Guest Code of Conduct

The vacation rentals that we represent are typically second homes owned by individuals who also use them as a vacation home. These homeowners have made them available to share with responsible groups that will treat the home and neighborhood with respect. While many of our guests are on vacation, the full-time residents that live nearby are not. In order to maintain the highest quality of our homes and the peace and quiet of our neighborhoods, all occupants must adhere to the following terms and conditions. Thank you in advance for your understanding.

Identification and Use: The names and ages of all occupants and the proposed use of the property must be provided. The government issued identification and credit card used at the time of booking must be presented at check-in. The responsible adult must be 25 years of age or older (30 years of age for the city of Rancho Mirage).

Maximum Occupancy: You shall not exceed the number of allowed adults and children published on the property listing. House parties and/or gatherings are strictly prohibited and will result in immediate eviction with no refunds.

Noise (No Music): The city of Palm Springs and other desert resort cities have a 24hr/day noise ordinance that is strictly enforced. Guests must keep the volume of voices and sound to a reasonable level and bring conversations indoors after 9:00 PM and close windows and doors to keep any noise inside. Outside audible music, or music that can be heard from the property line, is strictly forbidden in this city. No music is allowed inside or outside this home. Guests will be responsible for following all city ordinances and for paying all fines issued by the city, compliance officers, and/or those issued by Poolside Vacation Rentals Inc.

Trash: All garbage items should be bagged, tied closed, and placed only in your vacation rental’s trash or recycle bin. Please contact Poolside Vacation Rentals Inc. if the bins are full.

Parking: Please do not exceed the designated amount of parking provided for the property. In the city of Palm Springs, one vehicle is allowed on the property per bedroom count. The city of Rancho Mirage, regardless of property size, allows a total of three vehicles. Palm Springs, Palm Desert, and Rancho Mirage do not allow street parking at any time. Please park your vehicle(s) in the driveway or inside the garage. Also, please always make sure that you do not block neighboring driveways, use other’s parking spots, and maintain access for emergency vehicles.

Breaking house rules or city violations that cause neighbor complaints and city fines will result in immediate eviction of all occupants with no refunds given.

The responsible adult (hereinafter referred to as Guest) agrees to read and abide by the terms of this agreement and ensure all other occupants abide by these terms as well. As consideration for the booking and use of the vacation rental property during the lease term, Guest agrees to make payment to Poolside Vacation Rentals Inc. (hereinafter referred to as Agency) for all items specified.

Guest must sign and return a separate E-sign agreement and submit government-issued identification to Agency upon booking. Additionally, all occupant ages and the proposed use of the property must be provided. The government-issued identification and credit card used at the time of booking must also be presented at check-in. Confirmed reservations may be declined solely at Agency or Owner’s discretion. The Guest must be 25 years of age for a booking located in the city of Palm Springs and other desert resort cities, with the exception of Rancho Mirage which requires the responsible signer to be 30 years of age or older.

This rental agreement includes a Zero Tolerance Policy including fines for noise disturbances, over occupancy, or house parties. NOISE OR CONTRACT VIOLATIONS THAT CAUSE NEIGHBOR COMPLAINTS WILL RESULT IN IMMEDIATE EVICTION OF ALL OCCUPANTS WITH NO REFUNDS GIVEN.

Even the best or newest home has equipment that may occasionally malfunction and cannot be guaranteed operational 100% of the time. Refunds will not be issued due to malfunctioning equipment or any other guest dissatisfaction. Our vacation rentals are in areas where there is a chance of utility work or nearby construction that has the potential to cause disturbances. We do not move/relocate guests or issue refunds due to construction noise or any other issue out of our control.

Please do not proceed with booking if you are not comfortable with these policies.

1. RESPONSIBLE PARTY: Guest is an adult at least 25 years of age (30 years of age for Rancho Mirage) and will be an occupant of property during the entire reserved period unless other arrangements are approved in writing by Agency. Upon request, Guest and all occupants` valid government-issued I.D. must be presented. Guest assumes responsibility for the actions of all occupants. No keys or entry code will be issued to anyone who is not an adult at least 25 years of age (30 years of age for Rancho Mirage). Any reservation found to be obtained under false pretense will be subject to forfeiture of all payments and deposits and the party will be required to vacate the property immediately.

2. CANCELLATION: Subject to Airbnb cancellation policies.

3. TERMINATION: Agency or its Agent have the right to inspect and photograph the condition of the premises without prior notice at any time to enforce the terms of this agreement. Should Guest or any occupants violate the terms of this agreement, Agency may impose fines up to three (3) times the rental amount and may terminate Guest’s occupancy with no refunds of rents or security deposits. Additionally, Guest shall waive all rights to due process for failure to vacate the premises upon termination. Guest is notified that all individuals occupying the unit will be subject to immediate eviction procedures under state law. Agency or its Agent may enter the premises and remove Guest, the members of Guest`s party, and their belongings. Noise disturbances or use of the unit for any unlawful purpose including, but not limited to, the possession, serving, or consumption of alcoholic beverages by persons less than 21 years of age, house parties or keg parties, movie or print photography, or use of common areas in a manner contrary to the provisions of this agreement, or the rules of the homeowner’s association, are prohibited.

IF NOISE COMPLAINTS, OVER OCCUPANCY, OR CONTRACT VIOLATIONS OCCUR, OR IF LAW ENFORCEMENT IS DISPATCHED TO PROPERTY DUE TO DISTURBANCES OR ILLEGAL ACTIVITY, GUEST AND ALL OCCUPANTS ARE SUBJECT TO IMMEDIATE EVICTION WITH NO REFUNDS GIVEN.

4. RENTS AND PAYMENT TERMS: Subject to Airbnb payment terms.

5. SECURITY DEPOSIT / VACATION RENTAL DAMAGE PROTECTION (VRDP): Subject to Airbnb damage policies.

6. RESERVATION TRANSFERS: Should Guest need to transfer the reservation to a substitute Guest, substitute Guest must be approved by Agency and agree to all current terms and conditions. A $150 transfer processing fee shall be applied to the reservation.

7. CHECK IN: Check-in time is 3:00 PM. Early check-in is allowed only with prior written approval. Keys or entry code will be provided once all fees and charges have been collected. If for some reason the home is not ready for check-in, you will be notified. Please do not attempt to check-in or visit the home prior to notification that the home has been cleared for check-in. Please notify Agency upon arrival so that we may ensure that the Property is to your satisfaction.

8. CHECK OUT: Check out time is 10:00 AM. Check-out time is strictly enforced. PRIOR WRITTEN APPROVAL IS REQUIRED from Agency for late check-out. Cleaning and maintenance are pre-scheduled, so adhering to the check-out time is very important. A minimum $75/hour fee will be charged for each hour (or portion thereof) past the required check-out time and Guest will be liable for any additional damages incurred, not limited to the cost of supplying alternative accommodations for the next arriving guests.

9. CLEANING PROCEDURES AT CHECK-OUT: Each property will be inspected, sanitized, and cleaned prior to your arrival and after your departure. Guest should leave the property in the same general condition that they found the home at check-in, meaning:

a) Any debris, rubbish, and discards removed from the home b) Cooking messes cleaned up and dishwasher started c) Furniture (or items that have been rearranged) replaced, both inside and outside the home d) All remote controls left in plain sight e) Used towels placed in bathtub or shower f) Refrigerator left free of perishable food g) Lights, heater, air conditioner, fans, appliances, etc turned off h) All doors and windows closed and locked i) If so equipped, keys, garage openers, and parking passes left on the kitchen counter j) If so equipped, keys returned to the lock-box

The cleaning fee is for a standard cleaning only. If the home was left in poor condition and additional cleaning is required, fees will be charged to Guest’s credit card on file at a minimum rate of $50 per hour. A $25 per item fee will be charged for each lost key and $75 for each garage door opener and remote control that is damaged or not left at the property upon check-out.

10. OCCUPANCY: Guest understands and agrees that property shall be occupied by no more than the number of individuals (including children and infants) indicated on the website listing. A minimum charge of $1000 per day per person may be imposed for excess occupancy.

11. AMENITIES: The property is fully furnished, and includes ready-made beds, one set of bath towels per guest, and an equipped kitchen. Furnishings and amenities are not new and may exhibit some sign of wear and tear. Amenities and furnishings are subject to change and may or may not be the exact same as represented due to replacement, substitution, or other reasons. Agency provides a starter kit of soaps, dish detergent, laundry soap, shampoo, toilet paper, paper towels, and other dispensable items. Since a limited supply is provided, Guest should plan to shop to replenish these items if necessary. Agency assumes no responsibility for the quality or contents of any food products left on the premises and Guest use and/or consumption of same is not recommended and shall be at Guest`s own risk. Towels and linens are not to be taken from the property. Any damages that include, but are not limited to, tears, rips, or stains on any towel or linen will be charged accordingly. In addition, if items are taken from the property, Agency will replace said item at the Guest’s expense.

12. TELEPHONES: Telephones are not customarily provided. Some units are in areas with poor cell phone coverage. Please verify with Agency if a landline is necessary or if you are concerned with cell phone signal strength.

13. DISTURBANCES: Guest and their guests shall behave in a civilized manner and shall be good neighbors, respecting the rights of the surrounding neighbors, and shall not create noise or disturbances that interfere with the quiet enjoyment of their property. Outdoor noise, or noise carrying outside from inside the home, should be kept to a minimum regardless of the hour and in compliance with the local Noise Ordinance.

14. GUESTS NOTIFICATION RESPONSIBILITIES: Guest shall call or email Agency upon arrival to property to confirm arrival. Upon arrival, Guest agrees to examine the unit, all furniture, furnishings, appliances, fixtures, and landscaping (if any) and shall immediately report to Agency if any are not in good operating condition or in disrepair. Guest also agrees to immediately notify Agency of any occurrences that may cause damage to property or adjacent units and to take reasonable measures to mitigate damage and be responsible for damages for failure to do so. Guest acknowledges that unless Agency is notified on the day of check-in of any damage or cleaning concerns, Guest will be liable. Any and all damages, breakage, lost, or missing items on the property during the occupancy will be Guests responsibility and must be reported to Agency and paid prior to departure.

15. MULTIPLE HOME RENTALS: Should Guest or acquaintance of Guest rent another property in proximity to unit, no items shall be moved from home to home. The majority of occupants from two or more rentals shall not spend the bulk of their rental time at one house other than the house in which they are sleeping (violation of the occupancy rules). Having too many guests in one house creates extra wear and tear, risk of sewer problems, and potential noise complaints.

16. GARBAGE: Guest shall dispose of all waste material generated during the rental period in a lawful manner and put the trash in the exterior trash bins provided for pickup. Guest is cautioned not to leave unsealed trash inside or outside for long periods of time to avoid pests.

17. SUBLEASING: Guest shall not sublet the property.

18. SMOKING: No smoking is allowed inside the premises. If smoking does occur inside the premises, Guest will immediately be assessed a $750 fine and may be evicted. Guest is financially responsible for smoke remediation and all damage caused by the smoking including, but not limited to, stains, burns, and removal and/or replacement of damaged property.

19. PETS: Pets are prohibited unless agreed to in advance by Agency. Many of our units are pet-friendly with advance notice and a paid Pet Fee. Please ensure that you book at pet-friendly home if you will be bringing pets. If an unauthorized pet is found on the premises, Guest will immediately be assessed a $500 fine and the pet may be evicted. Guest is responsible to remedy any and all pet damages and the cost of remediation, including pet allergen remediation, flea remediation, and reimbursement to Agency for any refunds necessary to relocate or compensate for the relocation of future guests until remediation is completed.

20. TRANSIENT OCCUPANCY: Guest expressly acknowledges and agrees that this agreement is for transient occupancy of the property, and that Guest does not intend to make the property a residence or household.

21. OWNERS PROPERTY: Guest agrees not to access any locked storage areas or areas not expressly meant for guests, even if unlocked, which contain owner’s or Agency’s property and may contain cleaning supplies and/or items that could be hazardous to children and adults.

22. FIRE EXTINGUISHER: The property is equipped with a minimum of one (1) fire extinguisher. It is the duty of the Guest to locate fire extinguisher, notify all other occupants and guests of the location, and inform management immediately should the fire extinguisher be missing, or become less than fully charged.

23. SMOKE DETECTORS / CARBON MONOXIDE DETECTOR: The property has smoke detectors and a carbon monoxide detector installed and they are believed to function properly at the time of each rental. Guest will notify Agency without delay if detectors are missing, uninstalled, "chirp," or have a low battery condition.

24. PARKING: Guest is advised that in many residential neighborhoods, parking is limited. Guest is advised to ask about parking accommodations if parking is needed. No refunds will be given if vehicles do not fit in designated spaces. Please verify the dimensions of spaces and vehicles.

25. SECURITY: Guest shall see to their own security and to the property security by locking doors, windows, garage doors, etc. when prudent to do so, and always when all guests are absent or the property is vacated. No compensation or consideration will be made for items left unsecured, or if property is broken into and guest possessions are stolen. Guest is responsible for all of their own personal possessions at all times while renting said property.

26. NEW LOCKS OR ALTERATIONS: Guest shall not make or permit to be made any alterations to the premises or change or add any locks without the prior consent of Agency.

27. LOST ITEMS: Agency shall bear no responsibility for lost, stolen, or abandoned items. Every reasonable effort will be made to contact the Guest for an item’s return. There will be a minimum $25 handling charge (plus shipping costs) for any found items returned at Guest`s request. Agency shall not be held liable for the condition of said items. Any items not claimed for longer than 30 days may be donated or sold.

28. TV / CABLE / INTERNET / SATELLITE: Services are provided as a convenience only and are not integral to this agreement. No refund of rents shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences regarding to service.

29. AIR CONDITIONING / HEATING: Guest agrees that air conditioning shall not be set below 74 degrees and heat shall not be set above 80 degrees, and that the fan shall be on the "Auto" setting. Doors and windows shall be closed when either heat or air conditioning is in operation. There are no refunds for lack of or malfunctioning HVAC units.

30. POOL AND SPA: Pool heating is an additional fee and must be paid for prior to use. Guest agrees not to tamper with pool heat controls or manipulate heater in any way. Pool heat shall not exceed 86 degrees. Guest understands that the area surrounding the pool and spa may not be fenced, or guaranteed to be secure, and Guest will be responsible to ensure supervision of any occupants that may be endangered (see Section 36). Guest also understands and agrees to be responsible and liable and will pay Agency upon request for any damages that occur to the pool and spa and the support equipment through misuse and/or negligence.

31. CHARGING ELECTRIC VEHICLES: Utilizing electrical outlets to charge vehicles is prohibited without preapproval in writing. Guest will assume any and all liability and be subject to additional fees in this event.

32. SYSTEMS / FURNISHING / AMENITY FAILURES: In the event the rental unit sustains a failure of a system, including but not limited to water, sewer, septic, electrical, air-conditioning, gas, plumbing, mechanical, appliances, heat pump, ventilation, pool, hot tub or other system or structural systems, furnishings or amenities, Agency will make every reasonable effort to repair or replace the failed system or equipment, and in such event, Guest agrees to permit Agency or its Service Provider to have reasonable access to the property to inspect and make such repairs. Neither the Property Owner nor the Agency shall be liable to Guest for damages, and no credits or refunds will be given for such failures.

33. NOISE AND NOISE TRANSMISSION: Guest is aware that the property is located in a tourist destination city and it is therefore subject to noise from nearby residences, businesses, traffic, aircraft, or construction. If unit has common walls, ceilings, or floors, noise may travel between and cause disturbance to Guest from other residences.

34. OTHER OCCURRENCES: Agency does not accept liability for any loss or damage caused by, but not limited to the following: weather conditions, natural disasters, pests, construction disturbances, acts of God, pandemics, emergency orders, or other reasons beyond their control. Guest understands there shall be no refunds of rents because of shortened stays, ruined expectations, or departures due to work and family emergencies, unavailability of any or all parts of the property, or any other reasons. It is highly recommended that Guest considers the purchase of travel insurance.

35. SALE / LEASE OF PROPERTY: If a property is actively listed for sale or lease, Agency may notify guest to schedule and show property.

36. WAIVER OF LIABILITY: If so equipped, it is the Guest`s responsibility to learn about safety precautions concerning using or being around a special feature. Examples of a special feature include a spa, hot tub, swimming pool, sauna, pond, deck, railing, bunk bed, bike, golf cart, an area accessible by ladder, etc. Guest understands that the area surrounding a special feature may or may not be fenced and even if so equipped, is not to be considered secure. Guest understands there are special risks that may be involved for everyone, children in particular who are not carefully supervised, person(s) intoxicated or on any kind of drugs or medication, and those with health risk or pregnant. Guest agrees to explain the risks of the presence and use of a special feature to all guests at the property. Guest agrees to instruct all guests on premises not to access any off-limit or unsafe sections of the property, including roof-tops. Guest agrees to assume responsibility to make all occupants aware of risks and the consequences of those risks and to be fully and solely responsible for any accidents that may occur. Guest agrees to waive any claim whatsoever against Property Owner or Agency for injuries or claims.

37. RESERVATIONS ARE NOT FULLY GUARANTEED: If for any reason the Property is not available or becomes unavailable or uninhabitable for the reservation dates, every effort will be made to locate substitute accommodations. If the substituted property rents for more during the same period, or remaining period respectively, Guest will have the option to pay any additional charges or cancel the reservation within 72 hours of notification of Guest by Agency. However, if the substituted property rents for less for the same period, the difference will be refunded to Guest. In any event, the sole remedy for any perceived damages, liability, or inconvenience is a full refund of the rental amount upon Guest cancellation. It is highly recommended that Guest considers the purchase of travel insurance.

38. AGENCY: It is mutually understood and agreed that Agency is acting as Agent only for the Property Owner and has no liability to either party for the performance of any terms, the premises, or covenant of this agreement. Furthermore, Guest understands Agency is being compensated in this transaction by the Property Owner and is contractually obligated to protect the interest of same. Agency hereby discloses to Guest that should Guest elect to purchase travel insurance protection or damage insurance through Agency, Agency may be compensated by provider(s) for participation in the transaction.

39. HOLD HARMLESS: The Guest and all occupants shall hereby indemnify and hold harmless the Agency, Affiliates, Agency Owners, Employees, and Property Owner against any and all claims of personal injury, property damage, or loss arising from the use of the premises regardless of the nature of the accident, injury, or loss. Guests also expressly recognize that any insurance for property damage or loss which the Agency or Property Owner may maintain on the property does not cover the personal property of Guests, and that Guests should purchase their own insurance if such coverage is desired.

40. ADDITIONAL TERMS AND CONDITIONS: The undersigned, for Himself/Herself, his/her Heirs, Assignors, Executors, and Administrators, fully releases and discharges Agency and Property Owner from any and all claims, demands, and causes of action by reason of any injury of whatever nature which may have occurred to the undersigned, or any of his/her occupants or guests as a result of, or in connection with the occupancy of the premises and agrees to hold Agency and Property Owner free and harmless of any claim or suit arising therefrom. In any action concerning the rights, duties, or liabilities of the parties to this agreement, their Principals, Agents, Successors or Assignees, the prevailing party shall be entitled to recover reasonable attorney fees and costs.

41. WAIVER OF CLAIMS AND ASSUMPTION OF RISK - RELEASE OF LIABILITY: Guest is aware that staying at the property involves risks that may result in serious bodily injury, sickness, and/or death. Some of the risks include, but are not limited to drowning, slips, trips, falls, cuts, adverse weather conditions, the acts or omissions of guests or visitors on the property during your stay, and the condition of the property. Guest understands that the description of the risks in this Release of Liability, Waiver of Claims, and Assumption of Risk (“Terms and Conditions”) is not complete and that other risks or events that are known or unknown, anticipated or unanticipated, may result in serious bodily injury and or/death. In consideration of being permitted to rent and stay at the property, you agree on your own behalf, and on behalf of your family, guests and on behalf of your children and all minors in your care, custody, or control (hereafter also included in “I” or “my”) to assume full responsibility for the risks identified herein and those risks not specifically identified. I hereby release from liability and waive any and all claims that I have or may have in the future against Poolside Vacation Rentals Inc. and its Members, Principals, Agents, Officers, Employees, and Representatives (collectively “Releasees”) as well as the Property Owner. Guest agrees to assume all risk and take full responsibility and waive any claims of personal injury including sickness related to Covid-19, death, or damage to personal property associated with activities and events during or related to the stay in the subject property.

42. NO REFUNDS NO CREDITS: It is understood that in renting a private vacation home or condo, there are many situations that are beyond the control of the Agent or Owner, and credits or discounts will not be granted for such. Examples that are not guaranteed nor warranted and will not warrant any refund or credit of rental monies include, but are not limited to: failure of systems (AC/heat, pool and spa equipment/heater, appliances, electronics), cable TV not working, the home`s systems or mechanical malfunctions, plumbing issues, internet issues, a home not decorated or accommodated to your tastes or expectations, bad weather, condition of landscaping, a neighborhood disturbance/noise. In the event of a mechanical malfunction or inconvenience, repairs will be accomplished as soon as possible, taking into consideration availability of Vendor, parts availability, and nature of repair. However, it is understood that no refund or credits will be granted.

43. WRITTEN EXCEPTIONS: Any exceptions to the above-mentioned policies must be approved in writing by Agency in advance.

44. DISPUTES: Any disputes under this agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any action relating to this agreement shall be filed only in the Riverside County court in California (the county in which the property is located). Both parties consent to the exclusive venue and jurisdiction of such court. Guest agrees to pay all reasonable costs, attorney`s fees, and expenses that shall be made or incurred by Agency enforcing this agreement.

45. ACCEPTANCE OF TERMS AND CONDITIONS: Facsimile signatures are deemed original signatures and approving online terms and conditions constitute approval of these terms and conditions.

46. CREDIT CARD AUTHORIZATION: Subject to Airbnb payment policies.

47. ELECTRONIC CONSENT: Guest is consenting to the use of an electronic signature in lieu of an original signature on paper and is obligated to all financial and all other provisions of the Terms and Conditions. Guest may request to sign a paper copy instead. After consent, Guest may, upon written request to Agency, obtain a paper copy of the electronic record at no charge. Guest agrees that the use of an electronic signature for any documents will continue until such time as Guest notifies Agency otherwise in writing. There is no penalty for Guest withdrawing this consent. Guest should always ensure that Agency has a current email address on file in order to contact Guest regarding any changes, if necessary.