Peach Residence Rental Agreement
All short term rental properties (28 days or less) are subject to the Palm Springs ordinance no 1918. This is a binding agreement between Rasmus Blaesbjerg (hereinafter referred to as “Peach Residence”) located at 2233 E Smokewood Ave, Palm Springs, CA 92264, and any individual who confirms a reservation booking for a short-term vacation rental (hereinafter referred to as “Tenant”):
1) CHECK-IN TIME IS AFTER 4 P.M. PST AND CHECK-OUT IS 11 A.M. PST.
No early check-in or late check out unless approved by owners in writing.
2) This is a NON SMOKING home.
Any evidence of smoking inside the home will result in a loss of security deposit, AND charges for additional cleaning and disinfecting of the property. Smoking is permitted outside only and with the doors closed.
3) Animals ARE NOT PERMITTED IN BEDS Or FURNITURE
Any evidence of animals or pets in the furniture will result in a loss of security deposit, AND charges for additional cleaning and disinfecting of the property.
4) AGE & OCCUPANCY
Tenant(s) warrant that Tenant(s) are at least 25 years of age and that Tenant(s) will be residing in the home during the entire rental period. Maximum occupancy in the home AT ANY TIME is 8 people. Tenant(s) understand that the owner(s) and/or property manager(s) reserve the right to have an agent go to the home to verify that Tenant is at least the age of 25 years old and is present. Tenant(s) are welcome to have their children stay with them in the home within occupancy limits. If it is discovered that the tenant is not 25 years of age or is not actually staying at the property, or there are more guests than the maximum occupancy allows, this agreement is subject to immediate termination, the Tenant(s) and their guest(s) right of occupancy is immediately terminated with no refund of any monies paid including the security deposit.
5) RESERVATION/DAMAGE DEPOSIT
A damage deposit of $500 will be required on all reservations. No charges will be made or money accepted unless the box is checked indicating that Tenant has accepted the Terms and Conditions on the final page of the MyVR checkout portal on the website (www.villa-mint.com). The deposit is collected with the last payment, and is fully refundable within (14) days of departure, provided the following provisions are met:
a) No damage is done to the home or its contents.
b) Capacity of the home is not exceeded at any time. No additional overnight guests are permitted without prior approval from owner.
c) No charges are incurred due to contraband, pets, false alarms on the alarm system, or collection of rents or services rendered during the stay.
d) No illegal activities occur in the home, and/or on the premises by any of the guests staying in the home.
e) No rule violations occur that result in fines or evictions.
f) All debris, rubbish and discards are removed from the home (trash pickup is located in the parking area) and dirty dishes are placed in the dishwasher and started before departing.
g) No excessive cleaning is required for stains, spills or grease.
h) The home is securely locked upon departure.
i) No linens or towels are lost or damaged. Linens and towels must on the property at all times.
j) NO Early check-in or late check-out unless coordinated.
k) Neither the tenant(s) nor their guest(s) are evicted by the owner (or representative of the owner), the local law enforcement, or the property manager employed by Peach Residence.
l) There are no other violations of this agreement.
When booking directly through the website, a 50% rental deposit is required to hold a reservation. This is not a security deposit. The BALANCE OF RENT is due no later than thirty (30) days before your arrival (60 days prior for monthly rentals) along with the security deposit.
b) Payments are made by eCheck or credit card. When paying by credit card or eCheck, the payment information will be kept on file and charges will automatically be billed on or around the installment dates shown on the invoice.
c) Reservations made within 10 days of check-in, or made online with a listing site require payment by credit card.
d) Returned, rejected, or declined payments are subject to a $50 fee, AND immediate cancellation of this agreement at the owner’s sole discretion. If the agreement is cancelled due to non-payment, there will be no refunds.
Please note that this is not a hotel, but a small, family owned vacation home, and we cannot easily write off lost income from cancelations, as do large hotels. Once you have reserved the home it is taken off the availability calendar and all inquiries for that period are turned away. As a result, all payments made, including the rental deposit, are non-refundable. If you are concerned about the possibility of a last-minute cancellation, we strongly suggest that you obtain trip cancellation/interruption insurance. We do not refund for inclement weather, hurricane, any acts of Mother Nature, illness, or death in the family. We do not refund for early departure or late arrival. Trip insurance is recommended in the event a cancellation is necessary. Please refer to #21 for Travel Insurance.
8) INCLUSIVE FEES
Rates include a one-time linen-towel setup. There will be one bath towel and one washcloth per person. If you will need additional linens, arrangements must be made in advance. Laundry facilities are provided, but you will need to provide consumable supplies.
9) NO DAILY MAID SERVICE
While linens and bath towels are included in the home, daily maid service is not included in the rental rate but is available at an additional charge. If additional cleaning services are desired, please coordinate that with the owner in advance. We suggest you bring beach towels. We do not permit our towels or linens to be taken from the property.
10) COOKTOP & OVENS
This property is equipped with a gas range and two ovens. If the cooktop or ovens has not been thoroughly cleaned upon your departure, a $45 cleaning fee will be charged to your deposit or the credit card on file.
11) NO PARTIES OR COMMERCIAL USE
Any parties or noise complaints reported to the Palm Springs Police by a neighbor will result in an immediate eviction and full loss of payment and security deposit. All commercial uses of the property, including filming, business meetings, sales, or otherwise are expressly prohibited unless prior written authorization is received from Peach Residence owner.
12) POOL HEATING
Both are out of your control. If you have purchased heating for the pool ($50/day), then the setting will be pre-programmed to have the pool heated at 85 degree. Pool heating can be added to your entire stay only- not individual days. 80% of people consider 85 degrees to be a heated pool, but what is considered hot is of course subjective and very individual. Should 85 not feel warm enough for you then we can increase the temperature to 91 for a fee of $25/night
13) SWIMMING POOL WAIVER
At no time is there a lifeguard on duty, you (the renter) are responsible for the safe operation of the pool and are responsible for all persons using the pool during your stay. My use of the pool facilities during my stay involves certain risks, including but not limited to:
1. The risk of injury resulting from possible malfunction of the pool equipment;
2. The risk of injuries resulting from tripping or falling over obstacles in the pool area;
3. The risk of injuries resulting from unsupervised divers and swimmers colliding;
4. The risk of other injuries resulting from participating in any action in the pool.
I recognize and fully understand that the above list is not a complete or exhaustive list of all possible risks; the list only provides examples of types of risks that I am assuming. In exchange for the Owner allowing me to utilize the pool and area during my stay, I hereby agree to the conditions below. I fully intend and choose to give up the legal rights, as stated below:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against the Owner, employees, agents, or representatives (hereinafter referred to as the “Releasees”) relating to my use of the pool and pool area;
2. TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury, expense, or other cost that I may suffer or that my next of kin may suffer in connection with my use of the Releasees pool or pool area to any cause whatsoever, INCLUDING NEGLIGENCE ON THE PART OF THE RELEASEES;
3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability to property, or personal injury to, any third party, resulting from the use of the pool or pool area
4. That I am over the age of 18 and that I am responsible and will adhere to all the rules of the property;
5. That this Waiver, Release, and Agreement is fully effective and shall be effective and binding upon me, and my heirs, next of kin, executors or anyone else authorized to act on my behalf or on behalf of my estate.
14) CONSUMABLE PRODUCTS
Upon arrival, the home will have one roll of toilet paper in each bath and one roll of paper towel in the kitchen. There will also be one single use of dishwasher soap to be used upon departure. Additional arrival additional amenities may be provided but are not guaranteed. Any additional consumables needed during the stay are the responsibility of the guest.
15) NOISE and REFUSE
Noise should be kept to a level as not to disturb neighbors. Trash must be emptied into the large trashcans located in the parking area. Trash pick-up is scheduled for twice a week.
16) RATE CHANGES
Rates subject to change without notice until the reservation has been confirmed with a reservation deposit AND terms accepted.
17) FALSIFIED RESERVATIONS
Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check-in. If discovered after check-in, all monies are forfeit and all guests will be immediately evicted.
18) WRITTEN EXCEPTIONS
Any exceptions to these policies must be approved in writing.
Parking is provided. All vehicles must be parked on the property. Any illegally parked cars are subject to towing; applicable fines and towing fees are the sole responsibility of the vehicle owner. It is the tenant’s (and their guests’) responsibility to secure their valuables inside the home or their car. The owners will not be held responsible for lost or stolen personal property.
20) HURRICANE OR STORM POLICY
No refunds will be given. Please refer to item #7.
Just as might occur at your own well maintained home, mechanical failures and other breakdowns could occur. During your stay, promptly report all maintenance items and we will respond to them as soon as possible. Refunds are not made for inclement weather, lack of public utilities, the unavailability of private amenities, mechanical failures, malfunctioning equipment, or any other maintenance incidents. These amenities are extras provided in addition to the home rental. Should any equipment malfunction, we will make every effort to have it repaired as soon as possible. Although all attempts will be made to correct the situation, some breakdowns cannot be prevented/repaired during occupancy.
The continued growth of our area is evidenced by new construction that may be adjacent to or near this vacation rental property. You may reserve a property at a time when no construction is nearby, but construction could begin prior to your arrival. We regret any inconvenience but cannot control these situations. Refunds or relocations cannot be considered.
23) TRAVEL INSURANCE
We highly recommend you purchase travel insurance. If you wish to purchase travel insurance, there are many companies that offer it, including: VacationProtection.com, csaTravelProtections.com, InsureMyTrip.com, TravelGuard.com, TravelProtect.com. Many additional carriers may be found on the Internet by searching for “trip insurance”. A link may be provided upon request.
All rental properties are privately owned and Peach Residencehas a contractual relationship with property owners who employ us to act as their agents. We treat all parties (owners and guests) honestly, fairly and in good faith. We also reserve the right to refuse rental, or to discontinue occupancy if, in our judgment, your occupancy is detrimental to the property. We reserve the right to enter the premises at any time for the purpose of inspection, repair, maintenance, or showing to a prospective buyer or renter. Property may not be used for any unlawful purpose. By renting a property you are assuming all risk of and liability for any damage done to people or property, employees or visitors occasioned by the present or future condition of the premises both latent and manifest.
In the event damages occur during your occupancy, you agree to authorize Peach Residence to charge the cost of such damages to the credit card on file. You also agree to be responsible for and reimburse Peach Residence and the property owner for any applicable costs and attorney’s fees incurred for collection of damages. Neither Peach Residence nor the owner will be responsible for accidents or injury to guests or loss of valuables of any kind due to acts of theft or vandalism. The guest shall not assign this agreement or sublet the property in whole or in part.
Tenant(s) agree to indemnify and save Peach Residence, the property owner, and employees, free and harmless for any liabilities, or any loss or damage, whatsoever arising from, related to, or in connection with rental of the premises including, but not limited to, any claim or liability for personal injury or damage or loss of property which is made, incurred, or sustained by tenant(s) or guests of Tenant(s).
26) DISPUTE RESOLUTION
It is agreed that this is a legally binding rental agreement made in Palm Springs, CA and its terms may be enforced either in Palm Springs, CA or in another location at the sole discretion of owner. Should it be necessary for Peach Residence to pursue legal action against the tenant, the tenant will be responsible for any and all attorney and court costs. It is also agreed that under no circumstances will the liability of the owner exceed the full amount of the Agreement. If damages caused by the tenant exceed the security deposit, tenant is legally bound to remit additional payment to fully compensate owner.
By checking the box DURING THE BOOKING “I agree to the terms and conditions of this rental” on the website’s check-out page, I hereby affirm that I have received a quote invoice and give permission to charge my credit card or bank account for the amounts stated in the invoice. I agree that all deposit and rental monies are non-refundable per cancellation policy above. I have read my rights and responsibility to purchase travel insurance if desired. I agree to all terms and conditions of this agreement. Furthermore, my confirming this reservation also constitutes release of liability by all occupants.