of competent jurisdiction in Riverside County, Indio, California.

 WAIVER OF JURY

The parties agree to waive all rights to a jury in any legal action between them arising out of or relating to this Agreement.

 ARBITRATION

If Licensee / Cardholder becomes dissatisfied for any reason with the Property or the fees charged, PSVH encourages the Licensee / Cardholder to bring that to our attention immediately. PSVH believes most problems can be rectified by communication and discussion. However, a claim or dispute could arise that cannot be resolved by negotiation, and both parties agree that such claims or disputes are most satisfactorily resolved through binding arbitration rather than by litigation in court. Therefore, any controversy between the parties under this Agreement and any claim arising out of or relating to this Agreement or its breach shall be submitted to binding arbitration in Riverside County, California before a retired judge or justice. If both parties are unable to agree on a retired judge or justice, each party will name a retired judge or justice and the two named persons will select a neutral judge or justice who will act as the sole arbitrator. The prevailing party in any arbitration or other court proceedings shall be awarded its reasonable costs and attorneys' fees incurred in connection with the dispute, up to an amount not to exceed $2,500.00. 

 PRIVACY AND SECURITY POLICY

PSVH recognizes the importance of personally identifiable information and provides Secured Sockets Layer (SSL) technology to secure the transfer of your information from your PC or Mobile Device to our servers. However, Licensee / Cardholder should not reveal their password to anyone. PSVH will not ask you in an unsolicited telephone call or email for your password. Also, Licensee / Cardholder should take reasonable precautions when using a computer that is not your own or in a public setting. While PSVH cannot guarantee the security of any information transmitted over the Internet, once we receive your information, we take steps to protect its safety, both internally and from outsiders, from loss, misuse, unauthorized access, disclosure, alteration and destruction, and to ensure the integrity of the data we collect.

PSVH DOES NOT SELL PERSONAL DATA. We respect and are committed to protecting your privacy. We may collect personally identifiable information when you visit our site. We also automatically receive and record information on our server logs from your browser including your IP address, cookie information and the page(s) you visited. We will not sell your personally identifiable information to anyone. Our website may contain links to third parties' websites. We're not responsible for the privacy practices or the content of those websites. Therefore, please carefully read any privacy policies on those links or websites before either agreeing to their terms or using those tools, services or websites.

PSVH's primary purpose in collecting personal data is to provide you with the services you request and those which we believe will optimize your use of our website. Licensee / Cardholder agrees that PSVH may use their data for the following purposes (unless or until a written Request to Opt Out is sent to PSVH):

  • For the services or to support your request (to contact you from time to time with user or service updates)
  • To send other messages that help us provide our services on our website
  • To assist people you have done (or have agreed to do) business with
  • To customize, measure, report on and improve our services, content, and advertising
  • To promote services related to our website
  • To compare information for accuracy
  • To prevent, investigate or prosecute activity we think may be potentially illegal, unlawful or harmful
  • To enforce our Privacy Policy and/or our Terms or any other purpose referenced herein or therein any third party you have asked us to share your data with (e.g., Facebook if you have asked us to connect with your Facebook account).
  • PSVH may disclose personal data under certain circumstances, including, but not limited to:
  • Enforcement of PSVH policies or where PSVH is permitted to do so by applicable law, such as in response to a request by law enforcement or governmental authority
  • In connection with actual or proposed litigation
  • To protect PSVH property, people and other rights or interests, or any legal or governmental entity according to a subpoena or other legal request
  • In the unlikely event PSVH is sold, or some of its assets transferred to a third party, your personal information, as a valuable asset, may also be transferred.

 ENTIRE AGREEMENT: Except as they may be supplemented by additional PSVH policies, guidelines, standards, or terms for a specific product, feature, service or offering agreement, this constitutes the complete agreement between PSVH and Licensee / Cardholder and sets forth the obligations of the parties to each other. Any oral agreements or representations respecting the Property not expressly set forth in this instrument are null and void. All prior negotiations between the parties are included in this agreement. This agreement may not be amended, modified, or changed, except in writing signed by both parties.

I have carefully read all of the Vacation Rental Agreement and know the contents of the Agreement which I sign as my own free act. This Agreement contains the entire Agreement between the parties to this Agreement, and the terms of this release are contractual and not a mere recital of words. I certify that I AM at least 25 years of age. For any legal disputes, parties agree to binding arbitration.