These Terms and Conditions, as may be amended from time to time, apply to all our services directly or indirectly made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our website or any of our applications through whatever platform (hereafter collectively referred to as the “website”) and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the Terms and Conditions set out below.
These pages, the content and infrastructure of these pages, and the online reservation service provided on these pages and through the website are owned, operated and provided by LUXJB.COM and are provided for your personal, non-commercial use only, subject to the Terms and Conditions set out below.
The rental contract (“Agreement”) is a legal agreement between LUXJB LLC, (referred to herein as “LUXJB” or “Host”) and You, the RENTER (referred to herein as“RENTER” or “Guest”). This Agreement is entered into as of the date when the RENTER places the reservation and the LUXJB accepts the reservation. This Agreement applies to RENTER as well as all of RENTER’s associates, vendors, invitees, contractors, and all other persons whatsoever who enter the PROPERTY during the rental period, by, for or at the request of RENTER or due to any acts or omissions by RENTER. Now, therefore, for good and valuable consideration received, the parties agree to the following terms and conditions:
PAYMENT TERMS : 100% due at booking.
***ACCEPTANCE OF RESERVATION AND/OR PAYING THE INVOICE MEAN, RENTER agrees to the terms & conditions published on www.luxjb.com
CANCELLATION POLICY : SUBJECT TO TERMS BELOW.
- TERMS AND CONDITIONS: As set forth above, RENTER agrees that it will not cause the number of occupants at the PROPERTY during the rental term (commencing at the time of check-in and ending at the time of check-out, as defined above) to exceed individuals stated in the rental contract at any time. Any violation of these terms, which are material conditions of this contract, shall be a basis for immediate termination of this contract, and RENTER’s forfeiture of all payments made towards the Rental Fee. By requesting to book the PROPERTY through any booking platform (e.g., Airbnb, Vrbo), or by paying any invoice from LUXJB, RENTER agrees and acknowledges its intent to be bound by the terms of this contract. RENTER agrees to abide by the Los Angeles City’s Home-Sharing Code of Conduct.
- PAYMENT DUE: RENTER agrees that it will pay the full balance of the Rental Fee (as described above) which will be invoiced at the time of booking. If RENTER fails to pay the amount due within this time period, LUXJB may cancel the reservation without notice. LUXJB will have no obligation to return any amounts paid by RENTER.
- CANCELLATION POLICY: Should RENTER wish to cancel the booking or any extra services (g., chef, pool heating, house-keeping service, etc.) notice of cancellation must be in writing, which can be made via e-mail at firstname.lastname@example.org and said notice must be made and received at least 90 days prior to check in date. If cancellation notice is received more than 90 days in advance of arrival date, LUXJB will refund the entire Rental Fee less 5%, which shall constitute a processing fee. If the cancellation notice is received less than 90 days prior to the arrival date, RENTER will forfeit the total Rental Fee and LUXJB will have no obligation to return any amounts paid. LUXJB will also be entitled to any other applicable amounts or charges set forth under this contract.
- NO-SHOW POLICY: In the event that the RENTER does not check in within 24 hours after the agreed-upon check-in time and fails to provide notice of delay, LUXJB reserves the right to consider the reservation canceled. In such cases, the contact will be terminated and LUXJB may choose to rent the PROPERTY to other individuals. RENTER will forfeit the total rental fee and any extra service fees (e.g., chef, pool heating, house-keeping service, etc.) and LUXJB will have no obligation to return any amounts paid. LUXJB shall not be held responsible for any costs or losses incurred by the RENTER due to the cancellation.
- RESERVATION TRANSFERS: RENTER may not transfer or assign their rights or obligations in this contract, and RENTER must be present during the entire Rental Term.
- EARLY DEPARTURE: There are no refunds for early departure.
- WEATHER CONDITIONS, HURRICANES, STORMS, ACTS OF GOD, PANDEMICS, GOVERNMENT ACTIONS, FORCE MAJEURE: RENTER assumes the risks of any and all causes that may require the RENTER to cancel his/her reservation. There are NO REFUNDS for any occurrences whatsoever, whether natural, man-made, or other, including but not limited to, tornadoes, hurricanes, storms or other weather conditions, pandemics, biological outbreaks, any governmental actions of any sort, Acts of God, armed conflicts, or civil disturbances. The list is illustrative only and does not constitute an exhaustive list of occurrences that may cause a RENTER to cancel. Optional travel insurance is highly recommended for RENTER’S protection through a third-party provider. In the event any occurrence results in the cancellation of the booking by RENTER, LUXJB will not be held responsible for the RENTER’s cancellation nor for the refunding of any payments. LUXJB will also not be held responsible for reimbursement of payments from other services that the RENTER has hired. If any occurrence results in the RENTER being unable to leave the PROPERTY (e.g., due to inclement weather or a government lockdown), RENTER will be charged a minimum of $2,500+tax+fees for each night the RENTER stays at the PROPERTY. However, this shall not constitute a waiver of LUXJB’s right to retake possession of the PROPERTY upon demand.
- TERMINATION OF CONTRACT: LUXJB reserves the right to terminate this contract, before or after RENTER’s check-in and during the Rental Term, if the RENTER or any associated individuals, vendors, visitors potentially planning to occupy or enter the PROPERTY, fail to comply with the conditions outlined herein or any applicable laws, including, but not limited to, ordinances or governmental orders in effect at the time. In such instances, the RENTER will forfeit the total rental fee and any additional service fees. Any disputes arising under this contract shall be adjudicated in the jurisdiction where the PROPERTY is located. The RENTER shall be held liable to LUXJB for any legal fees, court costs, and other expenses associated with enforcing this contract or collecting all fees and expenses arising hereunder. RENTER acknowledges that in the event LUXJB has reasonable grounds to believe that the terms of this contract are being violated or that any unlawful conduct is occurring at the PROPERTY, LUXJB retains the right to terminate this contract before or after the RENTER’s check-in and immediately enter and inspect the PROPERTY at any time during RENTER’s stay. Furthermore, LUXJB reserves the right to deploy its representatives or a licensed Patrol officer to enforce the terms of this contract, including issuing warnings, fines, and demanding that RENTERS vacate the PROPERTY if deemed warranted.
RENTER acknowledges that in the event LUXJB has reasonable grounds to believe that the terms of this contract are being violated or that any unlawful conduct is occurring at the PROPERTY, LUXJB retains the right to terminate this contract before or after the RENTER’s check-in and immediately enter and inspect the PROPERTY at any time during RENTER’s stay. Furthermore, LUXJB reserves the right to deploy its representatives or a licensed Patrol officer to enforce the terms of this contract, including issuing warnings, fines, and demanding that RENTERS vacate the PROPERTY if deemed warranted.
RENTER agrees that use of PROPERTY for any unlawful purpose including but not limited to the possession, serving, or consumption of alcoholic beverages by persons less than 21 years of age, parties, gatherings and other events conflicting with the provisions of this contract are prohibited and constitute a breach of this contract. RENTER shall be liable for any special, indirect, incidental, consequential or punitive damages arising from the breach of this contract, including, without limitation, economic damages or lost profit. Should RENTER or any other occupants violate the terms of this contract, RENTER agrees to vacate the PROPERTY immediately upon demand. RENTER also agrees that a refusal to vacate the PROPERTY constitutes trespassing and that LUXJB’s representatives and local law enforcement agencies may enter the PROPERTY and remove RENTER, all occupants, and their belongings from PROPERTY. In such case, RENTER forfeits all monies paid. In addition, LUXJB may impose fines in the amount of the damage incurred, and such fines may be applied against the Security Deposit, without limiting LUXJB’s right to collect any additional damages from RENTER.
Any termination of this contract shall not affect or constitute a waiver of LUXJB’s rights or RENTER’s obligations hereunder or any damages to the PROPERTY nor LUXJB’s rights to recover any damages or pursue any legal claims as described herein, all which shall survive any termination of this contract. Unless otherwise specified herein, in the event of termination LUXJB shall be entitled to keep the full amount of any payment made for accommodation at the PROPERTY (regardless whether the Rental Term has expired) in addition to any other rights or remedies prescribed hereunder.
- SUBLETTING: RENTER is not authorized to let or sublet any part or all of the PROPERTY nor assign any rights in this contract. Any assignment or subletting shall constitute a breach of this contract.
- SECURITY DEPOSIT: LUXJB reserves the right to adjust the security deposit without limitation after reservation confirmation, under the circumstances where the RENTER requests additional services from LUXJB and/or LUXJB reasonably believes that the RENTER may violate the terms of this contract, posing a potential threat of damage to the PROPERTY. If the Renter fails to pay the adjusted security deposit 48 hours prior to RENTER’s check-in, LUXJB reserves the right to terminate this contract without any refund at any time.Provided that there are no damages associated with or arising out of RENTER’s stay at the PROPERTY, or any breaches or violations of this contract, RENTER’s Security Deposit will be refunded following an adequate opportunity by LUXJB to inspect the PROPERTY. Depending on RENTER’s card issuer’s policies and the manner of payment, it may take up to 21 business days for the refund to be reflected in RENTER’s card balance. RENTER agrees that the Security Deposit may be used to cover any additional cleaning costs that may be required as a result of RENTER’s stay at the PROPERTY as well any repairs to the PROPERTY or any damage (e.g., scratches, stains on the walls or furniture, damage to tables, inoperative sinks, etc.) caused by RENTER or any of their associates, vendors, invitees, contractors, or other persons who enter the PROPERTY during the Rental Term. Should any personal property be missing from the PROPERTY following the Rental Term, RENTER agrees that the full replacement cost for such items will be deducted from RENTER’s Security Deposit and any remaining balance may be pursued directly against RENTER and charged against RENTER’s payment method on file with LUXJB. If the Renter fails to pay the security deposit 7 (seven) days prior to RENTER’s check-in, LUXJB retains the right to terminate this contract without any refund at any time.
LUXJB reserves the right to adjust the security deposit without limitation after reservation confirmation, under the circumstances where the RENTER requests additional services from LUXJB and/or LUXJB reasonably believes that the RENTER may violate the terms of this contract, posing a potential threat of damage to the PROPERTY. If the Renter fails to pay the adjusted security deposit 48 hours prior to RENTER’s check-in, LUXJB reserves the right to terminate this contract without any refund at any time.
- DAMAGES: RENTER agrees to keep all aspects of the PROPERTY, including the house, furniture and furnishings in good working order and clean condition. Removing, adding or changing furniture without LUXJB’s written approval shall be deemed a material breach of this contract, and is strictly prohibited. RENTER is responsible for the full replacement cost of any furniture damaged on the PROPERTY and replacement of missing items. Under no circumstances can any furnishing be taken outside the PROPERTY (including into the garage). All furniture must be returned to its original location on RENTER’s departure. RENTER will be charged for any missing items reasonably attributable to RENTER and not returned after notification.
RENTER shall be liable for any physical damage, legal action, and/or loss of reputation or business opportunities that LUXJB may incur as a consequence of the actions of RENTER or RENTER’s associates, vendors, visitors, contractors, and all other persons whatsoever who enter the PROPERTY during the Rental Term, including while RENTER is occupying or in possession of the PROPERTY, and agrees to defend, indemnify, and hold LUXJB harmless from any costs, claims or damages arising therefrom. RENTER shall also be liable for all special, indirect, incidental, consequential and punitive damages arising from any breach of this contract, tort or other conduct relating to the PROPERTY during the Rental Term or otherwise caused by or relating to this contract or RENTER’s obligations hereunder. If, as a result of RENTER’S damage to the PROPERTY, LUXJB has tocancel future reservations and/or is unable to accommodate future RENTERs, RENTER shall be liable for any damages and lost profits to LUXJB associated therewith. Until allrepairs are completed, RENTER agrees it will be charged $2,500+tax+fees for each day until the PROPERTY is repaired and in its former condition and ready to accommodate newRENTERs. If alternative accommodations are required for RENTERs that previously booked the PROPERTY for use and cannot use the PROPERTY as a result of repairs required or damage to the PROPERTY, which may be determined at the sole discretion of LUXJB, RENTER agrees it will be liable and charged for the cost of securing alternative accommodations for those RENTERs of equal value to the PROPERTY.
Acknowledging that unpleasant odors may impact the comfort of future RENTERs and LUXJB’s capacity to lease or promote the PROPERTY, the RENTER agrees to be held liable for any unpleasant smell resulting from the RENTER’s stay. In particular, RENTER must turn the hood vent on every time they cook. The Security Deposit may be charged for the cost of remediating any unpleasant cooking odor or bad smell remaining on the PROPERTY at the time of check-out.
- PAYMENT OF DAMAGES: In the event of any damages, LUXJB is hereby authorized to charge RENTER for the cost of the damages, by using the RENTER’s credit card or payment method on file with LUXJB.
- RENTER’S COMMUNICATION AND NOTIFICATION RESPONSIBILITIES: RENTER is responsible for timely communication and notification both prior to check-in and during their stay. In the event of persistent and unresponsiveness from the RENTER, defined as the failure to respond to phone calls, emails or text messages within a reasonable timeframe, LUXJB reserves the right to terminate the contract and cancel the reservation without any refund prior to RENTER’s check-in or during RENTER’s stay. LUXJB will make reasonable attempts to contact the RENTER and provide a warning regarding the communication issue. If the RENTER fails to rectify the communication lapse within specific timeframe of receiving the warning, LUXJB may terminate the contract without any refund. In such cases, any payments made by the RENTER will be not refunded in accordance with the cancellation policy outlined in this contract. LUXJB shall not be held responsible for any costs or losses incurred by the RENTER due to the cancellation.
Upon arrival, RENTER agrees to examine the PROPERTY, and all furniture, furnishings, appliances, fixtures, and landscaping, if any, and shall immediately report within 2 hours of arrival any issues to LUXJB. If any items in the home are not in operating condition or in disrepair that should also be reported within 2 hours of RENTER’s arrival to the PROPERTY to LUXJB. Should RENTER fail to report any condition, it will be determined that the PROPERTY and all items thereon are in good working condition upon RENTER taking possession. RENTER also agrees to address any housekeeping concerns at time of check-in. Failure to do so will release LUXJB from any responsibility in addressing these concerns during RENTER’s stay. RENTER agrees to immediately notify LUXJB of any occurrence of damage to the PROPERTY or adjacent properties and to take reasonable measures to mitigate all damage. RENTER is not permitted to hire any company or person to repair any item of damage unless RENTER receives prior approval in writing from LUXJB. Hiring a person or company to repair damages without LUXJB’s permission is grounds for immediate termination of the contract without return of the Rental Fee and the security deposit.
- ALTERATIONS: RENTER is not permitted to alter or install any improvements in the PROPERTY which may cause, without limitation, any holes in any walls, floors or ceilings. Further, RENTER can only move furniture weighing more than 20 (twenty) pounds with LUXJB’s prior written consent.
- ALCOHOL AND ILLEGAL SUBSTANCES: RENTER is solely responsible for any alcohol consumed at the PROPERTY. All inebriated guests may only leave if a sober guest, taxi or ride share is driving them. Additionally, no alcohol served during the RENTER’s event is to be consumed outside of the PROPERTY. Inebriated guests shall never be served alcohol. No illegal substances are allowed at the PROPERTY. If found to be present, RENTER will be asked to dispose of them immediately. Failure to cooperate will result in immediatetermination of the contract.
- CHECK IN AND CHECK OUT: Unless a different time is agreed to by LUXJB, check-in shall be at 4:00 pm with a grace period until 4:30 pm and check-out shall be at 10:00 am. RENTER shall notify LUXJB if they anticipate check in will occur after 4:00 pm and/or check out will be earlier than 10:00 am.
The RENTER is obligated to promptly notify LUXJB of any delays regarding the check-in time, providing notice at least 24 hours prior to their scheduled arrival. In the event that the RENTER fails to check in at the agreed-upon time, the LUXJB executive reserves the right to vacate the PROPERTY temporarily and may not return for a specified duration. Consequently, the RENTER shall be precluded from checking in and completing the walkthrough process until the LUXJB executive resumes their presence.
LUXJB executive meets and greets RENTER at check in. Check-in will be administered as follows:
- A walkthrough is required at check in together by LUXJB and RENTER.
- RENTER must be present during check-in to receive the keys.
- Passport or driver’s license is mandatory for check-in. The information on occupants’ IDs must correspond to the occupants’ names as stated in the contract. (Page 9)
- Any reservation determined to have been obtained under false pretenses will result in the denial of check-in privileges. If deceptive or misleading information, including the use of an invalid payment method, credit card, or identification, was employed to secure the reservation, access to the accommodation will not be permitted. Such actions may, at the discretion of LUXJB, lead to the cancellation of the reservation and termination of the rental contract, either before and/or after the RENTER’s check-in, without any refund.
- In the rare event the PROPERTY is not ready for check-in by 4:00 PM for reasons including but not limited to damages caused by prior RENTERS, LUXJB will advise RENTER at check-in time, however, no refunds will be issued.
- RENTER must not attempt to check-in or visit the home prior to notification that the home has been cleared for check-in.
CHECK OUT: RENTER must meet with LUXJB to complete RENTER’s check out from the Property. Disregarding check out time may result in the application of charges against the security deposit. A $500 fee will be charged for each hour (or portion thereof) past the required check-out time and RENTER will be liable for any additional damages incurred, including, but not limited to, the cost of supplying alternative accommodations for arriving RENTERs. LUXJB reserves the right to retain RENTER’s security deposit if RENTER fails to meet with LUXJB at the time of check out. RENTER also agrees that RENTER’s failure to meet with LUXJB at the time of check out will result in RENTER’s forfeiture of any right to dispute any additional charges incurred by RENTER. RENTER is to leave the PROPERTY in the same condition it was in at the time of check-in. Renter to comply with the following:
- Refrigerator should be left clean and free of perishable food.
- The security deposit may not be refunded in the presence of unpleasant odors or bad smells at the time of check-out, including evidence of smoking or vaping.
- RENTER must leave keys, garage openers, and/or parking passes on the kitchen counter.
A check-out cleaning fee will be included in RENTER’s final invoice which shall cover a standard cleaning only. If the PROPERTY is left in poor condition and additional housekeeping is required, additional cleaning fees will be charged to RENTER’s credit card on file at the rate of $250 per hour of time required to complete the clean-up.
If RENTER is not present when cleaning crews arrive and have left their possessions in the house, cleaning crews will collect their possessions and remove them from the PROPERTY in order to prepare the unit for incoming RENTERS. RENTER agrees that LUXJB shall have no liability for any items of personal property left in the PROPERTY upon or following check-out or in the event that any such items are lost or discarded by any cleaning crew.
Early check-in and late check-out requests cannot be guaranteed and must be pre-approved in writing by LUXJB. If RENTER would like to check in earlier than 4 pm or check out after 10 am, depending on PROPERTY’s availability LUXJB can grant RENTER’s request with an additional fee. (LUXJB will confirm cost upon request). This will be required to take place after RENTER’S initial booking. To secure a late checkout or early check in, RENTER must notify and send LUXJB an e-mail immediately after booking, for LUXJB to modify the reservation.
- PARTIES, EVENTS ARE NOT ALLOWED: RENTER must be at least 21 years of age to book this PROPERTY. Prom parties, fraternity or sorority parties and graduation parties are not allowed at any time on the PROPERTY. Any special occasions such as cocktail parties, engagement parties, meetings, conferences, workshops, soft events, receptions, family reunions or which may result in an increase in occupants beyond the occupancy limits prescribed herein must be disclosed at the time the reservation is made and is subject to LUXJB’s advance written approval. Any special occasion, gathering, or event conducted on the PROPERTY without LUXJB’s prior written permission is grounds for immediate termination of the contract without refund for the remaining rental days. If RENTER seeks permission to conduct a gathering as specified herein and it is approved by LUXJB, LUXJB reserves the right to demand that the Security Deposit be increased to $20,000 as a condition of approval and the right to charge an increased Rental Fee. If LUXJB learns that a gathering as specified herein was conducted without LUXJB’s prior written permission, RENTER agrees it will be charged an additional $5,000 event fee for each hour increment any event or group gathering was held on the PROPERTY without permission.
RENTER is not permitted to do any of the following while on the PROPERTY during the Rental Term: use any glitter, confetti, silly string, which might result in substantial clean-up or damage any appliances, electrical systems or cause damage to the PROPERTY. RENTER is further not permitted to use staple guns, duct tape, masking tape, packing tape or any item that would cause damage to the walls, windows or paint on the PROPERTY. RENTER is also not permitted to anything with an open flame on the property. (Excepting any stoves and BBQs delivered with possession of the property).
- COMMERCIAL PHOTO, VIDEO SHOOTING IS NOT ALLOWED: RENTER may not use any part of the PROPERTY, including, without limitation, the house, gardens, garage, or street for the purpose of having a video or a photo shoot, without the prior knowledge of LUXJB and written permission prior to booking. Any video or photo shoot conducted without LUXJB’s prior written permission is grounds for immediate termination of the Rental contract without refund for the remaining rental days. Renter will also be charged three times of the amount of the booking total for every day that any unpermitted photoshoot or video shoot is held. If RENTER seeks permission to conduct a shoot as specified herein and it is approved by LUXJB, LUXJB reserves the right to demand that the Security Deposit be increased to $10,000 as a condition of approval and the right to charge an increased Rental Fee.
- CATERERS, PRIVATE CHEFS, VENDORS ARE NOT ALLOWED: LUXJB offers Private Chef, Catering and Valet Parking Services. RENTER agrees to fulfill any additional service requests including but not limited to housekeeping, rental equipment, private chef, catering, and valet services via LUXJB and not to permit any third parties onto the PROPERTY for purposes of providing these services. Should RENTER wish to use his/her own vendors, these must be pre-approved in writing by LUXJB. In no case should RENTER have chefs, caterers or vendors that were not pre-approved by LUXJB at the PROPERTY. Hiring any third party persons or companies for these services not through LUXJB or without LUXJB’s prior written permission are grounds for immediate termination of the contract and the forfeiture of the entire Rental Fee and the security deposit.
- NOISE ORDINANCE: This rental contract includes a ZERO TOLERANCE POLICY for all noise related disturbances including but not limited to unauthorized parties, gatherings, and/or other events. RENTER and other occupants shall obey the Los Angeles City STR Ordinance and the “Good Neighbor” policy meaning that they shall not create any disturbances disruptive to the quiet enjoyment of the PROPERTY’s neighbors. Violations of the terms of this provision will result in immediate termination of the contract and the forfeiture of the entire Rental Fee and the security deposit, without waiving LUXJB’s rights to pursue such other damages that may result from a violation of this provision. LOS ANGELES CITY Quiet Hours start at 10:00 pm, and outdoor noise or noise carrying outside from inside the home should be kept to a minimum regardless of the hour, and in compliance with the local Noise Ordinance.
If RENTER violates visitors policy or exceeds maximum occupancy or any noise disturbance is reported, LUXJB shall terminate the reservation and dispatch a security guard or its executives to the PROPERTY, without issuing a warning, to enforce the terms of this provision. RENTER also acknowledges and accepts that if any noise disturbance, loitering, public disturbance, act(s) of violence, un-permitted or unauthorized events, gatherings, or parties occurs at the PROPERTY, LUXJB may immediately terminate this contract with RENTER. RENTER also agrees to forfeit the Rental Fee and security deposit and authorizes LUXJB to charge RENTER a minimum of $20,000 (twenty thousand) per incident, in addition to any out-of-pocket costs charged to LUXJB as a result of such events or occurrences, which will be charged to RENTER’s credit card or payment method on file by LUXJB. LUXJB also reserves the right to immediately terminate the reservation without issuing a warning.
All outdoor and indoor speaker systems have been disabled in compliance with the Los Angeles City Ordinance.
NOISE-AWARE SYSTEM PROPERTY: When Noise-Aware believes that LUXJB’s PROPERTY is at risk of having a noise complaint or issue, LUXJB receive alerts if the volume reported by a sensor exceeds the set threshold. An alert message will be sent to RENTER, regardless of the volume reported by that sensor.
- NOISE TRANSMISSION: Insulation varies from property to property. RENTER is aware that if PROPERTY is in a high-density neighborhood, it is therefore subject to noise from nearby residences, businesses and general traffic. Nearby construction could also affect RENTER’s stay. RENTER acknowledges that noise may travel in between properties such as neighbor homes. No refund will be issued for disturbances caused to RENTER by noise transmissions as described in this section.
- MAXIMUM OCCUPANCY (OVERNIGHT GUESTS): The maximum number of individuals (including children) permitted to stay overnight at the PROPERTY is limited to the number in RENTER’s reservation. LUXJB reserves the right to enter the PROPERTY to check the number of people at any time without prior notice. LUXJB reserves the right to terminate the reservation if the number of people at the PROPERTY exceeds the limits provided in RENTER’s reservation.
Anyone whose name is not written on the guest list in this contract, is not allowed to enter the PROPERTY. The Rental Fee quoted to RENTER was based on the number of occupants set forth in the reservation. Accordingly, RENTER acknowledges that any increase in the number of overnight guests is to be communicated to LUXJB, and, upon LUXJB’s approval, may result in an increase in the booking amount. RENTER understands and agrees that the PROPERTY shall be occupied by no more than the number of individuals indicated in this rental contract (page 1) unless pre-approved in writing by LUXJB. If RENTER exceeds occupancy limits without LUXJB’S prior approval, for each unauthorized person, RENTER authorizes LUXJB to charge to RENTER’s credit card or payment method on file a minimum fee of $1,000 per person/per day. Occupancy limits extend to and include visitors and children.
THE GUEST HOUSE (VILLA PASHA): The Guest House contains the sixth bedroom. RENTER is not allowed to enter or use the Guest House unless pre-approved by LUXJB. Additional fees may apply.
- VISITORS: RENTER is not allowed to invite any visitors unless pre-approved by LUXJB. Violations may result in immediate eviction without refund for the remaining rental days in addition to other damages. If permitted, day/evening visitors are limited to 4 (four) persons and must vacate the PROPERTY by 10 pm. All visitors must entertain in a reasonable manner and in accordance with the “Good Neighbor” policy and the City Ordinance. If RENTER violates this policy, for each unauthorized person, RENTER authorizes LUXJB to charge to RENTER’s credit card or payment method on file a minimum fee of $1,000 per person/per day.
- RENTERS ARE NOT ALLOWED TO USE LIVING ROOM SOFA FOR SLEEPING as an additional bed.
- TRANSIENT OCCUPANCY: RENTER expressly acknowledges and agrees that this contract is for transient occupancy of the PROPERTY, and that RENTER does not intend tomake the PROPERTY a residence or household.
- SECURITY CAMERAS: RENTER acknowledges that security cameras monitor the PROPERTY. Security cameras can be located on all angles of the exterior PROPERTY, including pool and common areas. These cameras are used to protect the PROPERTY from potential break-ins and theft. By signing this rental contract, RENTER acknowledges and agrees to the presence of security cameras located at the PROPERTY as well as devices for monitoring excessive noise and capacity inside the home. (NOISE-AWARE). Tampering or disabling these devices constitutes breach of contract and immediate termination of this contract. RENTER acknowledges that should LUXJB form reasonable suspicion that the terms of this contract are being violated; LUXJB has the right to immediately inspect the PROPERTY at any time during RENTER’s stay. In addition, LUXJB may impose fines for any damages to the PROPERTY associated with tampering with these devices.
- SECURITY AND ALARM SYSTEM: Alarm systems may not be available, and it is RENTER’s responsibility to ask LUXJB whether PROPERTY is equipped with an alarm system. Furthermore, RENTER shall take steps to ensure their own security, the security of their personal PROPERTY, and the security of the PROPERTY by locking doors, windows, garage doors, etc. when it’s prudent to do so, including when all occupants are absent and at time of checkout. LUXJB shall not be responsible for any lost, stolen or missing PROPERTY of the RENTER and RENTER’s associates, vendors, invitees, visitors, contractors, and all other persons whatsoever who enter the PROPERTY during the rental period, while RENTER is in control of the PROPERTY.
For security purposes and any other concerns that may jeopardize PROPERTY security; RENTER agrees to maintain open and responsive communication with LUXJB prior to and during the stay. RENTER shall promptly respond to emails, messages, and phone calls from LUXJB. In the event that the Renter fails to maintain communication and responsiveness, LUXJB reserves the right to cancel the booking without any refund, both prior to the scheduled stay and during the stay. LUXJB shall make reasonable attempts to contact the RENTER before exercising this right.
- BILLIARD (POOL) TABLE USE (VILLA PASHA): Any damage on the billiard (pool) table, including minor scratches or stains on felt, will result in a deduction from RENTER’s security deposit and, if the cost of such repairs exceed the security deposit, will result in further charges to RENTER. RENTER shall treat the table with care.
- RENTER agrees that children (ages 0 to 10) will not be permitted to use the table and its equipment.
- Food and beverages are to be kept as far away from the table as possible.
- RENTER will keep Billiard (pool) table covered at all times while not in use with the nylon cover provided.
- GYM and FITNESS EQUIPMENT USE: Anyone using the gym and fitness equipment must be at least 18 years old. Persons using GYM and FITNESS area do so at their own risk and LUXJB assumes no responsibility for accidents or injury. RENTER will defend, indemnify and hold HOMEOWNERS and LUXJB harmless from any and all bodily injury and/or PROPERTY damage incurred at the PROPERTY arising out of RENTER’s or anyone else’s use or misuse of the gym or fitness equipment as well as RENTER’s intentional or negligent acts or omissions.
- USE OF BARBECUE, OUTDOOR GRILL: RENTER shall seek permission from LUXJB at time of reservation if RENTER seeks to use the outdoor grill. BBQ usage is extra, and cost is: $100/per stay. (Including grill cleaning fee)
- RENTER is to make sure that all the knobs are in the off position before leaving the area.
- RENTER must not leave the barbecue unattended.
- RENTER must not leave children and infants unattended next to a hot barbecue.
- RENTER must keep combustible materials away from the barbecue.
- KEYS and GARAGE REMOTES: RENTER must always keep gate and garage doors CLOSED. Lost keys or garage, gate door remotes will incur replacement costs of $250. (Each).
- NO SMOKING, VAPING OR HOOKAH: No smoking or vaping is allowed at the PROPERTY. PROPERTY is equipped with smoke detectors. Any breach of the non-smoking/vaping policy will be construed as damage to the PROPERTY. Any evidence of smoking or vaping, including the smell of e-cigarette, marijuana, hookah and cigar or vaping smoke whether in or outside the PROPERTY, backyard, pool, front-yard will result in the immediate termination of the reservation without any refund.
The NON-SMOKING/VAPING POLICY prohibits smoking within 20 feet (7 meters) of main entrances, exits, and operable windows of the PROPERTY, including the driveway. If such evidence is found, RENTER agrees to forfeit the Rental Fee and security deposit and authorizes LUXJB to charge RENTER a minimum of $10,000 (ten thousand) as a penalty, which will be charged to RENTER’s credit card or payment method on file by LUXJB. Additionally, RENTER shall assume complete liability for all costs associated with repairing damages arising from smoking or vaping, including, but not limited to, the replacement of furniture, pillows, mattresses, and comforters, necessitated by the need for odor remediation.
In the event that the PROPERTY incurs damage, and such damage necessitates the cancellation of future reservations or renders LUXJB unable to accommodate subsequent RENTERs, RENTER shall be liable for any damages and lost profits to LUXJB associated therewith. Until all repairs are completed, RENTER agrees it will be charged $2,500+tax+fees for each day until the PROPERTY is repaired and in its former condition and ready to accommodate new RENTERs. If alternative accommodations are required for RENTERs that previously booked the PROPERTY for use and cannot use the PROPERTY as a result of repairs required or damage to the PROPERTY, which may be determined at the sole discretion of LUXJB, RENTER agrees it will be liable and charged for the cost of securing alternative accommodations for those RENTERs of equal value to the PROPERTY. LUXJB retains the right to cancel the reservation, with no refund at any time. This is applicable in cases where substantial evidence suggests that RENTERs are likely to violate the terms of this contract and house rules, particularly the no-smoking/vaping policy, thereby posing a potential threat of damage to the PROPERTY.
- PET POLICY: NO PETS and/or ANIMALS ALLOWED. If RENTER and/or RENTER’s associates, vendors, invitees, contractors, and all other persons whatsoever who enter the PROPERTY during the rental period bring a pet(s), this rental contract will be terminated and RENTER will be held responsible for any and all damage and remediation caused by pet(s), including pet allergen remediation, flea remediation and reimbursement to LUXJB for any refunds necessary to compensate affected future occupants.
- PARKING: PARKING IS LIMITED TO TWO CARS. Parking arrangements must be made in advance for RENTER’s vehicles. RENTER must use the assigned space(s) only. Parking in any other space (such as the sidewalks) on the PROPERTY will result in vehicle being towed at RENTER’s expense. RENTER and/or RENTER’s associates, vendors, invitees, contractors, and all other persons whatsoever who enter the PROPERTY during the rental period must not block the sidewalk, neighbor’s driveways, or congregate in front of their homes. Blocking sidewalks or disregarding parking rules will result in termination of the contract and an additional $1,000 fine per occurrence, in addition to any other charges that may result from the violation.
- POOL, SPA USE and HEATING: Pool and spa heating fees must be paid for at the time of booking and RENTER must give 48 hours advance notice prior to check in.
- Pool and spa heating cost is extra: $400 for the first day, $200/per day, each day after.
- Hours of heating are as follows: POOL: 08:00 am to 10:00 pm. SPA: 05.00 pm to 07:00 pm. Time frame may vary: 4-6 pm or 6-8 pm.
- Spa pump/heaters can run maximum 2 hours/per day.
- Heat pump cannot heat the pool and spa simultaneously. When the pump and heaters are on pool mode, spa temperature will be same as pool temperature (or cooler)
- For safety purposes, use of pool/spa is not allowed after 10pm.
- RENTER agrees not to tamper with pool heat controls, filters or manipulate heater in any way. Violations may result in immediate eviction without refund for the remaining rental days.
Pool and spa heating service may not be available during rainy days and extreme weather conditions including, but not limited to, storms, extreme wind and cold. RENTER also understands and agrees to be responsible and pay LUXJB upon request for any damages that occur to the pool and spa and its support equipment through misuse and/ or negligence.
POOL and SPA RULES: Factory-set temperature maximum of 101°F for spa/hot tub and 88°F degrees for pool.
- Swim at your own risk. No lifeguard on duty.
- Pool heat shall not exceed 88; spa shall not exceed 101 degrees. Higher temperatures may cause health issues.
- No jumping or diving. Shallow pool.
- Renter must not allow children to jump in or swim in the heated spa.
- Renter must observe reasonable time limits (10 to 15 minutes) and enter and exit the spa slowly in case of dizziness or to prevent falls.
- Spas are dangerous for young children, who can easily drown or become overheated in them.
- Parents and caregivers should never, even for a moment, leave children alone near the pool or spa.
- Renter must not use spa and pool during extreme weather conditions (rain, storm, extreme wind & etc.)
- People with open sores or any type of infection should not use the spa or pool.
- If RENTERS have been drinking alcohol, taking meds, have high or low blood pressure, or any other medical condition, they must not enter spa.
ASSUMPTION OF RISK: Persons using the pool, spa, and hot tub do so at their own risk and LUXJB assumes no responsibility for accident or injury. No one should swim alone. RENTER will defend, indemnify and hold homeowners and LUXJB harmless from any and all bodily injury at the PROPERTY arising out of any use or misuse of the Pool and Spa.
WAIVER OF LIABILITY: The spa, hot tub, Jacuzzi, whirlpool, and pool are referred to herein collectively as “Special Features”. If so equipped, it is the RENTER’s responsibility to read and learn about all security precautions, warning signs, and security procedures concerning swimming in or being around the Special Features. RENTER understands that the areas surrounding the Special Features are not fenced in or secure, and there are special risks that may be involved for anyone, and in particular children, who are not carefully supervised, person(s) intoxicated, person(s) on any kinds of drugs or medication, with health risks, or if pregnant. RENTER agrees to explain the risks of the presence and use of the Special Features to all guests at the PROPERTY. RENTER agrees to instruct all guests at the PROPERTY not to access any off-limit, or unsafe sections of the PROPERTY including rooftops. RENTER agrees to assume all responsibility for RENTER and other guests for the consequences of those risks and to be fully and solely responsible for any accidents that may occur. RENTER agrees to waive any claim whatsoever against Homeowners or LUXJB for accidents or claims related to any use of the Special Features and to fully indemnify and hold Homeowner and LUXJB harmless from and against any claims arising out of injuries resulting from use or presence of any spa, hot tub, Jacuzzi, whirlpool, pool, or other body of water or special features at the PROPERTY.
- POOL and SPA CLEANING, TECHNICIANS, GARDENERS: Pool and spa filters turn on automatically every If RENTER notices anything unusual with the pool or spa (temperature, water color), RENTER must not touch pool valves, filters or control board and shall inform LUXJB immediately. The pool technicians come on every Monday anddepending on the PROPERTY, the gardeners come on every Tuesday or Wednesday. RENTER acknowledges that pool technicians and gardeners may enter the pool area through the front yard doors without any advance notice. They work up to 30 minutes. RENTER must allow them to do their job. Not abiding by these policies may incur additional fees or withholding of RENTER’s security deposit.
- CLEANING POLICY: A cleaning service to clean the house on RENTER’s departure is included in RENTER’s invoice. RENTER is responsible that all debris, rubbish and discards are placed in plastic bags and transferred to the large trashcans by the road, and soiled dishes and cooking utensils are placed in the dishwasher and cleaned. The PROPERTY will be inspected, sanitized and cleaned prior to RENTER’s arrival and after RENTER’s departure. The cleaning fee is for a standard cleaning only. If the home is left in poor condition and additional housekeeping is required, additional cleaning fees will be charged to RENTER’s credit card on file at the rate of $250 per hour.
- DAILY MAID AND HOUSE KEEPING SERVICES: There is no daily cleaning/maid service, but it is available at an additional cost. The cleaning team does not iron or cook. Hiring a person or company to clean the house without permission by LUXJB is grounds for immediate termination of this contract.
- MANDATORY MID-STAY CLEANING: Additional fees (fees vary depending on the PROPERTY, (up to $600) will be charged per cleaning and it is mandatory for stays of five days or more. Cleaning to occur at minimum every five (5) days. Mandatory cleaning service days will be scheduled prior to RENTER’S arrival by LUXJB.
- GARBAGE / TRASH: RENTER will place all trash in the trash carts, located at the far end of the front yard (towards the entrance) in the designated area. RENTER must not overload carts; the lids must close completely. Garbage or waste left beside carts will not be collected. The following hazardous household waste items should NOT be treated as everyday garbage and should NOT be disposed of curbside, in carts: batteries, electronics, fluorescent light bulbs, paint and paint cans, used motor oil and filters, prescription medications. Non-recyclable materials should be placed in black trash cart. RENTER shall not place trash in green trash cart. RENTER agrees they will be charged $1,000 for trash removal service and waste left beside carts or overfilled or contaminated containers. Additional fees may apply.
- AMENITIES: Linens, pillows, bedspreads, hair dryers, comforters and towels are provided for use. The home is provided with a starter set of shampoos, soaps, trash bags, detergents, toilet paper and paper towels. LUXJB does not guarantee that these extra items will always be available, and RENTER may need to replenish their own paper goods, toiletries, and laundry detergent, etc. Since a limited supply is provided, RENTER should plan to replenish these items if necessary, and based on the length of the Rental Term. LUXJB assumes no responsibility for the quality or contents of any food products left at the PROPERTY and RENTER’s use and/or consumption of same is not recommended and shall be at RENTER’s own risk(s). The PROPERTY is fully furnished, and includes ready-made beds, one set of towels per occupant and an equipped kitchen. PROPERTY is equipped with washer and dryer for RENTER’s convenience. Towels and linens are not to be taken from PROPERTY and fees will be enforced due to any lost or missing items. In addition, as opposed to a hotel room, vacation rentals typically have more square footage, bedrooms, mechanical systems, appliances, and electronics. Because of this, there is a much greater chance that something may need attention during RENTER’s stay. In the event, something does need LUXJB’s attention, LUXJB will take commercially reasonable efforts to resolve the situation; however, no refunds will be issued malfunctioning mechanical systems, appliances or electronics. RENTER acknowledges that furnishings and amenities are not new and may exhibit signs of wear and tear. Amenities and furnishings are subject to change and may or may not be the exact same as represented online. LUXJB reserves the right to make substitutions at its sole discretion.
- SYSTEMS, FURNISHING AND AMENITY FAILURES: In the event the PROPERTY experiences a system failure, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, hot tub or other system or structural systems, furnishings or amenities, LUXJB will make commercially reasonable efforts to repair or replace the failed system or equipment, and in such event, RENTER agrees to grant LUXJB or its service provider access to the PROPERTY to inspect and make such repairs. Neither the PROPERTY Homeowner nor LUXJB shall be liable to RENTER for damages associated with any such failure, nor will any refunds be issued for such failures.
- UTILITIES: California experiences extreme droughts. Accordingly, RENTER shall TURN OFF all electronic devices, lights, and air conditioning systems every time RENTER leaves the PROPERTY.
- Overuse of fireplaces and A/C will be charged to RENTER’s security deposit.
- RENTER shall keep all windows and doors shut to help conserve energy when using A/C.
- Renter should not leave fireplaces unattended and must turn them off every time RENTER leaves the room or patio.
- PROPERTY is equipped with air conditioning. RENTER agrees that air conditioning shall not be set below 70 degrees (COOL) and heat shall not be set above 77 (HEAT), and that the fan setting shall be set on “Auto”. No refunds will be issued for lack of or malfunctioning HVAC units.
- PERSONAL PROPERTY: RENTER understands that any personal PROPERTY belonging to or used by RENTER is not insured by LUXJB. HOMEOWNERS, LUXJB and LUXJB’s employees and representatives shall not be responsible for any lost, stolen or missing property of the RENTER and RENTER’s associates, vendors, invitees, visitors, contractors, and all other persons whatsoever who enter the PROPERTY during the rental period. LUXJB shall also bear no responsibility for abandoned items. Accordingly, it is highly recommended and strongly encouraged that RENTER purchase travel and/or property damage insurance associated with its stay. Every reasonable effort will be made to contact the RENTER for return of items. A $50 handling fee plus shipping costs for any found items returned at RENTER’s request will be charged. LUXJB shall not be held liable for condition of said items. Any items not claimed for longer than 15 days shall become the property of LUXJB, and may be donated or otherwise discarded by LUXJB at its sole discretion.
- LUXJB’S PROPERTY: RENTER agrees not to access the LUXJB’s storage area, even if unlocked, which contains homeowner’s personal PROPERTY and may contain cleaning supplies and chemicals that could be hazardous to children and adults.
- CONDITION OF PROPERTY: LUXJB has, to the best of its ability, given an accurate description of the PROPERTY and its condition. RENTER understands that it is considered as reserved “sight unseen”. LUXJB cleaning staff will have cleaned it before RENTER’s occupancy. All electrical, plumbing and appliances should be in working order. The failures of operation of certain amenities, such as TV or the Internet and Wi-Fi service are not a basis for any refund. LUXJB will make every effort to have these items repaired but does not guarantee that they will be repaired during RENTER’s occupancy. When RENTER arrives, if RENTER finds that the PROPERTY has not been cleaned to normal standards RENTER shall notify LUXJB immediately. LUXJB will make commercially reasonable efforts to have tradesmen attend to the problems but may not be able to fix everything over holidays and weekends. Under no circumstances will the Rental Fee be refunded or returned because of the condition of the house. The RENTER agrees to hold LUXJB harmless from any liability for the condition of the house. If for any reason, the PROPERTY is not available or becomes unavailable or uninhabitable for the reservation dates, every effort will be made by LUXJB to locate substitute accommodations. If the substituted Property rents for more during the same period, or remaining period respectively, RENTER may be asked to pay such difference in charges. However, if the substitute Property rents for less for the same period, the difference will be refunded to RENTER.
- CHILD PROOFING: RENTER understands that no special efforts have been made to “childproof” the PROPERTY and accept the risk of harm to any children who attend the PROPERTY. These risks include, but are not limited to, risks associated with access to the pool, spa, adjacent street, plants in the house and cleaning supplies in the house, patio and on the street that might be poisonous if ingested.
- ENTRY TO THE PROPERTY: RENTER agrees that in the event the conditions and limitations set forth herein are not met, LUXJB reserves the right to terminate this contract without any refund, both before and after RENTER’s check-in, and to remove RENTER from the PROPERTY. LUXJB and its representatives may enter the PROPERTY at any time without the permission of the RENTER. If the RENTER abandons or vacates the PROPERTY, LUXJB may, at its option, terminate this contract, re-enter the PROPERTY, and remove all RENTER’s property.
LIABILITY: By signing this contract, RENTER agrees that HOMEOWNERS, LUXJB and LUXJB’s employees and representatives shall not be liable for any accidents or injuries that occur at the PROPERTY and that prior to taking possession RENTER will perform a visual inspection of the PROPERTY and bring to LUXJB’s attention any conditions requiring attention. RENTER assumes full responsibility and liability for RENTER’s associates, vendors, invitees, contractors, and all other person’s actions whatsoever who enter the PROPERTY during the rental period and hereby agrees to defend, indemnify and hold homeowners, LUXJB and LUXJB’s employees and representatives from and against and injuries or damages associated with the PROPERTY except resulting from LUXJB’s gross negligence or willful misconduct.
- SUPERVISION OF CHILDREN: Adults shall be responsible for the actions of children under their care and control. The RENTER is solely responsible for the actions and supervision of any and all minors (under 18 years of age) at the PROPERTY.
FIREARMS: No guns of any kind are permitted at the PROPERTY. RENTER is further not permitted to store any weapons on the PROPERTY.
- INTERNET USE: The use of the Internet during the RENTER’s stay is the sole responsibility of the RENTER. The Internet must not be used for any illegal purpose. File sharing, or downloading copywritten material is strictly prohibited.
- CONFIDENTIALITY: LUXJB agrees to keep and retain in confidence all information and materials disclosed to or obtained by LUXJB concerning or relating to RENTER.
- GOVERNING LAW: This contract and shall be governed by and construed in accordance with the laws of the State of California without regard to conflicts of law principles thereof.
- REMEDIES: In the event of any breach of the terms of this contract, including, but not limited to, RENTER unauthorized “holding over” or any acts proscribed herein, in addition to all other rights and remedies LUXJB may have at law, LUXJB shall have the option to demand and enforce that RENTER immediately vacate the PROPERTY. In such an instance, the contract will be terminated except those provisions that survive termination (which include all rights and remedies of LUXJB to retain the rental fee, security deposit and otherwise charge RENTER for any damages or violation of this contract), and LUXJB shall be entitled to otherwise recover all damages allowable by law. The RENTER, to the maximum extent allowable by law, hereby waives all claims for damages against LUXJB associated with any acts by LUXJB relating to the enforcement of its rights hereunder, including any re-entry and taking possession of PROPERTY, removing or storing property as herein provided, and will hold LUXJB and its agents and representatives harmless from and against all losses, costs and damages occasioned by any breach of this contract by RENTER, will not construe any re-entry on the PROPERTY to be a forcible entry as defined in California Code of Civil Procedure or other similar statutory provisions.
- ATTORNEYS FEES: If any legal action or proceeding is brought arising out of or related to this contract, the prevailing party in such action shall be entitled to receive from the other party, in addition to all other relief that may be granted, its reasonable attorneys’ fees, costs and expenses incurred in the action or proceeding.
- DISPUTES AND VENUE: RENTER agrees that RENTER will not file a dispute against LUXJB with the bank, credit card company, PayPal, or any other company and/or person that RENTER is using to make payments under this contract. RENTER authorizes LUXJB to charge RENTER’s credit card for any amounts due under any contract with LUXJB; the cost of any additional services provided by LUXJB that are not contemplated by a signed contract; and, costs incurred as a result of RENTER’s violation or breach of this and any contract between RENTER and LUXJB. RENTER agrees that these charges include, but are not limited to, the cost to replace damaged items, charges related to unauthorized occupants or visitors and charges and penalties related to noise disturbances and exceeding maximum capacity at the PROPERTY. In the event of any dispute, RENTER’s security deposit will not be refunded.
RENTER understands that RENTER’s credit card information will be saved to file for future transactions on RENTER’s account. RENTER assumes full responsibility for all charges and agree to honor and abide by the terms of payment set forth in any contract with LUXJB. All disputes or legal action resulting from any dispute arising out of this contract, which exceeds $10,000 in value, shall be submitted to binding arbitration in the County of Los Angeles, California before ADR Services, Inc. or a mutually agreeable arbitration service under expedited rules with each side to pay ½ of the arbitration fee (which may be recovered by the prevailing party against the other party at the conclusion of Arbitration). All disputes in amounts less than $10,000 shall be submitted to small claims court in the County of Los Angeles, California.
- INDEMNIFICATION: RENTER hereby agrees to defend, indemnify and hold HOMEOWNERS, LUXJB and LUXJB’s employees, agents and representatives harmless from and against any and all claims, including those of third parties, arising out of or in any way related to RENTER’s use of PROPERTY or the items of personal PROPERTY provided therein, except as may be due to the gross negligence or willful misconduct of LUXJB. RENTER assumes all risk of injury or other losses relating to any recreational activities on the PROPERTY including use of the private swimming pool and Special Features and resulting from any guests or third parties visiting the PROPERTY.
- LIMITATION OF LIABILITY: In the event that HOMEOWNER, LUXJB, or any of their agents or representatives are found liable for any breach or damages occasioned by this contract, RENTER agrees as a material condition of entering this contract, that the limit of liability against homeowner, LUXJB, or any of their agents or representatives shall be the amount of the Rental Fee charged and/or collected hereunder and, under no circumstance shall LUXJB be liable for damages exceeding the rental price, notwithstanding any claims for consequential damages, punitive damages or emotional distress damages. Accordingly, it is highly recommended and strongly encouraged that RENTER purchase travel and/or property damage insurance associated with its stay.
- HOLDOVER: Notwithstanding any provision to the contrary contained herein, RENTER has no right to retain possession of the PROPERTY or any part thereof beyond the expiration or earlier termination of this contract. If RENTER holdover beyond the date of termination of this contract, LUXJB shall be entitled to increase the amount chargeable to RENTER to one hundred fifty percent (150%) of the nightly rate applicable during the Rental Term, immediately preceding such expiration or earlier termination. Nothing contained herein shall be construed as a consent by LUXJB to any holding over by RENTER, and RENTER shall indemnify, defend and hold LUXJB, HOMEOWNERS harmless from and against any and all claims, demands, actions, losses, damages, obligations, costs and expenses, including, without limitation, attorney’s fees incurred or suffered by LUXJB by reason of RENTER failure to surrender the PROPERTY on the expiration or earlier termination of this contract. No holdover shall be permitted without the written consent of LUXJB. Nothing in this Section shall limit LUXJB’s rights or remedies or be deemed consent to any holdover. If LUXJB is unable to deliver possession of the PROPERTY to a new RENTER or to perform improvements for a new RENTER as a result of RENTERS holdover, RENTER shall be liable for all resulting damages, including lost profits, incurred by LUXJB.
- MINIMUM AGE REQUIRMENT: RENTER must be at least twenty-one (21) years old to rent the PROPERTY and sign this contract. LUXJB reserves the right to immediately terminate the reservation with no refund upon determining that RENTER fails to comply with this requirement of the contract.
- OTHER TERMS, SEVERABILITY: If any part or parts of this contract shall be held unenforceable for any reason, the remainder of this contract shall continue in full force and effect. If any provision of this contract is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
- BINDING EFFECT: The covenants and conditions contained in the contract shall apply to and bind the parties and the heirs, legal representatives, successors and permitted assigns of the parties.
- ENTIRE CONTRACT: This contract, the attached disclaimer, the credit card authorization form and house rules constitute the entire contract between the parties and supersedes any prior understanding or representation of any kind preceding the date of this contract. There are no other promises, conditions, understandings or other contracts, whether oral or written, relating to the subject matter of this contract. This contract may only be modified in a writing signed by both LUXJB and RENTER.
- WAIVER: The failure of either party to enforce any provisions of this contract shall not be deemed a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this contract. The acceptance of rent by LUXJB does not waive LUXJB’s right to enforce any provisions of this contract.
- SIGNATURES: Digital (via DOCUSIGN) and pdf signatures are deemed original signatures and constitute approval of the terms and conditions herein. Each person signing this contract represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this contract. Each party represents and warrants to the other that the execution and delivery of the contract and the performance of such party’s obligations hereunder have been duly authorized and that the contract is a valid and legal contract binding on such party and enforceable in accordance with its terms.
The Disclaimer applies to RENTER, ALL OCCUPANTS and/or RENTER’s visitors, associates, vendors, contractors, and all other persons whatsoever who enter the PROPERTY during the rental period while RENTER is in control of the PROPERTY.
RENTER understands that HOMEOWNERS, LUXJB and LUXJB’s employees are not responsible for any personal injury caused by any conditions at the PROPERTY, including but not limited to, slipping on wet pavement and/or surfaces, and that RENTER is responsible for exercising care when surfaces are wet or slippery, whether man-made or naturally caused. Further, LUXJB is not responsible for any personal injury, loss, or damage to RENTERS’ PROPERTY caused directly or indirectly from foul, inclement weather conditions, Acts of God or nature, failure of cooling or heating, accidents related to fire, heaters, stoves, tenants’ failure to take adequate precautions around wet areas, or any unforeseeable circumstances. Under no circumstances will RENTER or RENTER’s associates, vendors, visitors, contractors, and all other persons whatsoever who enter the PROPERTY during the rental period, hold LUXJB responsible for any damages or claims of any kind resulting from their stay, except for intentional acts of harm. By confirming the reservation, RENTER is agreeing to the house rules and RENTER is agreeing that any scratches on the floors, tiles, walls or furniture, tables etc. must be disclosed to LUXJB on the date of check-in. RENTER will check all furnishings in all rooms and verify that the furnishings are all in good condition without any holes, tears, scratches or damage. RENTER acknowledges that he/she has read, understands and agrees to the terms and conditions of this Agreement and the house rules contained herein and further acknowledges receipt of a completed copy hereof.