SUPPLEMENTAL CONTRACT TERMS AND HOUSE RULES

1. Frequently Asked Questions. For instructions on how to best enjoy Diamond View Summit, please see our FAQs under "house manual".

2. Civil Code 1865. Guest is hereby notified that California Civil Code Section 1865 provides as follows:

“Hotel”; “Guest”; Right to evict guest who fails to depart by posted checkout time

(a) For purposes of this section, “hotel” means any hotel, motel, bed and breakfast inn, or other similar transient lodging establishment, but it shall not include any residential hotel as defined in Section 50519 of the Health and Safety Code . “Innkeeper” means the owner or operator of a hotel, or the duly authorized agent or employee of the owner or operator.

(b) For purposes of this section, “guest” means, and is specifically limited to, an occupant of a hotel whose occupancy is exempt, pursuant to subdivision (b) of Section 1940 , from Chapter 2 (commencing with Section 1940 ) of Title 5 of Part 4 of Division 3.
(c) In addition to, and not in derogation of, any other provision of law, every innkeeper shall have the right to evict a guest in the manner specified in this subdivision if the guest refuses or otherwise fails to fully depart the guest room at or before the innkeeper’s posted checkout time on the date agreed to by the guest, but only if both of the following conditions are met:
(1) If the guest is provided written notice, at the time that he or she was received and provided accommodations by the innkeeper, that the innkeeper needs that guest’s room to accommodate an arriving person with a contractual right thereto, and that if the guest fails to fully depart at the time agreed to the innkeeper may enter the guest’s guest room, take possession of the guest’s property, re-key the door to the guest room, and make the guest room available to a new guest.  The written notice shall be signed by the guest.
(2) At the time that the innkeeper actually undertakes to evict the guest as specified in this subdivision, the innkeeper in fact has a contractual obligation to provide the guest room to an arriving person.

In the above cases, the innkeeper may enter the guest’s guest room, take possession of the guest’s property, re-key the door to the guest room, and make the guest room available to a new guest.  The evicted guest shall be entitled to immediate possession of his or her property upon request therefor, subject to the rights of the innkeeper pursuant to Sections 1861 to 1861.28, inclusive.

Owner/Innkeeper [x] DOES [ ] does not need the Guest’s room (the Premises) to accommodate an arriving person with a contractual right thereto. If Guest fails to fully depart at the time agreed to, Owner/Innkeeper may enter the Premises, take possession of the guest’s property, re-key the door to the Premises, and make the Premises available to a new guest.

Guest is aware of and agrees that if Owner is required to invoke Civil Code Section 1865, enter the guest’s guest room, take possession of the guest’s property, re-key the door to the guest room, and make the guest room available to a new guest; Owner may retain uniformed and armed security guards for these purposes; in which case, all costs thereof shall be paid by Guest.

3. Holdover Fees. If Guest remains in the Premises after the scheduled time and date of departure without the express consent of the Owner, Guest shall pay an amount equal to 150% of the daily fee payable for the last night of Guest’s scheduled stay. By way of example, if the amount due on the last night of Guest’s scheduled stay was $1,000.00; the nightly fee thereafter shall be $1,500.00.

4. Owner’s Personal Property. Guest is aware that the Premises includes a wide variety of personal property, such as kitchen utensils, appliances, tools, audio/visual equipment, furnishings, books, décor, etc. (hereinafter collectively referred to as “Owner’s Personal Property”). Guest is welcome to use Owner’s Personal Property in its normal and intended manner. Guest shall not damage nor remove any of Owner’s Personal Property. In the event that Guest (or any person occupying or visiting the Premises during Guest’s stay) damages, destroys, or removes any of Owner’s Personal Property, Guest shall reimburse Owner for: (i) the new replacement cost thereof; (ii) an administrative fee in the amount of $100.00 per hour, with a one hour minimum, for the time it takes Owner to locate, procure, deliver, and/or install replacement of Owner’s Personal Property; and (iii) reimbursement, if applicable, for any revenue that is lost or forfeited as a result of any Owner’s Personal Property being damaged or removed.

5. Excess Cleaning Charges. In the event that Guest: (i) causes Owner to incur any cleaning charges in excess of the amount already remitted to Owner; (ii) causes any damage or theft to the Premises; or (iii) causes Owner to incur any costs or losses that are not reimbursed to Owner by VRBO, Airbnb, any insurer, or any other third party within ten days after Guest’s departure; then Guest hereby authorizes Owner to procure reimbursement thereof by charging Guest’s credit card on file. If Owner is unable to do so for any reason, Owner may pursue and procure collection thereof via any and all means available to creditors, including the commencement and prosecution of legal action against Guest; and Guest shall be liable to Owner for all attorney’s fees and costs incurred therein. Venue and choice of law for any such action shall be in the County of Los Angeles, State of California.

6. No Events or Parties Without Permission. This reservation is for residential purposes only, and/or small groups up to 15 people only; and only for the Guests whose names are provided in writing to Owner prior to commencement of the reservation. Gatherings, events and/or parties in excess of 15 people are strictly prohibited; unless preapproved in writing by Owner.

7. No Commercial Photography or Video Without Permission. The Property shall not be used for commercial photography, video, nor any other media project; unless preapproved in writing by Owner.

8. Owner Remedies for Parties and Photography. Upon discovery of any unauthorized gathering, event, party, commercial photography, video, or other media-use of the Property; Guest shall thereupon be obligated to Owner for: (i) payment of DVS standard Venue Event Fees, at the rates set forth in the Venue License Agreement; (ii) payment or reimbursement of any and all fees, fines, and/or citations imposed upon Owner and/or the Property by any government authority in connection with Guest’s event; and (iii) any and all damages incurred by Owner as a result of lost future bookings and other consequential damages. Additionally, Owner’s personnel and/or security shall have the right to enter and remove all persons from the Property, including you and your registered guests. In this event, you will forfeit all monies, including security deposits.

9. Prohibited Items. Do not offer gum or gummy candies to guests, as these treats inevitably end up on and cause damage to the patios, sitting walls, and grass areas. Confetti and glitter are prohibited because it’s impossible to completely clean and becomes unsightly trash in a natural outdoor environment. Rice-throwing is also prohibited because it’s also impossible to completely remove and becomes food for insects and other pests. Decorative candles are strictly prohibited, due to obvious fire danger. Battery powered candles look great, and are more reliable, and far safer. Candles on cakes in the patio area are permitted, but must be immediately extinguished after presenting the cake.

10. Check-in and Check-out. Unless otherwise agreed in writing, Check-in time is 3:00 p.m. on the first day of the reservation, and check-out time is noon on the last day of the reservation. Early arrival and late departure may be available upon request, and must be requested via email to Owner. Guest agrees to pay an additional one hundred dollars ($100) per hour for each thirty (30) minutes that Guest remains upon the Property after noon on the day of departure. Said fee is not a penalty, but is a reasonable estimate of the additional costs likely to be incurred by Owner, including higher fees for cleaning due to rescheduling and compression of cleaners’ schedules and Owner’s schedules.

11. Occupancy. All guests names shall be provided to Owner prior to check-in. Children are counted in total occupancy count, unless under the age of two years old. Guest agrees to pay an additional fee of five hundred dollars ($200) per night per guest whose name was not provided to Owner prior to check-in. Said fee is not a penalty, but is a reasonable estimate of the additional fees likely to by incurred by Owner, including higher fees for cleaning, greater wear and tear on the Property improvements and personal property, and greater insurance expenses.

12. Quiet Hours. Exterior quiet hours are from 10:00 p.m. to 7:00 a.m. There are NO INTERIOR QUIET HOURS! You can go as loud and late as you want with interior music and noise; due to our Property’s unique location, and the distance to other residences.

13. Property Inspection. An inspection of the Property will take place 24 hours in advance of your arrival. If there are any concerns with the property, please notify Owner immediately to ensure that such issues may be remedied in a timely manner.

14. Host Cancellation Policy. 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, Owner may substitute a comparable unit or allow Guest to cancel and receive a full refund, or, if no comparable unit is available, Owner may cancel the reservation and provide a full refund of all payments made by you.

15. Change In Circumstances. If after booking is completed, and correspondence or discussions with the guest disclose a change in circumstances involving the reservation of this property, Owner has the right to refuse a reservation to the guest if the reservation is not conducive to the welfare of the property. Such circumstances include but are not limited to an event or party planned during the guest's occupancy of the property, violations of the occupancy limits, rules regarding pets, age limitations or Guest’s intended use of the Property. If the reservation is cancelled pursuant to this section, Owner will return all monies deposited to the guest.

16. No Pets. We love animals but they are not permitted at the Property. Any guest violating this prohibition shall: (i) subject to immediate removal from the Property, and shall not be entitled to any refund of amounts paid; and/or (ii) pay a property restoration fee in the amount of $2,500; which is the parties’ reasonable estimate of urine and defection remediation, and additional cleaning and sanitizing costs of all furniture, linens, and other materials that a pet may come into contact with. Guest shall also pay to repair or replace all property damaged by pets, such as scratched baseboards, doors, floors, etc.

17. Cleaning. All trash must be taken out and placed in trash bins and all dishes must be placed in the dishwasher upon check out. Please treat this home like you would your own and deliver the home in the same condition as you found it. If Guest generates trash in excess of the trash bin capacity, Guest shall pay all fees incurred by Owner for additional trash pick up by Owner’s trash removal service.

18. Utilities. Fees paid by Guest include normal usage of utilities; such as heat, cooling, propane, and power. Heating shall not be in excess of 73 degrees, and cooling shall not be below 72 degrees. Doors and windows must be closed if heating or cooling are in use. Any extraordinary consumption of utilities (as determined by Owner in its reasonable discretion) shall be paid by Guest; even if not discovered by Owner until up to sixty (60) days following the end of the reservation.

19. Parking. Guests may park anywhere upon the Property they desire; except that during and following rain, it is recommended that Guests avoid parking on the dirt, which turns to mud and may cause your vehicle to be stuck.

20. Guests’ Personal Property. You are responsible for keeping your valuables safe at all times. Owner does not provide a safe for Guests. By checking into the property, you waive, discharge and agree to hold harmless Owner and the real property owner from all damages or injuries arising from or related to your stay at the managed property, including but not limited to, any accidents or injury to yourself, your guests and associates, and loss of money, jewelry or valuables of any kind

21. No Smoking. Diamond View Summit is in a high risk fire zone, and is a smoke-free and smoke-residue-free environment. Therefore, Guest shall not smoke cigarettes, cigars, nor any other substance upon the Property. In the event of any smoking upon the Property and/or the discovery of evidence that Guest smoked upon the Property (such as ashes or cigarette butts); Guest shall pay: (i) an administrative fee in the amount two thousand dollars ($2,000), which is not a penalty, but is a reasonable estimate of the additional fees likely to be incurred by Owner; including but not limited to cleaning fees, upholstery replacement costs, increased insurance costs, increased risk of fire, loss of future license fees and/or rental income, and increased time incurred by Owner to monitor and enforce the no-smoking rule. Guest shall also pay all actual costs incurred by Owner as a result of smoking upon the Property; including cleaning costs in excess of the administrative fee noted above, and all damages to the Property, Owner’s Personal Property, and property owned by third parties.

22. Safety. Guest shall not use the Property in an unsafe manner. The following items are strictly prohibited: guns, rifles, weapons, fireworks, flammable substances, hazardous materials, or illegal substances permitted in or around the property. In the event of any prohibited item upon the Property and/or the discovery of evidence that Guest brought or used any prohibited item was upon the Property; Guest shall pay: (i) an administrative fee in the amount two thousand dollars ($2,000), which is not a penalty, but is a reasonable estimate of the additional fees likely to be incurred by Owner; including but not limited to cleaning fees, upholstery replacement costs, increased insurance costs, increased risk of fire, loss of future license fees and/or rental income, and increased time incurred by Owner to monitor and enforce the safety rules. Guest shall also pay all actual costs incurred by Owner as a result of prohibited items upon the Property; including cleaning costs in excess of the administrative fee noted above, and all damages to the Property, Owner’s Personal Property, and property owned by third parties.

23. Surveillance. The Property may be monitored by noise monitoring devices, periodic patrols, security, and 24-hour video electronic surveillance on the exterior of the house for guest security and to ensure that the house rules are respected. There is no electronic video surveillance monitoring the interior of the house. Do not tamper with any of our surveillance and safety equipment. Please report anything that needs replacing or fixing.

24. Maintenance/Repairs. 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. Owner will make every reasonable effort to have repairs done quickly and efficiently. If you demonstrate that the problem persists after being given phone instructions by Owner’s property associate, a maintenance service professional will be dispatched. Owner will always look for alternative solutions to ensure and prioritize guest comfort. However, NO REFUNDS NOR FEE REDUCTIONS WILL BE MADE DUE TO MECHANICAL FAILURES OR MALFUNCTIONS, INTERRUPTIONS OF UTILITIES, MAINTENANCE PROBLEMS OR CONSTRUCTION IN THE AREA. WHILE OWNER WILL MAKE EVERY EFFORT TO REPAIR ANY MAINTENANCE ISSUE IN A TIMELY MANNER, IT CANNOT GUARANTEE THAT THE ISSUE WILL BE FIXED DURING A GUEST STAY, AS THE COMPANY MAY HAVE TO GO THROUGH HOME WARRANTIES.

25. Credit Card Required. If applicable to your reservation, a major credit card may be required to hold a reservation and may be charged to pay for incidental charges, all amounts owed under these Rules, 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 along with the signed agreement. If any additional fees, costs, or damages are discovered during or within a reasonable amount of time after your stay, your credit card on file will be charged for said amounts. All charges will be subsequently followed with an email, which will breakdown the fees and/or damages. No charges will be initiated by Owner without prior written notice to Guest.

26. Security Deposit/Additional Costs. If applicable to your reservation, the security deposit will be used at the sole discretion of Owner to pay for the restoration of the property to its original move-in conditions (outside of other normal wear and tear). All stays of 30+ days require a security deposit. Additional costs include but are not limited to: 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 Owner to charge your credit card on file to pay the additional costs or we may send you an invoice that is payable in full upon receipt. If Guest’s credit card payment is not sufficient or not processed for any reason, Guest shall pay Owner all amounts owed directly. If all amounts owed to Owner are not paid in full, Owner may commence legal action against Guest, and Guest shall also pay all attorney’s fees and costs incurred therein. If all terms and conditions of the agreement are fulfilled, the deposit will be returned in full within 21 business days after guest departure.

27. Lost and Found. If Guest leaves any personal property at the Property, Owner and its team shall do their best to locate and return said items to Guest. Guest shall pay all shipping charges, and a service fee of twenty five dollars ($25) to reimburse Owner for time and administrative costs incurred in connection with locating, boxing, and shipping Guests’ items.

28. Compliance With Laws. Guest shall obey all federal, state, county, and city laws, ordinances, and regulations; and homeowner’s association rules (if any), with respect to the Property. Venue in any dispute or legal matter relating to the Property shall be solely in the Los Angeles Superior Court, North Courthouse, in Lancaster, California.

29. Incorporation by Reference. These terms and rules are provided to Guest prior to check-in. Guest’s signature below is for confirmation and convenience only, and these terms and conditions shall apply regardless of whether or not Guest has executed this document.