Palms at Park Rental Agreement
YOUR PAYMENT IS NON-REFUNDABLE. Your credit card will be charged for the cost of this Reservation plus any applicable additional charges described in this Agreement. All charges are non-refundable.
SHORT TERM RENTAL AGREEMENT
This Agreement is a binding legal contract and it is agreed that it must be construed as if You and Park Drive Ventures, LLC ("PDV") jointly wrote it. Your electronic acceptance of this Agreement, signature, payment of money or taking possession of the property after receipt of this Agreement is evidence of your acceptance of the Agreement and your intent to use this property for a vacation rental. Time is of the essence in all provisions of this Agreement. You as the Responsible Party acknowledge and agree that You are legally responsible for payment as well as compliance of all occupants, guests or licensees with all of the terms and conditions of this Agreement.
ENTIRE AGREEMENT: All prior agreements between You and PDV (the "Parties") are incorporated into this Agreement, along with any addendums and attachments, which constitutes the entire contract. 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.
SEVERABILITY: Any provision of this Agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this Agreement. The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach.
GOVERNING LAW: This Agreement shall be governed and construed in accordance with the laws of the State of California. This Agreement 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 subject property (the "Property") is located. The parties agree to waive any and all right to a jury in any legal action between them arising out of or relating to this Agreement.
INDEMNITY AND HOLD HARMLESS: You, for Yourself, Your heirs, assignors, executors and administrators, fully release and discharge PDV and the Owner of the subject property ("Owner") and agree to indemnify, defend and hold harmless, PDV, PDV Representatives and Owner, from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage, theft or injury to You, other occupants, guests or licensees, or their personal property, arising out of or in connection with Your use and occupancy of the Premises, which is made, incurred or sustained by You, other occupants, guests or licensees.
ATTORNEYS FEES: The prevailing Party in any action between the parties, including arbitration proceedings, arising out of or relating to this Agreement shall be entitled to recover his reasonable attorneys fees and costs, up to an amount not to exceed $2,500.00 (Two Thousand Five Hundred United States Dollars).
INSURANCE: We are not responsible for personal items lost, stolen or left behind. Occupant's or guests' personal property, including vehicles are not insured by PDV, Owner, home owner's association, or PDV's agents against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others or any other cause. PDV, home owners, home owner's association, or PDV's agents, does not insure against personal injury to Occupant, occupants, guests, or licensees, due to any cause or reason.
VIOLATIONS: You understand that any violation of the terms of this Agreement may result in additional charges to Your credit card, forfeiture of Your deposit, forfeiture of all monies paid and/or eviction from the property prior to the end of the rental term. You authorize PDV to make such additional charges to your credit card at PDV's sole discretion. You understand that, in addition to the charges and penalties outlined in this Agreement, the City of Palm Springs may issue fines and/or citations for Palm Springs Municipal Code violations. You understand that You are a short term guest and if Owner or Owner's representative requests that You vacate the property, You shall immediately leave along with Your group.
TO CONFIRM RESERVATIONS
This reservation is not confirmed until payment, a signed copy of this Agreement and a copy of Your driver's license or passport are received by PDV.
CANCELLATION POLICY
This Reservation is non-refundable and not changeable. We strongly advise that you purchase Travel Insurance to protect your investment.
If You cancel this Reservation sixty (60) days or more before 3PM Pacific Time on the Check In date, you agree to pay 50% of the Reservation Cost including taxes.
If You cancel this Reservation after 3PM Pacific Time sixty (60) days before the Check In date, you agree to pay 100% of the Reservation Cost including taxes.
All payments are non-refundable. No refunds will be given for no-shows. No credits for future stays shall be issued. No credits shall be given for re-rented days. Any existing Property Credit(s) used toward this Reservation shall have no value and shall not be reissued if this Reservation is cancelled.
No exceptions will be made to this Cancellation Policy under any circumstances, including but not limited to Covid or health issues, event changes or cancellations, or circumstances which may impede or prevent your ability to travel to the property.
OUTDOOR MUSIC PROHIBITED - OUTDOOR NOISE LIMITED - QUIET HOURS - NO VISITORS - GOOD NEIGHBOR POLICY - ENFORCEMENT
NO OUTDOOR MUSIC ANY TIME, EVEN FROM A PHONE
According to Palm Springs law (which applies to all Vacation Rentals in Palm Springs) YOU MAY NOT PLAY MUSIC THAT IS AUDIBLE OUTSIDE at any volume, at any time of the day or night, from any device, including a phone. If music is played inside the house, all doors must remain closed.
NO ONE MAY BE OUTSIDE AFTER 10PM
In addition to music being prohibited at all times, Palm Springs law prohibits outdoor sound during citywide quiet hours from 10PM until 8AM. NO ONE MAY BE OUTSIDE AFTER 10PM except to silently enter or exit the property.
DAYTIME NOISE LIMITED
Between 8AM and 10PM, outdoor noise must be limited to 50 decibels at the property line by law. Note that activities NOT considered violations of Palm Springs law generally include children laughing and playing outside, ambient talking and laughter and splashing and swimming noises.
MAXIMUM OCCUPANCY STRICTLY ENFORCED - NO VISITORS
You agree to honor the occupancy limits listed in the Reservation Information section of this Agreement at all times. This includes all adults, children and infants. VISITORS ARE PROHIBITED. Only registered overnight occupants are allowed on the property.
GOOD NEIGHBOR POLICY
You agree to be respectful of neighbors. You acknowledge that any activity that interferes with the quiet enjoyment of neighbors, traffic flow, the community, and/or residents is strictly prohibited. You and Your guests will maintain the home in good order and appearance at all times and will not disturb, annoy, endanger or inconvenience neighbors or prompt written or verbal complaints from police, neighbors, neighborhood associations or homeowner associations.
PALM SPRINGS STATEMENT OF RULES & REGULATIONS
As required by Palm Springs law, You agree to have all occupants sign the Palm Springs Statement of Rules & Regulations form and to return this form to PDV (texting a photo is sufficinet) no later than the evening of your Check In date.
ENFORCEMENT
This property has outdoor noise detectors. If noise exceeds allowable levels, We will be immediately alerted. If these rules are violated, We may enter the property and You may be immediately evicted and/or charged up to $5000.
ENTRY
PDV, and Owner and their representatives have the right to enter the property at any time. Generally, access is required (i) for the purpose of making necessary repairs, to supply necessary or agreed services; (ii) to verify that the You have complied with the terms of this Agreement or to investigate disturbances, check occupancy, evict occupants or check for damages; or (iii) in case of emergency.
Third party service providers will enter the property to perform gardening, trash bin collection and pool service. You agree not to impede or reschedule these services without PDV's prior written permission.
NO MORE THAN 5 CARS
You agree that no more than five (5) vehicles shall be present at the property, on or off the street, at any time, including any service providers' vehicles.
KEEP GATES CLOSED
You agree to close the auto gate whenever not in use for Your security and privacy and the security of the home.
NO TRASH IN PUBLIC VIEW
You agree to ensure that no trash or trash bins are left or stored outside of the walls of the property or in public view. A trash collection service will remove and replace the outdoor trash bins when needed.
NO SMOKING
Smoking is not allowed anywhere on the Property. If evidence of smoking is found, a charge of $2500 shall apply.
NO ANIMALS
For health and safety reasons, animals of any kind are prohibited unless you have received prior written authorization from PDV. If an animal is authorized, You assume full responsibility for such animal, the safety of the animal, the safety of all occupants, guests, licensees and the animal itself. If an animal is brought without permission a charge of $2500 shall apply.
NO COMMERCIAL PHOTOGRAPHY, EVENTS, DELIVERIES, LARGE VEHICLES
Commercial photography, filming, shoots or events, parties, gatherings or receptions, rental furniture, lighting, props, generators, power tools, building or assembly of any furniture, or other items of any kind, any deliveries except for food, packages and baby rental items, busses, bus pickups, bus drop-offs and vehicles larger than a Chevy Suburban are prohibited without prior written authorization from PDV.
POOL SAFETY
You are responsible for pool safety for you and your children and your guests/invitees. You acknowledge that the safety of yourself, your guests, children or animals depends on You. The pool is not fenced or gated and there is no alarm on any door to pool area. Your attentive personal supervision is absolutely required to avoid risk of serious injury and/or death. Pools and spas are serious safety risks & hazards - including injury or death - if not used with attentive care & caution. By signing this Agreement, You are aware of and assume the risk for Yourself, your party and for any guests or invitees during your lease. We are not responsible for accidents. You agree to indemnify and hold harmless from any and all liability (active or passive) PDV, its owners, management or employees and Owner from any harm or injury caused by using the pool and/or spa and equipment - or the Property leased by this contract. You hereby agree/accept that pools and spas contain necessary chemicals that can cause skin rashes, harm or discoloration of swimwear. You and your guests and invitees agree that you use pools and spas completely at your own risk. No lifeguard is on duty. No diving. No running. By signing this Agreement and liability release, you agree to honor all important pool safety guidelines: Child Safety: Never leave a child unsupervised near 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. Children must be watched closely while swimming. 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. Animal Safety: Do not leave animals unattended near a pool. Animals can fall into the water and may experience difficulty getting out of the pool and drown. No Glassware: Do not use glassware in or near the pool or spa. Broken glass in pool area will result in additional charges. Pool/Spa Safety: Note that consuming alcoholic beverages and/or drugs and use of the spa can be dangerous and cause serious health risks. Avoid immersion in the spa for prolonged periods of time. No Diving: Diving into shallow water can cause serious injury, paralysis or death.
GRILL SAFETY
A gas grill is be provided for your use. Please take care when using the grill as it can become extremely hot. Please ensure that children are not allowed near the grill when it is in use. Turn off the grill when not in use. Do not move the grill.
DAMAGE
We ask that You leave the Property in the same condition as found upon arrival. You agree to inspect the property and notify PDV of any pre-existing damage by email to info@palmsatpark.com within two (2) hours of arrival time. You will be charged for damage to the property and/or items requiring extra cleaning at departure. Extra cleaning charges will apply for excessive cleaning including but not limited to stains on floors, carpets, indoor and outdoor concrete, furnishings, linens, towels, excessively dirty ovens, stove-tops, BBQ grills, excessive trash, broken umbrellas and/or moved furniture or appliances. These are not normal wear and are not covered as part of the cleaning fee.
NO REFUNDS OR CREDITS
We want your visit to be enjoyable, comfortable and pleasant. It is understood that in renting a private vacation home, there are many situations that are by nature beyond PDV's control and credits or discounts will not be granted for such. Examples that are not guaranteed nor warrantied and will not warrant any refund or credit of rental monies, include, but are not limited to: failure of systems, AC or heat, pool-spa equipment/heater, appliances, electronics, TVs not working, the home's systems or mechanical malfunctions, plumbing, Internet, construction taking place in the area, a home not decorated or accommodated to your tastes/expectations, bad weather, utility outages, condition of landscaping, a neighborhood disturbance/noise. In the rare event of a mechanical malfunction or inconvenience, We will work to resolve it as quickly as possible. Repairs, if any, will be accomplished as soon as possible, taking into consideration service personnel workload, parts availability, and nature of repair. If PDV is legally prohibited from providing occupancy on the date of Check In, this Reservation will be cancelled and You will receive a Property Credit for the for the total amount paid at the time of such cancellation which You will be able to use towards a new booking for the same property with a check out date no later than one year from the Check Out date of this Reservation.
SUBSTITUTIONS
This section applies only to reservations made at Palms at Park, Villa 14 and Palms at Park, Villa 70 (the "Villas") which are nearly identical to one another. We reserve the right to change assignments between the Villas without notice or liability.
CHECK-IN AND CHECK-OUT
Guests are not permitted on the property prior to check-in time. If you request early check in but it has not been confirmed in writing, You agree to arrive at or after your scheduled check-in time.
The property must be vacated and secured at or before check-out time. If you request late check out but it has not been confirmed in writing, You agree to depart at scheduled check-out time.
Please close and lock all doors, sliders, and windows. A fee will be charged for leaving the home unsecured. Please turn off lights and heat or A/C. Before departing, please dispose of all trash in proper outdoor trash bins. All dishes and cookware should be cleaned or placed in dishwasher. Floors and area rugs should be in same clean condition as you found them to prevent additional charges. For non-return or loss of keys and/OR remotes a $150 per item service fee applies.
UTILITIES
Utilities other than pool heating fee are included at no extra charge for rentals of twenty-seven (27) or fewer consecutive nights. For rentals of twenty-eight (28) or more consecutive nights, You agree to pay actual costs for electric and gas. If applicable, the unused portion of Your Security or Utility Deposit will be refunded within 45 days of departure in order to allow time for utility bills to arrive.
OTHER TERMS AND CONDITIONS
You are responsible for enforcing all terms of this Agreement with all guests and occupants.
You certify that you are at least twenty-five (25) years of age.
Owner and Responsible Party mutually agree to forbear from making, causing to be made, publishing, ratifying or endorsing any and all disparaging remarks, derogatory statements or comments made to any party with respect to either of them. Further, the parties hereto agree to forbear from making any public or non-confidential statement with respect to the any claim or complain against either party without the mutual consent of each of them, to be given in advance of any such statement. If You or anyone in your group violates any of the terms of this Agreement and are warned, penalized or evicted, You and your group agree to refrain from leaving a negative review or reviews in retaliation.
You are notified of and consent to the use of outdoor video and audio monitoring equipment including cameras and noise monitoring / microphones. There is no such equipment inside of the home. The purpose of such outdoor monitoring equipment is (1) for enforcement action in the event of a crime on the premises (e.g. burglary), (2) avoidance of nuisances which may cause neighbors to complain (e.g. over occupancy or too much noise) and (3) documentation of the presence or absence such nuisances should they be alleged by any Party. Tampering with, disabling or destroying cameras or noise monitors is strictly prohibited and may result in a $5000 fine and eviction without refund. You are responsible for making all guests, occupants, licensees aware of the outdoor monitoring equipment described in this paragraph.
You shall not rearrange, move, or change the layout of the furniture in the home.
You shall not assign any interest in this Agreement or subrent any part of the Premises. Any attempted assignment or subrental shall be void and ineffective and shall result in termination of this Agreement and occupancy of the Property. In the event of such termination, PDV shall be entitled to retain all sums paid by Occupant.
PDV is not liable for nor financially responsible for cancellation of this Agreement prior to occupancy.
All criminal activity, including but not limited to the possession or use of illegal drugs at the home is strictly prohibited, and such criminal activity shall cause occupancy to be terminated. In case of such termination, without limiting any other right or remedy, PDV shall retain such sums as have been paid by Occupant.
CREDIT CARD AUTHORIZATION
This website shows a summary of charges known to the Parties as of the date and time that this Agreement was created, the outstanding amount due and the payment schedule. By accepting this Agreement, You are authorizing that current and future payments will be automatically be charged to Your card on file when due as well as any additional charges (e.g. for optional services such as Daily Housekeeping) or fines that You may incur per this Agreement. You agree to make all payments on or before the date that they are due. You agree to keep an active card on file with PDV until the end of Your stay. Failure to make timely payment, failed payment, disputed payment or any other action that causes Responsible Party's account to become delinquent may result in cancellation of this Reservation without refund.
QUESTIONS?
If you have any questions about this Agreement, we're here to help. Please call or text us at (760) 558-7100 or email info@palmsatpark.com.