The tropics in Paradise Valley?? Live in your piece of paradise in Paradise Valley. 2 story custom home with large Jacuzzi, custom waterfall/p, 2 master w king memory foam beds, minutes from 101, beautiful Dessert Ridge Mall, Wildfire golf! We have a NEW JACUZZI!
***Winner of TripAdvisor 2017 Certificate of Excellence!
2 story custom home with contemporary architectural columns on the facade
2600 sq feet
Gazebo and patio-both poolside.
Private pool (brand new heat pump(‡)) with natural appearing custom waterfall.
Large private Jacuzzi(‡)-BRAND NEW.
A few minute walk from climbing Scarlet Canyon
2 large flat panel TV's-70" and 50" to enjoy watching your favorite sporting events.
Built in gas grill
Mister under my gazebo next to the waterfall!
Pool (Optionally heated with heat pump‡), heated spa(Optionally heated‡), sit poolside and relax while listening to our private natural waterfall, washer and dryer, cool mister under my gazebo, built in gas barbecue grill.
9 minutes ((SENSITIVE CONTENTS HIDDEN) maps) to the modern Dessert Ridge Mall.
13 minutes ((SENSITIVE CONTENTS HIDDEN) maps) to world famous TPC-Scottsdale golf.
25 minutes ((SENSITIVE CONTENTS HIDDEN) maps) to Mayo Clinic, Scottsdale
4 minutes ((SENSITIVE CONTENTS HIDDEN) maps) to Costco.
7 minutes to Paradise valley golf club.
12 minutes to Wild Creek Golf Club
13 minutes to Lookout Mountain Golf Club
14 minutes to Stonecreek Golf Club
5 minutes from Proswingz Golf Club
20 min Arizona Biltmore Golf Club
25 minutes Scottsdale Silverado Golf CCLub
22 minutes Cardinals NFL/Arizona Wildcats football/University of Phoenix Stadium
12 minutes Walmart
10 Minutes High Street with places like
10 Minutes Blue Martini ( renowned for their scintillating nightlife, upscale-yet-anything-goes scene, and is the place to see and be seen sipping a swanky martini in Scottsdale)
10 minutes Ocean Prime
10 minutes La Bocca Wine Bar & Urban Kitchen
11 Minutes Lifetime Fitness
11 Minutes Rick Bronson's - House of Comedy Arizona
Access to all MLB stadiums for Cactus League (spring training), Chicago White Sox, Chicago Cubs, LA Dodgers, Cincinnati Reds, Cleveland Indians, Milwakee Brewers, Oakland Athletics, San Diego Padres, Seattle Mariners, Arizona Diamondbacks, Seattle Mariners, Arizona Diamondbacks, Colorado Rockies, San Francisco Giants, Kansas City Royals, Texas Rangers, LA Angles of Anaheim.
Interaction with guests
I am usually available via text message and usually respond within 24 hours, often much sooner. I sometimes work third shift, so i am often most available between 6 and 10 pm CT.
Other things to note
‡Note: In order to keep our property rates low and save clients money who chose not to heat the pool nor Jacuzzi, we have separated out the fees to heat the Jacuzzi ($15/day) or Pool ($30/day) or both together ($35/day). We have installed The newest technology in pool heaters, Pentair Ultra Heat Pump. It allows us to provide cost effective heating solution for our pool. This technology does not work, however, when the outdoor weather is in a temperature range that most people do not swim.
(PHONE NUMBER HIDDEN)th way, phoenix, AZ
Phoenix, AZ 85024
1. Please read this Rental Agreement carefully as it affects your rental of the Property and your legal rights. By clicking that you agree or otherwise completing a rental request or registration you agree to be bound by the Rental Agreement and its terms.
2. “You” or “Guest” are used interchangeably in this Agreement to denote the person accepting the Rental Agreement and in charge of all communication and representation by and on behalf of your rental party. “We” and “Owner” are used interchangeably in this Agreement to denote the owner and/or property manager of the rental Property.
3. COMPLIANCE WITH RENTAL AGREEMENT, LAWS REQUIRED: Guest agrees to abide by the Rental Agreement at all times, including while at the Property, and shall cause all members of the rental party and anyone else Guest permits on the Property to abide by terms of the Rental Agreement at all times while at the Property. Guest agrees and acknowledges that Guest shall be responsible for any and all damage to the Property, other damages, as well as any violations of laws, rules, or regulations caused by Guest or anyone Guest permits on the Property. Guest shall be solely responsible for all fines related to or arising from this Rental Agreement, including but not limited to HOA fines and misdemeanor citations, such as minor consumption of alcohol and noise complaints.
5. RENTAL PARTY: Guest shall declare the total number of persons in the rental party upon check-in, including identification of the number of minors in the rental party. Any overnight guest not declared by Guest prior to check-in will result in an Additional Guest Fee of One Hundred Fifty U.S. Dollars ($150.00) per night per additional guest.
6. MAXIMUM OCCUPANCY: The maximum occupancy of the Property is the number of persons that can sleep in the existing beds or on any of the available floor space or furnishings, such as mattresses and couches or as set by any federal, state, or local law or ordinance. In no event shall the maximum occupancy of the Property be exceeded.
7. REFUSAL: This Property is privately-owned, and we reserve the right to rent to any person, for any reason whatsoever, in our sole and exclusive discretion.
8. USE OF PROPERTY: Guest shall only use the Property as a temporary residence. The Property shall not be used to carry on any type of business or trade. Guest will comply with all laws, rules, ordinances, statutes and orders regarding the use of the Property including any HOA rules and regulations and CC&Rs.
9. QUIET ENJOYMENT: More than anything, we want you to make yourselves at home and have fun. In doing so, please be respectful of the neighbors in the surrounding area from loud voices or music, especially after dusk. Should it become apparent that you continue to disrupt the neighbors after a warning has been given, Guest and all other persons present will be asked to immediately vacate the rental Property, without recourse or refund of any Fees or the Security Deposit.
10. OWNER RESPONSIBILITY: The owners are not responsible for any accidents, injuries or illness that occurs while on the Property or its facilities. The Homeowners are not responsible for the loss of personal belongings or valuables of the guest. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the Property or others whom they invite to use the Property.
11. SUBLETTING PROHIBITED: IN NO EVENT WILL THE GUEST ASSIGN OR SUBLET THE RENTAL PROPERTY in whole or in part. Should it be discovered that the Property has been sublet or the rental assigned, Guest and all other persons present will be asked to immediately vacate the rental Property, without recourse or refund of any fees or the Security Deposit.
12. PLEASE REPORT ANY PROBLEMS RIGHT AWAY: If you discover any problems, damages or find the rental Property has been left unclean, call right away and report it. The phone number(s) will be posted in the website.
13. INVENTORY: Guest will be provided an Property inventory upon or prior to check-in and be responsible for verifying that each and every item listed on the inventory are present at the Property upon check-in. In the event Guest discovers an item listed on the inventory is not present, Guest shall immediately contact us. Upon check-out, the cost of any missing items shall be deducted from the Security Deposit. If the amount of missing item or items or damage to the property exceeds the amount of the security deposit, the guest agrees that these charges will be pre-approved to charge to the guests credit card or any other means available to the owner including but not limited to charged thru any website used to booking the reservation, etc. If the owner needs to hire an attorney to collect these fees, guest agrees to pay for all attorneys fees related to the collection of these amounts.
14. PROPERTY DESCRIPTION, PHOTOGRAPHS: Guest understands that this Property is privately-owned and the price, description or condition may change from time to time without notice. All photographs of the Property are for information purposes only and may be outdated, color-corrected, or no longer accurate.
15. SAFETY AND SECURITY: Guest is solely responsible for the safety and security of Guest’s own person as well as Guest’s possessions and the person and possessions of any other member of the rental party or a third party. Owner shall strictly not be liable for lost or stolen valuables.
16. LOST AND FOUND: We make every effort to locate lost items, but are not responsible for items left behind. We will return lost items only upon request. Items are sent C.O.D. and are subject to a Fifty U.S. Dollar and No/Cents ($50.00) minimum return fee plus additional shipping and handling, where applicable. Any item left more than thirty (30) days will be considered abandoned, and any firearms or weapons will be released to local law enforcement.
17. ENTERING THE PROPERTY: Though you will be given privacy, you agree and understand that we or our agents may enter the Property at any reasonable time to make any necessary repairs or conduct maintenance work or to inspect the property or to confirm the names and number of guests in the part or to respond to any complaints related to the property, or any other reasonable reason, etc.
18. REASONABLE AND ORDERLY CONDUCT is required by all Guests in the leased residence. guest holds owner and manager is free and harmless from any liabilities for any loss or damage whatsoever arising from, related to, or in connection with rental of the Property including, but not limited to, any claim or liability for personal injury or damage or loss of Property which is made, incurred or sustained by Guest (leaseholder) or Guests of Guest except only where such personal injury is caused by the negligent or intentional acts of the Owner.
19. INSURANCE COVERAGE REQUIRED: Guest agrees to have homeowner’s insurance and medical insurance in place prior to check-in to cover Guest and any members of the rental party or any third parties that are on or at the Property during the rental period. Guest agrees to file a claim with Guest’s own insurance carrier prior to filing a claim with any third-party carrier, such as any insurance provided by a rental agency, such as AirBnB. Guest agrees and acknowledges that Owner may not have insurance coverage that covers the rental and Guest and will not file any claim arising from or related to the rental with Owner’s insurance. Guest may be asked to provide proof of insurance prior to check-in, and may be denied check-in unless Guest can provide proof of the same.
20. REPAIRS: In the event that the Property requires repair or an item requirements replacement, we will do our best to make appropriate repairs and/or replacements as soon as possible under prevailing circumstances. It is the Guest's responsibility to immediately notify Owner of any issues that arise during their stay so that the repair and/or replacement may be promptly taken care of. Owner is not responsible for any inconveniences for which Owner has no immediate control of. These inconveniences may include, but are not limited to, the following: (i) breakdown of TV's, Jacuzzi, pool or pool equipment, and/or other recreational appliances or devices; (ii) power outages; (iii) adverse weather and/or road conditions; (iv) construction in the area; and (v) Areas that are not decorated and/or accommodated to Guest's individual tastes. We do not guarantee that repairs and/or replacement of non-emergency items will be made during the rental period. In no event will you be granted a refund, in whole or in part, of any fee paid related to or arising from the need for any repair and/or replacement, whether or not said repair and/or replacement was made during the rental period. Guest will be responsible for the cost of any repair related to the action of the guest or someone in the guests party.
21. RESERVATIONS, CHECK-IN/CHECK-OUT PROCEDURES
CANCELLATION POLICY: Reservations shall be subject to the following cancellation provisions with the Cancellation Date determined by the date the official cancellation request is received by the website of the original reservation (AIBNB, TripAdvisor, and/or (SENSITIVE CONTENTS HIDDEN), etc).. The official cancellation date is when the guest officially clicks on the cancel reservation button and officially cancels thru the website. Sending a message to the owner requesting a cancellation will not trigger the cancellation date:
If the official cancellation date is made more than sixty (60) days prior to the first day of the rental, fifty percent (50%) of Rental Fee will be refunded to the guest.
If the official cancellation date is made more than thirty (30) days prior to the first day of the rental, ten percent (10%) of Rental Fee will be refunded to the guest.
If the cancellation is officially made thirty (30) days or less prior to the first day of the rental, there will be no refund provided to the guest.
At the owners option, we reserve the right to have the option to offer the guest credit for the non-refunded amount for a stay that would have to occur within 2 months of the initial reservation.
If the cancellation is officially made on a second reservation, after there is an agreed upon credit from an initial reservation, there will be no refund provided to the guest from this second cancellation.
Both the owner and the guest agree that the cancellation policy described here in the house rules will supersede any other cancellation policy or rules by any website these rules might also exist on.
Both the owner and guest agree that if there is any conflict in any clause on these house rules and the website where these rules reside, the house rules will prevail and be valid and the website rules will be invalid.
No cancellation shall be accepted without a written confirmation by us of the cancellation. All cancellations are further subject to a non-refundable administration fee of One Hundred U.S. Dollars and No/Cents ($100.00.)
The Owner reserves the right to cancel the rental at any time and shall not be held liable for any damages of any sort incurred by Guest or any third party as a result of such cancellation. In the event we need to cancel a reservation, all fees paid, less any Agency Fees, shall be returned to you within fourteen (14) calendar days.
NO SHOWS: Should you fail to appear at check-in for any reason your rental payment shall be forfeited, in full.
CHECK-IN/CHECK-OUT: CHECK-IN TIME IS ON OR AFTER 4:00 P.M. UNTIL 9 P.M. LOCAL TIME ON THE FIRST DAY OF THE RENTAL; CHECK OUT TIME ON OR BEFORE 11 A.M. LOCAL TIME ON THE LAST DAY OF THE RENTAL. Check-in and check-out times are strictly enforced as they allow for the necessary maintenance providing quick-turn around for other arriving guests. Late check-in and check-outs may be permitted from time to time, in our sole and exclusive discretion, upon payment for an additional night.
HOLDOVER: We value you as a client, and respect your reservation as well as other clients reservation. In order to be able to maintain respect for all of our guests reservations, we have a Holdrover policy. In the event you or one or anyone associated with your rental party fail to check-out and vacate the Property you understand that you will be trespassing and may be subject to civil and criminal fines. For each day the Property is illegally heldover, you agree and acknowledge that you shall be responsible for the payment of a holdover nightly Rental Fee in the amount of Six Hundred U.S. Dollars and No/Cents ($1000.00) or the maximum legally allowed per night plus any and all associated fees, costs, our legal fees, and liabilities incurred by us related to or arising from the holdover.
22. RENTAL FEE: You will be charged a nightly or weekly Rental Fee for your use of the Property, payable in full at the time of reservation. Rental Fees may vary depending on the season and/or day of the week. We may change Rental Fees at any time in our sole and exclusive discretion. Current Rental Fees are set out on the Web site as well as at the point of sale.
23. AGENT FEE: In the event that guest makes their reservation via a rental agency or marketplace, such as (SENSITIVE CONTENTS HIDDEN), (SENSITIVE CONTENTS HIDDEN), or AirBnB, etc, you may be liable for the payment of an Agent Fee to said rental agency on top of the Rental Fee. Normally these are apparent when making the reservation.
24. SECURITY DEPOSIT: All rentals are subject to a refundable Security Deposit of Three Hundred Fifty U.S. Dollars and No/Cents ($350.00,) payable in cash or via the reserving website upon check-in to the owner or Property manager. This Security Deposit shall be refunded to Guest within 96 hours of check-out, less any charges. Guest agrees and understands that Guest shall be responsible for all charges above the Security Deposit and that all must be paid within thirty (30) days of demand for payment therefor. Guest also agrees that they will pay the delegated price for any items including but not limited to what is sent in the inventory list.
25. CLEANING FEE: All rentals are subject to a non-refundable Cleaning Fee of up to Two hundred and thirty-five U.S. Dollars and No/Cents ($235.00,) payable at the time of the rental booking.
26. LOST KEY FEE: A One Hundred U.S. Dollar and No/Cents ($100.00) non-refundable fee will be charged to any Guest for the failure to return any and all keys or garage door remotes. Such charge shall be deducted from the Security Deposit.
27. HOT TUB FEE: Any use of the hot tub shall incur an additional, non-refundable One Hundred U.S. Dollar and No/Cents ($100.00) Hot Tub Cleaning Fee as well as a Hot Tub Heating Fee of Fifteen U.S. Dollars and No/Cents ($15.00) per night of your rental. Daily use of the swimming pool heat pump has a daily fee of $30 per night of your rental.
28. MISCELLANEOUS FEES: Miscellaneous fees may be charged for smoking, pets, and other incidents as set forth in this Agreement.
29. RESTRICTIONS ON USE
FIREPLACE: Due to insurance constraints the fireplace and wood-burning stove are decorative only and are NOT to be used under any circumstances. Please do not throw any paper or other combustible materials in the fireplace or wood-burning stove.
ALCOHOL: Alcohol is allowed anywhere on the Property by persons aged twenty-one (21) years and older. IN NO EVENT SHALL A MINOR BE PERMITTED TO CONSUME ALCOHOL ON THE PROPERTY. Should it be discovered that a minor has consumed alcohol on the Property Guest and all other persons present will be asked to immediately vacate the rental Property, without recourse or refund of any fees or the Security Deposit.
DRUGS: The use of illegal drugs at the Property is strictly prohibited. Should it be discovered that a person has consumed drugs while at the Property or has drugs on the premises, Guest and all other persons present will be asked to immediately vacate the rental Property, without recourse or refund of any fees or the Security Deposit.
EATING & DRINKING: Please be respectful of the furniture and avoid eating or drinking on or in the furniture and pool. Any and all stains caused by food and beverage spills shall be deducted from your Security Deposit. In no event shall you use glass or breakable food and beverage containers in or near the furniture. In the event that a glass is broken in the pool, guest agrees and understands that the guest shall be responsible for the draining, cleaning, refilling of the pool, and any and all loss of rent to the owner at guest's own expense.
USE OF GRILLS: Grilling is permitted only where the provided grills are located. Open flames and bonfires are strictly prohibited.
NO PETS: ABSOLUTELY NO PETS INSIDE OR OUTSIDE of the rental Property are allowed with the exception of registered “Seeing Eye" dogs, without owners permission. If a pet is discovered, the Guest will be asked to immediately vacate the rental Property, without recourse or refund of any Rental Fees or the Security Deposit. In the event that a pet is thought to have been on the Property a non-refundable, deep-cleaning fee of Two Hundred U.S. Dollars and No/Cents ($200.00) may be charged if our professional housekeepers trained to observe signs of pets determine that an animal was on the Property. Additional costs may be incurred if the Property is be taken out of service overnight in order to ensure proper cleaning or if further reservations are affected. Such charge shall be deducted from the Security Deposit. This clause can be waived or partially waved by the owner and the owners sole discretion.
NO PARTIES: PARTIES ARE STRICTLY PROHIBITED under any and all circumstances. The rental is for families only and strictly forbids house parties, renting to groups, parties, young adults, minors or undergraduates. In no event shall more than six (6) be on the Property at a time without the Owner’s express, written permission. Should it be discovered that a party occurred or this maximum number of persons was at the Property Guest and all other persons present will be asked to immediately vacate the rental Property, without recourse or refund of any fees or the Security Deposit.
LOCKED AREAS: Areas that are locked, such as Owner's personal storage spaces, for which Guests are not provided a key, are strictly off limits to the Guest. Any attempt to enter locked areas is cause for immediate termination of this Agreement and forfeiture of all monies paid, including the Security Deposit. Furthermore, Guest will be liable for any damage and/or missing items from the storage space.
SMOKING: Smoking is not allowed on the Property, including outdoors. In the event that a Guest smokes on the Property a non-refundable, deep-cleaning fee of Seven Hundred Fifty U.S. Dollars and No/Cents ($750.00) (or the maximum amount legally allowed) may be charged if it is suspected that smoking has occurred, at the sole discretion of the owner. Additional costs may be incurred if the Property is be taken out of service in order to ensure proper cleaning or if further reservations are affected. We appreciate guest cooperation in ensuring that our guests and employees are not subject to second-hand smoke. Such charge shall be deducted from the Security Deposit and/or charged to the guest via the website where the guest booked. If the amount charged exceeds the deposit, the guest will pay for all costs involving in the collection of this debt, including but not limited to legal fees.
30. HOUSEKEEPING, LINENS: There is no daily housekeeping service. Guests are expected to clean up after themselves and keep the Property tidy. While linens, blankets, pillows, bath towels, hand towels and washcloths are sometimes provided, daily maid service is not included in the rental rate. Linens and towels are not to be taken from the Property; therefore, should you require a beach towel you should make arrangements to bring one from your home. Though we try to supply our guests with an ample supply of towels and linens, you may need to launder the towels and linens on an as-needed basis during your stay.
31. FURNISHINGS: The Property is furnished and equipped by the Owner to owner's taste and all furnishings are expected to be in their original location upon check-out. Please do not move the furniture. Guest shall be responsible for providing food, toiletries, personal supplies, etc. for all members of the rental party.
32. CHILDREN; CRIBS, HIGHCHAIRS AND OTHER INFANT EQUIPMENT: The Property is child-friendly, which means we allow kids. It does not mean that the Property is child-proof. Please be careful, and ensure that your children are safe. In particular, children are not allowed in the backyard, near the hot tub, or on the deck without close supervision by a responsible adult. The provision of cribs, highchairs, and other infant equipment are the responsibility of the Guest.
33. USE OF APPLIANCES: You may use any and all appliances at the Property for their intended use only. Please do not move or unplug any appliances.
34. FIREARMS: Firearms are not permitted on the Property.
35. HOT TUB: Only Guests and members of the rental party who are aged sixteen (16) years and older may use the hot tub. Please shower before use and do not put oils, lotions or any fragrance in the hot tub, as it will clog the filter and make the water dirty and cloudy. Please close the cover when not in use. Please use only the towels designated for the use at the hot tub, and not the bath towels. Please do not add water to the hot tub. Please note that the hot tub is not a swimming pool or a babysitter. CHILDREN ARE NOT ALLOWED TO ENTER THE BACKYARD WITHOUT ADULT SUPERVISION. If children are allowed in hot tub, they must be monitored by an adult at all times, and we strongly encourage limiting their use to no more than twenty (20) minutes. Additionally, using the hot tub as a swimming pool causes water to splash out of the tub onto electrical components as well as decreasing the water in the hot tub, causing costly damage.
In consideration for the utilization of the hot tub you, as well as each member of your rental party, further understand and agree as follows:
1. You are responsible for checking water quality before use. We provide test strips and chemicals for the hot tub. Please ensure that the water is balanced and properly disinfected. We regularly clean the hot tub and disinfect the water, but since there is no manager on site, we ask that you check the hot tub before use. USE OF THE HOT TUB AND POOL IS AT YOUR OWN RISK!
2. To the best of Guests knowledge, you are physically sound and have medical approval by your doctor to participate in physical exercise activities of the type normally engaged in a voluntary health & fitness facility and for usage of a hot tub and pool.
3. Guest understands and agree that you are responsible for learning how to use the equipment properly and safely. You agree to refrain from using equipment that you determine to be defective or in need maintenance or repair. Should any equipment be in a state of disrepair, you will alert Owner in lieu of using said equipment.
4. Guest understands that by ordering the use of the hot tub, you are assuming financial responsibility of the hot tub for any and all usage, breakage, and/or abuse of the policies during your stay. This could include an additional cleaning charge and/or water replacement fee and any/all additional fees for extraordinary maintenance and/or repair incurred by Owner in order to restore the tub after your stay.
5. Guest understands that Owner reserves the right to change or cancel the continued availability of the hot tub and pool without prior notice to any guest for issues related to its care, maintenance, and/or safety. No lease, license or bailment is created by the use of the hot tub.
6. Owner is not liable for any loss or damage to my Property arising out of or related to your use of the hot tub or for any personal injury or other damages arising out of or related to your use of the hot tub, including but not limited to damage to clothing and jewelry, lost items, such as rings or earrings, skin rashes, eye infections, heat-related injuries, and other infections or illnesses.
DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION
DISCLAIMERS, LIMITATIONS OF LIABILITY: (A) YOU AGREE THAT THE RENTAL AND USE OF THE PROPERTY, INCLUDING ALL APPLIANCES, FURNISHINGS, HOT TUB, AND OTHER FEATURES OF THE PROPERTY IS AT YOUR SOLE RISK. (B) WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE PROPERTY, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE AGAINST INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS RENTAL AGREEMENT. (C) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, PERSONAL INJURY OR DEATH, PROPERTY DAMAGE, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ARISING OUT OF OR RELATED TO THE PROPERTY OR THIS RENTAL AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
INDEMNIFICATION: YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ALL CLAIMS, SUITS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF OR RELATED TO (A) YOUR USE AND/OR RENTAL OF THE PROPERTY; AND (B) YOUR NONCOMPLIANCE WITH OR BREACH OF THIS RENTAL AGREEMENT. YOU FURTHER AGREE TO PAY FOR ANY LOSS, BREAKAGE, OR DAMAGE TO THE SATISFACTION OF THE OWNER OTHER THAN NORMAL WEAR AN TEAR. YOU FULLY UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO LEAVE THE RENTAL PROPERTY IN A DAMAGE-FREE CONDITION AND WILL BE RESPONSIBLE FOR ANY DAMAGES THAT OCCUR AS A RESULT OF THE RENTAL.
GOVERNING LAW; ARBITRATION; ATTORNEYS’ FEES
36. GOVERNING LAW: This Rental Agreement shall be governed and construed in accordance with the laws of the state of Texas without regard to its conflicts of law provisions. Guest and guests party all agree to submit to the personal jurisdiction of the courts located in Montgomery County, Texas, and any cause of action that relates to or arises from this Agreement and/or the rental must be filed therein unless subject to the binding arbitration provisions set forth below.
37. ARBITRATION: The Parties agree that any dispute concerning, relating, or referring to this Rental Agreement, the rental, and/or the Property shall be resolved exclusively by binding arbitration in accordance with the substantive laws of the state of Texas and shall be brought for arbitration in Montgomery County, Texas, pursuant to the rules of the American Arbitration Association. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Nothing herein prevents either Party from seeking any interim injunction it deems necessary in order to preserve the status quo prior to the resolution of any dispute, in any jurisdiction. By agreeing to this provision, the Parties waive their right to a class action and trial by jury.
38. ATTORNEYS’ FEES: Should any of the terms of this Agreement be breached by Guest, resulting in legal action on the part of the Owner against Guest or any member of the rental party or third party, and the Owner prevails in court or a settlement is reached, the Owner shall be entitled to collect from Guest all costs of said legal action including but not limited to, attorneys’ fees and costs.
39. AUTHORITY: Each Party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such Party and enforceable in accordance with its Terms.
40. WAIVER: Any waiver of a right under this Agreement shall only be effective if agreed or declared in writing. A delay in exercising a right or the non-exercise of a right shall not be deemed a waiver and shall not prevent a Party from exercising that right in the future. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.
41. FORCE MAJEUR : Owner shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of God or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us, including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.
42. ASSIGNMENT: Owner shall have the right to assign and/or transfer this Rental Agreement and our rights and obligations here-under to any Third Party after notifying you as provided for herein. Guest agrees and acknowledge that guest shall not assign or transfer your rights or sub-contract or delegate the performance of any of your obligations under this Rental Agreement without our prior written consent in our sole and exclusive discretion.
43. RIGHTS OF THIRD PARTIES: This Rental Agreement does not give any right to any Third Party unless explicitly stated herein.
44. SEVERABILITY: If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
45. NOTICES: Except as explicitly stated otherwise, any notices to us shall be given by postal mail to RSRS, LLC, 8153 Tranquil Lake Way, Conroe, TX 77385. In the case of any Guest, any notices shall be given to the email address you provide to us upon rental booking or messaging directly thru the website where the reservation was made. Notice shall be deemed given twenty-four (24) hours after said email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us upon rental booking. In such case, notice shall be deemed given three (3) days after the date of mailing.
46. ARIZONA’S INN KEEPER STATUTES: The rental shall be governed by the Arizona’s Inn Keeper statutes A.R.S. § 33-301, et seq and not the LLTA.
47. The rental term shall not exceed 29 days. If the term of reservations is greater than 29 days, then this will renew every 29 days, up until the day the reservation ends. The agreement will therefore terminate on the day the reservation ends.
48. Non-Disparagement. During the Guest's stay and thereafter, guest agrees to take no action which is intended, or would reasonably be expected to harm the RSRS, LLC or R Scott Rosenblum, or its or their reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to the Owner. Each violation of this provision by the guest will result in liquid damages of $750 (seven hundred and fifty dollars) or the legal maximum per day that the violation exists.
49. Chargeback Abuse Policy
Purchases will appear on your credit/debit card statement as thru the website booked or as RSRS, LLC. Guest agrees not to file a credit card or debit card chargeback with regard to any rental or other fees and instead abide by the dispute resolution procedures outlined below. In the event that guest breach's this agreement and file a chargeback, upon a resolution in our favor of the chargeback by either the credit card issuing bank, the credit card processor or by VISA or MASTERCARD, guest agrees to reimburse us for any costs incurred in researching and responding to such chargeback, including without limitation, owner's actual costs paid to the credit card processor or our banks, other third parties, and the reasonable value of the time of our employees and owners spent on the matter, as determined in our discretion in good faith. You further agree that all dispute resolution procedures below will be deemed waived by guest, and that these amounts will be added to the original amount of the order, and that this total amount will then be immediately due and payable. If guests's chargeback is upheld, you agree to pay all of the same costs, in addition to the original purchase price, but owner will use the dispute resolution procedures below to confirm and collect such amounts.
In the event that a chargeback is placed or threatened on any rental fees or other fees, we also reserve the right to report the incident for inclusion in chargeback abuser database(s) of our choosing and in our sole discretion. The information reported will include name, email address, order date, order amount, IP address, full address, and phone number. Being listed on such databases may make it more difficult or even impossible for guest to use (any of) your credit card(s) on future purchases with us or other merchants. Chargeback abusers wishing to be removed from the database shall make payment to us for any outstanding amount owed to us + $150 for processing and handling by wire transfer or such other means as we may require.
Addendum Arizona Code
33-951. Lien on baggage and property of guests
Hotel, inn, boarding house, lodging house, apartment house and auto camp keepers shall have a lien upon the baggage and other property of their guests, boarders or lodgers, brought therein by their guests, boarders or lodgers, for charges due for accommodation, board, lodging or room rent and things furnished at the request of such guests, boarders or lodgers, with the right to possession of the baggage or other property until the charges are paid.
33-952. Sale of property; notice
A. When baggage or other property comes into the possession of a person entitled to a lien as provided by section 33-951 and remains unclaimed, or the charges remain unpaid for a period of four months, the person may proceed to sell the baggage or property at public auction, and from the proceeds retain the charges, storage and expense of advertising the sale.
B. The sale shall not be made until the expiration of four weeks from the first publication of notice of the sale, published in a newspaper once a week for four consecutive weeks. The notice shall contain a description of each piece of property, the name of the owner, if known, the name of the person holding the property, and the time and place of sale. If the indebtedness does not exceed sixty dollars, the notice may be given by posting at not less than three public places located at the place where the hotel, inn, boarding house, lodging house, apartment house or auto camp is located.
C. Any balance from the sale not claimed by the rightful owner within one month from the day of the sale shall be paid into the treasury of the county in which the sale took place, and if not claimed by the owner within one year thereafter, the money shall be paid into the general fund of the county.