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Terms and Conditions

Welcome to www.avantstay.com (the "Site"). AvantStay's Terms & Conditions below apply to all users and/or visitors of the Site as well as all guest reservations.

AvantStay, Inc. (hereinafter "AvantStay", "We", "Us", or "Our") provides an online venue that enables users ("You", the "Guests" or "Members") to search for and book Accommodations (as defined below) and other services described herein (collectively, the "Services"). PLEASE CAREFULLY READ THE TERMS & CONDITIONS SET FORTH BELOW AS WELL AS AVANTSTAY'S PRIVACY POLICY, GUEST AND BOOKING TERMS AND CONCIERGE SERVICES POLICY.

These Terms and Conditions contain important information regarding your legal rights and obligations, and include various limitations and exclusions of Our liability. These Terms and Conditions, Privacy Policy, Guest and Booking Terms, and Concierge Services Policy (collectively with any terms, conditions, and/or policies incorporated herein by reference or provided to you by AvantStay's Customer Support, are referred to collectively as the "Terms") are a binding legal agreement between you and AvantStay that govern your access to and use of the website, applications and other offerings from AvantStay, whether or not you use any Services or make any Reservations (as defined below). These Terms also govern your reservations, guest stay, and any concierge service bookings with AvantStay ("Agreement").

Last Updated: September 13, 2021

COVID-19 NOTICE: NO EVENTS, GROUP GATHERINGS OR PARTIES ARE ALLOWED AT ANY AVANTSTAY PROPERTIES UNDER ANY CIRCUMSTANCES. ONLY REGISTERED GUESTS ARE ALLOWED AT THE PROPERTY. AT THE TIME OF BOOKING, GUEST(S) ACKNOWLEDGE(S) THAT HE/SHE/THEY ARE AWARE OF ALL COVID-19 RESTRICTIONS, REGULATIONS AND EXECUTIVE ORDERS ISSUED BY THE STATE, COUNTY OR CITY IN WHICH THE PROPERTY IS LOCATED. YOU FURTHER ACKNOWLEDGE AND UNDERSTAND THE DANGERS, INHERENT AND OTHERWISE, IN STAYING AT OUR PROPERTIES WITH YOUR REGISTERED GUESTS DURING THE COVID-19 PANDEMIC, AND AGREE TO RELEASE AVANTSTAY FROM ANY AND ALL LIABILITY RELATED TO THE RISK OF BEING EXPOSED OR CONTRACTING COVID-19.

MEDIATION NOTICE: YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND AVANTSTAY WILL BE RESOLVED BY MEDIATION BEFORE RESORTING TO ARBITRATION OR COURT ACTION, AND YOU AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE AVANTSTAY PLATFORM.

General Terms and Conditions

Scope Of Services

AvantStay's vision seeks to enhance the short-term rental industry by delivering exceptional and unique stays for Our Guests. We lease and manage beautiful properties in top desirable markets and furnish every Property to AvantStay's opulent brand standards. Our mission is to set the new standard for alternative lodging by creating authentic and unforgettable experiences at Our beautiful homes. Whether you book through Our Site or with a third-party provider (e.g. Airbnb, HomeAway, VRBO, Booking.com, Expedia), you are booking an Accommodation maintained and operated by AvantStay.

User Requirements. Id Verification. Background Screening

To use Our Site or book a Property using Our Site, you must be 25 years or older. AvantStay reserves the right to raise the minimum age to rent specific properties. When booking a stay, you must provide accurate, current, and complete information for you and your reservation party. If you choose to register an account with AvantStay, you must also provide accurate, current, and complete information during registration and keep your account information up to date. You may not register more than one account or transfer your account to anyone else. By registering an account with AvantStay, you agree to comply with all of the Terms set forth herein.

You are responsible for maintaining the confidentiality and security of account credentials and may not share your credentials with any third-party. You are responsible and liable for activities and transactions conducted through your account or your use of the Site. You must immediately notify AvantStay if your registered account is compromised.

As permitted by applicable law, AvantStay may, but has no obligation to (i) ask you to provide and verify identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents. You hereby consent to background checks and screenings and identity verification by AvantStay. By booking with AvantStay, you authorize AvantStay to use your personal information (including name, address, date of birth, or other identifying information) to obtain these screenings, and you agree that AvantStay may, in our sole discretion, suspend or terminate your reservations, based on our evaluation of such screening.

By agreeing to this Agreement, you represent and warrant to Us that: (1) you are 25 years or older; (2) fully able and competent to enter into this Agreement; (3) you have not previously been suspended or removed from the Services or any of our Properties; and (4) your registration and your use of the Services and Our Properties is and will be in compliance with any and all applicable laws, rules and regulations. If you are an organization (i.e.- company), the individual accepting this Agreement on your behalf represents and warrants that he or she has the authority to bind you to this Agreement and you agree to be bound by this Agreement.

Non-US Users

The Services are controlled and offered by us from our offices in the United States of America. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own will and are responsible for compliance with local law. By providing information in connection with the Services, you consent to the transfer of your information to, and storage of your information in, the United States, the laws of which may not be as stringent as the laws of the country in which you reside.

No Use Of Avantstay Trademarks

"AvantStay," the AvantStay logos and "Go Far, Go Together" are trademarks of AvantStay, Inc. These and any other logos, trademarks and service marks of AvantStay, Inc. may not be used, copied, or modified without prior written consent of AvantStay, Inc. Additionally, the photographs, logos, designs, page headers and icons used on Our Site are trade dress of AvantStay. AvantStay trademarks and trade dress may not be used in connection with any product or service that is not AvantStay's and may not be used in any manner that discredits or disparages AvantStay. AvantStay prohibits use of any logo of AvantStay or any of its affiliates as part of a link to or from any website unless AvantStay approves such link in advance and in writing. You shall not use or register any domain name, social media handle, trade name, trademark, branding, logo or any other source identifier that may be confused with AvantStay branding.

You acknowledge that Our Site contains information, data, software, photographs, videos, typefaces, graphics, music, sounds, and other material (collectively, "AvantStay Content") that are protected by copyrights, trademarks, service marks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All rights, title and interest in and to Our Site along with any content or technology thereon are the exclusive property of AvantStay, Inc.

All AvantStay Content is copyrighted as a collective work under the U.S. copyright laws, and AvantStay, Inc. owns a copyright in the selection, coordination, arrangement, and enhancement of such AvantStay Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Except as provided by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. § 107), you may not upload, post, reproduce, or distribute in any way AvantStay Content protected by copyright, or other proprietary right, without first obtaining Our written permission.

Software

In connection with your use of Our website, you agree that you will not (i) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; (ii) use, display, mirror or frame any aspect of the Service (including any layout or design of any webpage or form contained therein), our name, or any of our trademarks, logos or other proprietary information, without our express written consent; (iii) copy, store or otherwise access any information accessible through the Service or any Property for any purpose not expressly permitted under this Agreement; (iv) Use manual or automated software, devices, scripts, robots or other means or processes to access or "hack" any web page or other services contained in the Service or to otherwise collect information or interact with the Service; (v) infringe, misappropriate or violate the rights of any individual or organization, including their intellectual property rights (including rights to trade secrets and moral rights), or their privacy, publicity, confidentiality, contractual, property or other rights; and (vi) use the Service or any Property to transmit, distribute, post or submit any information concerning any other individual or organization without such individual's or organization's permission including photographs, personal contact information or credit, debit, calling card or other account numbers.

Force Majeure

AvantStay shall not be responsible for, and shall not provide refunds in connection with, events outside Our reasonable control, including without limitation: (a) environmental and other noise; (b) personal emergencies of Guests; (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.

Limitations Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL AVANTSTAY, INC., OR OUR AFFILIATES (INCLUDING BUT NOT LIMITED TO OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE TO GUESTS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY OF THE SERVICES PROVIDED BY AVANTSTAY, WHETHER BASED ON A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF AVANTSTAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL AVANTSTAY'S LIABILITY TO GUESTS FOR BREACH OF CONTRACT OR NEGLIGENCE, IN THE AGGREGATE, EXCEED THE TOTAL AMOUNT OF ONE HUNDRED DOLLARS ($100).

Mediation; Litigation

AvantStay's commitment to customer satisfaction has been strongly embedded in our company culture and values. It is important to Us that Our homes and the services provided meet customer expectations in all respects. Thus, if a problem should arise, please contact AvantStay Customer Support at experience@avantstay.com, and we will try to resolve your concerns or claims relating in any way to the Site, any dealings with our customer support agents, stays or Services provided by AvantStay. If we are unable to resolve your concerns or claims, you may pursue claims as set forth in this Section.

You agree to mediate any dispute or claim arising out of these Terms, or any resulting transaction, before resorting to arbitration or court action with an experienced mediator, with a strong preference given to former state or federal judges. Mediation fees, if any, shall be divided equally among the parties involved. If the dispute or claim is not resolved within sixty (60) days of the commencement of mediation, either party may proceed by litigation or, if mutually agreed, arbitration. Any and all proceedings to resolve claims will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive your right to participate in or be represented in any class or representative action regarding any claim or dispute. If for any reason a claim proceeds in court rather than in mediation, you waive any right to a jury trial.

To begin mediation proceedings, you must send a letter requesting mediation and describing your claims to "Attn: AvantStay Legal" at AvantStay Inc., P.O. Box 35539, Los Angeles, CA 90035. If we request mediation against you, we will give you notice at the email address or street address you have provided.

Applicable Law And Jurisdiction

The laws of the State of California, without regard to California's rules regarding conflict of laws, shall apply to any disputes arising out of or relating to these Terms and your use of the Site. Any claims arising out of or relating to these Terms and/or your use of the Site shall be litigated exclusively in the state or federal courts of California State, Los Angeles County, and you and AvantStay waive any and all rights to a trial by jury and consent to personal jurisdiction in those courts. Any disputes arising or related to Our Properties shall be governed by the law of the State in which the Property is located.

Termination

You acknowledge and agree that AvantStay, in its sole discretion, may temporarily or permanently suspend or terminate your access to Our Services or registered account for any reasons, including but not limited to repeated cancellations or attempts to cancel confirmed reservations, without notice to you. AvantStay shall not be liable as a result of any such temporary or permanent suspension or termination of your registered account or use of Our Services.

Indemnification

Guest and registered guests agree to defend, indemnify, and hold harmless AvantStay, its trustees, directors, officers, employees and agents from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage, or injury to you, your guests and any personal property in connection with the use of our website and Accommodation. This indemnity obligation shall survive termination of this Agreement until satisfied.

No Waiver; No Binding Effect

The failure of AvantStay to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of AvantStay's rights or deprive AvantStay of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

Modification To Terms

AvantStay reserves the right to modify these Terms at any time and for any reason. Any modifications, amendment, or cancellation of these Terms that occurs prior to your stay is hereby effective immediately and deemed incorporated into the Terms governing the reservation. You should check our website regularly for updates to these Terms. Your continued use of Our Site and/or any Services provided by AvantStay will constitute your acceptance of the revised Terms.

Severability

In case any provision in this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof.

It is understood and agreed that by using Our Site, whether or not you use any Services or make any Reservations, you shall have acknowledged and consented to AvantStay's Terms, on behalf of yourself and those in your party.

Guest and Booking Terms and Conditions

Booking Accommodations And Reservation Procedure

As set forth above, AvantStay leases and manages properties which We design, furnish, maintain and/or operate for short, medium or long term use by Our Guests ("Accommodations" or "Property"). When booking an Accommodation through Our Site, you are agreeing to pay all costs associated with the booking including the nightly rate, applicable Taxes, and any other fees, including but not limited to cleaning fees, listed during checkout (collectively "Total of Stay"). You are also agreeing that AvantStay may charge and collect any security deposit identified during checkout. Upon completion of your booking, you are agreeing to comply with all of the Terms herein, and any further provisions and/or documents provided to you by Us regarding your specific booking.

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. Please note Guest will not receive check-in instructions and shall not be allowed to check-in to the Accommodations until the Total of Stay amount is fully paid, ID verification and background check has been completed, and all relevant homeowners association documents (if applicable) and necessary waivers have been signed. By providing payment for your booking and identification for ID verification, you have agreed to these Terms herein. Guest shall be responsible for the cost of the reservation at the time of booking. Once you have booked and checked into an Accommodation, AvantStay has granted 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 these Terms.

MAXIMUM NUMBER OF GUESTS. You further 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. If you exceed the maximum number of guests listed on your reservation, AvantStay is entitled to require you to vacate and remove from the Accommodation in a manner consistent with applicable law. 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. 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 security deposit (if any).

LATE CHECK-OUTS. 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. Late check-out may be accommodated from time to time, so please reach out to AvantStay Customer Service beforehand. However, if you check-out later than the time stated on your confirmation email without prior consent by AvantStay, you authorize AvantStay to charge you in order to collect Late Check-Out Fees and/or withhold your security deposit (if any).

TAXES. 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 our Services, Properties and other concierge services offered in certain jurisdictions. The actual tax amount charged may vary depending on the rates in effect at the time of your stay. Certain local government agencies may require AvantStay to collect and remit such occupancy taxes.

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: extra cleaning fees, unauthorized pool heat, or unauthorized pets, are discovered during or within a reasonable amount of time after your stay, your credit card on file will be charged for said amounts. No charges will be processed without prior written notice.

Cancellations And Modifications

Cancellation policies may vary with each Property. Please see listings. Please note that if your reservation dates have been moved, all cancellation policies remain attached to your original reservation date. Sign-in to your registered account for more information.

Cancellation by Guest. Receive a full refund up to 60 days before check-in. Receive a 100% Travel Credit or 50% refund up to 30 days before check-in. Receive a 50% Travel Credit up to 14 days before check-in. Cancellations less than 14 days before check-in are non-refundable.

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, weather or inaccessibility, accidental double booking on multiple platforms 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.

Authorized Use And Guests

The Accommodation is for the sole use as a personal vacation rental by Guest and their registered guests. Guest shall be responsible for all person(s) that he/she causes to be at the Property.

Joint And Individual Obligations

If there is more than one Guest, each one shall 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 shall survive until satisfied.

Transient Occupancy

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.

Utility Agreement (For One Month Or Longer Reservations)

For vacation rental stays for one month or longer, you acknowledge and accept that, unless otherwise agreed to in writing by AvantStay, you will pay for ALL utilities (Gas & Electric) during your stay. The total utilities will be deducted from the Security Deposit and billed thereafter. Security Deposits will be refunded within 45 days after departure for one month or longer reservations. A $45 utility processing fee will be applied to the reservation which covers the administrative hours required to prorate your utility usage. If your utilities usage exceeds the amount of the security deposit, you authorize AvantStay to charge you in order to collect the balance of usage remaining.

For stays less than thirty (30) days, the amount paid for Utilities assumes a normal usage; excessive usage and pool heating (if applicable) will be charged separately and paid for by Guest.

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 shall have the option to terminate your reservation and/or retain the reservation fee charged.

Concierge Or On-Site Services

Please refer to our Concierge Services Policy below.

Security Deposit/Additional Costs

NO SECURITY DEPOSIT REQUIRED: In the event that AvantStay needs to (i) cure your default in payment of any amounts due to AvantStay, non-sufficient funds ("NSF") fees or other sums due; (ii) repair damage, excluding ordinary wear and tear, caused by you or your registered guests; (iii) clean the Property or remove excessive garbage; (iv) replace or return personal property or appurtenances, common areas and recreational facilities and/or (v) replace any lost keys (collectively, "Guest-Caused Damages"), AvantStay shall send you a bill with itemized charges that you shall pay within seven (7) business days. Should you not remit to AvantStay the full outstanding amount specified in the bill, we shall 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 shall incur an additional fee of 5% of the overdue amount (or such lesser amount as is required by law).

SECURITY DEPOSIT REQUIRED: In the event of any Guest-Caused Damages, AvantStay shall send you a bill within seven (7) business days with itemized charges and deduct this amount from the security deposit. Where the security deposit is insufficient to pay the Guest-Caused Damages, you agree to allow AvantStay to charge your credit card on file to pay the additional costs or the provisions of the immediately-prior paragraph shall apply with respect to such additional amounts. AvantStay is not required to keep security deposit funds (if any) in a trust account, nor required to pay any interest on it, unless required by law. Within fifteen (15) days of you vacating the Accommodation, AvantStay will refund the entirety of the security 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 an itemized statement.

No Pets

Pets are not allowed unless agreed upon in writing by AvantStay; service animals and emotional support animals will be allowed upon advance written notice to AvantStay. If an unauthorized pet is on the Property, you are in breach of this Agreement. Damage or additional cleaning attributable to pets shall be charged to you, together with a fine of $100 per day with a minimum of $500. All pets and animals must be fully vaccinated, non-aggressive, free of fleas and ticks and fully house trained.

No Smoking

Smoking is NOT permitted anywhere on the Property. Damage liability and additional cleaning attributable to smoking shall be paid by Guest.

Good Neighbor Policy

You agree to abide by all rules and regulations set forth by local ordinances, which may include a "Good Neighbor Policy". You are advised to keep in mind that vacation rental properties may be located in quiet, private neighborhoods. Please respect our neighbors. Anyone found violating any ordinance, regulation or HOA rule may be evicted from the property and face fines of up to $15,000. Guests will not be given a refund for issues related to ordinance violations. Possible violations include, but are not limited to, outdoor sound amplification, over occupying parking areas, over occupying rental property, and failing to follow any of these House Rules.

Quiet Hours

Neighborhood quiet hours in all AvantStay Properties are strictly enforced from 9PM-8AM, unless specified otherwise by AvantStay. Some local regulations require stricter quiet hours or noise restrictions.

No Excessive Noise

You are not permitted to create excessive noise at the Property. 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 specific properties and local regulations require stricter quiet hours or noise restrictions.

No Events; Gatherings; Parties

AvantStay recognizes that the Accommodation is being used for group travel, which may include birthdays, reunions or other events for the registered guests as part of the AvantStay experience. However, as mentioned above, the Accommodation may not be used for any parties (a) to which outside unregistered guests are invited or attend, (b) at which noise or loud music may be heard by neighbors or is in violation of any local regulations, (c) parties with music or noise during quiet hours, or (d) parties that are otherwise disruptive to neighbors or the neighborhood. **Unless registered with and pre-approved by AvantStay as a special event, no events or group gatherings or parties are permitted at the Property. AvantStay Properties are not intended to be used for any events, group gatherings or parties. Only guests registered for the Property as listed on this Agreement should be on the Property. You are not permitted to exceed the maximum occupancy number on the Property. In the event that you exceed the maximum occupancy number of the Property, you shall be liable and pay a penalty fee of $500 per person for every person over occupancy.** Upon discovery of an 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. The reservation and these Terms 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 no legal action will be taken against AvantStay for any personal or property damages incurred.

Condition Of Property

Guest has not viewed the Property prior to booking Accommodations. Guest shall, on arrival, examine the Property, all furniture, furnishings, appliances, fixtures, and landscaping, if any, and shall immediately report, in writing, if any are not in operating condition or are in disrepair. Guest shall 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.

Maintenance

You and your guests shall 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 shall 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 shall 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.

Alterations

Guest shall 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.

Cleaning. Damage To Avantstay Homes

The Property will be delivered to the Guest in a professionally cleaned condition. We do not provide nightly housekeeping. You may request to schedule an mid-stay cleaning for an additional fee by contacting AvantStay Customer Support. Please note the cleaning fee paid by Guest during booking is for three hours of cleaning after your departure from the Property; as mentioned herein, additional charges will be incurred where additional cleaning is required because of guest's use of the Property.

Upon termination of occupancy, you are responsible for leaving the Accommodations (and all property within the Accommodations) in the condition it was when you arrived, less ordinary wear and tear. You and your guests are responsible for your own acts and omissions along with the acts and omissions of any individuals who are invited to the Accommodations by You/ your guests. Should we determine that You/ your guests/ invited guests damaged the Accommodations or any property therein during your stay, including but not limited to missing personal property, broken furniture, fixtures or equipment, smoking inside the Accommodation or excessive uncleanliness requiring additional cleaning, you acknowledge, agree and authorize AvantStay to charge the credit card used to complete your booking. An itemized list of the damages will be sent to the e-mail address provided for your booking. Should you dispute the charges, please contact AvantStay Customer Support at experience@avantstay.com within 30 days of check-out from the Accommodation.

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.

Obligation To Follow Rules + Surveillance

Each Accommodation may be monitored by video electronic surveillance on the exterior of the house for guest security and to ensure that the rules of the community are respected. You acknowledge that the Accommodation may be under 24-hour exterior surveillance and security monitoring and patrols. Accommodations may include noise alert monitoring systems in order to ensure that neighborhood noise levels are respected.

SAFETY FEATURES. 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 shall be considered a material breach of this Agreement and will be just cause for termination of this Agreement and your removal from the Property.

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

Any personal property of you or your guests, including vehicles is not insured by AvantStay against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent act of others. AvantStay does not insure against personal injury to you or your guests due to any reason other than a hazardous condition on the Property that exists as a result of AvantStay, Our employees, and/or Our agents' gross negligence or intentional misconduct. You and your guest acknowledge and agree to be responsible for your own safety with respect to any pool, hot tub, play equipment, dock, and other amenities on the Property. Children must be closely supervised at all times while on the Property.

AvantStay recommends that Guest carry or obtain insurance to protect themselves and their personal property from any loss or damage. AvantStay shall not be held liable for any damage or injury to you or your guests, or any other person caused to be on the Property by you or your guests, or to any property, occurring on the Property unless such damage is the legal result of the gross negligence or willful misconduct of AvantStay, Our agents, and/or Our employees. Guest waives any such claims against AvantStay on its behalf and on behalf of the registered guests including, without limitation, loss or damage due to theft, casualty, water leakage, smoke damage, mold, vermin or other matters.

Rules; Regulations; Nuisance; Disparagement

You agree to comply with any and all applicable federal, state and local laws, rules, regulations, covenants, conditions and restrictions (CC&R's) and codes related to your use and occupancy, and any post on the Property or delivered to you via email or personally. You shall not, and shall ensure your party shall 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; (v) commit waste or nuisance on, about or around the Property or (vi) take any action that would injure or derogate AvantStay's reputation in any way, including publishing, endorsing or making any untrue statements, disparaging remarks or derogatory statements about AvantStay, any of Our employees or agents, and the Property, whether online or otherwise.

Anyone found violating ordinances or homeowners association rules may be evicted from the Property and face 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.

Condominiums; Planned Unit Developments, Homeowners Associations

The Property may be in a condominium, planned unit development or other development governed by a homeowners association ("HOA"). You agree to comply with all covenants, conditions and restrictions, bylaws, rules, regulations and decisions of the HOA. The terms and conditions stated herein are a way of notifying you of the rules and regulations of the HOA. You shall reimburse AvantStay for any fines or charges imposed by the HOA or other authorities due to any violation by any Guest Parties

No Assignment, Subletting. No Additional Use Of Property

Guest shall 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 shall 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 Security Deposit, if applicable, and be held liable for any costs or damages incurred by AvantStay.

No Commercial Use. Video/Audio Recording And Photographs

Guest and registered guests shall not use the Property for any commercial purpose, including creating video/audio recordings or taking photographs for commercial 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 shall forfeit to AvantStay all proceeds, royalties, and/or revenue received from such distribution and shall 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 Weapons, Violent Behavior, Hazardous Materials

Guest shall 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, Guest shall 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. Guest shall 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).

Guest found to be in violation of this section shall be liable for any corresponding property damage, and subject to $500 fine and immediate eviction from the Property without refund.

Obligations Upon Termination Of Occupancy

Upon termination of occupancy, Guest shall: (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.

Reviews

After each booking, Guests will have an opportunity to submit an NP Score ("Net Promoter" Score or "NPS"). Your NPS must be accurate and should be truthful and relevant to your stay at Our homes and interaction with the AvantStay team.

Use Of Pools, Hot Tubs And Docks

The use of swimming pools, hot tubs, and spas, docks, ponds, lakes, beaches and any accessory or related equipment, while providing exercise, recreation, and relaxation can be inherently dangerous. You and your guests are strongly cautioned to adhere to the following safe practices:

  1. No diving into the pool or hot tub or spa;
  2. No intoxicated persons may use the pool or hot tub or spa;
  3. No use of glass containers by the pool;
  4. No one should use the pool or hot tub or spa alone;
  5. Children may never be left unattended when they may gain access to the pool, hot tub or spa, not even for a few seconds.

You and your guests agree to assume the risk and 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 shall 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:

  1. The pool, hot tub or spa may only be used during posted hours.
  2. Adult supervision is required for anyone under the age of 14
  3. All drinks must be served in unbreakable containers
  4. No alcoholic drinks are allowed in the pool area, hot tub or spa
  5. Users must shower prior to using the pool, hot tub or spa
  6. 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.

Properties Located on Golf Courses

For all properties located on golf courses, please be aware there is a risk of being injured by nearby golf activities. As such, you and your guests agree to assume the risk and dangers for using the outdoor area of the property, near or adjacent to the golf course, which may result in being hit by a golf ball or other injuries.

Additional House Rules

  1. Any guest not on the original reservation may not stay overnight on the property. Guests shall not exceed the stated occupancy limits in the reservation.
  2. All visitors of the Property are the sole responsibility of the Guest.
  3. 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.
  4. 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.
  5. Be mindful of local street parking restrictions;
  6. 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.
  7. All dishes must be placed in the dishwasher and turned on upon departure

Additional Local Requirements Or Regulations

  1. Noise:
    1. City of Palm Springs, CA:
      1. No noise amplification devices outside at any time
      2. Quiet hours (less than 60 decibels) 10pm - 8am
    2. City of La Quinta, CA & PGA West HOA (within the City of La Quinta, CA):
      1. No noise amplification devices outside at any time (speakers or phones included)
    3. Montage HOA (within the City of Indio, CA):
      1. Quiet hours from 10am-7pm
  2. Occupancy:
    1. City of Palm Springs, CA:
      1. Overnight Occupancy: 2 per bedroom but maximum of 8 guests + 2 children under age 12
    2. City of La Quinta, CA & All Properties:
      1. No guests allowed on site beyond those listed on this Rental Agreement
  3. Parking:
    1. City of Palm Springs, CA:
      1. Number of cars must not exceed the number of bedrooms
    2. City of La Quinta, CA:
      1. Parking limited to driveways, carports and garages
    3. PGA West HOA (within the City of La Quinta, CA), specifically:
      1. Cars should be parked in the garage and driveway first, with the garage door closed.
      2. No more than 2 cars may be parked on the street overnight (between 10:00pm - 7:00am) after utilizing all available onsite capacity.
      3. Overnight parking is limited to 5 cars per unit total (meaning between the garage, driveway, and street).
    4. Montage HOA (within the City of Indio, CA):
      1. Parking allowed for up to 4 cars.
      2. Guests must utilize garage and driveway parking first before parking any cars on the street. Cars cannot be parked on the street overnight or for more than 4 hours.
      3. Park straight in the driveway, no diagonal parking.
      4. No street parking on Tuesdays due to street sweeping.
      5. Any RVs, trailers, campers, motorcycles, or cars with writing on them must be parked inside the garage with the doors closed.
    5. City of Newport Beach, CA:
      1. Do not park in the driveway if it obstructs the sidewalk in any way. Never block the sidewalk (even just for a few minutes)
      2. Only park inside the garage
      3. Obey all posted signs for street parking rules, If street parking is necessary

Concierge Terms and Conditions

Concierge Services

We offer Concierge Services to enhance your stay at selected AvantStay properties. Our team can assist you with creating a personalized itinerary so every minute of your trip is unforgettable. Some special offerings we can arrange, depending on the AvantStay property location, include ground transportation, private aircraft charter, private chef service, hot air balloon rides, pre-arrival fridge stocking, at-home massages, guided tours and much more (“Concierge Services”). Whether you’re gathering for a family retreat or celebrating a special occasion, let us elevate your travel experience.

We may, but shall not be obligated to offer Concierge Services for an additional fee from time to time. If so offered by Us and so requested by you, we will mutually agree on the dates and times for such services and we and/or the applicable third-party service provider shall have the right to enter the reserved Accommodation to perform such services. To the extent that we offer and you request or use any such Concierge Services, you hereby agree to comply and ensure your registered guests’ compliance with all of the applicable rules with respect to use of such Concierge Services. You shall be responsible for any damages that you or your registered guests cause.

Purchases

You agree to pay all applicable fees related to your use of any Concierge Services arranged through AvantStay’s mobile app, Concierge Services emails or Customer Experience team member. Some Concierge Services may be directly charged by the provider, and we will update you on the method of payment for the services. By providing a payment method, you expressly authorize AvantStay to charge the applicable fees for goods or services, taxes and other charges incurred at the time of purchase, and thereafter each time you accrue any additional charges for additional services. We may use a third-party payment processor, and we have the right to cancel any Concierge Services requested if your offered payment method cannot be processed. You acknowledge and agree that AvantStay may receive a service charge, commission, referral or concierge fee in addition to the direct cost of the Concierge Services, either included in the guest fee or directly from the provider.

AvantStay may decline any Concierge Services request for any reason. If your request is declined by us, you will receive a full refund. AvantStay, at its sole discretion, may offer different promotional features and different rates to any customer. AvantStay may change the schedule of fees for some or all of the Concierge Services from time to time.

If there is an error with payment, please notify us as soon as discovered and we will take the necessary steps to rectify it.

Please note that until Concierge Services and/or reservations are confirmed by AvantStay or the third-party provider, all Concierge Services requests are subject to availability and prices are subject to change.

Third-Party Sites and Providers

AvantStay sometimes provides links via our mobile app and AvantStay emails to third-party websites or co-branded webpages. If you choose to use these links to purchase any Concierge Services, you will be redirected to websites or webpages that are not associated, owned or controlled by AvantStay. If you decide to access any of the third-party websites or co-branded webpages linked from the mobile app or AvantStay emails, you are doing so at your own risk, and those sites should have their own privacy policies and terms and conditions or services. By using the Concierge Services, you acknowledge and agree that AvantStay is 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’s products, services or websites. AvantStay makes no representations or warranties and does not endorse any third-party services. AvantStay does not assume any liability or responsibility to you or any other person for any third-party products, services or websites.

Certain third-party providers of goods or services may require your agreement to additional or different terms prior to your use of or access to their goods or services, including liability waivers for hazardous activities, and AvantStay disclaims any and all responsibility or liability arising from such agreements between you and the third-party providers.

Cancellation of Concierge Services

Cancellation policies vary by third-party providers. If you decide to cancel any purchase of third-party products or service, such cancellation shall be pursuant to the then current cancellation and refund policies of such third-party. You further agree to pay and be responsible for any penalty or fees associated with such cancellation of third-party products or services, and understand and acknowledge that if you cancel any services within a non-refundable timeframe, no refunds for the services will be provided by AvantStay.

Waiver and Release

By purchasing or utilizing any Concierge Services, you hereby release, waive, discharge and covenant not to sue AvantStay, Inc. or its trustees, directors, officers, employees and agents or representatives from any and all liability, claims, demand, actions and causes of action whatsoever 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 of the property belonging to you or your guests. You agree that AvantStay will not, under any circumstances, be responsible or liable, directly or indirectly, for any claim, damages or loss related to your use of the Concierge Services.

You acknowledge and understand that some of the Concierge Services offered by AvantStay may be dangerous or inherently dangerous, and your participation in such dangerous or inherently dangerous activities is at your own risk.

You acknowledge and understand that you are responsible and liable for your own acts and the acts of anyone you invite to join or provide access to the Concierge Services. If you are booking for an additional guest who is a minor, you must be legally authorized to act on behalf of the minor and agree to be solely responsible for the supervision of that minor.