1.     Cancellation Tenant must provide LHCM with a written notice of cancellation of the rental terms and the following policy will apply. There is a $500.00 penalty from the day the agreement is signed. Cancellations made under 61 days before the arrival date, the entire amount contracted shall be forfeited, unless LHCM is able to re-rent the premises for the cancelled period.  If LHCM can re-rent the premises, the Tenant will receive a refund less a cancellation fee of $500.00. 

2.     Extra Cleaning Normal cleaning charges are charged for departure cleaning at the end of the Rental Term.  If the condition of the Premises requires extra cleaning or a Tenant requests extra cleaning services, the Tenant shall be responsible for the cost of such cleaning. 

3.     Reasonable Use Tenant agrees that he/she and the members of his party shall conduct themselves in a manner that will not disturb the neighbors' peaceful enjoyment of their properties, and that any consequences of their inability to do so shall be Tenant’s sole responsibility.  Accordingly, Tenant further agrees to uphold the noise restriction ordinances enforced by the City of Palm Springs - Tenant shall not use any radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or any machine or device for the producing or reproducing of any sound conducted within an enclosed premise or audible to the neighbors.  Furthermore, Tenant agrees that any unreasonable noise disturbances resulting in a call to LHCM from a neighbor, a visit by Law Enforcement, Code Enforcement or LHCM will result in a minimum $500.00 charge to the credit card stated above.  Over-occupancy is strictly prohibited and will result in immediate loss of lease and forfeiture of the premises.  The tenant shall not make or suffer any alteration to the Premises.  Tenant further agrees that he will not allow the Premises to be used for any improper or illegal purposes. We want you to be aware of the very strict Noise Ordinance for the City of Palm Springs. If there are any noise complaints from the neighbor, the City will send either the police or their security company out. They will ask you to provide a credit card at the door and charge $500 at that point; there are no warnings because we provide the rules prior to your arrival.

4.     Pets, Smoking and Dangerous Materials Tenant agrees to inform LHCM prior to arrival if bringing pet/pets. Tenant agrees that he shall neither smoke any type of substance nor allow smoking of any substance in the Premises during the Rental Term. If you smoke outside, please make sure all windows and doors are closed prior to smoking.  Tenants shall not keep on the Premises any dangerous, flammable, or explosive materials or materials that might be considered hazardous. Tenant agrees to inform LHCM prior to arrival if bringing pet/pets (2 is the maximum number of pets allowed at any house or condo) only at properties that allow pets. **Pet fee: $250/per pet. Please note this on your reservation at the time of reservation.
Other Regulations Tenant agrees to conform to any rules or regulations which are reasonably related to the purpose and provisions of this Rental Agreement, as shall from time to time be established by the owner or LHCM for the safety, care, cleanliness, or orderly conduct of the Premises.  Tenant understands that the Premises may contain inherently dangerous recreational components (such as a swimming pool, spa, bicycles etc.).  Tenant will not and will not permit Tenant’s family members and Guests to use such amenities unless such person is capable.

5.     Request to Vacate Tenant will be required to vacate the Premises immediately upon any violation of these Terms and Conditions, with or without warning, and Tenant shall not receive a refund of any money for the time remaining in the reservation, nor will LHCM be responsible for locating alternative accommodations for Tenant. 

6.     Delivery of the Premises In the event LHCM or its agent is unable to deliver the Premises to the Tenant on the Arrival Date, LHCM shall provide replacement accommodations of a similar kind, nature, and quality as the Premises.  If LHCM makes every reasonable effort to locate replacement accommodations but is unable to secure accommodations on the Arrival Date that are suitable to Tenant, Tenant may terminate this Rental Agreement, the Rental Fee shall be refunded to Tenant, and this Agreement shall terminate without further liability to the parties hereto.

7.     Force Majeure The performance of this agreement by either party is subject of acts of nature, war, government regulation, government regulation on disaster, civil disorder, and curtailment of national transportation facilities or other emergencies, making it illegal or impossible to provide the premises for accommodations or to hold an event as schedules.  It is provided that this agreement may be terminated for any one of the above reasons by written notice from one party to another.  Should the Tenant cancel for any other reason, please refer to the cancellation policies contained in this agreement. 

8.     Liability for Damage Tenant is responsible for all damage to the Premises caused by the Tenant, the members of his party, and/or their guests.  Tenant is responsible for ensuring that the Premises are left upon departure in the same condition and repair as upon arrival.  LHCM will bill the Tenant’s credit card for all necessary replacement and repair costs within 90 days of the end of the Rental Term.  All personal property of the Tenant shall be at the sole risk of the Tenant.  LHCM and its owners, officers, employees, or agents shall not be liable for damage to or loss of personal property of any kind which may be lost or stolen damaged or destroyed by fire, water, steam, defective refrigeration, or otherwise, while on the Premises. A security deposit may be required during holidays and special events, you will be informed prior to making the reservation if it is required.

9.     Right to Repair Tenant shall provide prompt, detailed telephonic notice to LHCM of any damage or disrepair to or affecting the Premises.  If such damage or disrepair is not the result of the action or inaction of the Tenant, and if such damage or disrepair interferes with the use of the Premises, LHCM shall have 24 hours to replace or repair the same without a reduction in the Tenant’s rent.  If LHCM is unable to make the replacement or repair during such a 24-hour period, the Rental Fee shall be reduced for each day thereafter in the ratio which the unusable portion of the Premises bears to the entire Premises.

10.  Access to Premises Upon notice to Tenant, LHCM may enter the Premises for necessary maintenance, repairs, showing of the Premises or other reasonable purposes.

11.  Assignment or Sublease Tenant may not assign this Agreement or sublease any portion of the Premises without the prior written consent of LHCM.  No such approved assignment or sublease shall in any way relieve Tenant of his obligations and responsibilities under this Agreement.

12.  Limitation of Liability and Indemnification The liability of LHCM and its owners, officers, employees, and agents shall be limited to the amount of any rentals and deposits paid.  In no event shall the owner of the Premises, LHCM, or their owners, officers, employees, or agents be liable for any special, consequential, incidental, or punitive damages.  Tenant agrees to indemnify, defend, and hold harmless LHCM and the owner of the Premises from and against any liability for personal injury of property damage sustained by any person (including Tenant’s guests) because of any cause, unless such damage was proximately caused by the gross negligence or willful misconduct of LHCM or the owner of the Premises.

13.  Miscellaneous

(a) All individual provisions, paragraphs, sentences, clauses, sections and words in this Agreement shall be severable, and if any such provision, section, paragraph, sentence, clause or word is determined by any court, administrative body, or tribunal, having proper jurisdiction, to be in any way unenforceable, or to be in any way in conflict with any law of any applicable jurisdiction, such determination shall have no effect whatsoever on any of the remaining paragraphs, provisions, clauses, sections, sentences, or words of this Agreement.

(b) It is understood and agreed that time is of the essence for all purposes, and with respect to the performance of all obligations, under this Agreement.

(c) This Agreement may be executed in two (2) or more counterpart copies, all which counterparts shall have the same force and effect as if all parties hereto had executed a single copy of this Agreement; signature pages delivered by facsimile shall constitute originals for purposes of this Agreement.

(d) This Agreement is the entire agreement between the parties with respect to the subject matter hereof, and no modification or addition to it shall be binding unless signed by the parties hereto.

(e) The covenants, conditions and agreements contained herein are binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, personal representatives, successors, and assigns.

(f) If there is more than one named Tenant under this Agreement, Tenants shall be jointly and severally liable and each shall be deemed to confer upon each Tenant full authority to act on behalf of all Tenants under this Agreement.

(g) The obligations and covenants between the parties are independent and the Rental Fee will be payable without offset, reduction, or abatement for any cause.

(h) Wherever the context so requires, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all other genders.

(i) The owner of the Premises shall be a third-party beneficiary of the Tenant’s obligations under this Agreement.

14.  Utilities-Monthly Rentals, Pertains to Summer Months: Utilities other than pool heat fees are included at no extra charge for nightly/weekly rentals. For monthly or more, renter pays actual utility (prorated) fees for gas usage. Un-used portion of utility deposit (monthly rentals) is refunded within 45 days of departure as owner must receive and send gas bills to our agency for confirmation of actual utility use/charges. Guests receive copies of those bills via e-mail or regular mail. Condo rentals are not charged utilities unless the rental is off peak, at a lower rate.

15.  Pool/Spa – Pool Service - Pool Heating- Pertains to Private Pools Only California energy costs are among the highest in the US. A surcharge of pool/spa heating usage applies for daily or weekly use; monthly rentals pay actual electric + gas usage. Pool/spa heating must be ordered in advance as the average pool takes up to 48 hours to heat up to 80+ degrees. Pools/spas are cleaned on a twice weekly schedule (by the homeowner’s vendor) during your visit. Prior to your arrival, a meter reading is taken on the pool/spa temperature. You agree that if pool heating is adjusted upward by you or your guests, an excessive pool heat, an additional fee of up to $99 per night will be charged to your account.