The Pine Cone House - Twain Harte

Guests will be required to sign the following rental agreement: Short-Term Rental Agreement This Short-Term Rental Agreement (the "Agreement") is entered into as of [date], by and between Pine Cone House Rentals LLC ("Landlord"), and [guest name] ("Guest"). The parties agree as follows: PREMISES. Landlord, in consideration of the payments provided pursuant to this Agreement, leases to Guest the Premises located at ***************, Twain Harte, California (Phone number hidden by Airbnb) the "Premises") in accordance with the terms of this Agreement. RENTAL TERM. The Guest will have full use of the Premises beginning at 4:00 p.m. on _________________ (“Check-In Date”) and the rental term will terminate at 11:00 a.m. on _________________ (“Departure Date”). AGREEMENT PAYMENTS. The total rental payment owed under this Agreement is as set forth under Guest’s Airbnb or (Hidden by Airbnb) (as applicable) reservation number: Check-in and Check-out Instructions. Guest will abide by any check-in and check-out instructions provided by Landlord in connection with Guest’s use of the Premises under this Agreement. POSSESSION. Guest shall be entitled to possession as of the Check-in Date, and shall yield possession to Landlord on the Departure Date, unless otherwise agreed by both parties in writing. On the Departure Date, Guest will remove its goods and effects and peaceably yield up the Premises to Landlord in as good a condition as when delivered to Guest, ordinary wear and tear excepted. MINIMUM STAY. This Premises requires a 2-night minimum stay. Longer minimum stays may be required during holiday periods. USE OF PREMISES/ABSENCES. Guest shall occupy and use the Premises as a dwelling unit. Guest will notify Landlord of any anticipated extended absence from the Premises not later than the first day of the extended absence. Guest will maintain the premises in good order and appearance including keeping the premises free of trash and garbage. Reasonable wear and tear are the only exceptions to damage to the premises. OCCUPANTS. No more than 12 person(s) may occupy the Premises at any one time unless the prior written consent of the Landlord is obtained. All guests over the age of 2 are counted towards the maximum. Any party falsely representing the number of people, or exceeding the maximum may be subject to immediate eviction without refund. PETS. No pets shall be allowed on the Premises. PARKING. The maximum number of cars allowed at the Premises at any one time is 4. Guest may park one car inside the garage. Parking exceeding this limit may result in immediate eviction and forfeiture of all amounts paid. PREMISES INSURANCE. Landlord and Guest shall each be responsible to maintain appropriate insurance for their respective interests in the Premises and property located on the Premises. Guest shall also maintain any other insurance which Landlord may reasonably require for the protection of Landlord's interest in the Premises. Guest is responsible for maintaining casualty insurance on its own property. It is recommended that travel or vacation insurance is obtained by the Guest. Guest expressly recognizes that any insurance for Premises damage or loss which the Landlord may maintain on the Premises does not cover the personal property of Guest, and that Guest should purchase their own insurance for Guest if such coverage is desired. NON-DISTURBANCE CLAUSE. Guest and their guests shall not disturb, annoy, endanger (e.g. fireworks) or inconvenience neighbors nor use the premises for any unlawful purposes. Violation of this provision may result in eviction and forfeiture of all amounts paid under this Agreement. CANCELLATIONS. If the Premises becomes unavailable to Guest prior to occupancy, through no fault of Guest, Landlord agrees to refund the full amount paid to the date of cancellation, and Guest agrees to release any claims against Landlord. If Guest booked their reservation on Airbnb the following cancellation policy will apply: Full refund for cancellations up to 30 days before check-in. If booked fewer than 30 days before check-in, full refund for cancellations made within 48 hours of booking and at least 14 days before check-in. After that, 50% refund up to 7 days before check-in. No refunds if the check-in is less than 7 days away. If Guest booked their reservation on (Hidden by Airbnb) the following cancellation policy will apply: Full refund for cancellations up to 30 days before check-in. If Guest cancels between 14 and 30 days before check-in, Guest will get back 50% of the monies they have paid. No refunds if the check-in date is less than 14 days away. SMOKING. Smoking is strictly forbidden inside the Premises, on the rear decks and front patio. Evidence of smoking inside the Premises, on the decks or patio, will result in immediate eviction and forfeiture of all amounts paid and will result in additional cleaning fee charges. COOKING. Guest may cook only in the specific areas set aside by Landlord for cooking. No open fires are allowed other than in the grill and the outdoor fire pit. The grill must remain on the deck, away from trees, house, etc. All fires must be thoroughly extinguished before leaving unattended. CLEANING. The Premises will be inspected and cleaned after departure. The rental fee includes laundry service for the towels and linens. Guest is required to leave the Premises in the same general condition that it was received in by making sure that the dishes are washed and put away, and the house is generally picked up and ready to be vacuumed, dusted, disinfected and laundered. ACCESS BY LANDLORD TO PREMISES. Subject to Guest's consent (which shall not be unreasonably withheld), Landlord shall have the right to enter the Premises to make inspections and provide necessary services. However, Landlord does not assume any liability for the care or supervision of the Premises while under the possession and of Guest. As provided by law, in the case of an emergency, Landlord may enter the Premises without Guest's consent. INDEMNITY REGARDING USE OF PREMISES. To the extent permitted by law, Guest agrees to indemnify, hold harmless, and defend Landlord from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Landlord may suffer or incur in connection with Guest's possession, use or misuse of the Premises, excluding Landlord's acts or negligence. DANGEROUS MATERIALS. Guest shall not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Landlord is obtained and proof of adequate insurance protection is provided by Guest to Landlord. COMPLIANCE WITH REGULATIONS. Guest shall promptly comply with all laws, ordinances, requirements and regulations of the federal, state, county, municipal and other authorities, and the fire insurance underwriters. However, Guest shall not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature. SUBORDINATION OF AGREEMENT. This Agreement is subordinate to any mortgage that now exists, or may be given later by Landlord, with respect to the Premises. ASSIGNABILITY/SUBLETTING. Guest may not assign or sublease any interest in the Premises, nor assign, mortgage or pledge this Agreement. CASUALTY OR DESTRUCTION. (a) Should the Premises be destroyed or rendered uninhabitable by an act of God (including, but not limited to, hurricanes, storms, floods or fires), or by environmental disaster, or loss of utilities prior to occupancy by Guest, this Agreement shall become null and void, and all payments made hereunder shall be refunded to Guest. (b) Should the Premises be destroyed or rendered uninhabitable as above during occupancy, reimbursement on a pro-rated basis will be negotiated between Guest and Landlord. No refund is due (or will be made) for inclement weather. GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of California. SEVERABILITY. If any portion of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. WAIVER. The failure of either party to enforce any provisions 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. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure, unless the dispute or controversy meets the requirements to be brought before California's small claims court or is an unlawful detainer proceeding. Any controversies or disputes arising out of or relating to this Agreement, other than those excepted above, will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the State of California. The arbitrator's award will be final, and any judgment may be entered upon it by any court having jurisdiction within the State of California. CAUSE FOR EVICTION. The Guest and all parties with the Guest will be subject to immediate eviction from the Premises if the Guest or parties of the Guest violate any terms of this Agreement, including but not limited to, violation of the occupancy limits, pet provision, smoking, non-disturbance or parking. In the event of eviction from the Premises, the Guest shall forfeit all amounts paid and there will be no refund of money. ATTORNEY'S FEES AND COSTS. If Landlord employs the services of an attorney to enforce any conditions of this Agreement, to collect any amounts due, the eviction of the Guest, or because Guest takes any action to recover deposits not due, Guest shall be liable to Landlord for reasonable attorney's fees and costs incurred by Landlord. ENTIRE AGREEMENT/AMENDMENT. This Agreement and Guest reservation under Airbnb or (Hidden by Airbnb) , as applicable, contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified or amended in writing, if the writing is signed by the party obligated under the amendment. In the event of a conflict between the terms of Guest’s reservation and this Agreement, this Agreement will govern to the extent of such conflict. ACKNOWLEDGMENT. The Parties hereby understand and accept the terms and conditions on all pages of this Agreement. LANDLORD: Signature: Jessica Gonzalez, for Pine Cone House Rentals LLC Date: GUEST: Signature: Name: Date: *No smoking *No rearranging furniture *No tampering with cameras *No unplugging wifiNo smokingNo petsNo parties or eventsCheck-in is anytime after 4:00 PM