For legal and accounting purposes, the person placing the reservation must be the same as the credit/debit card holder. This person is considered to be the guest. All other persons involved with the rental are considered to be the guest's invitees, and all discussion regarding reservation, cancellation, and damage policies will be discussed with the guest, not the guest's invitees. Guest(s) understand that the person entering into the lease agreement must be present during the vacation stay. Specifically, no parent, grandparent, or other person may enter into the lease agreement and allow persons under the age of 25 to occupy the property without the person signing the lease to be present and supervise.
The owners of the vacation properties require that McLean Company book their homes with individuals that are: (1) families, (2) business owners, their employees, or their representatives, and (3) other responsible groups. Notwithstanding the above, fraternities, sororities, and other associations that are primarily comprised of individuals under 25 years old are not permitted to reserve and stay in MCR represented vacation properties.
By signing this lease agreement you acknowledge that you are of the age of 25 (or older), to sign this lease agreement and will be bound by all City and State laws.
DOWN PAYMENT/ PAYMENT
A 50% deposit payment is required upon booking. Final payment will be required prior to checking-in to your vacation rental. All rental amounts and rental fees should be made payable to McLean Company. A deposit is required in the amount of one-half of the total rental cost, plus Trip Interruption/Cancellation Insurance if purchased. A copy of guest(s) credit card and driver’s license must be furnished to McLean Company in order to reserve property.
TEMPORARY STAY AGREEMENT
Guest(s) acknowledges and understands that this is a vacation rental agreement for temporary vacation stay at a managed vacation rental property. This agreement is not a lease and conveys no rights in real property. By agreeing to these terms and conditions, you stipulate that you have not and will not receive a real property interest in or rights to the vacation rental property. This rental agreement is unique to Guest and may not be sublet or otherwise assigned to any other persons. If the property is a condominium, then Guest agrees to abide by all condominium association rules where applicable.
Check in is between 2:00PM – 5:00PM. An early arrival may be arranged, pending other reservations and the housekeeping schedule. Please contact us prior to your arrival to make these arrangements. Unless you have specifically arranged for an early arrival time, please do not arrive before your schedule check in time.
Check out is at 10:00AM. Your prompt departure is appreciated so we can prepare the vacation rental for any incoming guests. A late departure may be arranged, pending other reservations and the housekeeping schedule. If you have not arranged for a late check out, you may be charged a fee for each hour beyond 11 am you are still on property, at a minimum of one hour. If the property has not been vacated by your check out time, a fee equal to the rental rate of one day may be assessed.
Guest(s) acknowledges and understands no credit will be issued in the case of early departure.
In the event that you must cancel your reservation, please notify us in writing as soon as possible. If written notice is received at least 30 calendar days prior to your arrival date, refunds of advanced payments will be refunded, less a $100 cancellation fee. Reservations of one month or greater, cancellation notice must be received at least 60 calendar days prior to your arrival. If your reservation also includes the $89.00 deposit waiver, this option is non-refundable. If cancellation occurs within 30 calendar days of your arrival date, or 60 days of your arrival for a month or longer reservation, any refund is subject to the ability of Manager to re-rent the property. Every effort will be made to re-rent the property. However, if the property is not re-rented, no money will be refunded. If the property is re-rented, all monies received, less a $100 cancellation fee will be refunded.
Any canceled reservation held for 120 days or longer will result in a forfeiture of all monies paid. If we are able to re-rent the property for the nights you have cancelled, after the guest checks-in you will receive a refund for the nights re-booked; refund subject to standard $100 cancellation fee.
Guest(s) understands that rental rates are based upon a maximum of two persons per bedroom. Children are counted in total occupancy, unless they are under the age of two. Occupancy (having more than two persons per bedroom) is a serious violation and breach of these Terms and Conditions, and Manager reserves the right to deny access or to have the premises vacated with no refund of monies.
NUMBER OF GUESTS
Change in number of guests/conduct of guests: guest(s) agrees that more than the number of people stated on the reservation shall not occupy the premises. Unauthorized people at the vacation rental at any time could result in extra charges for each additional guest, in addition to any and all damage, disturbance, and cleaning charges. The rental is not intended for parties, nor gatherings at any time of anyone except those who have paid to occupy the property. Exceptions are made on an individual basis - please contact McLean Company for prior approval. If there is excessive noise or music, any illegal activity, or evidence of violation of these policies, you may be asked to vacate the premise without any refund and additional charges may be assessed. Please inform us of any change in the number of guests before your arrival to avoid these charges and so the cabin can be prepared appropriately for your group. No exceptions or refunds are given for changes in the number of guests after your arrival.
Should a police call be required as the result of noise, nuisance, trash, underage drinking, parking, over occupancy without exception or any other reason, the occupancy will be void with no refund due.
Unless otherwise authorized in writing by Manager, no celebrations, parties or other events (collectively "events") are to be held at the vacation rental property during your occupancy. Holding an event without receiving prior approval, permit or permission from Management is considered an abuse and breach of these Terms and Conditions and cause for immediate termination of Occupancy. Upon any infraction of rules, Manager may at its sole option, terminate all agreements with you, including termination of occupancy immediately. In this event, you will forfeit all monies, including security deposits.
GOOD NEIGHBOR POLICY
Guest(s) agrees to abide by all rules and regulations set forth by local ordinances, which includes a "Good Neighbor Policy". You are advised to keep in mind that vacation rental properties are located in quiet private neighborhoods. Please respect our neighbors. The cities of Palm Springs, Cathedral City, Rancho Mirage, Palm Desert, Indio and La Quinta have an ordinance that prohibits the use of outdoor music of any kind in vacation rental homes. Anyone found to be violating noise ordinances will be subject to a $250 fine and/or eviction without refund. This includes, without limitation, limiting sound amplification outdoors, over occupying parking areas, over occupying rental property, and failing to follow your agreement with Property Manager.
As a condition to the rental of all vacation properties, McLean Company reserves the right to charge the guest's credit card for any and all uncovered guest/invitee caused losses and damages sustained to the vacation property throughout the duration of their period of occupancy. In the event of any uncovered guest/invitee-caused loss or damage to the vacation property, including, but not limited to, undue cleaning, eviction, service calls, service charges, fines/assessments, repairs or replacements, plus all applicable taxes, McLean Company is hereby granted the right to charge the guest's credit card. By written or electronic endorsement of this agreement, the guest hereby agrees to pay for all such charges, as defined above and on the proceeding pages.
GUEST(s) shall be solely responsible to properly maintain the property during occupancy and agrees to replace or repair and pay for any breakage, damage, or loss caused by you or your visitors during occupancy, other than normal wear and tear.
We provide an optional Damage Insurance Protection Policy in lieu of a cash Security Deposit. The damage waiver covers unintentional damages to the rental unit interior that occur during your stay, provided they are disclosed to management prior to check-out. The policy will pay a maximum benefit of $800. Any damages that exceed $800 will be charged to the credit card on file from the renter.
Should Guest opt to pay a cash security deposit, the security deposit will be used by McLean Company, at its sole discretion, to pay for restoration of the property to move-in conditions, other than for normal wear and tear (“additional costs”.)
Additional Costs include without limitation, cleaning beyond normal wear and tear, removing excessive garbage, repairing or replacing any part of the premises, its contents, common areas and recreational facilities for damage caused after your move-in. In the event that said deposit is insufficient, you agree to allow MCR to charge your credit card on file to pay the additional costs or may send you an invoice that is payable in full upon receipt.
If all terms and conditions of the agreement are fulfilled the deposit will be returned in full within 14-21 BUSINESS DAYS AFTER DEPARTURE.
For vacation rental stays for one month or longer, Guest(s) understands that utilities of Gas & Electric will be deducted from the Security Deposit and a $45 processing fee will be applied. Additional funds for a utility deposit may be required depending on the length of stay.
For properties with Solar, a flat fee of $300 for utilities will be applied in lieu of prorated utility charges. Please speak with your vacation agent to confirm if the property provides solar.
If there are concerns or issues with your rental property, please immediately contact our office (leave a message if there is no answer). No refunds or considerations are given unless we are notified of problems during your stay.
In the event of a problem getting in the vacation rental or if there are problems with condition or functionality of the vacation rental, please immediately contact the office (leave a voice message if there is no answer!) at 760-322-2500. If it is after office hours we will make every effort to return your call as soon as possible.
We cannot guarantee against mechanical failure of heating, air conditioning, appliances, TVs/VCRs/DVD Players, stereo equipment or pools/spas. Please report any inoperative equipment to our office promptly. We will make every reasonable effort to have repairs done quickly and efficiently. No refunds or rent reductions will be made due to mechanical failures or malfunctions, interruptions of utilities, maintenance problems or construction in the area.
Many maintenance problems can be solved by following the phone instructions of our maintenance personnel. If you represent that the problem persists after being given phone instructions, a maintenance service professional will be dispatched. If the maintenance service professional discovers that following the phone instructions could have solved the problem, you will be responsible for the costs of sending of said vendor.
Optional pool heat is offered as an add on feefor all homes and condos with private pools and spas. Thermostats for pool heat are typically set at 82 - 84 degrees Fahrenheit. However, temperatures may vary and degree of warmth cannot be guaranteed. Your pool and spa will be properly cleaned in advance of your arrival. However, we experience winds in the desert that cause debris from Palm Trees and other materials to fall into the pool. Please advise the office if your pool is not clean, and we will make every effort to contact a pool cleaner, but please understand that we cannot guarantee that the pool person will be able to return to the property immediately.
GUEST(s) is not to adjust any pool or hot tub equipment; there will be a $100 fine per day to the guest for any occurrence.
When the windows and or doors are left open, and the air conditioning is turned on you may experience problems with the air conditioning. If the windows and or doors are left open and the air conditioner is running and trying to cool the home you will cause your air conditioner to freeze up and stop working.
Should this happen you will be responsible for paying a $125 service charge to thaw and restart the unit. We do not have an air conditioning staff available after office hours. Should you have a problem upon arrival at your rental, please let us know immediately.
Upon departure, Guest(s) shall leave property, premises and furniture in clean and undamaged condition. If property is not left in suitable undamaged condition, Guest understands that McLean Company reserves the right, and authorizes McLean Company to charge Guest for any necessary repairs, or for any unusual degree cleaning which may be necessary.
A list of departure instructions will be provided to Guest by McLean Company in advance of Guest(s) arrival.
PET FRIENDLY PROPERTIES
If property is designated as a "pet-friendly" property, Guest is responsible for the cleaning up and removal of all pet excrement. An additional cleaning fee of $100 (per pet) is required. If any sign of a pet is discovered that has not been pre-approved, guest authorizes McLean Company to charge the credit card on file for any additional cleaning required plus $100 per pet.
When traveling with individuals that are elderly, have a disability or other special needs, guest agrees to contact our offices so that we may help you find a vacation rental property that is convenient and accessible for all of the members of your party. Please understand that vacation rentals are considered under the law to be private homes and are not subject to the Americans with Disabilities Act. Nevertheless, we understand and care about your special needs individual, and will do our best to attempt to locate an appropriate place in the area for your party.
LINENS & SUPPLIES
Guest(s) will be provided with a start up kit which includes the following: Two rolls of toilet tissue per bathroom, one roll of paper towels, towels, hand towels, and wash cloths, one container of dish washing detergent, one sponge, trash bags, and dishwasher and detergent soap. Towels, sheets, pillows and blankets are provided, but not meant for outside use.
Smoking is not permitted in any McLean Company property. Violation of the no smoking policy will result in loss of deposit and or a $500 minimum additional cleaning fee.
Do not put any feminine products in the toilet. Plungers are provided if a clog occurs. Please do not pour grease down the drain.
RIGHT OF ENTRY
Guest(s) agree that McLean Company reserves the right to enter the rental property any time to investigate disturbances, check occupancy, check for damage, to make such repairs, alterations or improvements as we may deem appropriate.
While every reasonable attempt will be made to accommodate you, after you reserve a specific vacation rental property, we cannot guarantee another property will be available to move you, if the vacation rental property selected by you does not meet with your approval.
SECURITY & SAFETY RISKS
Always lock doors and windows when you leave the vacation rental! When you rent the vacation rental, you assume responsibility for it and its contents, as well as your personal property. Always lock the doors and windows when you leave the vacation rental. McLean Company does not assume any responsibility for injuries resulting from your failure to use due caution. Children must be supervised at all times.
McLean Company does not assume any responsibility for any items left behind. If requested, items may be returned via UPS with an additional $35 service fee.
Guest understands that if the property which is the subject of this agreement becomes unavailable for any reason, a suitable substitute property shall be found or all monies returned in full to the guest, with no further liability opposed upon Management or the property owner. Manager will not be in breach of the terms of this agreement if the cancellation by Manager is beyond reasonable control including and without limitation to a change in ownership of the property, a damage or malfunction of equipment, disturbances on nearby properties, construction in or adjacent to the property, labor disputes, governmental regulations or controls, fire or other casualty, holdover tenants from a previous rental, inability to obtain materials or services, technical failure or difficulties, problems or interruptions with the internet or television, computer viruses, acts of god, insurrection, terrorism, or any other cause.
We reserve the right to change reservation accommodations or refund all monies in full should a specific property become unavailable due to circumstances beyond our control.
Manager attempts to ensure that all of its properties are fully booked and reserved for the owners of the vacation rental properties. Unfortunately, we cannot permit you to remain on the vacation rental property beyond the date and time for checkout that you have previously agreed to during your reservation and confirmed by email, unless you have made a prior written agreement with McLean Company. If you hold over or remain on the vacation rental property beyond the time and date of checkout, you agree and consent to be removed from the premises and locked out of the vacation rental property by McLean Company, its representatives, and/or law enforcement. You further consent to permit McLean Company to remove your personal belongings to a location of McLean Company's choice, where you can retrieve them.
This is a vacation rental agreement for temporary vacation stay at a McLean Company managed vacation rental property. This agreement is NOT a lease and conveys no rights in real property. By agreeing to the above terms and conditions, you stipulate and agree that you have not and will not receive a real property interest in or rights to the vacation rental property.
INDEMNIFICATION & HOLD HARMLESS
While McLean Company and its property owners strive to maintain vacation properties in the finest condition, no guarantees are expressed nor implied regarding suitability or for any particular purpose. All guest(s) and their invitees use the vacation property structures and premises at their own risk. McLean Company and its property owners shall not be held liable or otherwise responsible in any way for injury to any guest and/or their invitees that is caused or permitted to be caused by the intentional or unintentional acts of said guest(s) and/or invitees, or by the failure of structures, appliances, (including hot tubs and bbqs) furnishings, and/or other equipment, whether by malfunction, misuse, acts of god/nature, and/or are otherwise naturally occurring.
No guarantees are expressed nor implied as to the suitability of utilities and other services provided to the vacation properties and adjacent structures and premises. No guarantees are expressed nor implied regarding the suitability/compatibility of materials utilized in the construction of the vacation property and/or its contents. McLean Company and its property owners shall not be held liable nor otherwise responsible in any way for allergic reactions to guest(s) or invitees, caused or permitted to be caused by materials utilized in the manufacture of the vacation property and/or its contents, nor from mold and/or airborne spores, nor from pet/animal allergens, nor from chemical agents including, but not limited to appliances, linens, carpeting, utensils, fixtures, hot tubs, and/or other equipment.
By written or electronic endorsement of this agreement, guest(s) and invitees hereby agree to forever hold-harmless and indemnify McLean Company and its property owners from and against all claims, demands, loss, liability/responsibility of any kind and character, including cost of defense, arising out of or in any way connected with the guest(s) use of the property.
Guest(s) acknowledges and understands that McLean Company is only responsible for reservations, house cleaning, and check out. McLean Company reports to vacation rental property owners, where said property owners are responsible for maintaining all aspects of their properties, including without limitation, providing insurance and improvements to the structures and land.
By agreeing to these Terms and Conditions, below, you waive, discharge and agree to hold harmless MJM Holdings, LLC and the real property owner from all damages or injuries arising from or related to your stay at managed property, including without limitation, any accidents or injury to yourself, your guests and associates, and loss of money, jewelry or valuables of any kind. You are responsible for keeping your valuables safe at all times.
Any and all legal matters arising out of this agreement shall be adjudicated in the City of Palm Springs, County of Riverside. Should any provision contained in any agreement between Manager and you 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. You 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 provision’s economic effect. You agree that facsimile signatures shall have the same authority as original signatures.