P.S. Platinum Policies

For the purpose of the below contract, P. S. Platinum Property Management, Inc. will be referred to as PSP. I (WE), the undersigned, renting the above-named property for vacation purposes, agree to the following conditions:

1. Occupancy (including children, infants, visitors, and invitees) is not to exceed the published Maximum Occupancy, as stated on the P. S. Platinum Property Management, Inc. (PSP) website (psplatinum.com). If more than the maximum number is found to be occupying the leased property, without written approval, I (WE) agree that a charge of $350.00 per person per day will be charged. Additionally, this Agreement may be immediately terminated without a refund at the discretion of PSP if the maximum occupancy is exceeded.
2. This Agreement is a License to use the leased property as a vacation rental only; and shall not create any leasehold nor any legal or equitable interests in favor of Tenant or Tenant’s
   Guests or Invitees.
3. I (WE) and Our Guests shall only use the designated parking spaces or street parking, if available. Parking space(s) are to be used only for parking properly registered and operable motor vehicles, except for trailers, boats, campers, buses or trucks (other than pick-up trucks). Guest shall park in assigned space(s) only. Parking space(s) are to be kept clean. Vehicles leaking oil, gas, or other motor vehicle fluids shall not be parked on the premises. Mechanical work, or storage of inoperable vehicles, or storage of any kind is not permitted in the parking space(s).
4. Prior to vacating the property, the Tenant is responsible to remove all trash and recyclables, ensure all dishes and cookware are clean, and return any furniture that was moved to its original position. Trash and recycle bins are picked taken in and out each week by PSP.
5. I (WE) are responsible for full payment for the entire rental period as described in the Deposit/Payment Schedule section of this agreement, payable to P. S. Platinum Property Management, Inc. If paying by credit card and final payment is not received 60 days prior to occupancy the credit card on file will be automatically billed. Payments must be made by credit card (VISA or MasterCard only), wire, cashier’s check, money order, or travelers check.
6. Reservation is not confirmed until the Rental Agreement has been returned and the Deposit funds have been received into Our bank account.
7. Failure to make payments when due will result in cancellation of this Agreement.
8. If I (WE) do not personally inspect the premises prior to signing this Agreement, I (WE) agree to accept the rental property upon arrival, provided it meets the basic description as listed on the website. In addition, I (WE) agree that we will not be entitled to a refund or rent money, nor relocation to another property, and will have no claim or recourse against PSP, provided the property remains in habitable condition during the rental period.
9. Owner/Owner’s Agent, PSP, may enter the premises immediately in the event of an emergency or to perform necessary repairs and/or maintenance. Owner/Owners Agent, PSP, may also enter the premises with 24-hour notice for normal maintenance or to show a prospective future renter or buyer should the property become available for sale.
10. No Smoking at the property, interior or exterior, or near the property, No Exceptions. Tenant is responsible for all damage caused by smoking including, but not limited to stains, burns, odors and removal of debris. Tenant acknowledges that in order to remove the odor caused by smoking, provider may need to replace carpet and drapes and paint the entire premises regardless of when these items were last cleaned, replaced or repainted. Such actions and other necessary steps will impact the usage of the damage
11. I (WE) shall be responsible for all damage or breakage and/or loss to the premises that I (WE) cause, except normal wear and tear and unavoidable casualties which may result from occupancy. I (WE) acknowledge that I (WE) have been made aware that as part of my stay a Damage Waiver Fee plan has been included, which is designed to cover unintentional damages to the rental unit interior that occur during my stay the policy will pay a maximum benefit of $3,000.00. Any damages caused by the Tenant(s), pets, or invitees, repairs or replacements, excluding ordinary wear and tear, that exceed $3,000.00, Tenant is personally liable for and will be charged to the credit card on file. If during the stay at this property an Insured Person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of $3,000.00. Certain terms and conditions apply. Full details of the Damage Waiver Fee coverage are available at (psplatinum.com). By submitting payment for this, I (WE) authorize and request that P. S. Platinum Property Management, Inc. (PSP) be paid directly any amount payable under the terms and conditions of the Damage Waiver Fee plan.
12. PSP as the property manager, will make reasonable efforts to have any damages or notable conditions (reported by the Tenant that affect Tenant’s use and enjoyment of the property) addressed or repaired in a timely manner. If the damage or notable condition reported by the Tenant is addressed by PSP in a timely manner, then PSP will have met their obligations and the tenant will not be eligible for refund. In addition, if the Tenant fails to report the damage or notable condition prior to their departure or declines offers for PSP to repair the notable condition (thus not allowing for PSP to address or repair the issue(s)) then the tenant will not be eligible for refund. If PSP is unable to address the damage or notable condition in a timely manner, a compensation request form will be provided to the tenant to allow PSP to review the details of the request (with the property Owner, if applicable) and present an appropriate refund based on the specifics of the damage or notable condition.
13. The property will be left in the same good and habitable condition. Any damages or notable conditions found upon arrival will be reported to PSP within twelve (12) hours of occupancy. PSP shall provide utilities, furniture and fixtures, linens and towels, and other basic amenities, contained in the description listed on the website as of the date of this agreement.
14. Neither PSP, nor Owner, shall be liable to Tenant, Tenant’s guests or invitees, or any other person for any injury, loss, or damage to any person or property on or about the premises including, but not limited to, use or misuse of any of the below amenities that may be included with the rental or the premises: spa, jacuzzi, bathtub, fireplace, fire pit, and any other areas of the premises normally identified as posing a liability risk. Tenant agrees that it is their responsibility to supervise any children around these areas at all times.
15. This Agreement may not be assigned, or the property sublet and is for Tenant’s use only.
16. No noise violations, or parties at any time, this agreement contract defines a party as any combination of the following: any loud noise and/or excessive drinking that is disruptive to neighboring houses and/or guests outnumbering the maximum amount permitted as defined in item #8 above. I (WE) agree that a party, as defined in this agreement, will result in a forfeiture of MY (OUR) security deposit and an immediate eviction from the property with no refund given under any circumstance. Any exceptions to the No Party Clause must be approved by PSP in writing prior to the arrival date.
17. Security Cameras – Tenant acknowledges and understands that the property may have exterior security cameras intended to monitor the exterior of the property only. Tenant consents to the use and presence of such cameras on the exterior. No cameras are contained in the interior or the dwelling.
18. Good Neighbor Clause, I (WE) agree to take every reasonable measure to control the noise problem (i.e., close windows and doors and do not leave pet unattended at any time). Additional complaints will result in an early termination of the rental contract with no refund given. In addition, I (WE) agree to clean up and properly dispose of all pet waste before departing the property. Failure to do so will result in an additional $500 cleanup fee charged to my (OUR) credit card.
19. Rental Rate, the undersigned acknowledge that PSP rental rates are established in the sole discretion of PSP and determined using various criteria, including but not limited to comparable vacation rental rates in the area of the subject property, square footage, year built/remodeled, condition of the property, proximity to the beach and/or local attractions, and available amenities. The undersigned further acknowledge and agree that there shall be no adjustments to the rental rate or partial refunds due to any perception of the undersigned that the rental value is not commensurate with the rental rate established by PSP.
20. I (WE) acknowledge that PSP reserves the right to offer discounted rates on all properties based on ever changing market conditions and availability. If the rental rate of the property that I (WE) have chosen to reserve is discounted after I (WE) confirm our reservation, I (WE) will not be entitled to any type of discount of the original rental rate agreed on as per page one of this contract.
21. I (WE) acknowledge that it is my (OUR) responsibility to thoroughly read the list of amenities and property description provided by PSP for the property I (WE) have chosen to rent. I (WE) acknowledge that PSP has posted a detailed property description and complete list of amenities on their website (psplatinum.com). Assumptions made on my (OUR) part and/or failure to read the property description and/or list of amenities will not result in a refund under any circumstances.
22. I (WE) acknowledge that PSP has provided a complete address to the home I (WE) have chosen to rent on page 1 of this rental agreement. I (WE) acknowledge that with this information, I (WE) can research the local area for any and all factors that may be relevant during my (OUR) stay. Any and all instances related to occupying a home in a suburban area will not result in a refund under any circumstances. Examples of this include, but are not limited to: local traffic conditions, neighborhood construction, city/utility maintenance, and proximity to surrounding homes/businesses.
23. Tenant shall not be entitled to cancel the reservation with less than 60 days notice unless the property becomes unavailable because of property sale, fire, mandatory evacuation, eminent domain, construction delays, lack of utilities, or act of nature. Upon cancelation by PSP, Tenant will be refunded the funds received to date from PSP within three to five (3-5) business days from the notice of cancellation.
24. Only applicable for properties with spas (hot tub or jacuzzi), I (WE) acknowledge that upon our arrival, it is my (OUR) responsibility to inspect and ensure that any and all sand from previous guests has been removed from the spa by the management company prior to my (OUR) arrival. If there is sand in the spa upon my (OUR) arrival, it is my responsibility to alert the management company within 24 hours of my arrival date to ensure that I (WE) am not held accountable. Furthermore, it is my (OUR) responsibility to ensure that all Guests in my (OUR) reservation do not bring sand into the spa by any means. I (WE) understand that upon check out, the spa will be inspected for sand and if found, will result in a charge of $400 to my (OUR) credit card.
25. Only applicable for properties with swimming pools, I (WE) acknowledge that I have chosen to rent a property with a private swimming pool, and agree to the below terms and
    conditions:
    1. Pool Heating – pool heating is not included in the standard rental rate, however, if applicable, the pool may be heated for an optional daily fee which varies depending upon the property. If Tenant elects to pay for pool heat, then the pool will be heated to a temperature of 80 degrees. The pool heating fee may be added at anytime and fee will be charged to the credit card on file. Please contact your reservations representative if you would like to elect to have the pool heated, or if you would like more information on the cost. Please note that not all pools can be heated.
    2. Pool and spa hours permitted for use/Disturbances, pool and outdoor noise should be kept to a minimum at all times in an effort to respect the local community and noise ordinances. I (WE) and our Guests shall behave in a civilized manner and shall be good neighbors respecting the rights of the surrounding neighbors and shall not create noise or disturbances that interfere with the quiet enjoyment of their property. Outdoor quiet hour starts at 10pm to 7am, and are strictly enforced. The agent/owner will notify us with a warning upon the first complaint by a neighbor. At this point, I (WE) agree to take every reasonable measure to control the noise problem. Additional complaints will result in an early termination of the rental contract with no refund given.
    3. Liability, I (WE) understand that the area surrounding pool may not be fenced or secure and that neither PSP nor Owner shall be liable to Tenant, Tenant’s guests or invitees, or any other person for any injury, loss, or damage to any person or property on or about the premises. No diving is permitted. Tenant shall defend, indemnify, and hold harmless, the Owner, PSP, their employees, agents, and insurers, from and against all injury, loss, or damage, arising from or relating to the use, misuse, or abuse of the pool, and from or against any, omission, neglect, or default of the Tenant or Tenant’s Guests or invitees. Tenant further agrees to defend, indemnify, and hold harmless Owner, PSP, and their employees, agents, and insurers, from any claims asserted by neighboring property owners or other third parties, if such claims arise from actions or negligence by the Tenant or Tenant’s Guests or invitees.
26. Reservations made within 48 hours of their arrival date are subject to additional verification prior to confirming the booking.
27. Entire Agreement, this Agreement sets forth the entire understanding of the parties regarding this subject matter and supersedes all prior contracts, agreements, arrangements, communications (including correspondence by electronic transmission), discussions, term sheets, representations, and warranties, whether oral or written, between the parties regarding this subject matter. This Agreement may only be altered by a separate written Agreement signed by all parties.
28. Applicable law and venue, all matters relating to the interpretation, construction, application, validity, and enforcement of this Agreement, and any disputes or controversies arising hereunder, will be governed by the laws of the State of California without giving effect to any choice or conflict of law provision or rule, whether of the State of California or any other jurisdiction, that would cause the application of laws of any jurisdiction other than the State of California. California shall have personal jurisdiction over the parties and the County in which the Property is located shall be the forum for any legal action brought in relation to this Agreement.
29. Tenant shall store only personal property Tenantowns, and shall not store property claimed by another or in which another has any right, title, or interest. Tenant shall not store any improperly package food or perishable goods, flammable materials, explosives, hazardous waste or other inherently dangerous material, or illegal substances.
30. Tenant is not liable for any utility costs or services, such as water, gas, electric, cable, or internet.
31. Understands that if property is located in a common interest development, housing provider may not have authority or control over certain parts of the premises such as roof, electrical, gas or plumbing features inside certain walls, and common areas such as landscaping, shared parking structure or garage.
    1. If premises is located in a condominium, planned unit development, common interest subdivision or other development governed by a homeowners’ association (“HOA”). Tenant will comply will all HOA covenants, conditions and restrictions, bylaws, rules and regulations and decisions. Tenant is personally liable for and will be charged to the credit card on file for any fines or charges imposed by HOA, or other authorities, due to any violation by Tenant(s) or invitees.
32. Pets, no animal or pet shall be kept on or about the premise. I (WE) agree that if an unapproved animal(s) or pet(s) is brought onto the property this will result in a forfeiture of my (OUR) reservation, no refund, and immediate eviction from the property given under any circumstance. Any exceptions must be approved by PSP in writing prior to the arrival date, and an additional non-refundable pet fee of $450 per pet. This applies to all pets brought onto the property, including pets brought onto the property by visiting guests of the tenant for any amount of time. If I (WE) chose to bring our pet, I (WE) are responsible for controlling excessive noise caused by the pet (i.e., constant loud and uncontrolled barking). The agent/owner will notify us with a warning upon the first complaint by a neighbor.
33. Agree to comply with all housing rules and regulations that are at anytime posted on the premises or delivered to the Tenant. Tenant, Guests, or invitees, shall not disturb, annoy, endanger, or interfere with other tenants of the building or neighbors, or use the premises for any unlawful purposes, under federal, state, or local law including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband (not use on the premises to plant, grow, cultivate or sell marijuana or any other drugs), or violate any law or ordinance, or commit waste or nuisance on or about the premises.