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Rental Agreement

By Booking You Agree and Accept the Following Terms and Conditions

Hidden Gem Homes Rental Agreement

This Short Term Rental Agreement (hereinafter: the "Agreement") is entered into and made effective as of the signing date by and between the Property Owner/Operator ("Owner") and the Guest (together - the "Parties). Terms not specified in this Agreement shall be in accordance with the House rules or the Reservation policies which are provided separately by the Owner.

The parties agree as follows:

Accommodation Terms

  1. The Guest agrees to abide by all rules and regulations set forth by local laws
  2. The Guest shall behave in a respectful manner and shall be good neighbors respecting the rights of the surrounding property owners, including abiding by Sonoma County mandated quiet hours for vacation rentals from 9:00 PM - 7:00 AM. Violating quiet hours or receiving complaints from neighbors shall be grounds for immediate termination of this agreement and forfeiture of the security deposit. 
  3. The Guest commits not to use the property for any illegal or commercial purpose, including but not limited to sub-lease the property or otherwise allowing anyone or more people to stay above the maximum permitted or if not previously agreed with the Owner.
  4. The Guest is responsible for any breakage or damage costs (or related costs) in or to the property - along with any extra costs that may result - which are caused by the Guest or any members of the Guest's party.
  5. The Owner can refuse to allow the Guest into the property or ask the Guest to leave if they reasonably believe the Guest or any member of the Guest's party (or any other person invited by the Guest to the property) are behaving illegally or that any damage is likely to be caused, has been caused or is being caused as a result of the Guest behavior or an members the Guest has invited to the property and without providing a refund of any payment the Guest has paid for the booking and the Owner will not be legally responsible to find any alternative accommodation.
  6. Parking is limited to designated parking areas only--maximum of 2 cars in front of the garage. 
  7. The Guest must not hold events (such as parties, celebrations or meetings) at the property without the advance written consent of the Owner. Any of these cases will allow the Owner to terminate the Agreement without providing a refund of any payment the Guest has paid for the booking and the Owner will not be legally responsible to find any alternative accommodation. 
  8. The Guest must allow the Owner or their representative (including workmen), with reasonable notice, access to the property at any reasonable time during your stay (except in an emergency or if a problem needs sorting out quickly and you cannot be contacted in time. In these situations, the owner can enter the property at any time without giving you prior notice).
  9. The Guest is obliged not to make any changes in the rented property without prior receipt of agreement from the Owner in writing
  10. By agreeing to these Terms & Conditions, as acknowledged by signature below, the Guest waives, discharges and agrees to hold harmless Owner from all damages or injuries arising from or related to the Guest stay at Property, including without limitation, any accidents or injury to the Guest, Guest's visitors and associates, and loss of money, jewelry or valuables of any kind. The Guest is responsible for keeping his valuables safe at all times.
  11. Release of Liability for rentals with Pools and/or Hot Tubs
  12. In consideration of being allowed to use the swimming pool and/or hot tub I understand that during my stay that there is no lifeguard on duty, I shall be responsible for myself and guests using the pool and/or hot tub: I understand that there are risks involved in the use of these facilities such as injury or death. I agree to indemnify, release and hold harmless the Swimming Pool and/or Hot Tub, Hidden Gem Homes, and the rental host from any cost, liability, claim, damages, demand arising from injury, loss, illness, or death.

Additional Policies such as Minimum Stay, Smoking, Maximum Guests allowed, Children and age will be according to the House rules or the Reservation policies.

General

  1. Any change and/or in addition to this Agreement, House rules, and Reservation Policy will be valid only if it is carried out in writing and all sides have signed.
  2. Any announcement sent to either of each side from the other by registered post in accordance with the precise address written in the introduction of this contract will be considered if received after 96 hours from the time of sending it from the post office.
  3. This Agreement (including any House rules or Reservation policy) expresses and reflects all that was agreed between the parties and cancels any agreements and/or other understandings between them.

Rates and Fees

Rates are set automatically by a pricing tool called PriceLabs. Owner has no control over these prices and the amount quoted is based on supply and demand, specifically what comparable vacation rental units are charging, levels of occupancy in those units, and any seasonal adjustments for peak or off-peak seasons.

Check-In/Out Time

1. Check-In time is after 3 PM unless otherwise agreed upon in writing with the Owner. Check-In is done automatically via keypad with instructions shared in advance of the stay. 

2. Check-Out time is at 10 AM unless otherwise agreed upon in writing with the Owner. Any check-out later than 10 AM will affect the cleaning schedule and will be assessed a charge of $200 per hour after 10 AM to compensate cleaner's time. 

Security Deposit

Owner reserves the right, at its discretion, to charge a security deposit at the time of reservation in the amount defined at the time of booking. This deposit will be refunded after Guest’s departure and an inspection of the Property by Owner, less any deductions for damage to the Property or furnishings, excessive mess requiring additional cleaning or other costs incurred outside the normal course due to Guest’s stay, including late check out or violation of quiet hours. 

Pets

No pets shall be allowed unless agreed upon in writing with owner and in accordance with Pet Rules. 

Cancellation

If Guest cancels the reservation less than 30 days before the Arrival Date, the Total Amount Due will be forfeited.

Mechanical Failures

Owner attempts to properly maintain the Property. While all electrical and mechanical equipment within the Property are in good working order, Owner cannot guarantee against mechanical failure of electrical service, stopped plumbing, water supply, heating, air conditioning, audio visual equipment, internet access, cable service, or appliances. Guest agrees to report any inoperative equipment or other maintenance problem to Owner immediately. Owner will make every reasonable effort to have repairs done quickly and efficiently. Guest will allow Owner or a person permitted by Owner access to the Property for purposes of repair and inspection. Owner is not responsible for any inconvenience that may occur and no refunds or rent reductions will be made due to failure of such items.

Acts of God

If there is a storm or severe weather and a mandatory evacuation order is issued by state or local authorities, Guest shall be entitled to a prorated refund for each night Guest is unable to occupy the Property. Owner will not be liable or deemed in default under this Agreement for any failure to perform or delay in performing any of its obligations due to or arising out of any act not within its control, including, without limitation, acts of God.

Limitation of Liability

Limitation on Liability. Owner is not responsible for any accidents, injuries or illness that occur to any member of the Rental Party or Guest’s visitors while in the Property or on the Property. Owner is not responsible for loss of personal belongings or valuables belonging to any member of the Rental Party or any of Guest’s visitors. Guest agrees to assume the risk of any harm arising from use of the Property. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL OWNER BE LIABLE TO GUEST OR ANY OTHER PERSON FOR ANY DAMAGES OF ANY NATURE WHATSOEVER INCLUDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR GUEST’S RENTAL OF THE PROPERTY OR USE OF THE PROPERTY. IN NO EVENT WILL OWNER BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH THIS AGREEMENT, EVEN IF OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

Indeminifcation

Guest acknowledges that the use of the Property by the Rental Party and Guest’s visitors is entirely at their own risk. Guest will indemnify and hold harmless Owner from any and all expenses, costs, damages, suits, actions, or liabilities whatsoever arising from or related to any and all loss of or damage to personal property, injury or death resulting from the use or occupancy of the Property or the failure of any member of Rental Party or Guest’s visitors to observe the Rules and restrictions set forth in this agreement. 

Governing Law

This Agreement and all transactions contemplated by this Agreement will be governed by, and constructed and enforced in accordance with the laws of the State of California (not including its conflicts of laws provisions). Any dispute arising from this Agreement shall be resolved through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association.

Amendments 

This Agreement may be amended or modified only by a written agreement signed byboth Owner and Guest.

No Waiver

Neither Owner nor Guest shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing.

Severability

If any provision of this Agreement is held to be invalid or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement.

Notices

Any notice or communication under this Agreement must be in writing and sent via one of the following options: email or text message. 

Successors and Assigns

This Agreement will inure to the benefit of and be binding upon Owner, its successors and assigns, and upon Guest and its permitted successors and assigns.

Entire Agreement

This Agreement represents the entire understanding and agreement between the Parties with respect to the subject matter of this Agreement and supersedes all other negotiations, understandings and representations (if any) made by and between the Parties.