This is a 1bd Spa Villa on the historic and legendary *****La Quinta Resort Hotel property. Fantastic mountain views from 2 private decks. 950sq ft. Full kitchen. King in bedroom. Fold out queen and twin in living room. Pets are okay. 5 person max. No smoking of any kind.
TERMS OF RENTAL AGREEMENT
1)NO SMOKING - There shall be no smoking of any kind inside, on the decks, at the front door or outside of the Premises.
2)MAXIMUM OCCUPANCY - The Tenants shall have no more than 5 (five) persons reside or sleep on the premises. In addition, the total number of persons allowed in the Villa is 8 including guests and visitors.
3)PETS - shall be declared and approved. Possession of undeclared pets is a violation of the rental agreement.
4)AGE RESTRICTION - Minimum age of responsible Tenant shall be 25 years.
5)CHECK-IN, CHECK-OUT: Tenant agrees that rental commences no earlier than the date and time of the rental period indicated above unless agreed by Landlord in writing. Tenant agrees to vacate the premises not later than the date and time of the rental period indicated above unless agreed by Landlord in writing.
6)ENFORCEMENT AND TERMINATION - The Landlord shall have the right to inspect the premises without prior notice at any time to enforce the terms of this agreement. Should the Tenants violate any of the terms of this agreement, the rental period shall be terminated immediately. The Tenants waive all rights to process if they fail to vacate the premises upon termination of the rental period. The Tenants shall vacate the premises at the expiration time and date of this agreement.
7)COMMUNICATION, LANDLORD-TENANT – Tenant shall possess the mobile phone registered on or AIRBNB that was used in rental communications for the entire duration of the rental period. Tenant shall respond in a timely fashion to Landlord communication requests.
8)NO TELEPHONE - There is no telephone on the Premises. Tenant shall possess a functional mobile phone to contact 911 in the event of an emergency.
9)FALSIFIED RESERVATIONS – Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit and/or rental money and shall be grounds for immediate termination of this agreement. Tenants shall then immediately vacate the premises.
10)FURNISHINGS: Tenant agrees not to alter any of the furnishings and shall use them only for the purposes intended. Tenant shall respect and protect all furnishings and decor and understands that many of the furnishings are unique and valuable. Tenant shall be solely responsible for the replacement value of any damaged, destroyed, missing or stolen furnishings on the leased Premises.
11)TENANT CONDUCT - The Tenants shall behave in a civilized manner and shall be good neighbors respecting the rights of the surrounding Resort guests and property owners. Tenants shall respect quiet hours from 10 P.M. until 7 A.M. daily. Tenants shall respect posted pool and spa hours and shall abide by the direction of Resort Security personnel. Violations in Tenant or Tenant's guest conduct shall be grounds for immediate termination of this agreement and Tenants shall then immediately vacate the premises.
12)HOUSE PARTIES - There shall not be any "house parties" on the Premises, there shall never be more than 8 persons on the Premises at any time without written landlord approval, nor shall Tenant's guests ever be left alone on the Premises.
13)COMMERCIAL ACTIVITIES are not allowed on the Premises at any time and no signs, structures or banners shall be erected or displayed.
14)TRASH - The Tenants shall dispose of excess garbage by storage in bags or boxes and placing in or directly adjacent to a La Quinta Resort trash receptacle. Trash shall not be left at the entrance to the Premises or in the parking areas. Resort personnel will collect garbage periodically.
15)NO DAILY HOUSEKEEPING SERVICE - Rates include a one-time linen & towel setup. Periodic maid service is available at an extra charge. Tenant shall contact Landlord to arrange periodic maid service. A 48 hour minimum advance notice is required.
16)TOWELS - Towels shall not be left outside of the unit (example: pools or spa). The cost of towel loss may be deducted from the security deposit.
17)LANDLORD PROVIDED ITEMS - Landlord shall provide towels, linens, cups, knives, forks, spoons, dishes, and other items as commonly used by the Landlord's family. Landlord shall also provide an initial supply of consumable items (tissue, toilet paper, soap, dish detergent, shampoos, etc…). No reimbursement will be made for Tenant supplied consumables.
18)TENANT'S PERSONAL PROPERTY: Tenant's personal property and effects are the Tenant's sole responsibility throughout the tenancy. Landlord's insurance will not cover Tenant's personal property and Tenant agrees to carry his/her own insurance on such property and personal effects. All personal property of the Tenant on said Premises shall remain his sole responsibility and risk, and the Landlord shall not be liable for any loss or damage due to theft, or loss of such personal property arising from any acts or negligence of any other person or from any cause whatsoever, the Tenant expressly agreeing to save the Landlord harmless in all such causes and events. Tenant shall see to their own security while in the property by locking doors, windows, etc. when it's prudent to do so.
19)PROPERTY CONDITION - No refunds or fee adjustments will be made due to a defect in the Property's condition unless Tenant makes Landlord aware of the problem immediately upon discovery and the Landlord, or their designated Representative(s) are unable to remediate the matter within a reasonable amount of time during normal business hours.
20)FAILURE OF A SYSTEM, APPLIANCES OR AMENITY - In the event the Premises sustains a failure of a utility, system, amenity or appliance - including but not limited to water, sewer, electrical, mechanical, or structure systems: pool, spa, electronic or entertainment equipment or service, or any appliance- neither the Landlord, their employees, agents, contractors, or property manager shall be liable to Tenant in damages and no refunds will be given for such failures. However, the Landlord, upon being notified of any malfunction will make a reasonable effort to promptly repair or replace the failed system or advertised equipment.
21)EARLY DEPARTURE - There shall be no refunds of rents because of shortened stays.
22)POOL SAFETY - It is the tenant's responsibility to learn about safety precautions and safety procedures concerning swimming in or being around the Resort pools. Tenant agrees to have a responsible adult supervising minors while they swim in the pool. Tenant is hereby notified that the pools can be dangerous and tenant accepts fully the risks involved.
23)OWNER CLOSET - Tenant agrees not to access locked “owner's closets."
24)FIRE EXTINGUISHER - The property has a fire extinguisher installed under the kitchen sink. Tenant agrees to use the fire extinguisher only for true emergencies.
25)CARBON MONOXIDE DETECTOR - Tenant is advised that there is no carbon monoxide detector on the property and accepts the risk involved in not having one.
26)LA QUINTA RESORT AMENITY ACCESS - The La Quinta Resort reserves the right to restrict Tenant access to resort amenities at its sole discretion. Tenants do not have formal access rights to the 2 main resort communal pools, concierge, or paying services including tennis courts and room service.
27)PARKING is allowed in designated spaces under any Spa Villa and along Vista Flora. Access to parking areas is first come first served. Parking is not guaranteed and at periods of La Quinta Resort full occupancy it may be necessary to park in other La Quinta Resort parking areas not immediately adjacent to the property.
28)TELEVISION – Cable TV is provided and service level has been chosen by the La Quinta Resort. No refund of rents shall be given for outages, content, lack of content or personal preferences with regard to cable TV service.
29)INTERNET - Wireless internet is provided by the La Quinta Resort as a convenience only and is not integral to the 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 with regard to internet service. No password is required.
30)ABANDONED PERSONAL PROPERTY - The Landlord will make a reasonable effort to contact the tenant in the event that valuable items are left behind. Items not claimed for longer than 2 weeks shall be disposed of by or become the property of the Landlord. Tenant shall be responsible for return shipping expenses. The Landlord shall not be held liable for condition or loss of said items.
31)HOLD HARMLESS AGREEMENT - Tenant acknowledges and understands that they are responsible for each and every guest or guardian during the rental period and is solely responsible for any property damage, accident, injury or loss sustained to any person while in residence. Landlord accepts no legal or financial responsibility. Tenant hereby agrees to indemnify and to save the Landlord harmless from any claim, including those of third parties, arising out of or in any way a result of the Tenants or guests use of the premises or items therein.
32)SECURITY DEPOSIT: May be applied to actual loss or damages caused by Tenant, excessive cleaning charges, excess services required, moving furniture and/or costs of enforcing this lease. Within 30 days following the end of the tenancy the Security Deposit will be applied, accounted for or refunded to the Tenant. If the Tenant has provided a credit card, the Tenant hereby authorizes the Landlord to charge these charges to his/her account.
33)ASSIGNMENT: This lease may not be assigned or any portion of the Premises sublet. Any attempt to do so shall be considered a material breach.
34)TRANSIENT OCCUPANCY - Tenants expressly acknowledge and agree that this Agreement is for transient occupancy of the Property.
35)SURRENDER OF PREMISES: Tenant covenants and promises to surrender the premises in as good and the same condition as the commencement of the rental period, reasonable wear and tear excepted; and to reimburse Landlord the amount, including reasonable attorney's fees, for all other damages. Soiling and/or discoloration of furniture and cushions is NOT considered reasonable wear and tear and will be billed as additional cleaning or damage.
36)EXPEDITED EVICTION: If Tenant (i) holds over in possession after the Tenant's tenancy has expired; (ii) commits a material breach of any provision of this agreement (including any addendum hereto) that according to its terms would result in the termination of Tenant's tenancy; (iii) fails to pay rents as required by this agreement; or (iv) has obtained possession of the Premises by fraud or misrepresentation, the Tenant agrees to an expedited eviction.
37)LAWS: That no laws, statutes or ordinances of a jurisdictional government agency will be violated on the premises nor the Premises used for any such purpose. Illegal drug use on the premises is forbidden.
38)ENFORCEMENT OF LEASE: That should Landlord incur any expenses in enforcing the terms of this Lease, Tenant shall promptly reimburse Landlord 100% for such expenses as Landlord shall deem reasonable.
39)DISPUTES: This lease shall be governed by and interpreted in accordance with the laws of the State of California. Any action relating to this agreement shall only be instituted and prosecuted in courts in California. Tenant specifically consents to such jurisdiction and to extraterritorial service of process. Should Landlord be required to take any action to enforce or recover under this agreement or should the Tenant initiate any legal proceeding against the Landlord (the Released Party), the tenant shall pay the Landlord's costs of arbitration and litigation including without limitation, reasonable attorney's fees.
40)DEFAULT BY TENANT: Tenant agrees that every condition, covenant and provision of this lease is material. A breach of any of these will constitute a material breach giving the Landlord the right to terminate this lease, the right to immediate possession of the Premises, the forfeiture of all deposits and the right to all damages including but not limited to costs of enforcement and reasonable attorney's fees.
41)SOLE AGREEMENT: This document including any attachments incorporated by reference herein constitute the entire and sole agreement between the Landlord and Tenant respecting the leased Premises, the leasing of the Premises to Tenant, and the lease term created under this Lease, and correctly sets forth the obligations of Landlord and Tenant to each other as of its date. Any oral or verbal agreements or representations respecting the leased premises or their leasing by the Landlord to Tenant not expressly set forth in writing in this agreement are null and void. Only written agreements shall constitute this lease. The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach.
42)CHANGES: The parties hereto further agree that any changes to this agreement are to be in writing to be enforceable or otherwise are null and void.
43)DEFINITIONS: Wherever "Landlord" is used it is intended to mean Landlord, Owner, and their agents and employees. The use of the word Tenant shall include both singular and plural.
44)SEVERABILITY: If any part of this agreement is found by a court of competent jurisdiction to be unenforceable than the remainder of the agreement shall remain in full force and effect.