This Guest Agreement ("Agreement") is entered into by and between you, ____, and AvantStay, Inc., on its own behalf, or as applicable, on behalf of the property owner ("AvantStay", "we", "our", or "us") and details the obligations and responsibilities of you and any of your guests or visitors (collectively, "Guest", "you", or "your") at any property offered for rent by AvantStay ("Property" or "Accommodation"). By using our website and becoming a guest at an AvantStay property, you agree to the terms and conditions in this Agreement, our Site Terms of Use, and our Privacy Policy, incorporated herein by reference. If the Accommodation is a hotel, you agree that our Hotel Code of Conduct will also apply, and if using Concierge Services, you agree to abide by our Concierge Services Policy.
You understand and agree that this Agreement incorporates our general House Rules, which apply across all of our Properties together with any house rules specific to the Property you have booked. You agree that you are responsible for all of your guests or visitors complying. This Agreement applies to you and any other guests or visitors on our Property during your stay.
This Agreement is for the property (the “Property”) described as: ____
Check-in date: ____ after ____
Check-out date: ____ before ____
Total number of Overnight Occupants (including infants): ____.
Approval of this application at the stated rate is based on the maximum allowable occupancy for the Property. You agree not to exceed this Total Number of Overnight Occupants at any time. Exceeding the permitted occupancy may result in immediate removal of all occupants and guests, forfeiture of all amounts paid, and liability for any damages incurred by AvantStay.
BOOKING PROCEDURE; PAYMENT; LICENSE: AvantStay manages vacation rentals which we design, furnish, maintain, and/or operate for short, medium, or long term use by our guests.
Once your booking has been completed, we will send you a confirmation email. Check-in instructions to the Accommodation will be sent 3 days prior to arrival. Guest acknowledges and agrees that certain properties may require Guest to sign a waiver related to on-site amenities and available activities. Failure to sign the waiver prior to check-in may result in the booking being canceled.
When booking an Accommodation through our site, you agree to pay all costs associated with the booking including the nightly rate, applicable Taxes, as defined below, and any other fees, including but not limited to cleaning fees, listed upon checkout (collectively "Total Cost of Stay"). Please note Guest will not receive check-in instructions and will not be allowed to check in to the Accommodations until the Total Cost of Stay amount is fully paid, identity verification and any other required screening procedures have been completed, all relevant homeowners association documents (if applicable), and necessary waivers have been signed, unless otherwise approved. By providing payment for your booking, you have agreed to the terms herein. Guest will be responsible for the cost of the reservation at the time of booking. You also agree that AvantStay may charge and collect any additional costs and fees related to property damage during your stay, you identified and itemized upon checkout. Any add-on services or other modifications to your booking will be confirmed in an amendment and/or invoice detailing the changes to your Total Cost of Stay.
For stays less than thirty (30) days, utilities are included in your Total Cost of Stay. This charge assumes a normal usage and any excessive usage and pool heating (if applicable) will be charged separately and paid for by Guest.
In consideration of your payment for the booking, AvantStay grants you a limited license to enter, occupy, and use the Accommodation for the duration of your stay as a vacation rental, during which time AvantStay (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation in accordance with this Agreement.
IDENTITY VERIFICATION: To protect against fraud, identity theft, and security risks in our communities, we require that all Guests successfully complete an identity verification check, unless specifically waived by AvantStay due to existing identity verification mechanisms on a particular booking platform. We partner with Persona (Persona Identities Inc.), a secure fraud prevention platform, to verify the identity of our Guests. Persona will prompt you to upload a copy of a valid, government-issued photo ID and will capture certain personal information, and in some cases a facial geometry scan, to confirm your identity. AvantStay reserves the right to refuse service to or cancel reservations made by individuals who do not provide the requested information or successfully complete the identity verification process. AvantStay does not store the information uploaded to Persona or any resulting scans. Persona's Privacy Policy is available at: https://withpersona.com/legal/privacy-policy.
CONCIERGE SERVICES: By using the Concierge Services, you acknowledge and understand that local, third-party service providers are not affiliated with AvantStay or the property owner. You further acknowledge and agree that AvantStay and the property owner are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such third-party products, services, or websites. By booking Concierge Services, you agree to release, indemnify, and hold harmless the property owner, AvantStay, and its employees, agents, or representatives from any and all liability, claims, demands, actions, and causes of action arising out of or related to any accidents, loss, damage, illnesses, or injury, including death, that may be sustained by you or your guests, or any property belonging to you or your guests, resulting from third-party activities or services. AvantStay and the property owner do not assume any liability or responsibility to you or any other person for any third-party products, services, or websites. You further agree that the property owner and AvantStay shall not, under any circumstances, be liable for any claims, damages, or losses arising from your use of the Concierge Services or any third-party products, services, or websites. Please refer to our Concierge Services Policy.
TAXES: Certain taxes, which may include sales and use tax, transient occupancy tax, local hotel occupancy tax, tourist tax, city tax, lodging tax, and other indirect taxes ("Taxes") may be imposed on the amount charged for booking your stay at an AvantStay Property and any additional services, including concierge services, offered in certain jurisdictions. The Taxes and amounts charged may vary depending on the locality and rates in effect at the time of your stay. Certain jurisdictions may legally require AvantStay to collect and remit such occupancy taxes to local government authorities.
CREDIT CARD REQUIRED: A major credit card is required to hold a reservation and may be charged to pay for incidental charges and other fees incurred during your stay. The name on the credit card must be the name of the primary guest on the reservation and a picture ID will be required. If any costs or damages, including but not limited to: additional cleaning fees, property damage expenses, unauthorized pool heat charges, regulatory fines, or charges for unauthorized guests or pets, are discovered during or within a reasonable amount of time after your stay, we reserve the right to charge your credit card on file for said amounts. No charges will be processed without prior written notice.
LATE CHARGES: If any amount due from Guest is not received by AvantStay by the applicable payment due date, we may charge 5% of the overdue amount as a late charge and will have the option to terminate your reservation and/or retain the reservation fee charged.
NO DAMAGE DEPOSIT REQUIRED: Unless otherwise covered by the ADP Program or otherwise expressly waived by AvantStay in writing, any expenses relating to (i) curing your default in payment of any amounts due to AvantStay, non-sufficient funds ("NSF") fees or other sums due; (ii) repairing damage, excluding ordinary wear and tear, caused by you or your registered guests; (iii) cleaning the Property or remove excessive garbage; (iv) replacing or return personal property or appurtenances, common areas and recreational facilities, (v) replacing any lost keys; and/or (vi) cover any other expenses related to your stay for which you are responsible (collectively, "Guest-Caused Damages"), AvantStay will send you a bill with itemized charges, due and payable on receipt or charged to your credit card on file. Should you fail to remit to AvantStay the full outstanding amount specified in the itemized statement, AvantStay will exercise its full rights and remedies under law to enforce such payment including but not limited to the institution of legal proceedings to recover the amount outstanding, together with interest at the lesser of (i) 8% per annum and (ii) the maximum rate allowed by law, and legal expenses. Late payments under this Section will incur an additional fee of 5% of the overdue amount (or such lesser amount as is required by law).
DAMAGE DEPOSIT REQUIRED: If there is a damage deposit required for your reservation, in the event of any Guest-Caused Damages, AvantStay will send you a bill with itemized charges and deduct this amount from the damage deposit. Where the damage deposit is insufficient to pay the Guest-Caused Damages expenses, you remain responsible for said expenses and agree to allow AvantStay to charge your credit card on file to pay the additional costs. Should you fail to remit to AvantStay any outstanding amounts in full, AvantStay will exercise its full rights and remedies under law to enforce such payment including but not limited to the institution of legal proceedings to recover the amount outstanding, together with interest at the lesser of (i) 8% per annum and (ii) the maximum rate allowed by law, and legal expenses. Late payments under this Section will incur an additional fee of 5% of the overdue amount (or such lesser amount as is required by law). AvantStay is not required to keep damage deposit funds (if any) in a trust account, nor required to pay any interest on it, unless required by law. AvantStay will refund the damage deposit funds (if any), less any funds retained to cover the costs of repairing Guest-Caused Damages and any other unpaid amounts due to AvantStay under the reservation as set forth in the itemized statement, within the time frame required by law.
AUTHORIZED USE; JOINT AND INDIVIDUAL OBLIGATIONS: The Accommodation is for the sole use as a personal vacation rental by Guest and their registered guests. Guest will be responsible for all person(s) that he/she causes to be at the Property. If there is more than one Guest, each one will be individually and completely responsible for the performance of all obligations under this Agreement, jointly and severally with every other Guest. All Guest monetary obligations under this Agreement will survive until satisfied.
MAXIMUM NUMBER OF GUESTS. You agree to not exceed the maximum number of registered guests listed on your reservation and to leave the Accommodation no later than the check-out date and time that is specified in your confirmation email, unless otherwise agreed upon in writing. If you exceed the maximum number of guests listed on your reservation without approval, AvantStay is entitled to require you to vacate and remove from the Accommodation in a manner consistent with applicable law and you may be subject to additional fees. No refunds will be given for removal from the Property due to exceeding the maximum number of guests listed on your reservation.
STAY BEYOND RESERVED DATES. If you stay past the agreed-upon check-out date and time without our consent ("Holdover"), you will no longer have a license to stay in the Accommodation and agree that AvantStay is entitled to require you to vacate and remove from the Property in a manner consistent with applicable law, including but not limited to, removal from the Property by AvantStay, its representatives, and/or law enforcement. You further consent to permit AvantStay to remove your personal belongings to a location of the Manager's choice, where you may retrieve them. AvantStay is not responsible for the loss or damage of any items removed. Additionally, you hereby acknowledge and agree to pay, for each 24-hour period (or any portion thereof) that you Holdover, an additional charge of two times (2xs) the undiscounted, listed daily rate plus any additional damages incurred including but not limited to, the lost revenue from cancelled reservations and the cost of alternative housing for guests displaced by the Holdover or loss of such guests. The aforementioned costs are to cover the inconvenience suffered by Us, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by us to remove you from the Property (collectively, "Holdover Fees"). If you Holdover at an Accommodation, you authorize AvantStay to charge you in order to collect Holdover Fees and/or withhold your damage deposit (if any).
LATE CHECK-OUTS. Late check-out may occasionally be accommodated; please contact AvantStay Customer Service before your check-in date to confirm availability and applicable fees. Unauthorized late check-outs will be charged for an additional full-day of use and utilities, based on the current listed nightly rate on said date. If you check out after the time specified in your confirmation email without prior approval from AvantStay, you authorize AvantStay to charge applicable Late Check-Out Fees and/or withhold from your damage deposit (if any).
ADDITIONAL TERMS MAY APPLY TO SPECIFIC TRANSACTIONS; CONFLICTS BETWEEN TERMS; BOOKING ON THIRD-PARTY PLATFORMS. If you choose to reserve an Accommodation through the AvantStay website, to use AvantStay to provide rental management or marketing services on your behalf, or to undertake certain other transactions that may be accessible from the website or mobile app, you acknowledge and agree that you may be required to enter into one or more separate agreements or waivers, which may contain different or additional terms and conditions. If a conflict exists between this Agreement and the terms and conditions of a specific separate agreement, waiver, or service, the terms and conditions of the specific agreement, waiver, or service will control. All capitalized terms will have the meaning set forth in the AvantStay's Terms and Conditions unless otherwise defined in this Agreement. If you reserve an Accommodation through a third-party booking platform or online travel agency (each an "OTA"), the OTA's terms and conditions will apply to your stay and if in conflict with these terms, will supersede.
INTERNATIONAL TRAVEL. If your travel plans involve international travel, you agree to be responsible for ensuring that you have all necessary travel documents (such as passports and visas), that you meet all foreign entry requirements, and that you have obtained any required medical guidance, medications, and inoculations. We will not be liable for any liability for travelers who are refused boarding onto an international common carrier or entry into (or transit through) a country for any reason.
Although most travel is completed without serious incident, travel to certain destinations may involve a higher level of risk than others. We strongly suggest that if your plans involve any travel outside the United States, you should review, prior to booking, travel warnings, advisories, restrictions, announcements, cautions, and prohibitions issued by the United States Government.
Travelers who are citizens of a country other than the United States should review any travel warnings or advisories issued by their own government.
RESERVATION CANCELLATIONS AND MODIFICATIONS: Cancellation policies may vary with each Property. See listings for additional details. Please note that if your reservation is modified to a future date, the original cancellation policy—including refund windows and percentages—will remain in effect, based on the original check-in date. However, if the reservation is modified to an earlier date, the cancellation policy will adjust accordingly based on the new check-in date. Sign-in to your registered account for more information.
Cancellation by Guest.
For all bookings with a check in between April 6th - April 27th, 2026 in Coachella Valley, Coachella Valley Estates, Palm Springs Hotels, and Palm Springs Markets:
- Cancellations more than 180 days before check-in: AvantStay will be owed and will retain Guest's 50% upfront payment of the Reservation Fees.
- Cancellations 180 days or less before check-in: AvantStay will be owed and will retain the Reservation Fees in full, including any additional fees.
- If the Coachella Music and Arts Festival or Stagecoach Festival are canceled in its entirety by the festival organizers: AvantStay will issue a full refund.
- Reservations made for AvantStay properties exclusively within California can receive a full refund if canceled within 24 hours of booking, provided that the reservation was confirmed at least 3 days before check-in. Note, cancellation and booking times are based on the local time zone for listings in California, Pacific Time.
If you reserve a Property through an OTA, that OTA’s cancellation policy will govern.
Cancellation By AvantStay. If for any reason the Accommodation you booked is unavailable, including, but not limited to, issues related to safety, utilities, maintenance, guest overstays, inaccessibility, accidental double booking on multiple platforms, Property ownership changes, permitting, licensing, or regulatory changes, or other reasons, AvantStay may substitute a comparable unit or allow Guest to cancel and receive a full refund, or, if no comparable unit is available, AvantStay may cancel the reservation and provide a full refund of all payments made by you.
TRANSIENT OCCUPANCY; NO TENANCY: Guest and their registered Guests are renting the Accommodation as transient lodgers for the number of days between the check-in date and the check-out date, inclusive, from AvantStay who retains full legal, possessory, property, and access rights. This Agreement is not a lease and will not be construed to create any tenancy or exclusive possession property right.
SAFETY; SURVEILLANCE; SECURITY:
Safety: You acknowledge and agree that the Properties may contain certain safety features such as smoke detectors, carbon monoxide detectors, fire alarms, pool gates, pool alarms, or sound level monitoring units as may be required by law. You consent to our use of these safety features, and you agree not to interfere or tamper with these safety features. You agree to immediately report any problems or need for maintenance or repairs to us. It is expressly understood that you must not, at any time, disable or remove any installed safety feature, and doing so will be considered a material breach of this Agreement and will be just cause for termination of this Agreement and your removal from the Property.
Surveillance: Each Accommodation may be monitored by video electronic surveillance on the exterior of the house for guest security and to ensure that local law and the rules of the community are respected. You acknowledge that the Accommodation may be under 24-hour exterior surveillance and security monitoring and patrols, subject to and in compliance with relevant privacy laws. Accommodations may include noise alert decibel monitoring systems in order to ensure that neighborhood noise levels are respected.
Security: You also acknowledge and agree that certain security measures may be provided by us in connection with the Properties. We reserve the right to commence, expand, reduce or discontinue any such security measures at any time without notice to you.
PERSONAL PROPERTY AND INJURY:
AvantStay Insurance: The personal property, including vehicles, of any Occupant Parties is not insured by AvantStay against loss or damage due to fire, theft, vandalism, rain, water, criminal, or negligent acts of others, or any other cause. AvantStay does not insure against personal injury to any Occupant Parties due to any reason other than a hazardous condition on the Property that exists as a result of AvantStay's and its employees' and agents' negligence or intentional misconduct. Occupant acknowledges and agrees that he/she/they are responsible for the safety of themselves and all Occupant Parties with respect to any pool, hot tub, play equipment, dock, and the Property and its other amenities; children must be closely supervised at all times while on the Property.
Occupant Insurance: AvantStay recommends that all Occupant Parties carry or obtain insurance to protect themselves and their personal property from any loss or damage.
Indemnity and Hold Harmless: Except for AvantStay's gross negligence or willful misconduct, Occupant agrees to defend, indemnify, and hold harmless AvantStay and its members from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage, or injury arising from Occupant Parties' actions and as related to any of their personal property.
Non-Liability: AvantStay will not be liable for any damage or injury to any Occupant Parties, or any other person, or to any property, occurring on the Property unless such damage is the legal result of the negligence or willful misconduct of AvantStay and its agents and employees. Occupant waives any such claims against AvantStay on its behalf and on behalf of all Occupant Parties including, without limitation, loss or damage due to theft, casualty, water leakage, smoke damage, mold, vermin or other matters. AvantStay will have no liability for any interruption in utility or other services.
COVID-19: Occupants fully understand that there are dangers, inherent and otherwise, in staying at an alternative lodging facility, such as the Property, during the COVID-19 pandemic. Occupants further understand that they may be exposed to the risk of illness, death, and/or the contraction of COVID-19 by guests they invite onto the Property and/or vendors who may be performing maintenance and/or repairs to the Property. Occupants hereby acknowledge that they are staying at the Property at their own free will and agree to assume the full risk of any illness and/or losses of any kind, regardless of severity and including death, that may occur in connection with their stay at the Property. As such, Occupants agree to release AvantStay from any and all liability pertaining to this Section.
Survival: This Section, and all indemnity obligations under this Agreement, will survive until satisfied. All Occupant's monetary obligations under this Agreement will likewise survive until satisfied.
RULES; REGULATIONS; NUISANCE: You agree to comply with any and all applicable federal, state and local laws, rules, regulations, covenants, , and codes related to your use and occupancy. You further agree to comply with all covenants, conditions and restrictions, bylaws, rules, regulations and decisions of any governing homeowners association ("HOA"), if applicable. The terms and conditions stated herein are a way of notifying you of the rules and regulations of the HOA. You will reimburse AvantStay for any fines or charges imposed by the HOA or other authorities due to any violation by any Guest parties
You will not, and will ensure your party will not: (i) disrupt AvantStay's business operations; (ii) disturb, annoy, endanger, interfere or threaten the rights, comfort, health, safety, or convenience of other occupants of the building in which Property is located, its neighbors or AvantStay's staff; (iii) store anything in utility closets that house any gas appliances, or tamper with utilities or telecommunications; (iv) violate any law or ordinance; or (v) commit waste or nuisance on, about or around the Property.
Violation of ordinances or homeowners association rules may result in the immediate cancellation of your reservation, removal from the Property, and fines of up to $15,000. No refunds will be given for removal from the Property due to violation of any rules or regulations. You and registered guests further agree that all monies paid towards this reservation will be forfeited and no legal action will be taken against AvantStay for any personal or property damages incurred.
NO ASSIGNMENT, SUBLETTING BY GUEST; NO ADDITIONAL USE OF PROPERTY: Guest will not assign any interest, sublet, or permit any use by any unauthorized person of any part of the Property, or use the Property for anything other than a vacation rental. If you assign your license to the Property or any part thereof is sublet: (i) assignees(s), sublessee(s) and all others will be required to immediately leave the Property, or be removed from it. Due to your breach of this Agreement, you agree to forfeit your right to the return of any Damage Deposit, if applicable, and be held liable for any costs or damages incurred by AvantStay.
ENTRY: AvantStay and its agents have the right to enter the Property, at any time, upon reasonable notice: (i) for the purpose of making repairs, decorations, alterations and improvements, for maintenance or to supply necessary or agreed services; (ii) to verify that you are complying with the Guest terms below; (iii) for the purpose of showing the Property to prospective buyers or inspection; and without notice and immediately (iv) to abate any noise or other violations; or (v) in case of emergency. Except in the case of an emergency or violations, AvantStay will make reasonable efforts to notify you in advance.
CONDITION OF PROPERTY: Guest has not viewed the Property prior to booking Accommodations. Guest will, on arrival, examine the Property, all furniture, furnishings, appliances, fixtures, and landscaping, if any, and will immediately report, in writing, if any are not in operating condition or are in disrepair. Guest will be responsible for any damage to the Property as a result of failure to report a problem, malfunction or damage in a timely manner. Reporting repairs does not give you the right to cancel the reservation or receive a refund of any payments made. Guest acknowledges and agrees that all information supplied in any AvantStay in marketing materials, including but not limited to the AvantStay website and online listings, is intended for marketing purposes only. No warranty, express or implied, is extended from AvantStay as to specific conditions of the Property. The Property will be delivered in substantial compliance with description provided in AS IS condition.
MAINTENANCE: You and your guests will properly use, operate and safeguard the Property including, if applicable, any landscaping, furniture, furnishings, appliances and all mechanical, electrical, gas and plumbing fixtures, and keep them clean and sanitary. Guest will be responsible for all repairs, including drain blockages or stoppage unless caused by defective plumbing parts or tree roots invading sewer lines, or replacements caused by you and your guests excluding only ordinary wear and tear.
AvantStay does not guarantee against mechanical or other failure of heating, air conditioning, appliances, TVs/VCRs/DVD players, stereo equipment, any utility systems, pools/spas, windows, internet, roofing or the like. Please report any inoperative equipment or condition to us promptly. NO REFUNDS OR RENT REDUCTIONS WILL BE MADE DUE TO MECHANICAL FAILURES OR MALFUNCTIONS, INTERRUPTIONS OR UTILITIES, MAINTENANCE PROBLEMS OR CONSTRUCTION IN THE AREA. WHILE AVANTSTAY WILL MAKE EVERY REASONABLE EFFORT TO REPAIR ANY MAINTENANCE ISSUE IN A TIMELY MANNER AND EFFICIENTLY, IT CANNOT GUARANTEE THAT THE ISSUE WILL BE FIXED DURING THE GUEST STAY. AvantStay will also have no liability for any interruption in utility or other services. If a problem persists after being given phone instructions by an AvantStay property associate, a maintenance service professional will be dispatched to assist the Guest.
CLEANING: The Property will be delivered in professionally cleaned condition. AvantStay does not provide nightly housekeeping. You may request to schedule a mid-stay cleaning for an additional fee by contacting AvantStay Customer Support. Please note the cleaning fee included in the Total Cost of Stay covers three (3) hours of cleaning after your departure from the Property. You will be responsible for the cost of any additional cleaning, if required, as determined by AvantStay. Should AvantStay determine there is excessive uncleanliness requiring additional cleaning, you acknowledge, agree, and authorize AvantStay to charge the credit card used to complete your booking.
OBLIGATIONS UPON DEPARTURE: Upon termination of occupancy, Guest will: (i) give AvantStay or its agents all copies of all keys or opening devices to the Property, including any common areas; (ii) vacate the Property and surrender it to AvantStay empty of all persons and their personal property; (iii) vacate any/all parking and/or storage space; and (iv) deliver the Property to AvantStay in the same condition less ordinary wear and tear as received upon arrival. Guest will be responsible for any damage to the Property as a result of failure to report a problem, malfunction or damage in a timely manner.
FORCE MAJEURE; REFUNDS: Notwithstanding anything in this Agreement to the contrary, AvantStay will not be responsible for, and will not provide refunds in connection with, events outside its reasonable control, including without limitation: (a) environmental and other noise; (b) personal emergencies of Occupants; (c) flight delays or other travel-related issues; (d) inclement weather; (e) internet or cable connectivity problems; (f) any government-declared evacuations or controls; or (g) any delay or failure caused by acts of God or other causes beyond AvantStay's reasonable control, including fire, flood, earthquake, accident, storm, explosions, strike or labor dispute, unavailability of supplies or labor, holdovers, pandemics, acts of war, terrorism and the like.
LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AVANTSTAY OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO, TORT (INCLUDING CLAIMS OF NEGLIGENCE, PERSONAL OR BODILY INJURY), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, OUR SERVICES, THE PROPERTIES, ANY AMENITIES AVAILABLE THEREON, OR COMMON AREAS ASSOCIATED THEREWITH.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKING PROPERTIES WE MANAGE IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE FOREGOING DOES NOT EXCLUDE ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
MISCELLANEOUS: AvantStay may freely assign this Agreement without consent to any affiliated entity or its successor in interest by way of merger, acquisition, or sale of all or substantially all of its assets. This Agreement shall be governed by, and interpreted in accordance with, the laws of the state in which the Property is located. Any and all legal matters arising out of this Agreement will be adjudicated in the city in which the Property is located. Should any provision contained in this Agreement be held to be invalid, illegal or enforceable by a court or other judicial tribunal of competent jurisdiction, the remainder of the Agreement will be in full force and effect. The parties agree that any such invalid, illegal or unenforceable provision will be replaced with a valid, legal and enforceable provision that most closely accomplishes the former provisions' economic effect. In no event will AvantStay be liable for lost profits, special damages, punitive damages or consequential damages under this Agreement. This Agreement and any incorporated documents are subject to AvantStay's and your obligation to act with good faith and fair dealing.
THIS IS A VACATION RENTAL AGREEMENT UNDER CERTAIN STATE LAWS, INCLUDING BUT NOT LIMITED TO, THE NORTH CAROLINA VACATION RENTAL ACT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.
This form has not been approved by the Colorado Real Estate Commission. This form was prepared by Jesse Michael Suarez, an attorney licensed to practice law in the states of Colorado and California for use by AvantStay, Inc. and its subsidiaries, including, AvantStay CA, Inc, AvantStay Northeast, LLC, AvantStay Southeast, LLC, AvantStay Southwest, LLC, AvantStay Rocky Mountain, LLC, and AvantStay Pacific West, LLC.
HOUSE RULES
You acknowledge the following House Rules, together with any Property-specific rules provided in a house manual, are in addition to and incorporated into the Guest Agreement and will be enforced by our staff at all AvantStay Properties. You are advised to keep in mind that vacation rental properties may be located in quiet, private neighborhoods. Please respect our neighbors and staff. Violation of any ordinance, regulation, or HOA rule may result in the immediate cancellation of your reservation, removal from the Property, and fines of up to $15,000. You agree as follows:
OCCUPANCY: Guests will not exceed the stated occupancy limits in the reservation without prior approval. No unauthorized Guest and/or visitor may stay overnight. In the event that you exceed the maximum occupancy number of the Property, you will be liable and pay a penalty fee of $500 per person for every person over occupancy.
EXCESSIVE NOISE; QUIET HOURS: You are not permitted to create excessive noise at the Property. Neighborhood quiet hours at all AvantStay Properties are strictly enforced from 9PM - 8AM, unless specified otherwise by AvantStay. Please be considerate of your neighbors. Outdoor music and noise must be kept under 60 dBA at all times and is not permitted after 9PM. Some local regulations may require stricter quiet hours or noise restrictions.
NO SMOKING: Smoking is NOT permitted anywhere on the Property. Damage liability and additional cleaning attributable to smoking will be paid by Guest.
NO PETS: Pets are not allowed unless Accommodation listing permits and agreed upon prior to booking. All pets are subject to a fee and additional deposit. If an unauthorized pet is on the Property, you are in breach of this Agreement and will be fined $100 per day. Service animals will be allowed as required by law, subject to AvantStay policies. Damage or additional cleaning attributable to animals will be charged to you. All pets and animals must be fully vaccinated, non-aggressive, free of fleas and ticks and fully house trained.
PARKING: Guest will not exceed the stated number of maximum vehicles in the reservation. We make efforts to make Guests aware of local parking restrictions; please refer to your House Manual for more information. You are solely responsible for adhering to local street parking restrictions, including HOA rules, and any penalties associated with violating said restrictions.
NO EVENTS; GATHERINGS; PARTIES: AvantStay recognizes that the Property is being used for group travel, which may include gatherings for the registered guests as part of the AvantStay experience. However, the Property may not be used for any parties (a) to which outside unregistered guests attend exceeding the maximum capacity limits as defined herein, (b) at which noise or loud music may be heard by neighbors or is in violation of any local regulations, (c) with music or noise during quiet hours, or (d) parties that are otherwise disruptive to neighbors or the neighborhood. Unless an event is pre-approved by AvantStay and a separate event agreement is signed, no events or group gatherings or parties are permitted at the Property.
Should you desire to plan an event or to engage any third-party vendor of any kind, you must contact AvantStay to ensure all requirements, including but not limited to signing an event agreement, insurance, permitting, parking, and security, are met. You are considering hosting any kind of gathering or event on the property above the maximum capacity limit stated in this Agreement; or You plan to engage any third-party vendor to provide services on-site.Upon discovery of an unapproved event, group gathering or party, you and your registered guests will be deemed in breach of this Agreement and AvantStay personnel or Security shall have the right to enter the Property to remove all persons not listed above as a registered guest, including forcibly removing persons if necessary.
This Agreement shall automatically terminate, and you and your registered guests agree to immediately vacate the Property. In violation of this provision, you and your registered guests agree that all monies paid towards this reservation will be forfeited and you may be required to pay liquidated damages in an amount equal to AvantStay's standard event fee, which you hereby agree is reasonable. You further agree that no legal action will be taken against AvantStay for any personal or property damages incurred.
NO COMMERCIAL USE; FILMING; PHOTOGRAPHY: Guest and registered guests will not use the Property for any commercial purpose, including professional filming and photography purposes at the Accommodation without prior written permission from AvantStay. Should you or your registered guests video/audio record or take photographs for commercial purposes without written permission from AvantStay, you will be in breach of this Agreement and may be removed from the Accommodation immediately without refund. Should such unauthorized recording(s) or photo(s) be distributed for commercial purposes, you will forfeit to AvantStay all proceeds, royalties, and/or revenue received from such distribution and will use all efforts to remove the unauthorized recording(s) and/or photograph(s) from distribution.
NO UNLAWFUL USE OF PROPERTY: Guest and registered guests may not use the property for any unlawful purpose including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband., and any pornographic or other filming and photography for commercial uses.
NO TRESPASS: Guests are only granted access to the premises within property lines. Accessing neighboring properties is strictly prohibited. Guests are responsible for any fines and penalties resulting from trespassing.
NO ALTERATIONS: Guest will not make any alterations in or about the Property including, but not limited to, moving furniture, painting, wallpapering, adding or changing locks, installing antenna or satellite dish(es), placing signs, displays or exhibits or using screws, fastening devices, nails or adhesive materials anywhere on the Property.
HOAs: Please be advised that Guests staying at any Property located in an HOA community, or similar, are required to follow local rules, ordinances, or regulations ("Local Rules"). Should Local Rules conflict with terms set forth in this Agreement, they will supersede you agree to abide by all rules and regulations set forth by local ordinances, which may include a "Good Neighbor Policy".
NO WEAPONS, VIOLENCE, OR HAZARDOUS MATERIALS: Occupant will not possess or cause to be present a firearm or other dangerous weapon on the Property. A "dangerous weapon" means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of causing death or serious bodily injury. Furthermore, Occupant will not engage in any violent behavior including fighting with or without a firearm or other dangerous weapon in or about the Property.
Without prior approval, fireworks of any type are strictly prohibited at the Property. Occupant will not allow fireworks, flammable substances, or other hazardous materials to be brought or used in or around the Property (other than charcoal or firewood in designated fireplaces and grills).
Occupants found to be in violation of this section will be liable for any corresponding property damage, and subject to $500 fine and immediate eviction from the Property without refund.
You and your guests agree to assume liability for pool, hot tub or spa use, dock use, and any use of any body of water on the Property, including the use of any related accessories or equipment such as diving boards, pool floaties, etc. No Lifeguard will be on duty - you and your guests will swim at your own risk.
If the Property is part of an HOA or rental complex, the following also apply. HOA or House Rules, if applicable will supplement or supersede these rules: 6. The pool, hot tub or spa may only be used during posted hours; 7. Adult supervision is required for anyone under the age of 14; 8. All drinks must be served in unbreakable containers; 9. No alcoholic drinks are allowed in the pool area, hot tub or spa; 10. Users must shower prior to using the pool, hot tub or spa; 11. Use the pool safety equipment only in case of emergency.
USE OF BICYCLES: Use of bicycles provided at the Property constitutes your agreement, on behalf of yourself and any of your guests, to voluntarily participate in an activity that has inherent risks and to assume all risks associated with the use thereof. You are aware that hazardous road conditions do exist and agree to operate the bicycle in a safe manner, including but not limited to, wearing a helmet at all times while operating the bicycle. You and your guests expressly release AvantStay from any and all claims, including for personal injury and property damage, even if caused by negligence. You further agree to hold harmless, indemnify, and defend AvantStay against any and all claims, demands, causes of action, damages, judgments, orders, costs or expenses, including attorney's fees, whether actually incurred or not, which may arise from or be in any way connected with your use of the bicycle. In the event that any bicycle is damaged, lost, or stolen during your stay, you agree to pay all costs of repair or replacement.
THERMOSTAT LIMITS: To prevent any damage to the HVAC system, the A/C thermostat may not be lowered below 72 degrees Fahrenheit at any time during your stay at the Property.
TRASH: All trash must be taken out and placed in trash bins. If not possible to place the trash in the bins, please place the trash bags alongside the inside garage wall. Trash is picked up once a week, if the bins are full please let our Customer Support team know.
MAIL: Guests may not receive mail or packages at the Property. We do not have access to the mailboxes at many of our Properties and cannot retrieve mail for you or your guests. We are not liable for items shipped to the Property that are lost, stolen or otherwise not received.
AvantStay reserves the right to make changes to the Terms set forth in this Agreement at any time. It is understood and agreed that by booking a Property with AvantStay you will have acknowledged and consented to all terms and conditions of the AvantStay Guest Agreement, on behalf of yourself and those in your party.
I/we, the undersigned, hereby apply for the above listed accommodation and warrant and agree that I/we (a) are 21 years of age or older, (b) have read, understand and agree to the terms and conditions of this application, (c) will occupy the Property solely in accordance with the agreement, for vacation purposes, and (d) will abide by all laws and any restrictions on use of said Property, and acknowledge that a breach of any of these terms may result in immediate eviction. I/we further understand and represent that I/we are executing this application on behalf of all parties named on the guest list.
THE CREDIT CARD SUPPLIED AT THE TIME OF RESERVATION WILL BE HELD FOR BACKUP SECURITY PURPOSES. It is hereby agreed that unpaid rent, fines and/or citations, excessive cleaning, damage, replacement costs for missing or removed items from the Premises, lost keys, lock-outs and/or charges incurred for additional services requested by guest(s) may be charged to this card, if necessary.
____ agreed to the terms of this Guest Booking Agreement on ____