Terms and conditions  

 

LAST MODIFIED: AUGUST 18, 2016

PREVIOUSLY MODIFIED: JULY 9, 2016

PREVIOUSLY MODIFIED: MARCH 31, 2016

 

The terms and conditions stated herein (collectively, this "Agreement") constitute a legal agreement between you and Air Concierge, Inc. (dba Air Concierge), a California corporation or the appropriate entity (the "Company"). By using or receiving any services supplied to you by the Company (together with the website located at https://www.airconcierge.net, www.airconciergevacationhomes.com and other similarly titled sites owned and controlled by the Company), and downloading, installing or using any associated software supplied by the Company which purpose is to enable you to use the Service (collectively, the "Software"), you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time at https://www.airconcierge.com/terms-of-use or through the Service.

Your use of the Service constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Use and the Privacy Policy and your representation that you are 18 years of age or older.

 

Your use of the Service after such posting will constitute your acceptance of and agreement to such changes.

 

Therefore, you should frequently review these Terms of Use and the Privacy Policy to see if they have been changed.

 

This Agreement is subject to change at any time, effective upon posting on the Service.

Air Concierge, Inc., (hereinafter referred to as "Air Concierge", "Airconcierge.net", www.airconciergevacationhomes.com (or any other similarly titled website), "AirConcierge", "AIRCONCIERGE") and including divisions of the company Air Concierge International ("International") and Scrubbsi.com ("scrubbsi") shall be included in all description of any Air Concierge Inc. Service Professional.  Air Concierge Inc. through its online platforms www.airconcierge.net, www.airconciergevacationhomes.com, www.airconciergevacationhome.com,  www.scrubbsi.com, www.airconciergeinternational.net Connect Service Professionals and Service Requesters.

 

Reservation Management

Air Concierge provides value-added services (herein referred to as "Full Term Management", "End to End Management" or "Reservation Management") to Hosts and Guests who have arranged the use of residential and other property principally through third party booking agents and hosting platforms.These Terms of Service (these “Terms”) constitute an agreement between Air Concierge and the users (each a “User”) of Air Concierge's website, mobile applications and services (collectively, the “Site” and the “Services”). Air Concierge is sometimes referred to herein as "Air Concierge", “we,” “us,” or “our” and the User is sometimes referred to as “you,” “your,” “host,” or “guest.”

Certain areas of the Site and Services (and your access to or use of certain Content (as defined below)) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR CLICKING “ACCEPT” OR “AGREE” TO THESE TERMS, WHETHER OR NOT YOU BECOME A REGISTERED USER OF THE SERVICES, (1) YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AS PUBLISHED FROM TIME TO TIME AT WWW.AIRCONCIERGE.NET, WWW.AIRCONCIERGEVACATIONHOMES.COM (OR SIMILARLY TITLED SITES OWNED AND CONTROLLED BY THE COMPANY), (2) YOU REPRESENT THAT YOU ARE OF LEGAL AGE AND NOT PROHIBITED BY LAW FROM ACCESSING OR USING THE SERVICES, (3) YOU AGREE TO BE BOUND BY THE TERMS OF OUR PRIVACY POLICY AT WWW.AIRCONCIERGE.NET/PRIVACY, WHICH EXPLAINS HOW WE USE YOUR PERSONAL INFORMATION, (4) YOU AGREE THAT YOU ARE IN COMPLIANCE WITH ALL APPLICABLE TERMS OF SERVICE FOR THIRD PARTY PLATFORMS RELATED TO YOUR USE OF THE SERVICES AND (5) YOU AGREE THAT YOU ARE IN COMPLIANCE WITH ALL LAWS AND REGULATIONS APPLICABLE TO YOU.

If you accept these Terms, you represent that you have the capacity to be bound by them. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.


 

Key Terms

For the Air Concierge Reservation Management Customers and Clients:

“Accommodation” means a residential or other property that is rented from a Host by a Guest.

“Authorized Tenant” means a non-owner Host that has the authority to rent an Accommodation.

“Guest” means a Member of a Third Party Platform who uses the Air Concierge Services in connection with its rental of an Accommodation from a Host principally through a Third Party Platform.

“Host” means a Member who is an owner or Authorized Tenant of an Accommodation and who is using the Services in connection with the listing and rental of an Accommodation principally through a Third Party Platform.

“Member” means a person who completes the account registration process, including without limitation Hosts and Guests, as described under “Registration” below.

"Owner Host" means a Property Owner (or person with authority to occupy and let the Property) who may not have registered the Property or themselves on any Third Party Platform but nonetheless allows and permits Air Concierge to list their Property under the Air Concierge profile. 

"Property" means each and every separate property you identify and enlist the Air Concierge Service to cover, whether by naming in the KYC, purchasing a product on the www.airconcierge.net website, or by any other proactive means including email, text or phone, in which you request and Air Concierge agrees, to represent the Property.  

“Third Party Platform” (or "Listing") means a third party booking agent or hosting platform that connects Hosts who have Accommodations to rent with Guests seeking to rent Accommodations.

How the Site and Services Work

AIR CONCIERGE provides value-added Services to Hosts and Guests who have arranged the use of Accommodations principally through Third Party Platforms.

Hosts: AIR CONCIERGE provides Services to Owner-Hosts that register on the Site through the purchase of a Service including but not limited to an Initial Cleaning and/or Household Supplies. AIR CONCIERGE assists Owner-Hosts with preparing and properly marketing their Accommodations, including suggesting an optimal price for the listing of an Accommodation. AIR CONCIERGE helps Owner-Hosts by interacting with potential guests to answer questions and arrange a stay. AIR CONCIERGE may also arrange professional third party vendors to provide Guest management services before, during and after the Guests stay, including scheduling professional cleanings and handling unexpected events such as lockouts. AIR CONCIERGE may also in the future provide a centralized dashboard on the Site to Owner-Hosts to set preferences, listing terms and to monitor and manage their listings. AIR CONCIERGE also may assist Owner-Hosts with marketing their listings by publishing listings on multiple Third Party Platforms. In addition to these Terms, Owner-Hosts are subject to the Air Concierge Vacation Rental & Short Term Agreement below, which is incorporated into these Terms.

Guests: AIR CONCIERGE may provide Services to Guests that have responded to a Owner-Hosts or Air Concierge's posting on a Third Party Platform. AIR CONCIERGE or its third party vendors may assist Guests or potential Guests with questions regarding a listing or booking for a Guest's Accommodation, communicate with Guests regarding arrival and departure and provide 24-hour Guest support. AIR CONCIERGE may also offer and arrange value-added services for Guests, such as concierge and ticketing services, from AIR CONCIERGE or third party providers. In addition to these Terms, Guests are subject to the Guest Rules and Guest Services Agreement, which are incorporated into these Terms.

AIR CONCIERGE solely provides services to Owner-Hosts and Guests to facilitate a booking transaction between Owner-Hosts and Guest. Unless explicitly stated otherwise herein, AIR CONCIERGE's responsibilities are limited to (1) assisting Owner-Hosts with optimizing the listing and booking of Accommodations and (2) providing Guest support services.

In accordance with these Terms, you understand and agree that (1) AIR CONCIERGE is not a real estate broker, agent, insurer, booking agent or hosting platform, nor is it an owner or provider of Accommodations, transportation, travel services or other services provided by third parties through the Site or Service; (2) AIR CONCIERGE is not a party to any agreement between a Third Party Platform and a Owner-Hosts or Guest or any agreement between a Owner-Hosts and a Guest; (3) AIR CONCIERGE does not and cannot control the content contained in any listing or the condition, legality or suitability of any Accommodations, and instead provides to each Owner-Host the listing in which the Owner-Host may amend, edit, alter or outright cancel and by not taking such action has controlled the content; (4) AIR CONCIERGE is not responsible for the compliance with any laws by you or any Third Party Platform; (5) AIR CONCIERGE has no control over the conduct of Tenant Hosts, Guests and other uses of the Services or any Accommodations; and (6) as set forth in the Section entitled “Liability Limitations”, AIR CONCIERGE is not responsible for and disclaims any and all liability related to any and all listings and Accommodations to the maximum extent permitted by law. Bookings will be made at the Owner-Host's and Guest's own risk.

The Air Concierge Vacation Rental & Short Term Agreement, House Rules, and Guest Services Agreement may be updated from time to time at our discretion and changes will be effective upon posting them. A copy of the Air Concierge Vacation Rental & Short Term Agreement, Guest Rules and Guest Services Agreement can be found below.

 

Air Concierge Vacation Rental & Short Term Agreement as Between Owners / Hosts & Air Concierge

This Agreement is effective from the first date you use the Site and/or the Air Concierge Services.

This Agreement is made by and between you (hereinafter “Owner” or “Host”) with residence for short term and vacation rental (the “Property”, “Properties”, “Listing”) as listed on behalf of you by Air Concierge, Inc. ("Air Concierge").

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR CLICKING “ACCEPT” OR “AGREE” TO THESE TERMS, WHETHER OR NOT YOU BECOME A REGISTERED USER OF THE SERVICES, (1) YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AS PUBLISHED FROM TIME TO TIME AT WWW.AIRCONCIERGE.NET, (2) YOU REPRESENT THAT YOU ARE OF LEGAL AGE AND NOT PROHIBITED BY LAW FROM ACCESSING OR USING THE SERVICES, (3) YOU AGREE TO BE BOUND BY THE TERMS OF OUR PRIVACY POLICY AT WWW.AIRCONCIERGE.NET/PRIVACY, WHICH EXPLAINS HOW WE USE YOUR PERSONAL INFORMATION, (4) YOU AGREE THAT YOU ARE IN COMPLIANCE WITH ALL APPLICABLE TERMS OF SERVICE FOR THIRD PARTY PLATFORMS RELATED TO YOUR USE OF THE SERVICES (5) YOU AGREE THAT YOU ARE IN COMPLIANCE WITH ALL LAWS AND REGULATIONS APPLICABLE TO YOU AND (6) YOU AGREE THAT TENANTS MAY BE IN VIOLATION OF YOUR LEASE BY LISTING A UNIT ON AIR CONCIERGE'S OWN WEBSITE OR ANOTHER PLATFORM AND THAT YOU MAY SUFFER AN EVICTION FOR DOING SO AND THAT YOU AGREE TO INDEMNIFY AND HOLD HARMLESS AIR CONCIERGE FOR ANY HARM SUFFERED BY YOU OR ANOTHER FOR SUCH ACTION. 

Air Concierge, and its employs, assigns, delegates, vendors and contractors (together the “Concierge Team”) are experienced in the operation and knowledge of online short term and vacation home rental listings and are otherwise completely able to competently assist a Host or Owner in such online short term and vacation rental home listings, and are willing to assist Host or Owner in the undertaking of the marketing and operation of such a listing(s) for the Host/Owner under the terms set out in this Agreement:

1. DESCRIPTION OF THE PROPERTY. This Agreement is made with respect to the Property you have identified by name in documents between you and us, including but not limited to our "KYC" (Know-Your-Client) form. 

2. RESPONSIBILITIES OF AIR CONCIERGE. Air Concierge will serve, as an independent contractor, as the Host’s or Owner's exclusive agent. Air Concierge will provide to Owner the following services (collectively, the "Air Concierge Service") as outlined in Appending 1.

2.1    INCOME & EXPENSES. Where applicable, Manager shall charge to Guest the fees as outlined in Appendix 2.  Likewise, where applicable, Manager shall cause to be deducted from the Gross Income, the listed expenses as outlined in Appendix 2. Such Income and Expenses shall be delivered to Owner by Manager on a monthly basis.

    2.1.1 Hourly Work.  In the event Owner requires, requests or otherwise instructs Manager to perform duties not included herein including but not limited to US mail or special package pickup or delivery, furnishings or design assistance, utility repair or survey, appliance delivery, repair or assistance, for work not caused by Air Concierge or a Guest of Air Concierge, then Manager shall have the right to a fee of $35/hr for such work performed.  For work involving construction, or reconstruction or lasting more than 4 hrs., Manager shall receive an hourly fee of $50/hr for each hour thereafter. 

Manager may bill Owner directly or Manager may deduct from Total Payout to Owner.  Manager shall inform Owner of projected time to facilitate such Hourly Work.  Hourly work shall be billed in 30 minute increments with a 2 hr. minimum for all Hourly Work.
 

2.2 RESPONSIBILITIES OF OWNER

  1. Owner will provide to Air Concierge the following services (collectively, the Services) as outlined in Appendix 3 “RESPONSIBILITIES OF OWNER”:

  2. Owner Bookings. In the event Owner wishes to book, reserve or otherwise block off dates for the Property, for himself or another Guest (“Owner’s Guest”), the following protocol shall be followed as outlined in Appendix 4 OWNER BOOKING NOTIFICATIONS”:

  3. Reservation Cancellation. Shall Owner cause Air Concierge to have to cancel any Reservation or multiple Reservations for any reason except as noted in below (“Extenuating Circumstances”), then owner shall pay to Air Concierge the larger amount of the total reservation(s) cost being cancelled or $2,500US per each canceled reservation.  This fee shall compensate Air Concierge for the negative impact a cancellation has on its online ranking, for all efforts taken in booking the reservation, for all efforts undertaken to prepare the home and the Guest prior to the cancellation, for all efforts taken in notifying and preparing the Guest after the cancellation, and to compensate Air Concierge for its time and resources in unwinding and rectifying any damage to its online and offline reputation for creating a cancelled reservation.

  1. Extenuating Circumstances.  In the rare instance where extenuating circumstances arise, Owner (or, Air Concierge on behalf of owner) may need to cancel a confirmed Reservation. Air Concierge shall nonetheless earn the greater of 25% or a flat fee of $150, of it's original management fee to compensate it for work done prior to the cancellation to ascertain the Reservation as well as work done to undertake the cancellation itself. In such cases, Manager shall elect to forgo the Cancellation Penalties outlined above, such cases will be contingent on proper documentation, where valid, and include:

i. Death in the family

ii. Serious illness or serious illness in the family

iii. Natural disaster in the country

iv. Political unrest in the country        

v. Serious property damage rendering a material portion of the home uninhabitable (accompanied by verifiable documentation of the damage)

vi. Serious Maintenance issues that affect the ability to host

           b.     Sale. (Not included under Extenuating Circumstances) shall be Owner causing the Property to be listed for sale. In such instance, Owner shall inform Manager, make the Sale of the Property subject to the Reservations in effect, and at such time, Manager at its election may block any Listing Site calendar such that further reservations are not permissible.  Shall Manager in its sole discretion deem it necessary to cancel upcoming Reservations, then “Reservation Cancellation” shall apply.  

2.5 REGULATORY COMPLIANCE. BY ACCEPTING THIS AGREEMENT YOU  STATE, CONFIRM AND AGREE THAT YOU ARE IN COMPLIANCE WITH ALL LAWS AND REGULATIONS APPLICABLE TO YOU AND THE PROPERTY AS IT PERTAINS TO ANY AND ALL LOCAL ORDINANCE, PERMIT, REGULATORY APPLICATION OR OTHER REGISTRATION REQUIREMENTS.   

2.5.1 TAX & TRANSIENT OCCUPANCY.  Certain properties may be subject to a municipality tax known as transient occupancy tax (“TOT”).  The TOT is a short-term rental tax, that is paid by the Guest for the rental where applicable. Transient Occupancy Tax (TOT) is levied for the privilege of occupying a room or rooms or other living space in a hotel, inn, tourist home or house, motel or other lodging for a period of 30 days or less. The tax acts as an additional source of non-property tax revenue to local government.  

IT SHALL BE THE SOLE RESPONSIBILITY OF OWNER AND NOT MANAGER OR ITS EMPLOYS, ASSIGNS OR DESIGNEES, TO ENSURE THE PROPERTY IS PROPERLY AUTHORIZED BY WAY OF REGISTRATION, PERMIT OR OTHER FORMAL AUTHORIZATION TO OPERATE AS A BUSINESS OR HOTEL.  WHERE REQUIRED, OWNER SHALL DISPLAY THE APPLICABLE CERTIFICATE IN THE PROPERTY.  

IT SHALL BE THE RESPONSIBILITY OF MANAGER TO REQUEST AND COLLECT THE TOT FROM GUESTS WHEN POSSIBLE (BY WAY OF THE ONLINE LISTING PLATFORM) IN WHICH THE TOT IS MANDATED BY LOCAL LAW TO BE COLLECTED AND IS ABLE TO BE SET UP AND COLLECTED VIA THE ONLINE BOOKING PLATFORM MANAGER RELIES ON.  MANAGER SHALL NOT BE IN BREACH OF THIS AGREEMENT FOR FAILING TO COLLECT THE TOT.   IT SHALL BE THE SOLE RESPONSIBILITY OF OWNER TO REMIT THE TOT IN A TIMELY MANNER, WHETHER OR NOT COLLECTED SEPARATELY BY MANAGER.

IN THE EVENT MANAGER IS UNABLE TO CHARGE THE TOT, OWNER IS NOT RELIEVED OF HAVING TO PAY THE TOT.  THE TOT MUST STILL BE PAID BY OWNER REGARDLESS IF THE GUEST HAS PAID TO MANAGER OR IF MANAGER WAS UNABLE TO CHARGE THE TOT TO GUEST, SUCH THAT THE RESERVATION QUALIFIED FOR TOT.  OWNER HEREBY AGREES THAT ANY FAILURE TO REMIT TOT IN A TIMELY MANNER OR CORRECT AMOUNT SHALL BE THE SOLE FAILURE OF OWNER AND IN NO WAY IMPLICATES OR OTHERWISE SUBJECTS MANAGER, ITS ASSIGNS, EMPLOYS, DELEGATES TO LIABILITY OR FAULT.  IN SOME JURISDICTIONS FINES AS MUCH AS $2500 / DAY FOR VIOLATION OF LOCAL TOT LAWS MAY APPLY.  

2.6 HOA. Certain properties may be subject to a homeowner's associations (“HOA”) or similar association type, in which those HOA’s have enacted short term and vacation rental restrictions outlined in their rules and regulations which apply to all homeowners in that particular community.  

IT SHALL BE THE SOLE RESPONSIBILITY OF OWNER AND NOT MANAGER OR ITS EMPLOYS, ASSIGNS OR DESIGNEES, TO ENSURE THE PROPERTY IS PROPERLY AUTHORIZED BY WAY OF REGISTRATION OR OTHER FORMAL AUTHORIZATION TO OPERATE OR PROVIDE LONG TERM, SHORT TERM OR VACATION RENTAL SERVICES.

BY ACCEPTING THIS AGREEMENT YOU  STATE, CONFIRM AND AGREE THAT YOU ARE IN COMPLIANCE WITH ALL HOA AND BUILDING REGULATIONS (SHOULD THEY APPLY) APPLICABLE TO YOU AND THE PROPERTY AS IT PERTAINS TO ANY AND ALL HOA ORDINANCES, PERMITS, APPLICATIONS OR OTHER REGISTRATION REQUIREMENTS.   

OWNER HEREBY AGREES THAT ANY FAILURE TO COMPLY WITH THE HOA RULES & REGULATIONS AND THUS ANY PENALTY, HARDSHIP, FINE, LOSS OF PROPERTY OR LOSS OF USE OF PROPERTY OR ANY ACT CONCERNING THE SHORT TERM OR VACATION RENTAL OR ANY ACTIVITY ASSOCIATED WITH SUCH, SHALL BE THE SOLE FAILURE OF OWNER AND IN NO WAY IMPLICATES OR OTHERWISE SUBJECTS MANAGER, ITS ASSIGNS, EMPLOYS, DELEGATES TO LIABILITY OR FAULT.

3. MANAGEMENT FEE. Unless otherwise agreed to by the Parties (such Agreement to be attached below in the form of an exhibit), the Manager shall be entitled to the greater of a flat fee of $150, or 25% of the Gross Income, not including any refundable fees from each Reservation made at the Property for payment of Manager’s services under this contract. For any services rendered other than those set out in this agreement, the Manager may be compensated as noted above. Manager is required to provide Owner with the Monthly Statement reflecting all income and expenses incurred for buying supplies for Guests or the Property.  Costs for Guest supplies may not exceed $300 per/month without owner approval except when necessary to provide an adequately stocked and supplied home [updated from $100 on August 6, 2106].

3.a Management Fee Updated August 2, 2016. For Unless otherwise agreed to by the Parties (such Agreement to be attached below in the form of an exhibit), the Manager shall be entitled to the greater of a flat fee of $150, or 25% of the Gross Income not including any refundable fees from each Reservation made at the Property for payment of Manager’s services under this contract. For any services rendered other than those set out in this agreement, the Manager may be compensated as noted above. Manager is required to provide Owner with the Monthly Statement reflecting all income and expenses incurred for buying supplies for Guests or the Property.  Costs for Guest supplies may not exceed $300 per/month.     

3.1 Monthly Payments. Owner shall receive from Manager by the seventh day of each month a payment for the Reservations of the prior month. Payment will consist of Reservation payments plus the Monthly Statement along with any associated Hourly Work costs that were agreed upon between Manager and Owner. 

3.1.1 [Updated July 9, 2016]. Prior and Following Month Reservations. In the event that a Reservation begins on or after the 27th day of any month, or likewise extends past the 5th day of the following month, then Air Concierge shall reserve the right to determine whether to apply said payment to the current month or elect to treat that payment as received in the following month and such decision is under the entire sole and exclusive determination of Air Concierge. 

3.1.2 [Updated July 9, 2016]. Long term reservations. In the event a Reservation is beyond 30 days in length, then Air Concierge shall reserve the right to partition payment to Host in such a manner that is fair and commensurate and under the entire determination of Air Concierge. 

3.1.3 W-9. Under the laws of The United States and the Federal Internal Revenue Service, a Owner is required to provide to Air Concierge a signed, W9 form in which Air Concierge will generate and return to Owner a filled 1099 for rental income received.  Additional year end tax information that Air Concierge may provide shall include all expenses and costs incurred in the management of the Property. Air Concierge reserves the right to withhold an Owner Monthly Payment in the event a W-9 is not furnished to Air Concierge. [Updated August 6, 2016]

3.2 Banking. All reservation activity shall be paid first to Air Concierge and from Air Concierge to Owner.  In the event Owner has a pre-existing listing on a website, Air Concierge shall revise the receiving bank of payout funds (the "Payout Bank") such that the account of record shall be Air Concierge's client dedicated bank account. Upon receipt, Air Concierge will payout to Owner's account in accordance with the KYC document. 

4. Relationship of Parties. It is understood by the parties that Manager is an independent contractor with respect to the relationship between the parties, and not an employee of the Owner. Owner will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Manager.

5. Warranty & Exclusivity.

5.1 Manager shall provide its services and meet its obligations under this Agreement in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Manager’s community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Air Concierge on similar projects.

5.2  Exclusivity. Owner hereby appoints Manager as its exclusive manager of the Property with exclusive right to market, advertise, book or otherwise transact the Property on a short term and vacation rental basis. Such exclusivity shall only last for as long as this Agreement is in full force and effect.  Shall Owner appoint another party or manager during the term of this Agreement (the “New Property Manager”) and without first terminating Manager, or receiving Manager’s written, expressed approval, as a property manager or with the same rights as Manager to advertise, market, and book the Property, then this Agreement shall become null and void, all outstanding fees owed to Manager for any current or future reservations shall become due within 15 business days of the election of the New Property Manager. Violation of this provision shall entitle Manager to a $1000 fee to cover cost to Air Concierge of ensuring against double-bookings, (beyond Section "Early Termination"), all remedies as outlined in Reservation Cancellation shall Manager elect to cancel reservations, Section "Early Termination" (if the election of New Property Manager shall occur within 90 days or 180 days, whichever is selected at time of onboarding, of the start of this Agreement), Section 8 shall continue to apply.  

5.3 Owner Usage. Owner has the right to use the property during the term of this agreement contingent upon the condition that Owner shall reserve the dates in advance. To ensure Guest privacy, Owner agrees not to enter the property or to permit any other person to enter the property without reserving the property or checking and receiving authorization with Manager prior to entry, while there are Guests at the Property.  Such usage shall be for limited to or for purposes of repair and inspection. Owner shall exercise this right of access in a reasonable manner with reasonable notice to Manager.  Any use by Owner or Owner’s Guest at Owner’s own recommendation, referral or ‘marketing’ shall not constitute a violation of Section "Exclusivity".

6. TERM.

6.1 This Agreement may be terminated by Host or Owner at any time after a 90 day or 180 day, whichever is selected at time of onboarding, probationary period (the “Probationary Period”) with or without cause provided at least 30 days prior written notice is delivered by the terminating party to the other party.  Any Reservations in existence and not yet commenced shall be managed by Manager.  Manager shall remove the Online Listing and take no further Reservations. Shall Host or Owner elect to cause those Reservations to be cancelled, then Reservation Cancellation shall apply to each and every affected Reservation. 

6.1.1 This Agreement may be terminated by Manager at any time with or without cause provided any in-progress Reservations are not cancelled, otherwise negatively affected, or disturbed, unless as described in 6.1.1a. Manager reserves the right to cancel, alter or relocate at cost solely to be burdened by Manager, and at no penalty or cost to Host or Owner, any future Reservations. Shall any such future Reservation in fact be relocated, including to another Property managed by Manager, then Owner shall not be entitled to any portion of the Reservation or Total Gross Income (as defined below) or Management Fee. 

6.1.1a Manager shall have the right to terminate this Agreement, and any in progress Reservations may be cancelled, altered or relocated shall Manager's decision be based on a good faith belief that Host or Owner, or agents, employs, delegates or authorized representatives of Host or Owner has engaged in conduct that is in violation of laws or regulations, illegal, exposes Manager to liability or damages, or is harmful to Manager's reputation or good will.  No notice or right to cure period shall exist in such an instance.  Shall Manager or Guest be subject to any direct or indirect costs due to such conduct, then Owner shall be liable in full, and Manager shall have the right to hold back any monies due Owner to satisfy such costs. 

6.1.2 In the event Manager elects to list Owner’s property on a Subscription based website (homeaway.com, VRBO.com, e.g.) and such Subscription Plan is paid by Manager (the “Subscription Amount”), or its assigns, employs, delegates, then shall this Agreement be terminated prior to a one-year term, Manager shall be reimbursed its full cost of the Subscription Amount.  Additional early-termination fees may apply.

6.2 Reservation Acceptance Time Frame. After the 90 day or 180 day probationary period, whichever is selected at time of onboarding, and without notification of cancellation by either Party, Manager is authorized by Owner to accept Reservations for a period of up to 1 year in advance of any within the term of this Agreement, unless otherwise stipulated in communications between Owner or Manager.  

6.3 Early Termination. Shall Owner elect to terminate Manager within the first 90 days or 180 days, whichever is selected at time of onboarding, from the Effective Date, for reasons other than gross negligence or wanton, willful regards for Owner’s property or Guests by Manager, then Owner shall pay to Manager a termination fee of $3,500 to cover such costs including but not limited to as positioning the property, arranging professional photography, optimizing the Listing, providing sound and experienced advice and counsel as to the disposition of the Property and generally performing those initial and start up tasks to best position Owner’s Property.  Any actual Reservations in progress or confirmed but not yet commenced, may be cancelled at Manager’s election and the gross booking total as paid by Guest shall be compensated by Owner to Manager. Manager reserves the rights to make attempts to place Guests at another Property and Owner shall not be entitled to any proceeds of that arrangement.  Likewise, Manager may elect to NOT cancel reservations already in existence in which instance Owner agrees to allow those reservations to continue and Manager shall be compensated in full.  Should Manager be forced to cancel reservations already in existence due to Owner's early termination, then the Reservation Cancellation provision(s) shall apply herein.

For the purposes of this section the parties agree that the Property could have been rented on an average of 21 days per month for the remainder of the 90 days or 180 days, whichever is selected at time of onboarding, but for owner’s early termination.

Any violation causing payment of the Early Termination fees shall be payable immediately within 72 hrs. of the breach or early termination notification.

7. Default. The occurrence of any of the following shall constitute a material default under this Contract:

A. The failure to make a required payment when due

B.  The insolvency or bankruptcy of either party.

C.  The subjection of any of either party's property to any levy, seizure,  

general assignment  for the benefit of creditors, application or sale for or by any creditor or government agency.

D.  The failure to make available or deliver the Services in the time and manner provided for in this Contract.

8. Remedies.  In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 10 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.

The Remedy for a breach of this Agreement shall be limited to the outstanding monies due to either party, with distinct exception for the following Section ("Confidentiality") herein.

9. Force Majeure.  If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority (but not taxes), or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates. The failure to ensure compliance with 2.5 (Regulatory Compliance) and 2.6 ("HOA"), does not fall within the meaning of this Section.

10. Confidentiality.  Air Concierge, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Air Concierge, or divulge, disclose, or communicate in any manner, any information that is proprietary to Owner. Air Concierge and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Agreement. Upon termination of this Agreement, Air Concierge will return to Owner all records, notes, documentation and other items that were used, created, or controlled by Air Concierge during the term of this Agreement.  Owner, and his employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of himself, or divulge, disclose, or communicate in any manner, any information that is proprietary to Air Concierge. Owner and his employees, agents, and representatives and all others privy to information regarding Air Concierge will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Agreement.  Upon termination of this Agreement, Owner will return to Air Concierge all records, notes, documentation and other items that were used, created, or controlled by Owner during the term of this Agreement.

11. Booking Sites.  Air Concierge shall not be responsible for the privacy policies and practices of other Online Listing Sites that it may rely on for booking Guests.  Air Concierge shall not be held liable or responsible for Guests behavior and actions or non-actions whether reckless, negligent, grossly negligent, intentional or fraudulent.  Such Online Listing Sites such as but not limited to airbnb.com, vrbo.com, homeaway.com, craigslist.com, flipkey.com are channels in which prospective and actual Guests locate your property. Air Concierge may take further steps to verify and authenticate a prospective Guest. Air Concierge may also elect to book a Guest without further investigation or background check.  Should a Guest cause damage, city or association violation or infraction, misdemeanor or felonious, or otherwise cause hardship to you or your property, including but not limited to physical damage, theft, or non-departure from the property at the time of the posted booking departure time, Air Concierge shall not be held liable.  

Manager shall only opt (at its election) for a paid subscription booking site when Client has agreed to at least a term of 1 year.  Shall Manager elect to pay for the Property to be listed on an Online Listing Site (including but not limited to Homeaway.com, VRBO.com) then reimbursement to Manager shall be as follows:

1. When applicable for VRBO.com or Homeaway.com, the following shall be followed; Manager will pay the up front Subscription Fee for VRBO.com and Homeaway.com bundle (the "Subscription Plan").  Manager at his election may opt for the Gold Plan ($899) or Platinum Plan (1299$). The prices of which may adjust over time.  The receipt of which will be emailed to Owner. Manager shall not be entitled to a fee above the cost of reimbursement. Manager shall be reimbursed for its costs of the purchase of the Subscription Plan (not including its management fee which shall be treated separately) out of the First Confirmed Reservation but under no circumstances should the payment come from any reservation NOT booked under the Subscription plan. Manager may elect to forego full reimbursement from the First Confirmed Reservation and may opt instead to amortize reimbursement over the number of reservations at his election.  When Manager has been reimbursed for the Subscription Plan, Manager shall not be entitled to any amount beyond the greater of 25% of the Management Fee or a flat fee of $150. Manager may at its own discretion opt to list the Property on a Subscription site and forego the Subscription Fee instead opting for a Pay-Per-Booking. Such action shall be the sole and exclusive choice of Manager and be based on various factors and knowledge that Manager possesses without direction of Owner.

11.1 House RulesYou agree to the rules and restrictions placed on the Property or the Guest by  Air Concierge (“House Rules”), which may be modified or supplemented at any time in accordance with this Agreement and the Terms. A copy of which can be found below and which may be updated from time to time. 

12. Indemnification. Owner agrees to indemnify and hold harmless Air Concierge and its Manager, its founders, directors, officers, employees and agents (each a “Air Concierge Indemnified Person”), from and against any and all damages, losses, claims (whether on account of settlement or otherwise, and whether or not the Air Concierge Indemnified Person is a party to any action or proceeding that gives rise to any indemnification obligation), actions, suits, demands, judgments, liabilities (including penalties), obligations, disbursements of any kind or nature and related costs and expenses (including reasonable attorneys’ fees and disbursements) awarded against or incurred by any Air Concierge Indemnified Person arising out of or as a result of (i) any representation or warranty made by Owner hereunder having been untrue or incorrect in any material respect when made, (ii) any breach by Owner of any of its obligations hereunder or (iii) any unlawful act or omission of Owner in performing this Agreement; provided that Owner shall not be liable to the extent any liability results from Air Concierge’s fraud, negligence or willful misconduct.

12.1 Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE AIR CONCIERGE SERVICE IS AT YOUR SOLE RISK. NEITHER WE NOR OUR AFFILIATED COMPANIES NOR ANY OF OUR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE “AIR CONCIERGE PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE AIR CONCIERGE SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES, ACCOMMODATIONS OR MERCHANDISE PROVIDED. THE AIR CONCIERGE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF WARRANTY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

AIR CONCIERGE RESERVES ITS RIGHT TO CLAIM AND ADOPT THE LANGUAGE UTILIZED ON AIRBNB.COM UNDER TERMS OF SERVICES AND/OR PAYMENT TERMS FOR ANY SITUATION INVOLVING A RESERVATION ORIGINATED ON AIRBNB.COM IN SUCH A MANNER THAT AIR CONCIERGE MAY INVOKE THE SAME PROTECTIONS AND DEFINITIONS AS UTILIZED BY AIRBNB. 

12.2 Liability Limitations

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE AIR CONCIERGE SITE AND AIR CONCIERGE SERVICES REMAINS WITH YOU. WE AND THE AIR CONCIERGE PARTIES ARE NOT LIABLE FOR THE REAL OR PROPERTY DAMAGE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS, GUESTS, VISITORS OF GUESTS, OR THIRD-PARTIES, INCLUDING WITHOUT LIMITATION THIRD PARTY PLATFORMS, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL WE, THE AIR CONCIERGE PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR AIR CONCIERGE SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR AIR CONCIERGE SERVICES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE, ELSEWHERE OR AIR CONCIERGE, INC .

IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER WE NOR THE AIR CONCIERGE PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE AIR CONCIERGE SITE, OR ANY ONLINE LISTING SITE INCLUDING BUT NOT LIMITED TO AIRBNB.COM, VRBO.COM, HOMEAWAY.COM, FLIPKEY.COM, INCLUDING, WITHOUT LIMITATION, PRICING OR AVAILABILITY INFORMATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.

NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF WE AND THE AIR CONCIERGE PARTIES TO YOU OR ANY HOST, OR OWNER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SITE OR AIR CONCIERGE SERVICE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU SHOULD CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

12.3.   Non-Disparagement. Each and every Party to this Agreement agrees not to disparage or defame the other in any respect or to make any derogatory comments, whether written or oral regarding any other Party. 

13. Notice. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person, by electronic mail (“email”) to customercare@airconcierge.net, or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

13.1 Notification. Owner will notify Air Concierge of any change in address, telephone number and/or email address within 24 hours of any such change. Owner will notify Air Concierge in writing within 24 hours of listing the Property should the Property be listed for sale. Owner agrees to list and sell the Property subject to the terms of this Agreement and subject to all Reservations existing at the time of sale.

14. Entire Agreement.

This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.

15. Amendment.

This Agreement may be modified or amended in writing, at any time by Air Concierge and such modification or amendment shall be limited to this page and notice shall be given at time of modification or amendment. Owner and Host shall have the right to review and agree to the modification before acceptance.

16. Severability.

If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

17. Waiver of Contractual Right.

The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

18. Governing Law.

This Agreement shall be construed in accordance with the laws of the State of California.

19.    Dispute Resolution.    

i. Jurisdiction. Any disputes between Owner and Manager shall be venued in San Diego County, California, and according to California State Law.

ii. Mediation. Owner and Manager agree to mediate any dispute or claim arising between them out of this Agreement before resorting to arbitration or court action. Mediation fees shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in such action. Exclusions from this mediation agreement are set forth in paragraph v, below.

iii. Arbitration. Owner and manager agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 10 years of business law experience, unless the parties mutually agree to select a different arbitrator. The parties shall have the right to discovery in accordance with Title 9 of Part 3 of the California Code of Civil Procedure. Judgment upon the award of the arbitrator may be entered into any court having jurisdiction. Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are set forth in paragraph v, below.

iv. Attorney Fees. In the event either party must engage in any effort, civil proceeding or other activity that arises out of, relates to or is connected with this Agreement, or the rights or obligations of any party hereunder, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs, to include expert fees and costs, incurred or sustained by such prevailing party in connection with those efforts.

v. Exclusions. Any matter that is within the jurisdiction of a probate, small claims, or bankruptcy court are excluded from the requirement to mediate and arbitrate. The filing of a court action to enable an order of attachment, receivership, injunctive relief, or other provisional remedy, shall not constitute a waiver or violation of the mediation and arbitration provisions.

20. Assignment.

These Terms and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by Air Concierge.

 

APPENDIX 1  “RESPONSIBILITIES OF AIR CONCIERGE”

  1. Positioning.  List (unless the property is on Owner's own profile), describe, market, advertise and take all steps to properly place and position the Property in an advantageous position to ascertain exposure, views, and marketability including Online Listing Websites (“Online Listing” or “Listing” or “Listings”).

  2. Listing Optimization.  Optimize Online Listing to ensure that the Listing is up to date with all relevant information needed to maintain in good standing and attract renters, also known as travelers (hereinafter “Guests”) on its own and any other Online Listing as determined by Manager.

  3. New Guest Activity. Handle all incoming correspondence for inquiries, and follow up with Guests for upcoming, pending and in-progress reservations (each successful booking a “Reservation”). Manager shall use its best efforts to respond to all incoming inquiries in a timely manner.  

  4. Guest Management. Manager shall review and approve any and all Guests prior to Manager accepting a Reservation. Manager shall have full authorization and decision-making as to which Guests to accept and not to accept and the criteria to be used or depended on as determined solely by Manager.  

  5. Guest Removal. In the event Owner, Host, or Manager learns that during a Guest Reservation a violation of either the House Rules, or civil or criminal actions have been reported to Owner, Host or Manager (the "Infraction Period"), then Manager shall use its best efforts to determine the appropriate course of action, whether by warning to Guest, termination of the reservation, loss or threatening of loss of a security deposit, and the reporting of said violation(s) to a governing authority. Manager shall have no duty to go to the Property during such an Infraction Period due to safety and security concerns.  At the conclusion of the Guest Reservation, Manager shall use its best efforts to ensure the Property has not suffered damage and if necessary, prepare a statement outlining and security deposit claim if need be any such damage or missing items.  Manager shall have no duty to perform any legal recourse on behalf of Owner or Host.  

  6. Cleaning. Arrange cleaning and laundry services prior to Guest check in, ensure all cleaning has been done prior to Guest check in. Make cleaning arrangements with Air Concierge’s own staff and when such staff is not available, then any other reputable cleaning service that Manager deems as suitable for the Property.

  7. Cleaning Costs. Cleaning costs that will be charged to Guest and deducted from Owner’s distribution on a per Reservation basis. Owner understands and agrees that Manager may not know in advance of a cleaning the cost of such cleaning. Additionally Owner acknowledges and agrees that Manager may charge a higher price to a Guest then what is paid to a cleaner and likewise that Manager may report to Owner the charge of the cleaning as the same amount paid by the Guest, thus resulting in any discrepancy to Manager's benefit.  In the event that Owner prefers its own cleaners to be used, then it shall be the duty of owner to make arrangements for instructions on how property is to be cleaned, how keys are to be made available for cleaners and how payment for cleaning is to be arranged. Air Concierge reserves the right to only book its cleaning staff at any time.  

  8. Check in and Check Out.  It shall be the sole responsibility of Manager to arrange and make arrangements for Guest check in and check out.  Manager may use its best efforts and generally accepted best practices as noted below for how it determines to best check in and check out a Guest.   

  9. Check In Best Efforts. Manager shall use its best efforts to ensure Guest has successfully checked in and gotten settled into the Property.  For arrival times after hours which may vary on the time of year, the Concierge Team shall have the right to use industry accepted best practices to allow Guest to check in remotely by way of lockbox or key code access.  Manager shall use best efforts to confirm the Guest has arrived to the Property and admitted himself when meeting in person was not feasible. 

  10. Welcome Package.  At its election, Management may opt to provide a welcome package (the “Welcome Package”) consisting of one or combination of the following, wine, juice, coffee, toilet paper, shampoo, conditioner, body wash, coffee, lip balm, deck of playing cards, suntan lotion, dessert, games, personal essentials/toiletries for Guests prior to check in).  The cost of the aforementioned not to exceed a maximum of $25 per/reservation without Owner approval.

  11. Owner Communication.  Maintain communication with Owner to ensure highest level of service. Including notification of a successful Guest Reservation, notification of a Guest Reservation Alteration, notification of a Guest Reservation Cancellation, and notification of Property or Guest issues including maintenance, damage or any other information that Manager deems Owner shall be apprised of.

  12. Online Site Management.  Manager shall oversee the Online Listing sites including all calendaring and pricing to ensure the highest rates possible for the available periods without approval from Owner prior to any changes, whether if such listing is on Owner's profile or Manager's profile. Manager shall have full authority and discretion to choose approved Guests, set rates which may adjust from time to time higher or lower based on season, comparable homes and prices and other factors known to Manager.  In the event Owner has his own Listing Site or grants access to an Online Listing Site to Manager, then Owner will not unreasonably withhold any information needed to modify the Listing including any passwords needed to access the Online Listing Site or make changes to the Listing Site(s).

  13. Guest Verification.  Manager shall use its best efforts to screen Guests based on worthiness based upon available online and offline verification methodologies known by Manager, or provided by such Online Listing Sites and standards as well as Manager’s own market experience. Manager shall make such approval decisions without pre-approval by Owner before accepting a Reservation. If a Reservation is made within an Online Listing site such as but not limited to Airbnb.com, VRBO.com, Homeaway.com, or Flipkey.com, Manager shall not require a separate rental agreement and all such rental terms shall be maintained within the terms and conditions of the Online Listing Site.  Additionally, Manager shall not be required to ascertain the personal contact information of any Guest and instead may rely on the contact information made available to Manager by an Online Listing Site.  Additional Guests, beyond the Guest booking the home (the "Primary Guest"), likewise are not required to provide a separate rental agreement to Manager, contact information or any identifying information.    

  14. Rental Rates. Air Concierge utilizes a sophisticated rate optimization system that has proven to be the most effective way to maximize vacation rental revenue. The required option under this Agreement for setting rates and minimum stay requirements is to allow Manager to set the rates and minimum stays based on demand so long as such rate setting is in accordance with the above with regards to minimums.

  15. Monthly Remittance, Reporting and Booking Notifications.  

    1. Monthly Reporting. Manager shall send on a monthly basis to Owner a report detailing all confirmed Reservation activity  (the “Monthly Statement”), with an explanation of payments received and expenses incurred by Manager including its own fee (the “Management Fee”). Management Fees are set at the greater of 25% or a flat fee of $150, if 25%, then 25% of Gross Revenue per booking. Payment to be remitted to Owner electronically net seven business (7) days (the “Distribution Period”) of month end for payments received in month prior. Owner shall receive all income charged to Guest less fees including maintenance, cleaning, credit card processing, Listing Site booking fees, Restocking Costs, Welcome Package, Management Fee and any other fee commensurate with vacation rental property management (“Owners Payout”).

    2. Distribution Period. In the event a Reservation is on-going during the Distribution Period, Manager shall have the right to retain funds until the completion of the Reservation.

    3. Cancellations & Chargebacks.  Shall a reservation that is confirmed by Air Concierge and reported to owner/host, and later that same reservation is canceled or otherwise a guest is refunded, credited, or initiates a chargeback, before, during or after their stay and Air Concierge has not yet paid the Owner's payout amount, then Air Concierge shall not be responsible for making such a payment until the matter is resolved. In the event Air Concierge has already paid Owner and the reservation is retroactively canceled and the guest is refunded or a chargeback ensues, then Air Concierge shall likewise be reimbursed or credited for any such payments.  Shall Air Concierge elect to dispute the refund, credit, and/or chargeback and is successful in receiving back those funds, then Air Concierge shall re-distribute the funds accordingly.    

    4. Booking Notifications. Manager shall use its best efforts to report in a timely manner the notification of any new Reservation by email or any other method such that Owner is aware a Reservation has occurred, the dates of such Reservation check in and check out, and the associated financials including the income and expenses associated with the Reservation.   

  16. Reviews. Manager shall oversee all Guest and Manager reviews (a “Review”) where applicable, on any and all Online Listing sites.  Manager may notify Owner when a Review is by placed by Guest and made aware to Manager.  Manager will use its best efforts in ascertaining Reviews of the Property and its Management Services from Guest at time of check out and thereafter. Manager reserves the right in certain instances to not actively solicit a review based on certain factors that Manager may deem to be negative to the Property. Owner shall not himself review a Guest without Manager’s consent.

  17. Updating the Online Listing.  Manager shall retain the sole right to update any Online Listing including all contact information for Manager, information regarding the Property, amenities and other notable features, as well as Payout information for Manager’s receiving bank account.  There shall be no restriction on the information that may be updated, included, amended, or otherwise provided by Air Concierge as to the Property Online or offline.

  18. Manager’s use of the Property. Under no circumstance except as noted below shall Manager, its employs, assigns, delegates use the Property for its own benefit, or enjoyment.  Such use of the Property shall be limited to preparing the home for Owner or Guest’s and be limited to cleaning, restocking, addressing neighbor or local issues, repairs as necessary or at the direction of Owner.

  19. FOR PROPERTIES QUALIFIED AS AIR CONCIERGE LUX CATEGORY ("LUX HOME"). ALL TERMS AND CONDITIONS HEREIN SHALL APPLY TO ANY LUX HOME. Key differences of a LUX HOME include the following:

    1. Management Fee is discounted (20%) vs. 25% as of 1/1/2017 for a standard Air Concierge Property). Such Management Fee may be adjusted at any time, without notice, by Air Concierge, but in no cases retroactively. 
    2. Guest's receive a complimentary Welcome Package for each stay
    3. Owner's receive (1) complimentary post-Owner-stay cleaning per year. Such cleaning is eligible after the 11th month in which the LUX HOME has been managed by Air Concierge.  The selection of the cleaning professional shall rest entirely with Air Concierge. 
    4. The LUX HOME will receive (1) complimentary annual home maintenance review.  The cost of service and selection of maintenance vendor to be paid by Air Concierge.  The cost of any supplies, materials, replacement parts, or additional charges to the flat fee or hourly fee of a technician, repairman, handyman, to be paid by Owner. Such complimentary maintenance review is eligible after the 11th month in which the LUX HOME has been managed by Air Concierge.
    5. A company representative / concierge at check in and check out
    6. Additional and higher-end provided bathroom toiletry supplies on site for Guest use
    7. To Qualify as a LUX HOME:
      1. The LUX HOME must be listed at a minimum of $750/night regardless of time of year, day of week, length of stay, seasonality or special events. 
      2. The LUX HOME must be available for at least 1 year exclusive to Air Concierge, Inc. with owner use limited to 30 days / year. 
      3. The decision to list the LUX HOME and it's price is wholly the decision of Air Concierge. 
      4. The LUX HOME may later be added to the LUX category once a minimum of $750/night has been achieved on at least 3 reservations consecutively. 
      5. Reservations falling outside the LUX category will be managed at the standard fee 
  20. [UPDATED AND ADDED JULY 9, 2016]. FOR PROPERTIES LISTED ON THE HOST'S PROFILE AND NOT AN AIR CONCIERGE COMPANY OR AIR CONCIERGE AFFILIATED PERSON PROFILE INCLUDING INSTANCES IN WHICH A HOST ELECTS TO NAME AN AIR CONCIERGE PERSON OR PARTY AS A GUEST HOST, THEN AIR CONCIERGE AND HOST AGREES AS FOLLOWS;

    1. Listing Assistance. Air Concierge will assist the Owner/Host (Air Concierge shall be known as the "Co Host") with creating and optimizing the listing of an Accommodation on one or more Third Party Platforms (“Listing”). Air Concierge's Listing services may include a recommendation regarding the optimal price for a listing. Host acknowledges and agrees that Host is responsible for the accuracy of all Listing information.  Such assistance shall include the logging in and complete access to Host's online profile.  Air Concierge reserves the right to update all contact information for a Host including but not limited to username, password, contact email, contact phone number, and other contact persons associated with the account.  In the event such an update causes Host to not have access to the profile during the term of this Agreement, then no violation of this Agreement has occurred, and Air Concierge is under no obligation to reveal the contact information to Host. Shall Host remove or restrict Air Concierge's ability to log in or access a Listing under Host's profile without express written consent of Air Concierge, then an immediate termination of this Agreement has occurred and penalties under certain clauses may have likewise occurred, including Early Termination, and constructive Reservation Cancellation.
    2. Guest Selection. Air Concierge will assist the Host with screening and selecting potential guests. Host acknowledges and agrees that the Host is solely responsible for selecting Guests. BUT THAT SHALL AIR CONCIERGE UNDERTAKE THAT RESPONSIBILITY IT IS DOING SO AT THE DIRECTION AND REQUEST OF HOST. If a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement that you enter into with a Guest is between you and the Guest. Host acknowledges and agrees that Air Concierge is not your agent and will not negotiate or execute agreements with Guests on behalf of the Host. Air Concierge will not be a party to any agreement between Hosts and Guests.
    3. Duties. All other Air Concierge duties shall remain the same as listed under APPENDIX 1  “RESPONSIBILITIES OF AIR CONCIERGE". 
    4. Remittance of Funds. It is expected that Air Concierge will collect or receive funds on behalf of Hosts through Air Concierge's own bank (the "Air Concierge Client Bank Account"). When applicable, each a Host and Co Host may elect to have funds diverted separately by the Listing to each separately.  Such account may be a general bank account at Air Concierge's bank, or a dedicated sub account for an individual property or properties of a Host. In the event a Host has listed his own bank information, then upon Air Concierge's access to Host's profile, Air Concierge shall have full rights to update, edit and take whatever steps it deems necessary to effectuate receiving Guest funds (or payments from a Third Party Platform). An agreement is not completed between the Host and Air Concierge parties until Air Concierge has established the Air Concierge Client Bank Account and such account is verified by a Third Party Platform.  All fees due to Co Host are earned at the time a booking is confirmed and not when a reservation starts, finishes or otherwise.  Should Host elect to terminate Co Host at any point prior to the start of a Reservation but after a confirmed booking, then Co Host is entitled to its full fee for said Reservation(s).  
    5. Ambiguities. Where any conflict in the above 1-7 items as it pertains to terms and conditions for Hosts throughout the remainder of this Agreement, then it shall be noted that each party and its counsel have participated fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
    6. All other terms herein shall apply to any situation in which a Reservation occurs on a Host Profile. 

 

APPENDIX 2

  1. Income. The fees Owner shall assume Manager will be charging to the Guest (“Gross Income”) shall include but are not limited to: 

  2. “Nightly Rate” the nightly rate (multiplied by number of nights)

  3. “Cleaning Fee” the cost of cleaning the Property post-Guest-stay
  4. “TOT” (Transient Occupancy Tax)

  5. All of which shall equal when totaled together the Total Gross Income. In addition, there are other fees charged to Guest which are not a basis for Manager's management fee, nor payable to Owner and may be paid to a third party or back to Guest. Those include but are not limited to a Security Deposit, a Pet Deposit, a Damage Protection Fee, a Listing Site Fee, e.g. 

2.    Expenses. The fees Owner shall expect to have withheld from the gross fee (“Total Payout”) shall include but are not limited to;

  1. Cleaning Fee

  2. Damage Protection Policy. Paid to independent insurer, CSA)

  3. Refund of Security Deposit. Returned to Guest except when withheld as noted below

  4. Refund of Pet Deposit, back to Guest except when withheld as noted below

  5. Management Fee.

  6. Site Listing Fee for those Listing Sites that charge a Listing fee (e.g., Airbnb.com charges 3% of the Gross Payout for its Site Listing Fee, VRBO.com may charge 10% known as a “Pay-per-Booking Fee”)

  7. Credit Card Transaction Fee; for a Guest opting to book a Reservation with a credit cards, such amount is payable in whole to the Credit Card Merchant

  8. Owner hereby agrees that in some situations, some Listing Sites are not able to require Guest to pay certain fees and that such fees may still be the responsibility of Owner (e.g. the TOT). Likewise, some Reservations may be a single lump sum fee charged to Guest in which normal, customary expenses may still be deducted prior to Owner’s payout (e.g., the cleaning).

 

APPENDIX 3 - RESPONSIBILITIES OF OWNER”

  1. Services. Owner will furnish at Owner’s expense all utilities including but not limited to gas, electric, sewer, water, cable, internet, trash removal, and pest or termite control as needed. Owner authorizes Manager to arrange for firewood, snow removal, yard care, hot tub and pool service, and general repairs and maintenance on Owner’s behalf on an as needed basis. Owner will be responsible for all expenses associated with these services.

  2. Furnishings. Owner will furnish the Property with suitable equipment, appliances, furniture, and furnishings necessary for rental occupancy. Owner will be provided with a list of all required items; any items not provided will be purchased for the Property at Owner’s expense.

  3. Repairs. Owner is responsible for the cost of all repairs, maintenance and replacement of furnishings, fixtures and equipment necessary to maintain the Property in a satisfactory condition for rental occupancy. Manager is authorized, in the name and at the expense of the Owner, to make or cause to be made all ordinary repairs and alterations to the Property as may be necessary. The expense to be incurred for a single item of repair or alteration may not exceed $250.00, unless specifically authorized by Owner, except under such circumstances as Manager may deem an emergency, either affecting the rental condition of the Property or to protect the Property from additional damage or destruction. Manager may place the Property in an “out-of-order” status for any cause materially affecting the quality or safety of a Guest’s stay. In no event will Manager be liable for damages to the Property or for any losses accrued by Owner due to the Property being placed in an “out-of-order” status. Owner maintains full responsibility for all physical and financial matters pertaining to the ownership of the Property whether it is rented or not. Manager has the right and shall not be in breach of any clause of this Agreement if Owner fails to repair or maintain the home such that Manager or Guest are actually or potentially harmed, injured or would otherwise have their stay at the Property negatively impacted as determined solely in Manager’s discretion.   

  4. Refunds and Credits. In the event Manager, acting within his right under this Agreement, deems a refund or credit should be given to a Guest for issues that cause discomfort or discouragement, such as maintenance, repairs or degradation of use and enjoyment of the Property, then Manager may do so without impact to Manager’s fee. Such refund and credit shall come from Owner’s Payout.

  5. Guest Information. Owner agrees that all information concerning Guests occupying the Property, specifically including without limitation names, addresses and credit card data, is the sole and exclusive property of Manager.

  6. Insurance. Owner will maintain a comprehensive liability insurance policy in a minimum amount of $500,000 that specifies “AIR CONCIERGE, INC” as an additional insured. Owner agrees that its insurance policies are primary for all occurrences and incidents which happen in or about the Property and authorizes Manager to provide copies of the certificate to third parties upon reasonable demand. In the event that the Property becomes unavailable due to a natural disaster, major repair or other reason, Manager will be entitled to the Management Fee for any insurance claims by Owner that lead to recovery of rental income on displaced reservations.  

  7. Telephone and Television Services. Owner is advised to “lock” long distance telephone services to prevent excess long distance charges. Owner is also advised to lock all television service add-ons such as pay-per-view. Manager is not responsible for any communication service charges including but not limited to long distance charges and pay-per-view charges.

  8. Warranty. Owner hereby warrants that he has all legal rights to the Property and the right to appoint Manager to oversee and manage the Property.

 

APPENDIX 4: OWNER BOOKING NOTIFICATIONS

  1. Owner shall notify Manager of desired dates in which Property is sought to be booked/reserved (a "Owner Booking Notification") by email to: customercare@airconcierge.net.

  2. Manager shall confirm such dates are available and not showing as “booked”, “reserved” or “tentative” in its own proprietary calendar or on any Listing Site. Manager shall use its best efforts to respond within a timely period confirming or denying Owner's request.  

    1. First In Time. Shall Manager confirm a Guest Reservation prior to confirming Owner's Booking Notification (and not merely Owner's announcement of the booking request) and the dates of each overlap or cause a conflict, then the Guest Reservation shall take precedence and Owner's request shall be null and void.  

  3. Upon successful confirmation of availability, Manager shall cause all Listing Site calendars to be blocked for Owner’s use (whether for himself or Owner’s Guest).  Owner shall never have the obligation to pay for his own use of the Property.  

  4. Cleaning. Owner shall be responsible for arranging and managing and overseeing professional cleaning after such use of Owner or Owner’s Guests. In the event a Reservation following Owner’s assigned cleaners results in complaints or issues, then Manager shall have the right to refund Guest out of Owners Payout.  In the event Owner request’s Manager’s Services prior to and/or following a Reservation by Owner, then Owner shall pay Manager’s fee for such tasks as cleaning, restocking and any Hourly Work performed.  

  5. Owner shall ascertain and deliver to Manager whether Manager shall perform all or some of its Services for Owner’s Guest’s. In the event some or all of Manager’s services are to be performed, then Owner shall provide to Manager the name, phone, email for at least one of Owner’s Guests.  

  6. Manager’s fee for its Services for an Owner’s Guest Reservation shall be limited to 15% of the Total Payout.  All Reservations generated by Owner shall require Owner’s Guest to book the Property through an Online Listing Site managed by Manager.   

  7. Should Owner elect to grant an Owner’s Guest access to the Property and bypass notifying Manager or booking through an Online Listing Site under Manager’s control, then it shall be the sole responsibility of Owner to oversee all Guest access, respond to any Guest requests, inquiries or issues, and ensure the Property has been properly cleaned and restocked after Owner’s Guests have departed.

  8. In the event Owner’s Guest has been granted access to the Property and has bypassed notifying Manager or booking through an Online Listing site under Manager’s control, then Manager shall have no responsibility for either the Property, its inhabitants, its fixtures, and likewise no rights to any percentage of fees charged to Owner’s Guest during that Reservation Period.

  9. Further, it shall be the sole responsibility of Owner to arrange the restocking and cleaning of the Property prior to the next Reservation confirmed by Manager.

  10. In the event Owner’s Guest’s actually or constructively interferes with a Reservation previously confirmed by Manager such that Manager will be caused to cancel a Reservation, then Section ("Reservation Cancellation") shall apply. In the event the Property is not ready for a Reservation confirmed by Manager due to Owner not informing Manager as outlined above or Owner having not taken steps to prepare the Property, then Manager may either at its election and only in good faith, act in accordance with Section ("Reservation Cancellation") or take reasonable measures to prepare the Property himself, the cost of which may deviate from the normal course of expenses typically incurred but not to exceed $500 for a cleaning.   Manager may be entitled to Hourly Work fees for any work undertaken to prepare the Property in such a situation.  

  11. Pre-Existing Reservations. Any reservation for the Property, prior to Manager’s acceptance of this Agreement, shall be a) communicated to Manager (including dates of arrival and departure of Guests) b) handled by Owner or its representatives c) upon departure of the Guest, leave the Property in such condition that shall Manager confirm a reservation, that those arriving Guests arrive to a rental ready Property and shall any issues arise for Manager’s Guests resulting in refunds or credits, such refunds or credits shall be covered by Owner.

Appendix 5; House Rules for Rental Guests

The below House Rules are a condition of the Property rental by Guest prior to Guest's booking of the Property.  Owner approves these rules by acceptance of the Terms and Conditions of this Agreement. Owner acknowledges such terms may be altered at any time by Air Concierge without consent or approval by Owner.  Owner acknowledges that Air Concierge may from time to time rely on the posted terms and conditions of a listing site and that such terms and conditions shall operate in place of the House Rules below at the sole discretion of Air Concierge and without the consent or approval by Owner.

House Rules - (For Properties with Pools/Hot Tubs or outdoor structures including children/play structures, we include the following notice, "Please note the waiver of liability for guest use of the Hot Tub and Outdoor Slide/Structure (where applicable).

***
By agreeing to the terms of this booking we have created a de facto rental agreement. Your rental agreement provides for the number of occupants you stated and confirmed with us. Any violation, single or multiple, of this agreement (whether a material or immaterial clause, provision or requirement) can result in immediate eviction from the premises in addition to other fines and penalties as outlined herein.  No additional overnight (beyond the number we agreed to at the time of booking) guests are permitted. Further information below on violation of this provision.

1. Our check in (4pm) and check out (11am) times are strict. We are not able to make exceptions for either later check out or earlier check in.  For guests that stay past or arrive earlier than our posted times, we will deduct/charge $50 for every 30 minute period.  We do this because our home and our staff requires the full block of time to properly survey, clean and prepare the home before and after each guest.  We also do this as our liability policy does not cover times on site outside the language of our policy, unless we give authorization. This is non-negotiable and we appreciate your understanding of this clause before booking our home. 

1a. No additional overnight guests are permitted. Further information below on violation of this provision.

2. We have created a beautiful environment for our guests. Please treat the home and its contents kindly and gently and keep it clean:

a. Please do not move furniture.
b. Restrict food to kitchen and dining table(s) and outdoor dining table– We deduct for damages and stains.
c. Please remove shoes in the home. 
d. Please keep luggage, dirty/sticky hands, juice boxes, sun block, crayons and other items that stain off furniture and beds.
e. Please do not roll luggage through the home.  
f. Flush toilet paper only. Use waste basket for other items. 
g. Only small amounts of table scraps can be put in garbage disposal.
h. We live near the beach but we kindly ask you to not bring it back into the home with you. Please use our backyard (or private side yards with outdoor shower) to change out of sandy clothes and rinse off sandy feet.  

3. Guests are responsible for charges for plumbing services to rectify clogs and dysfunctions due to improper or excessive disposal of items in toilets, sinks and garbage disposals.  We review the property in depth after each guest and will never turn the home over to you with any pre existing issues.  Please inform us upon arrival if you discover any problems and we will rectify immediately.  

4. Please conserve energy and turn off the HVAC system(s) whenever you leave the home.

5. This is a non-smoking property, inside and out. Please respect a 20' off-the-property-rule.  Any evidence of smoking will result in at a minimum $2500 damage claim or loss of security deposit to cover deep cleaning and smoke removal. 

6. We are not animal friendly at this time, and such are not allowed on the property.  Any evidence of pets on property will result in at a minimum $1000 damage claim or loss of security deposit to cover deep cleaning and smoke removal. 


7. San Diego (or relevant City) has a noise ordinance to ensure quiet enjoyment by all residents and imposes a $500 fine for violations. Please observe the following: a. 7am-7pm = no more than 55 decibels (discussion without yelling) b. 7pm-10pm = no more than 50 decibels (quiet conversation) c. 10pm-7am = no more than 45 decibels (whisper). We know, but that's San Diego city limits for you.

8. A condition for the return of your security deposit (in the event we take one) is that there is no complaint of noise, misconduct or criminal activity in which a member of your party or your group is the subject of the complaint.  We withhold repayment of security deposits for 10 business days to ensure all compliance.

9. No parties or events including but not limited  to the persons allowed on the property at any time, be only those who were disclosed to Host at time of booking.  Any additional guests, regardless of age, must have the express and prior written consent of owners or manager. Additional charges including loss of full security deposit, immediate termination of the agreement and eviction from the property may apply. Additionally no stop-by or stop-off or overnight guests other than the ones approved at time of booking (including any amount over the booking size) shall be permitted on property without express written authorization by owner.  Any evidence of an event or additional guests will result in at a minimum $2500 damage claim or loss of security deposit to cover property inspection, liability analysis and coverage, deep cleaning and other property related items concerning use and safety inspection.  

9b. An event can be defined as any one of these types of gatherings that involve people beyond the number disclosed as to staying at the property, gathering for a social / celebratory or business purpose, including but not limited to wedding or engagement, bachelor, bridal, baby naming, baby related, birthday, anniversary or other celebratory function (including cocktail party, brunch, shower, eg). This list is not inclusive, and others may be considered "events" as determined by us, and as such must have express written authorization from the host in addition to a separate fee and contract arrangement. Violation of this provision will result in total loss of security deposit and a potential legal claim as noted above due to the insurance and accident/damage liability.  Immediate eviction from the property may result due to the subjection of owners, neighbors and the property to liability and safety issues. 

10. San Diego (or relevant City) recycles plastic and glass bottles and jars, paper, newspaper, metal containers (e.g., soda cans, aluminum pans, trays and wrap) and newspaper. Please deposit your recyclable items in the blue cans in the back yard enclosures. Please make sure that you close and lock the back gate after coming back in from throwing out the trash.

11. Trash pick-up occurs every [applicable day of the week] morning. The trash containers are enclosed along the [location of trash/recycling]. Please deposit your trash there on [applicable day of the week].  On [applicable day of the week] we kindly request as a condition of this reservation you to bring the cans back in.

12. When applicable, As a courtesy to other guests, please clean the outdoor grill and tools immediately after each use.

13. We have provided high quality bath towels and bed linens. Please do not clean or mop up spills with them. Do not remove them from the property. We will wash them when you leave, but if you choose to launder, please treat soil with Shout or other stain remover and wash white towels and linens separately from colored beach towels and personal items. No bleach! We deduct from security deposit for missing, damaged, stained or discolored towels and linens.

14. Please do not allow children to operate appliances. Note that outlets, cabinet doors, windows and other elements do not have child-safe/safety mechanisms.

15. Children under 21 years are not permitted on the property without direct adult supervision, either indoors or out. Children must be accompanied and supervised by an adult on the decks and make sure not to break decorations/statues that sit on the side table. Guests who do not supervise their children at all times do so at their own risk and hold owners harmless.

16. We inspect the house upon each party's departure and before house cleaning occurs. If you discover that something is broken or is not working, please inform us right away so we can repair or replace the item for you and before the next guests arrive.

17. Before checking out, please ensure dishware, cookware, cups, glasses and utensils have been washed, dried and returned to the cupboards.

18. Upon your departure, please close and lock doors and windows and turn off the HVAC(s). Return keys (if they were provided) to the lockbox on your way out.

19. Noncompliance with any of the aforementioned rules may result in additional charges and/or application of security deposit to clean, repair or replace items, including time and effort of contractors, property owners and their staff.

20. In the unlikely event of the cancellation of this Agreement, whether with cause or without, we reserve the right to the vacate and return of the premises by you, to us, upon reasonable notice of 2 hours whereby the refusal of such by you may lead to civil and/or criminal liabilities including trespass.  In the event such request is made (to vacate the premises) we will do so only in the event of a violation of our Rules or for the safety of others or the real or personal property, (including our neighbors) in or near the home, regardless if an agreement is in place with those persons.  Should you refuse to vacate, then we may be forced to engage local safety and peace officer support.  Any unused nights may be compensated back to you depending on the reason for the termination of the Agreement. 

21. Our posted check in and check times are strict.  We will often make accommodations for earlier arrivals (check in) and later check outs when its convenient for us and our staff which is responsible for preparing the home.  If we have provided you access to the home ahead of your arrival, your ability to enter the home will still remain set at the posted time and in no way will we permit early access without prior authorization by us. A violation of this clause will result in fine of $150 for each violation.  If you require early check in or late check out we may accommodate for an additional fee.

Liability Waiver:

Waiver of Liability And Hold Harmless Agreement.

1. In consideration for receiving permission to rent, I hereby RELEASE, WAIVE, DISCHARGE and COVENANT NOT TO SUE the owner, their officers, agents, servants, or employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demand, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or any of the property belonging to me, whether caused by the negligence of the releasees, or otherwise, while in, on or upon the premises where the use is being conducted. 

2. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorney fees, that they may incur due to my participation in renting, whether caused by negligence of releasees or otherwise. 

3. It is my express intent that this Waiver of Liability and Hold Harmless Agreement shall bind the members of my family, spouse, and my guests. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of California. 

4. I accept this Liability Waiver incorporated in the House Rules, which I accepted when making this booking. I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and accept it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same. Upon request by email, we will send you this Liability Waiver by email.

Hot Tub Waiver (for Properties with a Pool and/or Hot Tub):

Hot Tub: ONLY GUESTS declared with this booking MAY USE THE HOT TUB.

Please shower before use and do not put oils, lotions or any fragrance in the tub, as it will clog the filter and make the water dirty and cloudy. Please close lid when not in use. Please use only the towels designated for the use at the hot tub, and not the bath towels. Please do not add water to the tub. Please note that the hot tub is not a swimming pool or a babysitter. We strongly recommend that children under the age of ten not enter the hot tub. CHILDREN ARE NOT ALLOWED TO ENTER THE BACKYARD WITHOUT ADULT SUPERVISION. If children are allowed in hot tub, they must be monitored by an adult at all times. and we strongly encourage limiting their use to 20 minutes. Additionally, using the hot tub as a swimming pool causes water to splash out of the tub onto electrical components as well as decreasing the water in the tub. This causes costly damage to the tubs. Additionally, we reserve the right to add a $100 cleaning charge to the reserved cardholder for excessive cleaning or breaking of policy if necessary.

In consideration for the utilization of the HOT TUBS we, understand and agree as follows:

1. I am responsible to check water quality before use. We provide test strips and chemicals at the hot tub. Please ensure that the water is balanced and properly disinfected. We regularly clean the hot tub, and disinfect the water, but since there is no manager on site, we ask that you check the hot tub before use. USE OF THE HOT TUB IS AT YOUR OWN RISK!

2. To the best of my knowledge, I am physically sound and have medical approval by my doctor to participate in physical exercise activities of the type normally engaged in a voluntary health & fitness facility and for usage of a hot-tub.

2. I understand and agree that I am responsible for learning how to use the equipment properly and safely.

3. I understand that by ordering the use of the hot tub, I am assuming financial responsibility of the tub for any and all usage, breakage, and/or abuse of the policies during my stay. This could include an additional cleaning charge and/or water replacement fee of $100 and any/all additional fees for extraordinary maintenance and/or repair incurred by owner in order to restore the tub after my stay.

4. I understand that owner reserves the right to change or cancel the continued availability of HOT TUBS without prior notice to me for issues related to care, maintenance, and/or safety. No lease, license or bailment is created by my use of the HOT TUB.

5. Owner is not liable for any loss or damage to my property arising out of my usage of the HOT TUB.

6. I agree to refrain from using equipment that I determine to be defective or in need maintenance or repair. Should any equipment be in a state of disrepair, I will alert owner in lieu of using said equipment.

7. I understand that a risk of injury and/or illness is present when engaging in or utilizing HOT TUBS and I assume all responsibilities and risk of participation in this program. I understand that failure to follow listed policies may increase those risks and incur charges to my CC on file related to any breakage, abuse of equipment, and/or abuse and negligence of the policies given and signed upon check-in.

8. IN CONSIDERATION OF THE ACCEPTANCE OF MY AGREEMENT, I INTEND TO BE LEGALLY BOUND FOR MYSELF, MY HEIRS, EXECUTORS, AND ADMINISTRATORS AND DO HEREBY RELEASE ANY AND ALL SPONSORS OF THIS FACILITY AND THEIR REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, FROM ANY AND ALL LIABILITY ARISING FROM INJURIES, INCLUDING ILLNESS AND DEATH, THAT I MAY SUFFER AS A RESULT OF MY USAGE OF THE HOT TUBS.

9. MY ACCEPTANCE OF THE HOUSE RULES, and the Liability Release and Hot Tub Waiver incorporated therein IS EVIDENCE I SHOULD CHECK WITH MY DOCTOR TO SEE IF HOT TUB USE IS SUITABLE FOR MY AND MY CHILD/WARD'S HEALTH AND PHYSICAL CONDITION.


10. I HAVE CAREFULLY READ THIS AGREEMENT, RELEASE & WAIVER LIABILITY, AND I KNOW ITS CONTENTS. I HAVE VOLUNTARILY ACCEPTED IT AS PART OF MY ACCEPTANCE OF THE HOUSE RULES AS MY OWN FREE ACT.

11. BY SIGNING and/or reserving the property which shall act as my signature implied and agreement to the above, I ADMIT RECEIVING AND ACKNOWLEDGING HOT TUB SAFETY RULES EITHER AT CHECK IN, OR BY WAY OF THESE RULES AND INSTRUCTIONS.

In consideration for the utilization of the CHILDRENS PLAY SET & SLIDE (the "SET") we, understand and agree as follows:

1. I am responsible for all persons, child and adult alike in my reservation and that USE OF THE CHILDRENS PLAY SET & SLIDE IS AT MY AND THOSE IN MY PARTY OWN RISK!

2. To the best of my knowledge, I am physically sound and have medical approval by my doctor to participate in physical exercise activities of the type normally engaged in a voluntary health & fitness facility and for usage of a CHILDRENS PLAY SET & SLIDE.

2. I understand and agree that I am responsible for learning how to use the equipment properly and safely.

3. I understand that by ordering the use of the CHILDRENS PLAY SET & SLIDE, I am assuming financial responsibility of the SET for any and all usage, breakage, and/or abuse of the policies during my stay. This could include an additional cleaning charge and/or replacement fee of $100 and any/all additional fees for extraordinary maintenance and/or repair incurred by owner in order to restore after my stay.

4. I understand that owner reserves the right to change or cancel the continued availability of the SET without prior notice to me for issues related to care, maintenance, and/or safety. No lease, license or bailment is created by my use of the SET.

5. Owner is not liable for any loss or damage to my property arising out of my usage of the SET.

6. I agree to refrain from using equipment that I determine to be defective or in need maintenance or repair. Should any equipment be in a state of disrepair, I will alert owner in lieu of using said equipment.

7. I understand that a risk of injury and/or illness is present when engaging in or utilizing the SET and I assume all responsibilities and risk of participation in this program. I understand that failure to follow listed policies may increase those risks and incur charges to my CC on file related to any breakage, abuse of equipment, and/or abuse and negligence of the policies given and signed upon check-in.

8. IN CONSIDERATION OF THE ACCEPTANCE OF MY AGREEMENT, I INTEND TO BE LEGALLY BOUND FOR MYSELF, MY HEIRS, EXECUTORS, AND ADMINISTRATORS AND DO HEREBY RELEASE ANY AND ALL SPONSORS OF THIS FACILITY AND THEIR REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, FROM ANY AND ALL LIABILITY ARISING FROM INJURIES, INCLUDING ILLNESS AND DEATH, THAT I MAY SUFFER AS A RESULT OF MY USAGE OF THE CHILDRENS PLAYSET AND SLIDE.

9. MY ACCEPTANCE OF THE HOUSE RULES, and the Liability Release and Hot Tub Waiver and Children's Playset and SLide incorporated therein IS EVIDENCE I SHOULD CHECK WITH MY DOCTOR TO SEE IF SUCH USE IS SUITABLE FOR MY AND MY CHILD/WARD'S HEALTH AND PHYSICAL CONDITION.


10. I HAVE CAREFULLY READ THIS AGREEMENT, RELEASE & WAIVER LIABILITY, AND I KNOW ITS CONTENTS. I HAVE VOLUNTARILY ACCEPTED IT AS PART OF MY ACCEPTANCE OF THE HOUSE RULES AS MY OWN FREE ACT.

11. BY SIGNING and/or reserving the property which shall act as my signature implied and agreement to the above, I ADMIT RECEIVING AND ACKNOWLEDGING CHILDRENS PLAYSET AND SLIDE SAFETY RULES EITHER AT CHECK IN, OR BY WAY OF THESE RULES AND INSTRUCTIONS.

 

Disclosures & Acknowledgements of Owner Host

  1. You understand that some times of the year, your Property will receive little to no booking activity.

  2. You understand that some reservations may be as few as (2) nights.

  3. You understand that some reservations may be more than (30) nights unless directed by you in a subsequent notification via email to customercare@airconcierge.net, thus qualifying any non-departing guest as a tenant and requiring traditional landlord tenant treatment to have the guest removed, including an unlawful detainer action that shall be the sole responsibility of yourself to facilitate the guest’s removal, financially and otherwise.

  4. You understand that prior to your first booking, Air Concierge may elect to have your property professionally cleaned and then a follow up cleaning after the initial guest’s departure.

  5. (Updated July 8 2016 for grammatical purposes only. Updated language marked in brackets). You understand that if [you] reserve your own home that [you] may be responsible for having it professionally cleaned after your own use prior to any Air Concierge Guest Bookings.

  6. You understand that prices may fluctuate for a booking based on time of year, length of stay, number of persons, as well as other factors that Air Concierge may elect to rely on.

  7. (Updated July 8 2016 for clarification purposes only. Updated language marked in brackets). You understand that there is wear and tear on the real property and personal property of the home and that Air Concierge will take all precautions to prevent and identify the responsible guest for such wear and tear, [but at no time shall Air Concierge be liable for any such wear and tear].  

  8. You further understand that you may discover such use and abuse and will need to replace household items as well as make repairs accordingly and that Air Concierge shall not be responsible in such instances.

  9. You understand that by not providing certain amenities in your property, you may not receive an optimal number of views, inquiries and thus bookings, including but not limited to

    1. Air Conditioning (central or portable)

    2. Heating (central or portable)

    3. Wifi

    4. Coffee maker

    5. Washer & dryer

    6. Dishwasher

    7. Garbage disposal

    8. Towels & linens (new or in very good condition)

    9. Outdoor furnishings

    10. BBQ

  10. In the event you opt to set certain pricing and availability parameters for the Property, you understand that your property may not receive an optimal number of views, inquiries and thus bookings, including but not limited to setting the:

    1. Minimum and maximum number of nights per reservation

    2. Distant / time in the future property can be booked

    3. Minimum and maximum nightly rate

    4. Number of guests on site

    5. Pets allowed on site

    6. Age limits of guests

  11. You understand and authorize Air Concierge to use its professional judgement and expertise in setting the base price and minimum price for my home. You understand that these prices may fluctuate daily based on seasonality, special events, day of the week, length of stay and other factors known to only Air Concierge and subjective to them.


 



FOR RESERVATIONS CONFIRMED & booked THROUGH WWW.AIRCONCIERGE.NET, WWW.AIRCONCIERGEVACATIONHOMES.COM (OR ANY SIMILAR TITLED SITE AND CONTROLLED BY THE COMPANY).

 

Eligibility

The Site, Services and Content are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.

Pursuant to 47 U.S.C. Section 230(d), we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

License to Site and Services

Subject to your compliance with the terms and conditions of these Terms, provided you are registered to use the Site and Services, AIR CONCIERGE hereby grants to you a non-exclusive, non-transferable, terminable license to the Site and Services, in object code form only, to be used solely for your own internal business purposes and only for the purposes for which the Site and Services were intended. You may permit your employees, consultants, or other authorized users to access and use the Site and Services on behalf of and for your benefit.

Modification

AIR CONCIERGE reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or through the Services or provide you with notice of the modification. We will also update the “Last modified” date at the top of these Terms. By continuing to access or use the Site or the Services after we have posted a modification on the Site or through the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and the Services.

Registration and Communication

Registration with the Site is currently free; however we reserve the right to levy registration fees in the future. In order to become a registered User you will have to provide some basic personal information. Certain services and functionality will only be available to registered Users or registered Members.

You agree that all information supplied upon registration is true and accurate and will be kept up to date at all times. We will use the information provided to us to contact you.

You may not have more than one registration and we reserve the right at our discretion to delete or cancel the membership of any person who in our opinion possesses more than one registration at any time.

You are not entitled to allow any other person to use your registration. You may not impersonate any other person in any registration whether or not that other person is a user of the Site or the Services.

We request that all information included in your registration or member profile is accurate, current and complete. All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these Terms you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing. Personal information that you supply to us will not be disclosed by us to any third party save in accordance with our Privacy Policy. You agree that we may use the personal information supplied by you in accordance with our Privacy Policy.

Privacy

AIR CONCIERGE is committed to protecting your privacy. Our use of your personal information is governed by the terms of our Privacy Policy, which is incorporated into these Terms. The Privacy Policy may be updated from time to time at our discretion and changes will be effective upon our posting them to www.airconcierge.net/privacy. A copy of the Privacy Policy can be found at www.airconcierge.net/privacy.

By using the Services, you agree that AIR CONCIERGE may collect and use technical data and related information, including but not limited to technical information about your device, system, application software and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any).

Use and General Prohibitions

The Services and AIR CONCIERGE Content are offered solely for a User's personal use and for the purposes described in these Terms. Any and all other uses are prohibited. AIR CONCIERGE expressly reserves all its rights and remedies under applicable state and federal laws. AIR CONCIERGE reserves the right, in its sole discretion, to refuse service, terminate memberships, remove or edit content, cancel reservations, or deny access to the Services.

Any information published by you on the Site will be your personal responsibility. You will be personally liable for claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your content. You may not publish any offensive, inaccurate, misleading, defamatory, fraudulent, or illegal content. If any such content is published by you or if in our opinion any content is published by you which damages our goodwill or the goodwill attaching to the Site we reserve the right at our discretion and without notice to take such action as we deem necessary including removing the content from the Site and terminating your membership.

In the event that you are informed that you will no longer be entitled to access the services you will not be entitled to register again and you will no longer have permission to use the Site.

You agree not to (and not to allow any third party to):

  1. Reproduce, duplicate, copy, sell, resell, visit or otherwise exploit the Site, or any portion thereof, for any commercial purpose without our express written consent.
  2. Attempt to access or search the Site, Services or AIR CONCIERGE Content or download AIR CONCIERGE Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by AIR CONCIERGE or other generally available third party web browsers.
  3. Use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or AIR CONCIERGE Content, except as expressly authorized by AIR CONCIERGE.
  4. Rent, lease, copy, provide access to or sublicense any portion of the Services or AIR CONCIERGE Content to a third party.
  5. Reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to AIR CONCIERGE).
  6. Modify any Services or AIR CONCIERGE Content or create any derivative product from any of the foregoing.
  7. Remove or obscure any proprietary or other notices contained in the Services or AIR CONCIERGE Content.
  8. Publicly disseminate information regarding the performance of the Services or AIR CONCIERGE Content or access or use the Services or AIR CONCIERGE Content for competitive analysis or benchmarking purposes.
  9. Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) promotes illegal or harmful activities or substances; or (viii) is inaccurate or untrue.
  10. Collect or store any personally identifiable information from the Site or Services from other Members of the Site or Services without their express permission.
  11. Impersonate or misrepresent your affiliation with any person or entity.
  12. Interfere with, or attempt to interfere with, the access of any Member, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services.
  13. Use the Services or AIR CONCIERGE Content for any illegal purpose.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS OF THE SITE AND SERVICES AND YOU WILL EXERCISE CAUTION, DISCRETION, COMMON SENSE AND JUDGMENT IN, USING THE SITE OR SERVICES AND DISCLOSING PERSONAL INFORMATION TO MEMBERS AND AIR CONCIERGE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET WITH ANY SUCH MEMBERS IN PERSON. YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK AND DISCRETION AND AIR CONCIERGE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU OR ANY THIRD PARTY RELATING THERETO.

AIR CONCIERGE IS NOT RESPONSIBLE, AND DISCLAIMS ALL RESPONSIBILITY, FOR THE USE OR EXCHANGE OF ANY INFORMATION AMONG MEMBERS. AIR CONCIERGE IS NOT RESPONSIBLE FOR ANY DAMAGE OR DESTRUCTION TO ANY ACCOMMODATION, DAMAGE TO PERSONAL PROPERTY OR PERSONAL INJURY TO A HOST OR GUEST.

Advertising and Commercial Use

Users of the Site are not entitled to directly advertise to or solicit the custom of other users without our express written consent.

You are not entitled to resell or commercially exploit the Site's contents other than content you have posted. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect user names, e-mail addresses or any other data for the purposes of sending unsolicited e-mail or for any other use.

In the event that you are found by us to have been sending unsolicited e-mail to our users in contravention of the Privacy and Electronic Communications Regulations 2003 having taken their address from our Site then we reserve the right to terminate without notice your use of the Site without limiting any other rights and remedies we may have.

Availability

AIR CONCIERGE will use reasonable efforts to make the Services available at all times. However you acknowledge the Services are provided over the internet and mobile networks and so the quality and availability of the Services may be affected by factors outside AIR CONCIERGE's reasonable control. AIR CONCIERGE does not accept any responsibility whatsoever for unavailability of the Services, or any difficulty or inability to download or access content or any other communication system failure which may result in the Services being unavailable. From time to time it may be necessary to suspend access to the Site for a period of time and any such interruptions shall not constitute a breach by us of these terms. We may make changes to the format of the Site, Services provided or to the Site's content at any time without notice.

Technical Requirements

Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. AIR CONCIERGE does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers.

Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK.NEITHER WE NOR OUR AFFILIATED COMPANIES NOR ANY OF OUR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE “AIR CONCIERGE PARTIES”) WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES, ACCOMMODATIONS OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF WARRANTY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

Liability Limitations

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND SERVICES REMAINS WITH YOU. WE AND THE AIR CONCIERGE PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, INCLUDING WITHOUT LIMITATION THIRD PARTY PLATFORMS, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL WE, THE AIR CONCIERGE PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER WE NOR THE AIR CONCIERGE PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE,INCLUDING, WITHOUT LIMITATION, PRICING OR AVAILABILITY INFORMATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.

NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF WE AND THE AIR CONCIERGE PARTIES TO YOU OR ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SITE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU SHOULD CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

Indemnity

You agree to defend, indemnify, hold harmless AIR CONCIERGE, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders from and against all claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) your access to or use of the Site and Services, (2) any Member Content submitted by you and (3) any breach or alleged breach by you of these Terms.

Term and Termination

This Agreement is effective from the first date you use the Site and Services. On receipt of an email by you to us cancelling your registration then we will terminate your registration within 30 days. AIR CONCIERGE may terminate or revise these terms at any time with or without notice. The provisions and all obligations of and restrictions on you and any User with respect to the Services shall survive any termination of these Terms.

You agree that AIR CONCIERGE, in its sole and absolute discretion, may terminate your account (or any part thereof) or your use of the Service, for any reason, including for lack of use or if AIR CONCIERGE believes that you have violated or acted inconsistently with the spirit of these Terms. AIR CONCIERGE may, also, in its sole and absolute discretion, and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and you acknowledge and agree that Air Concierge may immediately deactivate or delete your account and all related information and files in your account and prohibit any further access to all files or the Services by you; however, we do not guarantee that any information posted by you will be deleted from the Site. Further, you agree that Air Concierge shall not be liable to you or any third party for any termination of your access to the Services.

Intellectual Property Rights

The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “AIR CONCIERGE Content”) are provided to User by AIR CONCIERGE or its partners or licensors solely to support User's permitted use of the Services. The Air Concierge Content may be modified from time to time by AIR CONCIERGE in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or AIR CONCIERGE Content by User shall constitute a material breach of this Agreement. AIR CONCIERGE and its partners or licensors retain all rights in the Services and Air Concierge Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of AIR CONCIERGE or any third party is granted under this Agreement. As a Member, you may post, upload, publish, submit or transmit text, graphics, images, information or other materials to be made available through the Site and Services (“Member Content”, together with AIR CONCIERGE Content, the “Content”). By making available any Member Content through the Site and Services, you hereby grant to Air Concierge a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Member Content only on, through or by means of the Site and the Services. AIR CONCIERGE does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to AIR CONCIERGE the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or any other person's use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not screen Member Content (including content relating to Accommodations or other information posted by Hosts or Guests) or information on the Site and we cannot give any assurance as to its accuracy or completeness. Users of this Site are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Any such content is contrary to our policy. We do not accept liability in respect of such content. The user responsible will be personally liable for any damages or other liability arising from such content and you agree to indemnify us in relation to any liability we may suffer as a result of any such content.

The Site may include links to other web sites or material which are beyond its control. We are not responsible for content on any site outside the Site.

Copyright Policy

AIR CONCIERGE respects the intellectual property rights of third parties. If you are a copyright owner or an agent thereof and believe that any of the Services or any content infringes upon your copyrights, you may notify our copyright agent in writing pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”). The contact information for our copyright agent is at the bottom of this Section.

In order for us to take action, your notice must include the following information:

  1. Identify the copyrighted work that you believe is being infringed;
  2. Identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it;
  3. Provide us with your full name, mailing address, telephone number and email address;
  4. Provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services;
  5. Provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed; and
  6. Provide your physical or electronic signature.

Our designated copyright agent to receive notifications of claimed infringement is:

AIR CONCIERGE Designated Copyright Complaint

PO BOX 235320

Encinitas CA 92023

 

Email:info@airconcierge.net

Only DMCA notices should go to the copyright agent. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. We suggest that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA. Any other feedback, comments, requests for technical support, and other communications should be directed to our customer service. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Notice

Any notices or other communications permitted or required hereunder by AIR CONCIERGE, including those regarding modification of these Terms, will be in writing and given by AIR CONCIERGE (1) via email (in each case to the address that you provide) or (2) by posting to the Site. Any notices or other communications permitted or required hereunder by the User will be in writing and given by the User via email to info@AIR CONCIERGE.net. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. For notices made by posting, the date of receipt will be deemed the date on which such notice is posted.

Governing Law and Compliance with Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

Your use of the Services may also be subject to other local, state, national and international laws. For example, some jurisdictions have laws that prohibit or restrict short-term rental of residential dwellings, including single family residences, condominiums and apartments. In certain jurisdictions, Hosts may have to meet certain qualifications, register or obtain a permit or license before listing or renting a residential dwelling. Hosts may also be subject to CC&Rs, bylaws and other agreements that apply to single family residences in some neighborhoods, condominiums and apartment buildings. You may be liable for civil and criminal penalties for the violations of these laws and regulations. You are encouraged to review local, state and Federal laws and regulations applicable to you and consult with an attorney prior to listing an Accommodation on a Third Party Platform or using the Services. For more information, please refer to our Frequently Asked Questions, which can be found here.

Dispute Resolution

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) (“Disputes”) between you and AIR CONCIERGE or their successors or assigns shall exclusively be settled through binding and confidential arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and AIR CONCIERGE are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Air Concierge otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section and not any state arbitration law.

Notwithstanding anything to the contrary herein, if Air Concierge changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@airconcierge.net) within 30 days of the date such change became effective, as indicated in the “Last modified” date above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Air Concierge in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General

Waiver. If you breach these Terms and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.

Severability. If any of the provisions, or portions thereof, of these Terms are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, these Terms shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

Assignment. These Terms and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by Air Concierge.

Contact

If you have any questions about these Terms, please contact Air Concierge at support@airconcierge.net.

Air Concierge - Host Services Agreement for only when hosts & guests book a property through www.airconcierge.net / WWW.AIRCONCIERGEVACATIONHOMES.COM (or similarly titled sites owned and controlled by Company).

Last modified: July 27, 2015

This Agreement is entered into between you (the “Host”, “you” or “your”) and Air Concierge Inc., a California corporation (“Air Concierge”, “we”, “us” or “our”), under which Air Concierge will provide certain services to you with respect to the listing and rental of your Accommodation.

By accepting the terms hereof, you acknowledge that you have read, understand and agree to comply with and be bound by Air Concierge's Terms of Service (the “Terms”), as published from time to time at WWW.AIRCONCIERGE.NET, into which this Agreement is incorporated. Capitalized terms used in this Agreement but not defined herein have the meanings assigned to them in the Terms.

As set forth in the Terms, Air Concierge reserves the right, at its sole discretion, to modify, discontinue or terminate any Host Services, at any time and without prior notice. If we modify the Host Services or this Agreement, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last modified” date at the top of this Agreement. By continuing to use Host Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms of this Agreement. If the modified terms of this Agreement are not acceptable to you, your only recourse is to cease using the Site and Host Services.

Air Concierge Host Services

The following services (“Host Services”) will be provided by Air Concierge to a Host that registers on the Site. ANY DISPUTE BETWEEN THE TERMS BELOW AND THE TERMS IN AN EXECUTED MANAGEMENT AGREEMENT SHALL BE RESOLVED IN FAVOR OF THE BELOW:

  1. Listing Assistance. Air Concierge will assist the Host with creating and optimizing the listing of an Accommodation on one or more Third Party Platforms (“Listing”). Air Concierge'S Listing services may include a recommendation regarding the optimal price for a listing. Host acknowledges and agrees that Host is responsible for the accuracy of all Listing information.
  2. Guest Selection. Air Concierge will assist the Host with screening and selecting potential guests. Host acknowledges and agrees that the Host is solely responsible for selecting Guests, BUT THAT SHALL AIR CONCIERGE UNDERTAKE THAT RESPONSIBILITY IT IS DOING SO AT THE DIRECTION AND REQUEST OF HOST. If a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement that you enter into with a Guest is between you and the Guest. Host acknowledges and agrees that Air Concierge is not your agent and will not negotiate or execute agreements with Guests on behalf of the Host. Air Concierge will not be a party to any agreement between Hosts and Guests.
  3. Dashboard Reporting. Air Concierge MAY IN THE FUTURE provide a dashboard to Hosts on its Site to review certain information relating to its Accommodation, such as a calendar of selected and available dates, Guest information and Listing revenue.
  4. Guest Communication. Air Concierge will receive and attempt to communicate with potential guests to provide information about a Listing and resolve questions and complaints. Air Concierge will also attempt to communicate with Guests prior to, during and after their stay to assist Hosts and Guests with a smooth stay. As reasonably necessary, Air Concierge will assist Hosts and Guests with unexpected events such as lockouts.
  5. Routine Maintenance Air Concierge will perform routine maintenance on the property as it sees fit. Air Concierge will automatically resolve all maintenance issues that are quoted below the Host’s maintenance preapproval limit. By default the maintenance preapproval limit is set at $250, Hosts have the ability to set this as low as $100 and as high as $1500.
  6. Routine Cleaning. Air Concierge will provide cleaning services for Accommodations after the completion of a stay.
  7. Remittance of Funds. It is not expected that Air Concierge will collect or receive funds on behalf of Hosts. If Air Concierge receives any funds from Guests, to which a Host is entitled under its agreement with a Guest, as soon as practicable after receipt, Air Concierge will remit the funds to the Host, minus any fees payable by Host to Air Concierge.
  8. Airbnb Resolution Handling. From time to time Air Concierge may add itself on the Host’s listing platform account as a trusted contact to resolve issues, on behalf of the owner, where Air Concierge is at fault. It is at Air Concierge's full discretion to decide participation in the event of a resolution on the Host’s listing platform.

Host acknowledges and agrees that Air Concierge may provide the Services through one or more third party vendors in its sole discretion. Air Concierge agrees to provide the Services is timely and professional manner in accordance with this Agreement, but Air Concierge makes no warranties of any kind, express or implied, with respect to the Services to be provided hereunder. This Agreement is subject to the limitations of liability set forth in the Terms.

You acknowledge and agree that you are responsible for any and all Listings. Air Concierge assumes no responsibility for a Host's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.

Some jurisdictions have laws that prohibit or restrict short-term rental of residential dwellings, including single family residences, condominiums and apartments. In certain jurisdictions, Hosts may have to meet certain qualifications, register or obtain a permit or license before listing or renting a residential dwelling. Hosts may also be subject to CC&Rs, bylaws and other agreements that apply to single family residences in some neighborhoods, condominiums and apartment buildings. You may be liable for civil and criminal penalties for the violations of these laws and regulations. You are encouraged to review local, state and federal laws and regulations applicable to you and consult with an attorney prior to listing an Accommodation on a Third Party Platform or using the Services. For more information, please refer to our Frequently Asked Questions, which can be found here.

 

Fees: All Fees shall be covered by the Management Agreement as between Air Concierge and its Host's.

  1. Host’s Representations and Warranties

In addition to the other representations and warranties set forth in this Agreement and in the Terms, Host represents and warrants that:

  1. Host is a legal owner or Authorized Tenant of the Accommodation and has full authority to enter into this Agreement and to use Air Concierge for the Host Services under the terms of this Agreement.
  2. If Host is an Authorized Tenant, there are no written or oral restrictions on further leasing or subletting the Accommodation that would interfere with the Listing of the Accommodation on a Third Party Platform or otherwise temporarily leasing the Accommodation to Guests, or any other actions contemplated by this Agreement.
  3. To the best of the Host’s knowledge the Accommodation, its construction and operation do not violate any applicable statues, laws, ordinances, rules, regulations, orders, or the like including, but not limited to, those relating to hazardous or toxic substances.
  4. To the best of the Host’s knowledge the building does not contain any toxic substances such as, but not limited to: lead based paint, asbestos, urea, formaldehyde, radon, or other hazardous substances and that no unsafe condition exists except as disclosed in writing at the time of this Agreement.
  5. Host has disclosed the existence of any default of foreclosure notices affecting the property as of the date of this agreement and further agrees to disclose any such notices received hereafter, within five days of the receipt of any such notices.
  6. GUEST HEREBY ACKNOWLEDGES THAT Air Concierge IS NOT A REAL ESTATE BROKER, AGENT, OR INSURER. Air Concierge HAS NO CONTROL OVER THE CONDUCT OF GUESTS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

Indemnification

Host agrees to defend, indemnify and hold harmless Air Concierge, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (“Indemnitees”) from and against all claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) the Host Services performed by Air Concierge under this Agreement other than those Air Concierge because of gross negligence or intentional misconduct by Air Concierge or any of its officers, agents, directors or employees; (2) any damage to or destruction of any property by Guests, any third party, or any terrorism, acts of nature, or acts of God; (3) any injury to or death of any person from any cause whatsoever; (3) any error of judgment by Indemnitees or any mistake of law or fact by Indemnitees; and (4) to the extent not covered by insurance, any alleged violation of any law (statutory, common or otherwise) pertaining to the actions contemplated by this Agreement, including but not limited to environmental protection, rent control, taxes, short-term rental, fair housing, or any other such laws.

Term and Termination

  1. Term. This Agreement is effective from the first date you use the Host Services and will continue until terminated by either party in accordance with this Agreement.
  2. Termination by Cancellation of Registration. The cancellation of your registration on the Site for any reason will automatically terminate this Agreement.
  3. Termination by Notice. Either party to this Agreement may elect to cancel or terminate this Agreement with or without cause by giving seven (7) days’ prior written notice to the other party. If no termination date is specified in the notice, this Agreement shall terminate as of the date which is seven (7) days after the notice is delivered.
  4. Upon Termination. Upon termination of this Agreement by Air Concierge, Air Concierge will cease providing any Host Services to the Host on the date of termination. Upon termination of this Agreement by Host, Air Concierge may continue providing Host Services to the Host for any stays that were booked on or prior to the date of Termination.

Miscellaneous

  1. Successors and Assigns. This Agreement shall benefit Air Concierge, its successors and any permitted assigns. This Agreement shall not be assignable by Host without the express Air Concierge, but may be freely transferred, assigned, or delegated by Air Concierge.
  2. Entire Agreement. This Agreement, and the Terms into which this Agreement is incorporated, set forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all other oral or written representations, marketing information and understandings.
  3. Waiver. If Host breaches any term of this Agreement and Air Concierge decides to take no action or neglects to do so, then Air Concierge will still be entitled to take action and enforce our rights and remedies for any other breach.
  4. Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
  5. Relationship of Parties. The parties are independent contractors under this Agreement and no other relationship is intended, including a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship. Neither party shall act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other party.
  6. Relationship of Parties. The parties are independent contractors under this Agreement and no other relationship is intended, including a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship. Neither party shall act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other party.
  7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
  8. Dispute Resolution. Air Concierge and Host agree to try in good faith to settle the dispute by voluntary mediation before resorting to court action or arbitration. In the event of a dispute between the parties concerning the terms of this Agreement, such dispute shall be resolved as set forth in the Terms.

Air Concierge - Guest Rules and Services Agreement

LAST MODIFIED: JULY 27, 2015

This Agreement is entered into between you (the “Guest”, “you” or “your”) and Air Concierge Inc., a California corporation (“Air Concierge”, “we”, “us” or “our”). This Agreement sets forth certain rules that you must follow in connection with your booking of an Accommodation from a Host (a “Booking”).This Agreement also sets forth certain services that we may provide you in connection with your booking of an Accommodation from a Host.

You acknowledge and agree that by using Air Concierge in connection with your Booking and accepting the terms hereof, you have read, understand and agree to comply with and be bound by the Air Concierge's Terms of Service (the “Terms”), as published from time to time at WWW.AIRCONCIERGE.NET, into which this Agreement is incorporated. Capitalized terms used in this Agreement but not defined herein have the meanings assigned to them in the Terms.

Guest Rules

Guests acknowledge and agree that the Host and Third Party Platform may require you to accept or otherwise agree to terms of service and other agreements in connection with your Booking. In addition to those agreements, Guests must comply with our Guest Rules in connection with a Booking. If there is conflict or discrepancy between any agreement with the Host or a Third Party Platform and these Guest Rules, the Guest Rules will supersede to the extent of such conflict or discrepancy.

You agree to comply with all applicable laws and regulations, and that you will not breach any agreements you have entered into with any third parties, such as Hosts and Third Party Platforms.

Booking Summary

You have received a Booking Summary as a result of your Booking of an Accommodation from a Host that uses the Site. The Host is also subject to the Host Services Agreement, which is part of the Terms.

  1. You and the Host have separately entered into an agreement, under which the Host has issued you a license to occupy the Accommodation during the agreed period (“Booking Period”) set out in the Booking Summary. YOU HAVE NOT ENTERED INTO A LEASE. THE LICENSE DOES NOT CONVEY ANY PROPERTY RIGHTS OR INTEREST IN REAL ESTATE AND YOU ARE NOT A TENANT OF THE ACCOMMODATION. YOU HAVE NOT BEEN GRANTED EXCLUSIVE POSSESSION OF THE ACCOMMODATION. This means that you have no right to stay in the Accommodation or to otherwise use or occupy all or any part of such Accommodation after the term set forth in your Booking Summary and have no rights to renewal or recurring usage.
  2. Air Concierge is not an agent of either the Host or the Guest.
  3. You cannot make any changes to the Accommodation nor can you move or remove any furnishings or other items in or on the Accommodation.
  4. You agree to abide by any rules and restrictions placed on the Accommodation by the Host or Air Concierge (“House Rules”), which may be modified or supplemented at any time in accordance with this Agreement and the Terms. By refraining from terminating this Agreement and your Booking after modification, Guest agrees to be bound by any such rules and restrictions.
  5. The Booking Summary and House Rules may set forth certain restrictions, including without limitation the maximum number of occupants allowed during your use of the Accommodation, any areas of the Accommodation or items in or on the Accommodation that have been designated “no access” , noise restrictions, or limitations on pets, smoking or other activities at, on or from the Accommodation. Your license to occupy the Accommodation will be subject to immediate termination if you or any parties that occupy the Accommodation during the term of your stay violate any terms of this Agreement, the Guest Rules or any other agreement between you and the Host or Air Concierge.

Booking and Cancellation

  1. The Booking Summary which you have accepted is not a booking confirmation. The Accommodation will be booked for the Booking Period set forth in the Booking Summary upon your receipt of a confirmation of Booking (“Confirmation of Booking”). The Host is not obliged to make the Accommodation available until such time as the Confirmation of Booking has been sent to you by email.
  2. Unless otherwise specified in the Confirmation of Booking the following cancellation policy will apply. If you cancel 45 days or more before the commencement of the Booking Period you will receive a full refund. If you cancel a booking more than 7 days prior to commencement of the Booking Period then you will be responsible for 50% of the full accommodation fees as set out in the Confirmation of Booking (“Accommodation Fees”) for the entirety of the Booking Period and you will be charged such sums to the credit or debit card which you supplied when making the Booking.
  3. If you cancel a booking 7 days or less prior to the commencement of the Booking Period then you will be responsible for the full Accommodation Fees for the entirety of the Booking Period and you will be charged such sums to the credit or debit card which you supplied when making the Booking.
  4. In extenuating circumstances the Host may approve a full refund.
  5. The Host has the right to cancel a booking at any time. Under the circumstance that the host cancels your reservation you may contact Air Concierge to see if they can assist, however the Host is solely responsible for arranging for suitable alternative accommodations during the Booking Period (which will, if possible, be of comparable quality and character and may be a 4 star hotel within 2 miles of the location of the Accommodation). In the event Air Concierge is unable to assist in finding suitable alternative accommodations during the Booking Period, Air Concierge will assist you obtaining a full refund. Air Concierge shall have no responsibility or liability as a result of a cancellation of a booking.
  6. It is a condition of your Booking that all of the House Rules are complied with in full by both parties. Any failure by either you or Host to comply with the House Rules including any failure to allow Air Concierge to supply services will permit the other party to terminate your Booking and this Agreement without liability (and without prejudice to any other rights and remedies pursuant to this Agreement).
  7. In the event that the Accommodation becomes unavailable for the whole or any part of the Booking Period and you do not accept a suitable alternative accommodation which is offered to you, then you are entitled to cancel the Booking, and the pre-payment will be refunded to you, but neither the Host nor Air Concierge will be liable to you for any further amounts in respect of the cancellation of the Booking.

Fees and Charges

  1. You agree to pay the Accommodation Fees as set out in the Booking Summary without deduction or offset. You also agree to pay the cost of any damage to the Accommodation or its contents and to pay any fees, costs and expenses incurred by the Host or Air Concierge as a result of your failure to vacate the Accommodation on a timely basis at the end of your Booking Period, including, without limitation, as a result of loss of a subsequent booking for the Accommodation for the period following your Booking Period.
  2. The Accommodation Fees set out in the Confirmation of Booking will include the fees payable with respect to the Accommodation only and all taxes payable with respect thereto. No additional concierge or other services which you book through Air Concierge are included.
  3. By accepting these terms you agree to pay the Accommodation Fees in full and the Host or Third Party Platform will collect such amount as set forth in the Booking Summary by charging your provided credit or debit card. You acknowledge and agree that the Host may authorize Air Concierge to collect and remit Accommodation Fees and other fees and charges paid by you in connection with your stay at an Accommodation. Air Concierge may also charge you fees for certain services provided by Air Concierge as agreed by you under this Agreement.
  4. Your prepayment will be collected and paid as set forth above under Booking and Cancellation. On commencement of the Booking Period, the remainder of the Accommodation Fees (if any) will be taken by check-in staff provided by Air Concierge or will be automatically charged to your credit or debit card. If you fail to check-in to an Accommodation on the date of commencement of your booking, then for the avoidance of doubt you will be responsible for payment of the entire Accommodation Fees for the booking (and all taxes due with respect thereto) and you will be charged such sums to the credit or debit card which you supplied when making the Booking.
  5. In addition to the fees and charges for the Accommodation, all applicable governmental authorities all taxes applicable to your purchase of the Booking from the Host and use and occupancy of the Accommodation may be collected and remitted. Air Concierge is not responsible for any taxes as a result of any Accommodation.

Credit Card Authorization

When you commence your stay at the Accommodation, you will have to provide a pre-authorize amount from a credit or debit card account supplied by you (which may be different from the card/account you supplied when booking) and the Host will be entitled to make charges against this credit or debit card in the event of any damage to the Accommodation or its contents, or in the event of late check-out or overstaying.

Check-In / Check-Out

The check-in and check-out time at the Accommodation is as stated in the Booking Summary. Unless your Host has agreed to a late check-out as part of your Booking Summary or has expressly agreed in writing to an extension or a further period of occupancy which has been confirmed by a subsequent Confirmation of Booking, then you will be responsible for a full day’s Accommodation Fee for any overstaying past the check-out time on the day of your departure. If you overstay by more than 2 hours then Host reserves the right to enter, or cause Air Conciergeor other authorized agent to enter, the Accommodation, remove your belongings, change the locks to the Accommodation and take such further action as may be necessary or appropriate (and you will be charged for the costs of any such action which will be charged against the debit or credit card account that you provided at check-in). In addition, you will be responsible for an additional fee equivalent to 150% of the effective daily rate of your stay for each day (or part thereof) that you overstay, as well as any other damages, fees, costs or expenses incurred by the Host or Air Concierge , including without limitation, as a result of loss of a subsequent booking for the Accommodation or finding alternative accommodations for any subsequent guest who had a booking for the Accommodation for all or any part of the time that you overstayed.

Safety and Conduct

  1. You have primary responsibility for your own safety and for the safety of anyone that you allow on to the Accommodation during your stay. You must read any fire or health & safety guidance which is provided to you and listen to any instructions or explanations which are provided. It is your responsibility to bring any concerns regarding the Accommodation to the attention of the Air Concierge and to ask any questions that you may have if you do not understand any of the guidance or instructions provided.
  2. If you become aware of anything during your stay which you believe is a health & safety risk, you must inform Air Concierge immediately. Your Host and Air Concierge will have access to the Accommodation at all times during your stay to address any such issues.
  3. You must comply with the Terms, this Agreement and you must also comply with any building regulations and House Rules and any reasonable directions of the Host or Air Concierge .
  4. You may not allow any person other than the person named in the Booking Summary to occupy the Accommodation at any time, except such number of additional guests as may be specified in the Booking Summary. This agreement is personal to you and may not be transferred to any other person. The Host will not allow any person other than the persons named in the Booking Summary to access or occupy the Accommodation.
  5. The Booking Summary may specify the maximum permitted number of guests who are authorized to stay in the Accommodation. If you allow more than the maximum number of people to occupy or stay in the Accommodation, you will be liable to pay a supplement of up to 100% of your effective daily rate in respect of each unauthorized guest and the booking may be terminated immediately.
  6. In addition to complying with the Terms, this Agreement and the House Rules and all reasonable directions you also agree that you will:
    1. keep the Accommodation clean, tidy and clear of trash and leave the Accommodation in the same condition as you find it;
    2. not keep or take any pets or animals into the Accommodation (unless otherwise agreed with us and specified as pet-friendly in the Booking Summary);
    3. not do anything that will or might constitute a breach of any consents in relation to the Accommodation or which will or might be in breach (in whole or in part) of any insurance in effect with respect of the Accommodation from time to time;
    4. if the Accommodation is part of a building or complex with common areas, not obstruct or leave any objects or waste in any common areas;
    5. not leave any obstruction outside of the Accommodation;
    6. not do or permit to be done on the Accommodation anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Host or to tenants or occupiers of the building or any owner or occupier of neighboring property including (but not limited to) playing loud music or musical instruments, dancing, entertaining at the Accommodation or moving furniture;
    7. not conduct any illegal activity from the Accommodation;
    8. not conduct any business or commercial activity whatsoever from the Accommodation;
    9. not make any alteration or addition whatsoever to the Accommodation or its contents;
    10. not use the Accommodation for any purpose other than for personal accommodation; and
    11. not invade the privacy of the Host or publish or reveal anything which might allow a third party to identify the address of the property or the identity of the Host or any personal information regarding the Host or the Accommodation (even if such information is already in the public domain).
  7. You acknowledge that the Accommodation is a home and you agree not to access any cupboard or drawers which have been sealed with tamper tape. You may be subject to a charge for any breach of any tamper tape.
  8. You hereby indemnify the Host and Air Conciergein respect of any and all costs, claims, damages, liabilities, and expenses, including, without limitation, reasonable attorneys’ fees and costs) suffered or incurred by the Host or any of the foregoing parties arising out of or relating to a breach by you of this Agreement, including, without limitation this paragraph. In the event of breach, your membership in Air Conciergemay be terminated in accordance with the Terms and this Agreement.

Property Damage

  1. A written or video inventory will have been taken prior to the commencement of your stay. You must notify Air Conciergeof any damage to the Accommodation, contents, fixtures or fittings which occurs during your stay, even if you regard the damage as minimal or normal wear and tear or if you do not believe the damage is your fault.
  2. If you do not notify your Air Conciergeof any such damage you will be fully responsible for such damage on a full replacement cost basis.
  3. If you do declare any damage, then you are responsible for full replacement cost, but the first US$8 per night of such damage will not be charged to you.
  4. You have authorized Air Conciergeto charge any property damage for which you are responsible to the credit or debit card account supplied by you. Any charges for property damage will be charged to such credit or debit card account which you have supplied. You acknowledge that pursuant to the provisions of this Agreement relating to Credit Card Authorization above, Air Concierge has obtained a pre-authorization for such charges as noted above.

Liability and Claims

  1. Any claims made by you under this agreement must be made initially through Air Concierge and in accordance with the Terms. If you notify Air Concierge within 14 days after making such a claim through Air Concierge that, in your opinion, the dispute has not been satisfactorily resolved, then Air Concierge is authorized to provide you with the Host’s details so that you may thereafter pursue the claim directly with the Host.
  2. The Host will not have any liability for any business, financial or economic loss or for any consequential, incidental, special or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of this agreement, the Accommodation or the booking (whether such loss arises as a result of negligence, breach of contract, tort or otherwise by the Host or any agent or third party providing services on behalf of the Host). The limitation of liability in favor of Air Concierge in the Terms applies hereto.
  3. Subject to any exceptions set forth in applicable law, the Host’s liability for all losses (including, without limitation for property damage, personal injury and death and whether such claim arises out of breach of contract, tort, negligence or otherwise) will be limited to the cost of obtaining a replacement accommodation for the agreed Booking Period or the amount of the Accommodation Fees and charges payable by you, whichever is the higher amount. The Accommodation is a private residence and Hosts are not responsible for any accidents, injuries or illness that occurs on the Accommodation or for any loss of personal belongings or valuables of the Guest. You are responsible for obtaining any vacation, travel or rental insurance which you believe is appropriate with respect to your stay at the Accommodation.
  4. Nothing in this clause limits or excludes the liability of the Host for death or personal injury arising as a result of their gross negligence or willful misconduct or the gross negligence of willful misconduct of the Host, Air Concierge and their respective agents or employees.
  5. You agree to indemnify and hold Host and Air Concierge harmless from any and all liability, claims, loss, property damage or expenses arising by reason of any injury, death or damages sustained by any person, or to the property of any person, including you or the Host or any visitors or invitees whom you permit to enter the Accommodation or the premises of which the Accommodation is a part, where such injury death or damage is caused by your negligent or intentional act or omission, or by any such visitors or invitees.
  6. If Host or Air Concierge is required to engage any attorney to enforce the conditions of this Agreement, the Terms or the House Rules, to collect any amounts due, to remove you or your belongings from the Accommodation, Guest shall be responsible for all reasonable attorneys’ fees and costs incurred in connection with the foregoing,

General

  1. You agree that you have the power to enter into this agreement.
  2. You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you owe to the Host against any amounts that that may be owed to you.
  3. The Host will be entitled to assign or sub-contract their obligations under this Agreement.
  4. The Host will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any cause beyond their reasonable control such as severe weather, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war and civil unrest or similar occurrences.
  5. This Agreement represents the entire agreement between the parties hereto and supersedes any previous marketing information, representations or agreements of any kind or nature between the parties relating to the subject matter hereof and whether recorded in writing, or otherwise.
  6. The parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.
  7. These conditions are governed by and construed in accordance with the laws of the State of California. You agree to submit to the exclusive jurisdiction of the courts of the state of California and the federal courts situated in the State of California for all disputes between Host and Guest arising out of this Agreement or the Accommodation.
  8. If you breach these terms and conditions and the Host decides to take no action or fails to take action on a timely basis, the foregoing shall not be deemed a waiver by the Host of the Host’s rights hereunder and the Host will still be entitled to take action and enforce their rights and remedies for any other breach.
  9. Air Concierge is a third party beneficiary of this Agreement and may rely upon this Agreement and enforce this Agreement to the extent necessary to enforce their respective rights and perform their respective obligations under the Terms and any agreements between the Guest and such parties.

Insurance.

10.1 Vacation Rental Damage Protection. As a part of your stay, you may purchase a Vacation Rental Damage Protection plan designed to cover unintentional damages to the rental unit interior that occur during your stay provided they are disclosed to management prior to check-out. If purchased, the policy will pay a maximum benefit up to the [policy limit] shown on the confirmation.  Any damages that exceed the [policy limit] or are not covered under the plan will be charged to the credit card on file. If, during your stay at one of our rental properties, an insured person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of the policy limit.  Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy www.vacationrentalinsurance.com/g20vrd. The Vacation Rental Damage plan can be purchased up to, and including at, check-in. By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to pay directly [Air Concierge Inc.] any amount payable under the terms and conditions of the Vacation Rental Damage. Please contact Air Concierge Inc. directly if you do not wish to participate in this assignment.

 

10.2 Vacation Rental Insurance.  has  been made available with your reservation. Vacation Rental Insurance provides coverage for prepaid, nonrefundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. We strongly recommend you purchase this valuable protection. Separate terms and conditions apply, read your Description of Coverage/Policy carefully and contact CSA at (866) 999-4018 with coverage questions.

Host and Guest Services

Air Concierge may offer certain goods and services to Guests with respect to a Booking that are included in the Booking (“Host Services”) and goods and services that are separate and distinct from the Booking and any agreement that Guest may have with the Host or Third Party Platform (“Guest Services”). This Agreement sets forth the terms and conditions of the Guest Services.

Air Concierge is not an agent of the Host or you, we are not booking agent or hosting platform and we are not a real estate broker, real estate agent, property manager, travel agent, travel seller or reseller or travel promoter. We do not have authority to form a binding agreement between you and the Host for the Booking of an Accommodation. We are solely responsible for the Host Services and Guest Services we provide, subject to the Terms, into which this Agreement is incorporated.

In accordance with the Terms, you will contract directly with a Host for the use and occupancy of the Accommodation, principally through a Third Party Platform. We are not responsible for any element of the Accommodation or any part of your agreement with the Host.

As set forth in the Terms, Air Concierge serves the right, at its sole discretion, to modify, discontinue or terminate any Host or Guest Services, at any time and without prior notice. By continuing to use Host or Guest Services after modification, you are indicating that you agree to be bound by the modified terms of this Agreement. If the modified terms of this Agreement are not acceptable to you, your only recourse is to cease using the Site and Host and Guest Services.

Host Services

Air Concierge provides Host Services in connection with Bookings under the Host Services Agreement. We provide Host Services to and on behalf of Hosts and some of these services may be provided directly to you as set forth below. You must accept the receipt of Host Services as part of your Booking. The cost of Host Services is included in the Accommodation Fee set forth in your Booking Summary and will be paid by the Host.

The following are Host Services that may be provided to you:

  1. Welcome to the Accommodation and key hand over;
  2. Cleaning of the accommodation before and during the stay;
  3. Helpdesk services for inquiries regarding the Accommodation (which is separate from the concierge Guest Service set forth below);
  4. Housekeeping (changing of linens); and
  5. Check-out and collection of keys.

Guest acknowledges and agrees that Air Concierge may provide the Host Services through one or more third party vendors in its sole discretion. Air Concierge agrees to provide the Host Services in a timely and professional manner in accordance with this Agreement, but Air Concierge makes no warranties of any kind, express or implied, with respect to the Host Services to be provided hereunder. This Agreement is subject to the limitations of liability set forth in the Terms.

Guest Services

We may offer you Guest Services set forth below from time to time in accordance with this Agreement.

The following are Guest Services that we may offer you and for which an additional charge will be payable as set out below:

  1. Concierge services (advice on the area, booking of third party events, reservations etc.);
  2. Equipment hire (hire of audio visual equipment, tablets etc.);
  3. Food ordering;
  4. Stocking of refrigerator;
  5. Any other services requested by a Guest which we agree to provide from time to time.

Guest acknowledges and agrees that Air Concierge may provide the Guest Services through one or more third party vendors in its sole discretion. Air Concierge agrees to provide the Guest Services in a timely and professional manner in accordance with this Agreement, but Air Concierge makes no warranties of any kind, express or implied, with respect to the Guest Services to be provided hereunder. This Agreement is subject to the limitations of liability set forth in the Terms.

Fees

[If you agree to accept any Guest Services from us, we will provide you with a preliminary invoice of fees for the Guest Services for your approval.] You agree to promptly pay to us all preliminary fees for Guest Services as set forth on the preliminary invoice. We reserve the right to request payment in advance of providing any Guest Services.

Guest hereby agrees to provide and maintain a current credit card or bank account information with Air Concierge . Guest hereby authorizes Air Concierge to charge Guest’s credit card or bank account for any amounts owed by Guest to Air Concierge under this Agreement.

If you elect to accept Guest Services at the time of the Booking, we may provide the preliminary invoice and collect any applicable fees from you at the same time as the Accommodation Fees are collected from you by the Host or Third Party Platform. By entering into this Agreement you irrevocably agree that any such preliminary charges can be paid to us by the Host or a Third Party Platform without further approval or authorization by you.

You acknowledge and agree that we, the Host or the Third Party Platform may pre-authorize your credit or debit card at any time for the fees and costs associated with the Guest Services you have booked or may choose to book during your stay. Guest Services purchased after you have booked your stay will either be added to your account and collected from you when the Accommodation Fees are collected or, if you book Guest Services after pre-payment has been taken we will collect payment either during your stay or on your departure from the Accommodation. You will receive a final invoice for your stay, including all charges incurred with respect to the Guest Services.

You understand that all prices charged to you for items subject to sales or use tax under applicable federal, state and local laws will include a charge for tax remittance and you hereby authorize us, the Host or the Third Party Platform to charge your credit or debit card for such amounts in addition to the cost of any taxable goods or services provided to you during your stay. You also understand that the jurisdiction in which an Accommodation is located may charge an occupancy tax on the amount paid by a Guest for the use and occupancy of such property, and you hereby authorize us, the Host or the Third Party Platform to charge your credit or debit card for such amounts in addition to the amount paid for the Booking.

If you book any Guest Services more than fourteen days before the start of your stay, you can cancel the Guest Services no questions asked within six (6) hours of booking such services, and we will refund 50% of any charges. If you cancel any Guest Services at least four (4) weeks before your stay, we will refund 80% of any charges. If you cancel within fourteen days before the start of your stay, we will not refund any charges.

You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you owe to us, the Host or the Third Party Platform against any amounts that may be owed by you.

Third Party Services

As part of our Guest Services we may book or order Guest Services from third party suppliers or vendors. This will apply to any ticketed events you wish to attend, restaurant bookings or other goods or services ordered through our concierge service. Airport transfers, food orders, affiliate memberships and nanny or babysitting Services are also supplied by third parties.

Any booking we arrange for you with a third party will be subject to that party’s terms and conditions of business as well as our Terms and this Agreement. You will be liable to pay the costs of any third party provided Guest Services and we will not be responsible for any failure on the part or that third party to adequately supply the Guest Service.

Additional Terms for Guest Services

  1. Equipment Hire. Where you have hired equipment from us you must return the items to us in the same state in which they were supplied to you in. You will be liable for the costs of any damage to equipment which has been hired by you. Equipment is subject to availability. On hiring equipment for you we may charge, or direct the Host or Third Party Platform to pre-authorize any such credit or debit card for an amount to cover the cost of any damage to the equipment. Except where otherwise noted please leave any items hired by you at the Accommodation when you leave.
  2. Ticketed Events. In certain circumstances we may agree to try to secure a ticket for you at a theatre, music or sporting event. While we will use our reasonable commercial efforts to secure a ticket for the event it may be difficult to obtain tickets where the event is sold out, over-subscribed or in high demand. We do not guarantee that we will be able to obtain tickets to any event. Any tickets will be subject to the terms and conditions of the ticket agent and the venue.
  3. Helpline and General Requests. We offer a general concierge helpline which may be able to assist with specific requests and may also be your first point of call for booking restaurants, ticketed events, refrigerator stocking, or equipment during your stay.

Term and Termination

  1. Term. This Agreement is effective from the first date you use the Site.
  2. Termination.This contract is specific and exclusive to members of Air Concierge . If your membership in Air Concierge is terminated for any reason whatsoever, this Agreement shall be terminated.

Liability

You acknowledge and agree that we are not liable for the provision of goods or services by third parties nor will we be liable if any goods or services requested by you are unavailable during your stay. We will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control such as shortages, unavailability, overbooking, severe weather, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war, civil unrest or other similar circumstances.

This Agreement is subject to the limitations of liability set forth in the Terms.

Indemnification

Guest agrees to defend, indemnify and hold harmless Air Concierge , its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (“Indemnitees”) from and against all claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) the Guest Services performed by Air Concierge under this Agreement other than those arising because of gross negligence or intentional misconduct by Air Concierge or any of its officers, agents, directors or employees; (2) any damage to or destruction of any property by Guests, any third party, or any terrorism, acts of nature, or acts of God; (3) any injury to or death of any person from any cause whatsoever; and (3) any error of judgment by Indemnitees or any mistake of law or fact by Indemnitees.

Miscellaneous

  1. Successors and Assigns. This Agreement shall benefit Air Concierge, its successors and any permitted assigns. This Agreement shall not be assignable by Host without the express written consent of Air Concierge, but may be freely transferred, assigned, or delegated by Air Concierge.
  2. Entire Agreement. This Agreement, and the Terms into which this Agreement is incorporated, set forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all other oral or written representations, marketing information and understandings.
  3. Waiver. If Guest breaches any term of this Agreement and Air Concierge decides to take no action or neglects to do so, then Air Concierge will still be entitled to take action and enforce our rights and remedies for any other breach.
  4. Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
  5. Relationship of Parties. The parties are independent contractors under this Agreement and no other relationship is intended, including a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship. Neither party shall act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other party.
  6. Notice.All notices and other communications under this Agreement shall be provided as set forth in the Terms.
  7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
  8. Dispute Resolution. Air Concierge and Guest agree to try in good faith to settle the dispute by voluntary mediation before resorting to court action or arbitration. In the event of a dispute between the parties concerning the terms of this Agreement, such dispute shall be resolved as set forth in the Terms.

 

 

THE FOLLOWING INFORMATION SHALL APPLY TO THE AIRCONCIERGE.NET WEBSITE, AND FULL TERM MANAGEMENT SERVICES. 

Collection of your Personal Information  

Airconcierge.net is a communications platform for enabling connections between Users. Air Concierge sometimes does not take part in the interaction between Users. Air  Concierge does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Services provided by Air Concierge Service Requesters, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. Airconcierge does not have control over the quality, timing or legality of Services delivered by its Airconcierge Service Professionals. Airconcierge makes no representations about the suitability, reliability, timeliness, or accuracy of the Services requested and provided by Users identified through the Service whether in public, private, or offline interactions. Although Airconcierge.net does perform background checks of Airconcierge Service Professionals, Airconcierge.net cannot confirm that each User is who they claim to be. Airconcierge.net does not assume any responsibility for the accuracy or reliability of this information or any information on the Service. Airconcierge.net is a communications platform for enabling connections between Users. Airconcierge.net does not take part in the interaction between Users. Airconcierge.net does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Services provided by Airconcierge Service Requesters, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. Airconcierge.net does not have control over the quality, timing or legality of Services delivered by its Airconcierge Service Professionals. Airconcierge.net makes no representations about the suitability, reliability, timeliness, or accuracy of the Services requested and provided by Users identified through the Service whether in public, private, or offline interactions. Although Airconcierge.net does perform background checks of Airconcierge Service Professionals, Airconcierge.net cannot confirm that each User is who they claim to be. Airconcierge.net does not assume any responsibility for the accuracy or reliability of this information or any information on the Service.

Registration is not required in order to use this site. However, this site may provide comments, polls, submission forms, etc. to its users. You may be required to register for these features. If you do register, and in the process provide us with personally identifiable information, no information will be shared with any third-party organization except with your express consent. If you post comments or articles on the site, any personally identifiable information you provide in those comments or articles will be public. As such, we are not responsible for personally identifiable information that you may choose to share through these channels.

We also provide visitors the opportunity to sign up to receive communications from us. In this case, we ask the visitor for personally identifiable information. Depending on what the visitor opts-in for, these communications will include some or all of the following: daily or weekly newsletters, company updates, and/or other relevant promotions. You may opt out of receiving any, or all, of these communications by clicking on the “unsubscribe” link in any email we send, or by replying to any email stating you’d like to removed from our list.

If you provide us with personally identifiable information for the purposes of receiving these communications, this information will not be shared with any third-party organization except with your express consent. If your personally identifiable information changes, or if you no longer wish us to possess your information, you can request correction, updating, or deletion of your information by emailing us at info@airconcierge.net

 

NEITHER AIRCONCIERGE NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE.

AIRCONCIERGE AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE. 



air concierge - Guest Rules and Services Agreement

LAST MODIFIED: MARCH 31, 2016

This Agreement is entered into between you (the “Guest”, “you” or “your”) and Air Concierge Inc., a California corporation (“Air Concierge”, “we”, “us” or “our”). This Agreement sets forth certain rules that you must follow in connection with your booking of an Accommodation from a Host (a “Booking”).This Agreement also sets forth certain services that we may provide you in connection with your booking of an Accommodation from a Host.

You acknowledge and agree that by using Air Concierge in connection with your Booking and accepting the terms hereof, you have read, understand and agree to comply with and be bound by the Air Concierge’s Terms of Service (the “Terms”), as published from time to time at WWW.AIR CONCIERGE.NET, into which this Agreement is incorporated. Capitalized terms used in this Agreement but not defined herein have the meanings assigned to them in the Terms.

Guest Rules

Guests acknowledge and agree that the Host and Third Party Platform may require you to accept or otherwise agree to terms of service and other agreements in connection with your Booking. In addition to those agreements, Guests must comply with our Guest Rules in connection with a Booking. If there is conflict or discrepancy between any agreement with the Host or a Third Party Platform and these Guest Rules, the Guest Rules will supersede to the extent of such conflict or discrepancy.

You agree to comply with all applicable laws and regulations, and that you will not breach any agreements you have entered into with any third parties, such as Hosts and Third Party Platforms.

Booking Summary

You have received a Booking Summary as a result of your Booking of an Accommodation from a Host that uses the Site. The Host is also subject to the Host Services Agreement, which is part of the Terms.

  1. You and the Host have separately entered into an agreement, under which the Host has issued you a license to occupy the Accommodation during the agreed period (“Booking Period”) set out in the Booking Summary. YOU HAVE NOT ENTERED INTO A LEASE. THE LICENSE DOES NOT CONVEY ANY PROPERTY RIGHTS OR INTEREST IN REAL ESTATE AND YOU ARE NOT A TENANT OF THE ACCOMMODATION. YOU HAVE NOT BEEN GRANTED EXCLUSIVE POSSESSION OF THE ACCOMMODATION. This means that you have no right to stay in the Accommodation or to otherwise use or occupy all or any part of such Accommodation after the term set forth in your Booking Summary and have no rights to renewal or recurring usage.
  2. Air Concierge is not an agent of either the Host or the Guest.
  3. You cannot make any changes to the Accommodation nor can you move or remove any furnishings or other items in or on the Accommodation.
  4. You agree to abide by any rules and restrictions placed on the Accommodation by the Host or Air Concierge (“House Rules”), which may be modified or supplemented at any time in accordance with this Agreement and the Terms. By refraining from terminating this Agreement and your Booking after modification, Guest agrees to be bound by any such rules and restrictions.
  5. The Booking Summary and House Rules may set forth certain restrictions, including without limitation the maximum number of occupants allowed during your use of the Accommodation, any areas of the Accommodation or items in or on the Accommodation that have been designated “no access” , noise restrictions, or limitations on pets, smoking or other activities at, on or from the Accommodation. Your license to occupy the Accommodation will be subject to immediate termination if you or any parties that occupy the Accommodation during the term of your stay violate any terms of this Agreement, the Guest Rules or any other agreement between you and the Host or Air Concierge.

Booking and Cancellation

  1. The Booking Summary which you have accepted is not a booking confirmation. The Accommodation will be booked for the Booking Period set forth in the Booking Summary upon your receipt of a confirmation of Booking (“Confirmation of Booking”). The Host is not obliged to make the Accommodation available until such time as the Confirmation of Booking has been sent to you by email.
  2. Unless otherwise specified in the Confirmation of Booking the following cancellation policy will apply: for any booking cancelled 30 full days prior to listing’s local checkin time on the day of checkin, Air Concierge will refund 50% of the accommodation fees. If you cancel a booking 7 days or less prior to the commencement of the Booking Period then you will be responsible for the full Accommodation Fees for the entirety of the Booking Period and you will be charged such sums to the credit or debit card which you supplied when making the Booking. Cancellations due to extenuating circumstances the Host may approve a refund of greater than 50% of the full listing price. The Guest is responsible for all fees associated with their cancellation to the Host, Air Concierge, and the booking platform. In the event a refund within the 7 day window occurs, Air Concierge charges its fee on the entirety of the reservation fees. If you cancel a booking more than 7 days prior to commencement of the Booking Period then you will be responsible for 50% of the full accommodation fees as set out in the Confirmation of Booking (“Accommodation Fees”) for the entirety of the Booking Period and you will be charged such sums to the credit or debit card which you supplied when making the Booking.
  3. The Host has the right to cancel a booking at any time. Under the circumstance that the host cancels your reservation you may contact Air Concierge to see if they can assist, however the Host is solely responsible for arranging for suitable alternative accommodations during the Booking Period (which will, if possible, be of comparable quality and character and may be a 4 star hotel within 2 miles of the location of the Accommodation). In the event Air Concierge is unable to assist in finding suitable alternative accommodations during the Booking Period, Air Concierge will assist you obtaining a full refund. Air Concierge shall have no responsibility or liability as a result of a cancellation of a booking.
  4. It is a condition of your Booking that all of the House Rules are complied with in full by both parties. Any failure by either you or Host to comply with the House Rules including any failure to allow Air Concierge to supply services will permit the other party to terminate your Booking and this Agreement without liability (and without prejudice to any other rights and remedies pursuant to this Agreement).
  5. In the event that the Accommodation becomes unavailable for the whole or any part of the Booking Period and you do not accept a suitable alternative accommodation which is offered to you, then you are entitled to cancel the Booking, and the pre-payment will be refunded to you, but neither the Host nor Air Concierge will be liable to you for any further amounts in respect of the cancellation of the Booking.

Fees and Charges

  1. You agree to pay the Accommodation Fees as set out in the Booking Summary without deduction or offset. You also agree to pay the cost of any damage to the Accommodation or its contents and to pay any fees, costs and expenses incurred by the Host or Air Concierge as a result of your failure to vacate the Accommodation on a timely basis at the end of your Booking Period, including, without limitation, as a result of loss of a subsequent booking for the Accommodation for the period following your Booking Period.
  2. The Accommodation Fees set out in the Confirmation of Booking will include the fees payable with respect to the Accommodation only and all taxes payable with respect thereto. No additional concierge or other services which you book through Air Concierge are included.
  3. By accepting these terms you agree to pay the Accommodation Fees in full and the Host or Third Party Platform will collect such amount as set forth in the Booking Summary by charging your provided credit or debit card. You acknowledge and agree that the Host may authorize Air Concierge to collect and remit Accommodation Fees and other fees and charges paid by you in connection with your stay at an Accommodation. Air Concierge may also charge you fees for certain services provided by Air Concierge as agreed by you under this Agreement.
  4. Your prepayment will be collected and paid as set forth above under Booking and Cancellation. On commencement of the Booking Period, the remainder of the Accommodation Fees (if any) will be taken by check-in staff provided by Air Concierge or will be automatically charged to your credit or debit card. If you fail to check-in to an Accommodation on the date of commencement of your booking, then for the avoidance of doubt you will be responsible for payment of the entire Accommodation Fees for the booking (and all taxes due with respect thereto) and you will be charged such sums to the credit or debit card which you supplied when making the Booking.
  5. In addition to the fees and charges for the Accommodation, all applicable governmental authorities all taxes applicable to your purchase of the Booking from the Host and use and occupancy of the Accommodation may be collected and remitted. Air Concierge is not responsible for any taxes as a result of any Accommodation.

Credit Card Authorization

When you commence your stay at the Accommodation, you will have to provide a pre-authorize amount from a credit or debit card account supplied by you (which may be different from the card/account you supplied when booking) and the Host will be entitled to make charges against this credit or debit card in the event of any damage to the Accommodation or its contents, or in the event of late check-out or overstaying.

Check-In / Check-Out

The check-in and check-out time at the Accommodation is as stated in the Booking Summary. Unless your Host has agreed to a late check-out as part of your Booking Summary or has expressly agreed in writing to an extension or a further period of occupancy which has been confirmed by a subsequent Confirmation of Booking, then you will be responsible for a full day’s Accommodation Fee for any overstaying past the check-out time on the day of your departure. If you overstay by more than 1 hour then Host reserves the right to enter, or cause Air Concierge or other authorized agent to enter, the Accommodation, remove your belongings, change the locks to the Accommodation and take such further action as may be necessary or appropriate (and you will be charged for the costs of any such action which will be charged against the debit or credit card account that you provided at check-in). In addition, you will be responsible for an additional fee equivalent to 150% of the effective daily rate of your stay for each day (or part thereof) that you overstay, as well as any other damages, fees, costs or expenses incurred by the Host or Air Concierge, including without limitation, as a result of loss of a subsequent booking for the Accommodation or finding alternative accommodations for any subsequent guest who had a booking for the Accommodation for all or any part of the time that you overstayed.

Safety and Conduct

  1. You have primary responsibility for your own safety and for the safety of anyone that you allow on to the Accommodation during your stay. You must read any fire or health & safety guidance which is provided to you and listen to any instructions or explanations which are provided. It is your responsibility to bring any concerns regarding the Accommodation to the attention of the Air Concierge and to ask any questions that you may have if you do not understand any of the guidance or instructions provided.
  2. If you become aware of anything during your stay which you believe is a health & safety risk, you must inform Air Concierge immediately. Your Host and Air Concierge will have access to the Accommodation at all times during your stay to address any such issues.
  3. You must comply with the Terms, this Agreement and you must also comply with any building regulations and House Rules and any reasonable directions of the Host or Air Concierge.
  4. You may not allow any person other than the person named in the Booking Summary to occupy the Accommodation at any time, except such number of additional guests as may be specified in the Booking Summary. This agreement is personal to you and may not be transferred to any other person. The Host will not allow any person other than the persons named in the Booking Summary to access or occupy the Accommodation.
  5. The Booking Summary may specify the maximum permitted number of guests who are authorized to stay in the Accommodation. If you allow more than the maximum number of people to occupy or stay in the Accommodation, you will be liable to pay a supplement of up to 100% of your effective daily rate in respect of each unauthorized guest and the booking may be terminated immediately.
  6. In addition to complying with the Terms, this Agreement and the House Rules and all reasonable directions you also agree that you will:
    1. keep the Accommodation clean, tidy and clear of trash and leave the Accommodation in the same condition as you find it;
    2. not keep or take any pets or animals into the Accommodation (unless otherwise agreed with us and specified as pet-friendly in the Booking Summary);
    3. not do anything that will or might constitute a breach of any consents in relation to the Accommodation or which will or might be in breach (in whole or in part) of any insurance in effect with respect of the Accommodation from time to time;
    4. if the Accommodation is part of a building or complex with common areas, not obstruct or leave any objects or waste in any common areas;
    5. not leave any obstruction outside of the Accommodation;
    6. not do or permit to be done on the Accommodation anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Host or to tenants or occupiers of the building or any owner or occupier of neighboring property including (but not limited to) playing loud music or musical instruments, dancing, entertaining at the Accommodation or moving furniture;
    7. not conduct any illegal activity from the Accommodation;
    8. not conduct any business or commercial activity whatsoever from the Accommodation;
    9. not make any alteration or addition whatsoever to the Accommodation or its contents;
    10. not use the Accommodation for any purpose other than for personal accommodation; and
    11. not invade the privacy of the Host or publish or reveal anything which might allow a third party to identify the address of the property or the identity of the Host or any personal information regarding the Host or the Accommodation (even if such information is already in the public domain).
  7. You acknowledge that the Accommodation is a home and you agree not to access any cupboard or drawers which have been sealed with tamper tape. You may be subject to a charge for any breach of any tamper tape.
  8. You hereby indemnify the Host and Air Concierge in respect of any and all costs, claims, damages, liabilities, and expenses, including, without limitation, reasonable attorneys’ fees and costs) suffered or incurred by the Host or any of the foregoing parties arising out of or relating to a breach by you of this Agreement, including, without limitation this paragraph. In the event of breach, your membership in Air Concierge may be terminated in accordance with the Terms and this Agreement.

Property Damage

  1. A written or video inventory will have been taken prior to the commencement of your stay. You must notify Air Concierge of any damage to the Accommodation, contents, fixtures or fittings which occurs during your stay, even if you regard the damage as minimal or normal wear and tear or if you do not believe the damage is your fault.
  2. If you do not notify your Air Concierge of any such damage you will be fully responsible for such damage on a full replacement cost basis.
  3. If you do declare any damage, then you are responsible for full replacement cost, but the first US$8 per night of such damage will not be charged to you.
  4. You have authorized Air Concierge to charge any property damage for which you are responsible to the credit or debit card account supplied by you. Any charges for property damage will be charged to such credit or debit card account which you have supplied. You acknowledge that pursuant to the provisions of this Agreement relating to Credit Card Authorization above, Air Concierge has obtained a pre-authorization for such charges as noted above.

Liability and Claims

  1. Any claims made by you under this agreement must be made initially through Air Concierge and in accordance with the Terms. If you notify Air Concierge within 14 days after making such a claim through Air Concierge that, in your opinion, the dispute has not been satisfactorily resolved, then Air Concierge is authorized to provide you with the Host’s details so that you may thereafter pursue the claim directly with the Host.
  2. The Host will not have any liability for any business, financial or economic loss or for any consequential, incidental, special or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of this agreement, the Accommodation or the booking (whether such loss arises as a result of negligence, breach of contract, tort or otherwise by the Host or any agent or third party providing services on behalf of the Host). The limitation of liability in favor of Air Concierge in the Terms applies hereto.
  3. Subject to any exceptions set forth in applicable law, the Host’s liability for all losses (including, without limitation for property damage, personal injury and death and whether such claim arises out of breach of contract, tort, negligence or otherwise) will be limited to the amount of the Accommodation Fees and charges payable by you. The Accommodation is a private residence and Hosts are not responsible for any accidents, injuries or illness that occurs on the Accommodation or for any loss of personal belongings or valuables of the Guest. You are responsible for obtaining any vacation, travel or rental insurance which you believe is appropriate with respect to your stay at the Accommodation.
  4. Nothing in this clause limits or excludes the liability of the Host for death or personal injury arising as a result of their gross negligence or willful misconduct or the gross negligence of willful misconduct of the Host, Air Concierge and their respective agents or employees.
  5. You agree to indemnify and hold Host and Air Concierge harmless from any and all liability, claims, loss, property damage or expenses arising by reason of any injury, death or damages sustained by any person, or to the property of any person, including you or the Host or any visitors or invitees whom you permit to enter the Accommodation or the premises of which the Accommodation is a part, where such injury death or damage is caused by your negligent or intentional act or omission, or by any such visitors or invitees.
  6. If Host or Air Concierge is required to engage any attorney to enforce the conditions of this Agreement, the Terms or the House Rules, to collect any amounts due, to remove you or your belongings from the Accommodation, Guest shall be responsible for all reasonable attorneys’ fees and costs incurred in connection with the foregoing,

General

  1. You agree that you have the power to enter into this agreement.
  2. You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you owe to the Host against any amounts that may be owed to you.
  3. The Host will be entitled to assign or sub-contract their obligations under this Agreement.
  4. The Host will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any cause beyond their reasonable control such as severe weather, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war and civil unrest or similar occurrences.
  5. This Agreement represents the entire agreement between the parties hereto and supersedes any previous marketing information, representations or agreements of any kind or nature between the parties relating to the subject matter hereof and whether recorded in writing, or otherwise.
  6. The parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.
  7. These conditions are governed by and construed in accordance with the laws of the State of California. You agree to submit to the exclusive jurisdiction of the courts of the state of California and the federal courts situated in the State of California for all disputes between Host and Guest arising out of this Agreement or the Accommodation.
  8. If you breach these terms and conditions and the Host decides to take no action or fails to take action on a timely basis, the foregoing shall not be deemed a waiver by the Host of the Host’s rights hereunder and the Host will still be entitled to take action and enforce their rights and remedies for any other breach.
  9. Air Concierge is a third party beneficiary of this Agreement and may rely upon this Agreement and enforce this Agreement to the extent necessary to enforce their respective rights and perform their respective obligations under the Terms and any agreements between the Guest and such parties.

Host and Guest Services

Air Concierge may offer certain goods and services to Guests with respect to a Booking that are included in the Booking (“Host Services”) and goods and services that are separate and distinct from the Booking and any agreement that Guest may have with the Host or Third Party Platform (“Guest Services”). This Agreement sets forth the terms and conditions of the Guest Services.

Air Concierge is not an agent of the Host or you, we are not booking agent or hosting platform and we are not a real estate broker, real estate agent, property manager, travel agent, travel seller or reseller or travel promoter. We do not have authority to form a binding agreement between you and the Host for the Booking of an Accommodation. We are solely responsible for the Host Services and Guest Services we provide, subject to the Terms, into which this Agreement is incorporated.

In accordance with the Terms, you will contract directly with a Host for the use and occupancy of the Accommodation, principally through a Third Party Platform. We are not responsible for any element of the Accommodation or any part of your agreement with the Host.

As set forth in the Terms, Air Concierge reserves the right, at its sole discretion, to modify, discontinue or terminate any Host or Guest Services, at any time and without prior notice. By continuing to use Host or Guest Services after modification, you are indicating that you agree to be bound by the modified terms of this Agreement. If the modified terms of this Agreement are not acceptable to you, your only recourse is to cease using the Site and Host and Guest Services.

Host Services

Air Concierge provides Host Services in connection with Bookings under the Host Services Agreement. We provide Host Services to and on behalf of Hosts and some of these services may be provided directly to you as set forth below. You must accept the receipt of Host Services as part of your Booking. The cost of Host Services is included in the Accommodation Fee set forth in your Booking Summary and will be paid by the Host.

The following are Host Services that may be provided to you:

  1. Welcome to the Accommodation and key hand over;
  2. Cleaning of the accommodation before and during the stay;
  3. Helpdesk services for inquiries regarding the Accommodation (which is separate from the concierge Guest Service set forth below);
  4. Housekeeping (changing of linens); and
  5. Check-out and collection of keys.

Guest acknowledges and agrees that Air Concierge may provide the Host Services through one or more third party vendors in its sole discretion. Air Concierge agrees to provide the Host Services in a timely and professional manner in accordance with this Agreement, but Air Concierge makes no warranties of any kind, express or implied, with respect to the Host Services to be provided hereunder. This Agreement is subject to the limitations of liability set forth in the Terms.

Guest Services

We may offer you Guest Services set forth below from time to time in accordance with this Agreement.

The following are Guest Services that we may offer you and for which an additional charge will be payable as set out below:

  1. Concierge services (advice on the area, booking of third party events, reservations etc.);
  2. Equipment hire (hire of audio visual equipment, tablets etc.);
  3. Food ordering;
  4. Stocking of refrigerator;
  5. Any other services requested by a Guest which we agree to provide from time to time.

Guest acknowledges and agrees that Air Concierge may provide the Guest Services through one or more third party vendors in its sole discretion. Air Concierge agrees to provide the Guest Services in a timely and professional manner in accordance with this Agreement, but Air Concierge makes no warranties of any kind, express or implied, with respect to the Guest Services to be provided hereunder. This Agreement is subject to the limitations of liability set forth in the Terms.

HOUSE RULES

House Rules

By agreeing to the terms of ANY booking ON ANY PLATFORM, we have created a de facto rental agreement.  As such, these BELOW rules GOVERNS OUR WORKING RELATIONSHIP.

ANY CONFLICT IN THE BELOW RULES WITH ANY OTHER RULES HEREIN OR ON WWW.AIRCONCIERGE.NET SHALL BE CONSTRUED IN FAVOR OF AIR CONCIERGE. 

1. Our check in (4pm) and check out (11am) times are strict. We are not able to make exceptions for either later check out or earlier check in.  For guests that stay past or arrive earlier than our posted times, we will deduct/charge $50 for every 30 minute period.  We do this because our home and our staff requires the full block of time to properly survey, clean and prepare the home before and after each guest.  We also do this as our liability policy does not cover times on site outside the language of our policy, unless we give authorization. This is non-negotiable and we appreciate your understanding of this clause before booking our home. 

1a. No additional overnight guests are permitted. Further information below on violation of this provision.

2 We have created a beautiful environment for our guests. Please treat the home and its contents kindly and gently and keep it clean:

a. Please do not move furniture.
b. Restrict food to kitchen and dining table(s) and outdoor dining table– We deduct for damages and stains.
c. Please keep shoes, luggage, dirty/sticky hands, juice boxes, sun block, crayons and other items that stain off furniture and beds. 
d. Flush toilet paper only. Use waste basket for other items. 
e. Only small amounts of table scraps can be put in garbage disposal.


3. Guests are responsible for charges for plumbing services to rectify clogs and dysfunctions due to improper or excessive disposal of items in toilets, sinks and garbage disposals.

4. [INTENTIONALLY OMITTED]

5. All Air Concierge properties are non-smoking, inside and out. Please respect a 20' off-the-property-rule.  Any evidence of smoking will result in at a minimum $1000 damage claim or loss of security deposit to cover deep cleaning and smoke removal. 

6. All Air Concierge properties are non-pet permitted, unless we've given explicit authorization, including receiving a deposit and fee, they are not allowed on the property.  Any evidence of pets on property will result in at a minimum $1000 damage claim or loss of security deposit to cover deep cleaning and smoke removal. 


7. The property locale has a noise ordinance to ensure quiet enjoyment by all residents and imposes a $500 fine for violations. Please observe the following: a. 7am-7pm = no more than 55 decibels (discussion without yelling) b. 7pm-10pm = no more than 50 decibels (quiet conversation) c. 10pm-7am = no more than 45 decibels (whisper). 

8. A condition for the return of your security deposit (in the event we take one) is that there is no complaint of noise, misconduct or criminal activity in which a member of your party or your group is the subject of the complaint.  We withhold repayment of security deposits for 10 business days to ensure all compliance.

9. No parties or events including but not limited  on the property without prior written consent of owners or manager. Additional charges will apply. Additionally no guests other than the ones approved at time of booking (including any amount over the booking size) shall be permitted on property without express written authorization by owner.  Any evidence of an event or additional guests will result in at a minimum $2500 damage claim or loss of security deposit to cover property inspection, liability analysis and coverage, deep cleaning and other property related items concerning use and safety inspection. 

10. Our posted check in and check times are strict.  We will often make accommodations for earlier arrivals (check in) and later check outs when its convenient for us and our staff which is responsible for preparing the home.  If we have provided you access to the home ahead of your arrival, your ability to enter the home will still remain set at the posted time and in no way will we permit early access without prior authorization by us. A violation of this clause will result in fine of $150 for each violation.  If you require early check in or late check out we may accommodate for an additional fee.

11.  As a condition of this reservation, if you are on site during 'trash day', whether checking in that day, or day prior, or checking out that day, that you bring the trash and recycling cans to the curb - and then bring the cans back into their spots thereafter.   

12. As a courtesy to other guests, please clean the outdoor grill and tools immediately after each use. 

13. We have provided high quality bath towels and bed linens. Please do not clean or mop up spills with them. Do not remove them from the property. We will wash them when you leave, but if you choose to launder, please treat soil with Shout or other stain remover and wash white towels and linens separately from colored beach towels and personal items. No bleach! We deduct from security deposit for missing, damaged, stained or discolored towels and linens.

14. Please do not allow children to operate appliances. Note that outlets, cabinet doors, windows and other elements do not have child-safe/safety mechanisms.

15. Children under 21 years are not permitted on the property without direct adult supervision, either indoors or out. Children must be accompanied and supervised by an adult on the decks and make sure not to break decorations/statues that sit on the side table. Guests who do not supervise their children at all times do so at their own risk and hold owners harmless.

16. We inspect the house upon each party's departure and before house cleaning occurs. If you discover that something is broken or is not working, please inform us right away so we can repair or replace the item for you and before the next guests arrive.

17. Before checking out, please ensure dishware, cookware, cups, glasses and utensils have been washed, dried and returned to the cupboards.

18. Upon your departure, please close and lock doors and windows and turn off the fan(s). Return keys to the lockbox on your way out.

19. Noncompliance with any of the aforementioned rules may result in additional charges and/or application of security deposit to clean, repair or replace items, including time and effort of contractors, property owners and their staff.

20. In the unlikely event of the cancellation of this Agreement, whether with cause or without, we reserve the right to the vacate and return of the premises by you, to us, upon reasonable notice of 2 hours whereby the refusal of such by you may lead to civil and/or criminal liabilities including trespass.  In the event such request is made (to vacate the premises) we will do so only in the event of a violation of our Rules or for the safety of others or the real or personal property, (including our neighbors) in or near the home, regardless if an agreement is in place with those persons.  Should you refuse to vacate, then we may be forced to engage local safety and peace officer support.  Any unused nights may be compensated back to you depending on the reason for the termination of the Agreement.

LIABILITY WAIVER FOR PROPERTIES WITH POOLS AND/OR HOT TUBS:

Liability Waiver:

Waiver of Liability And Hold Harmless Agreement.

1. In consideration for receiving permission to rent, I hereby RELEASE, WAIVE, DISCHARGE and COVENANT NOT TO SUE the owner, their officers, agents, servants, or employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demand, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or any of the property belonging to me, whether caused by the negligence of the releasees, or otherwise, while in, on or upon the premises where the use is being conducted. 

2. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorney fees, that they may incur due to my participation in renting, whether caused by negligence of releasees or otherwise. 

3. It is my express intent that this Waiver of Liability and Hold Harmless Agreement shall bind the members of my family, spouse, and my guests. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of California. 

4. I accept this Liability Waiver incorporated in the House Rules, which I accepted when making this booking. I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and accept it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same. Upon request by email, we will send you this Liability Waiver by email.

Hot Tub Waiver:

Hot Tub: ONLY GUESTS declared with this AIRBNB Booking MAY USE THE HOT TUB.

Please shower before use and do not put oils, lotions or any fragrance in the tub, as it will clog the filter and make the water dirty and cloudy. Please close lid when not in use. Please use only the towels designated for the use at the hot tub, and not the bath towels. Please do not add water to the tub. Please note that the hot tub is not a swimming pool or a babysitter. We strongly recommend that children under the age of ten not enter the hot tub. CHILDREN ARE NOT ALLOWED TO ENTER THE BACKYARD WITHOUT ADULT SUPERVISION. If children are allowed in hot tub, they must be monitored by an adult at all times. and we strongly encourage limiting their use to 20 minutes. Additionally, using the hot tub as a swimming pool causes water to splash out of the tub onto electrical components as well as decreasing the water in the tub. This causes costly damage to the tubs. Additionally, we reserve the right to add a $100 cleaning charge to the reserved cardholder for excessive cleaning or breaking of policy if necessary.

In consideration for the utilization of the HOT TUBS we, understand and agree as follows:

1. We regularly clean the hot tub, and disinfect the water, but since there is no manager on site, we ask that you check the hot tub before use. USE OF THE POOL & HOT TUB IS AT YOUR OWN RISK!

2. To the best of my knowledge, I am physically sound and have medical approval by my doctor to participate in physical exercise activities of the type normally engaged in a voluntary health & fitness facility and for usage of a hot-tub.

2. I understand and agree that I am responsible for learning how to use the equipment properly and safely.

3. I understand that by ordering the use of the hot tub, I am assuming financial responsibility of the tub for any and all usage, breakage, and/or abuse of the policies during my stay. This could include an additional cleaning charge and/or water replacement fee of $100 and any/all additional fees for extraordinary maintenance and/or repair incurred by owner in order to restore the tub after my stay.

4. I understand that owner reserves the right to change or cancel the continued availability of HOT TUBS without prior notice to me for issues related to care, maintenance, and/or safety. No lease, license or bailment is created by my use of the HOT TUB.

5. Owner is not liable for any loss or damage to my property arising out of my usage of the HOT TUB.

6. I agree to refrain from using equipment that I determine to be defective or in need maintenance or repair. Should any equipment be in a state of disrepair, I will alert owner in lieu of using said equipment.

7. I understand that a risk of injury and/or illness is present when engaging in or utilizing HOT TUBS and I assume all responsibilities and risk of participation in this program. I understand that failure to follow listed policies may increase those risks and incur charges to my CC on file related to any breakage, abuse of equipment, and/or abuse and negligence of the policies given and signed upon check-in.

8. IN CONSIDERATION OF THE ACCEPTANCE OF MY AGREEMENT, I INTEND TO BE LEGALLY BOUND FOR MYSELF, MY HEIRS, EXECUTORS, AND ADMINISTRATORS AND DO HEREBY RELEASE ANY AND ALL SPONSORS OF THIS FACILITY AND THEIR REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, FROM ANY AND ALL LIABILITY ARISING FROM INJURIES, INCLUDING ILLNESS AND DEATH, THAT I MAY SUFFER AS A RESULT OF MY USAGE OF THE HOT TUBS.

9. MY ACCEPTANCE OF THE HOUSE RULES, and the Liability Release and Hot Tub Waiver incorporated therein IS EVIDENCE I SHOULD CHECK WITH MY DOCTOR TO SEE IF HOT TUB USE IS SUITABLE FOR MY AND MY CHILD/WARD'S HEALTH AND PHYSICAL CONDITION.

10. I HAVE CAREFULLY READ THIS AGREEMENT, RELEASE & WAIVER LIABILITY, AND I KNOW ITS CONTENTS. I HAVE VOLUNTARILY ACCEPTED IT AS PART OF MY ACCEPTANCE OF THE HOUSE RULES AS MY OWN FREE ACT.

11. BY SIGNING and/or reserving the property which shall act as my signature implied and agreement to the above, I ADMIT RECEIVING AND ACKNOWLEDGING HOT TUB SAFETY RULES EITHER AT CHECK IN, OR BY WAY OF THESE RULES AND INSTRUCTIONS.

 

Fees

[If you agree to accept any Guest Services from us, we will provide you with a preliminary invoice of fees for the Guest Services for your approval.] You agree to promptly pay to us all preliminary fees for Guest Services as set forth on the preliminary invoice. We reserve the right to request payment in advance of providing any Guest Services.

Guest hereby agrees to provide and maintain a current credit card or bank account information with Air Concierge. Guest hereby authorizes Air Concierge to charge Guest’s credit card or bank account for any amounts owed by Guest to Air Concierge under this Agreement.

If you elect to accept Guest Services at the time of the Booking, we may provide the preliminary invoice and collect any applicable fees from you at the same time as the Accommodation Fees are collected from you by the Host or Third Party Platform. By entering into this Agreement you irrevocably agree that any such preliminary charges can be paid to us by the Host or a Third Party Platform without further approval or authorization by you.

You acknowledge and agree that we, the Host or the Third Party Platform may pre-authorize your credit or debit card at any time for the fees and costs associated with the Guest Services you have booked or may choose to book during your stay. Guest Services purchased after you have booked your stay will either be added to your account and collected from you when the Accommodation Fees are collected or, if you book Guest Services after pre-payment has been taken we will collect payment either during your stay or on your departure from the Accommodation. You will receive a final invoice for your stay, including all charges incurred with respect to the Guest Services.

You understand that all prices charged to you for items subject to sales or use tax under applicable federal, state and local laws will include a charge for tax remittance and you hereby authorize us, the Host or the Third Party Platform to charge your credit or debit card for such amounts in addition to the cost of any taxable goods or services provided to you during your stay. You also understand that the jurisdiction in which an Accommodation is located may charge an occupancy tax on the amount paid by a Guest for the use and occupancy of such property, and you hereby authorize us, the Host or the Third Party Platform to charge your credit or debit card for such amounts in addition to the amount paid for the Booking.

If you book any Guest Services more than fourteen days before the start of your stay, you can cancel the Guest Services no questions asked within six (6) hours of booking such services, and we will refund 50% of any charges. If you cancel any Guest Services at least four (4) weeks before your stay, we will refund 80% of any charges. If you cancel within fourteen days before the start of your stay, we will not refund any charges.

You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you owe to us, the Host or the Third Party Platform against any amounts that may be owed by you.

Third Party Services

As part of our Guest Services we may book or order Guest Services from third party suppliers or vendors. This will apply to any ticketed events you wish to attend, restaurant bookings or other goods or services ordered through our concierge service. Airport transfers, food orders, affiliate memberships and nanny or babysitting Services are also supplied by third parties.

Any booking we arrange for you with a third party will be subject to that party’s terms and conditions of business as well as our Terms and this Agreement. You will be liable to pay the costs of any third party provided Guest Services and we will not be responsible for any failure on the part or that third party to adequately supply the Guest Service.

Additional Terms for Guest Services

  1. Equipment Hire. Where you have hired equipment from us you must return the items to us in the same state in which they were supplied to you in. You will be liable for the costs of any damage to equipment which has been hired by you. Equipment is subject to availability. On hiring equipment for you we may charge, or direct the Host or Third Party Platform to pre-authorize any such credit or debit card for an amount to cover the cost of any damage to the equipment. Except where otherwise noted please leave any items hired by you at the Accommodation when you leave.
  2. Ticketed Events. In certain circumstances we may agree to try to secure a ticket for you at a theatre, music or sporting event. While we will use our reasonable commercial efforts to secure a ticket for the event it may be difficult to obtain tickets where the event is sold out, over-subscribed or in high demand. We do not guarantee that we will be able to obtain tickets to any event. Any tickets will be subject to the terms and conditions of the ticket agent and the venue.
  3. Helpline and General Requests. We offer a general concierge helpline which may be able to assist with specific requests and may also be your first point of call for booking restaurants, ticketed events, refrigerator stocking, or equipment during your stay.

Term and Termination

  1. Term. This Agreement is effective from the first date you use the Site.
  2. Termination.This contract is specific and exclusive to members of Air Concierge. If your membership in Air Concierge is terminated for any reason whatsoever, this Agreement shall be terminated.

Liability

You acknowledge and agree that we are not liable for the provision of goods or services by third parties nor will we be liable if any goods or services requested by you are unavailable during your stay. We will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control such as shortages, unavailability, overbooking, severe weather, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war, civil unrest or other similar circumstances.

This Agreement is subject to the limitations of liability set forth in the Terms.

Indemnification

Guest agrees to defend, indemnify and hold harmless Air Concierge, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (“Indemnitees”) from and against all claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) the Guest Services performed by Air Concierge under this Agreement other than those arising because of gross negligence or intentional misconduct by Air Concierge or any of its officers, agents, directors or employees; (2) any damage to or destruction of any property by Guests, any third party, or any terrorism, acts of nature, or acts of God; (3) any injury to or death of any person from any cause whatsoever; and (3) any error of judgment by Indemnitees or any mistake of law or fact by Indemnitees.

Miscellaneous

  1. Successors and Assigns. This Agreement shall benefit Air Concierge, its successors and any permitted assigns. This Agreement shall not be assignable by Host without the express written consent of Air Concierge, but may be freely transferred, assigned, or delegated by Air Concierge.
  2. Entire Agreement. This Agreement, and the Terms into which this Agreement is incorporated, set forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all other oral or written representations, marketing information and understandings.
  3. Waiver. If Guest breaches any term of this Agreement and Air Concierge decides to take no action or neglects to do so, then Air Concierge will still be entitled to take action and enforce our rights and remedies for any other breach.
  4. Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
  5. Relationship of Parties. The parties are independent contractors under this Agreement and no other relationship is intended, including a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship. Neither party shall act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other party.
  6. Notice.All notices and other communications under this Agreement shall be provided as set forth in the Terms.
  7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
  8. Dispute Resolution. Air Concierge and Guest agree to try in good faith to settle the dispute by voluntary mediation before resorting to court action or arbitration. In the event of a dispute between the parties concerning the terms of this Agreement, such dispute shall be resolved as set forth in the Terms.

 

 

 


 

Links to Other Web Sites  


 Links (such as hyperlinks) from Airconcierge to other sites on the Web do not constitute the endorsement by Airconcierge of those sites or their content. Such links are provided as an information service, for reference and convenience only. Airconcierge does not control any such sites, and is not responsible for their content. The existence of links on the Service to such websites (including without limitation external websites that are framed by the Airconcierge Service as well as any advertisements displayed in connection therewith) does not mean that Airconcierge endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites. The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and not by Airconcierge Terms of Use or Privacy Policy. You access such third-party websites at your own risk. Airconcierge expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Service. You hereby agree to hold Airconcierge harmless from any liability that may result from the use of links that may appear on the Service. 
 

Public Areas  


The Service may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities ("Public Areas") that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. Without limitation, you may not:

  • Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer. 
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others. 
  • Use the Service for any purpose which is in violation of local, state, national, or international law. 
  • Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information. 
  • Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party. 
  • Advertise or offer to sell any goods or services for any commercial purpose on the Service which are not relevant to the services offered on the Service. 
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters. Impersonate another person or allow any other person or entity to use your identification to post or view comments.
  • Post the same note repeatedly (referred to as 'spamming'). 
  • Spamming is strictly prohibited.
  • Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Service.
  • Restrict or inhibit any other User from using and enjoying the Public Areas. 
  • Imply or state that any statements you make are endorsed by Airconcierge, without the prior written consent of Airconcierge. 
  • Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index Airconcierge in any manner. 
  • Hack or interfere with Airconcierge, its servers or any connected networks. 
  • Adapt, alter, license, sublicense or translate Airconcierge for your own personal or commercial use. 
  • Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Airconcierge. 
  • Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals. 
  • Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner. 

All submissions made to Public Areas will be public, and Airconcierge will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas. 

 

Outside Links

This website may contain links to other websites that are not controlled by us. We are not responsible for the privacy practices and policies of any website other than our own.

 Account, Password and Security  


 You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Airconcierge for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account. Airconcierge has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact Airconcierge immediately. 

We follow accepted industry standards to protect personal information you have provided. However, no method of electronic storage can ever be 100% secure. Therefore we are not in a position to guarantee the absolute security of your information.

 

No Commercial Use or Solicitation  


 The Service may be used for your personal, non-commercial use only; you may not use the Service in connection with any commercial endeavors whatsoever without the express prior written consent of Airconcierge. Without limitation, the Service may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Services facilitated through Airconcierge without express written permission from Airconcierge. You may not use the Service to collect usernames and/or email addresses of members by electronic or other means without the express prior written consent of Airconcierge.net. 

 

 Your Information  


 "Your Information" is defined as any information and materials you provide to Airconcierge or other Users in connection with your registration for and use of the Service, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant to Airconcierge that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent Account, Password and Security or involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for Airconcierge or cause Airconcierge to lose (in whole or in part) the services of its ISPs or other partners or suppliers. Solely to enable Airconcierge to use Your Information, so we are not violating any rights you might have in that information, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known. 

 

 Billing and Payment Policy  


Airconcierge Service Requesters are obligated to pay for the services of the Service, unless specifically notified otherwise. Airconcierge Service Requesters can also pay at the end of a completed Service transaction. For all purchases and payments for reimbursement costs, fees or expenses associated with a Service, Airconcierge will charge your credit card according to the amount agreed upon between you and Airconcierge for the use of the services of the Service, and you hereby authorize us to charge your credit card for such amounts. Airconcierge retains the right, in its sole discretion, to place a hold on any payment for a completed Service transaction. No refunds or credits will be provided once the Airconcierge Service Requester's credit card has been charged. At Airconcierge sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Airconcierge. While Airconcierge will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold Airconcierge.net harmless for any damages that may result therefrom. Airconcierge will use third party services to process credit card information. For further information regarding that service, please contact Airconcierge to request information about Airconcierge's credit card processing providers. You will be liable for all transaction taxes on the services provided under this Agreement (other than taxes based on Airconcierge.net's income). 

 

 Employment and Withholding  


Airconcierge.net is not an employment service and does not serve as an employer of any User. As such, Airconcierge.net will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with your use of Users' services. You understand and agrees that if Airconcierge.net is found to be liable for any tax or withholding tax in connection with your use of Users' services, then you will immediately reimburse and pay to Airconcierge.net an equivalent amount, including any interest or penalties thereon. 


Termination and Suspension  


 Without limitation, Airconcierge.net may terminate or suspend your right to use the Service if you breach any term of this Agreement or any policy of Airconcierge.net posted on the Service from time to time, or if Airconcierge.net otherwise finds that you have engaged in inappropriate and/or offensive behavior. If Airconcierge.net terminates or suspends your right to use the Service for any of these reasons, you will not be entitled to any refund of unused balance in your account. In addition to terminating or suspending your account, Airconcierge.net reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Airconcierge.net may terminate or suspend your right to use the Service at anytime for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice. Even after your right to use the Service is terminated or suspended, this Agreement will remain enforceable against you. You may terminate this Agreement at any time by ceasing all use of the Service. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement. 


Intellectual Property Rights  


 All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that users see or read on the Service is owned by Airconcierge.net or are used by permission. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Airconcierge.net owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without Airconcierge.net's express prior written consent. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Airconcierge.net and/or the relevant right holder. The service marks and trademarks of Airconcierge.net, including without limitation Airconcierge.net and the Airconcierge.net logo are service marks owned by Airconcierge.net. Any other trademarks, service marks, logos and/or trade names appearing on the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner. 

 

Copyright Complaints and Copyright Agent  


 Airconcierge.net respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Service infringe upon your copyrights, please send the following information to Airconcierge, Inc., Apt 136, 1 Western Avenue, Boston, MA 02163. A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Service where the material you claim is infringed is located. Include enough information to allow Airconcierge.net to locate the material, and explain why you think an infringement has taken place; A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published; 
/> Your address, telephone number, and e-mail addre A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest. 

 Modifications to the Service  


Airconcierge.net reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Service or any content or information on the Service with or without notice. Airconcierge.net will not be liable to any party for any modification or discontinuance of the Service. 

CANCELLATION OF SERVICES

Any cancellation of any service, including constructive or actual cancellation or such action that requires us not to render services, within 36hrs of booking may result in a $50 cancellation fee in addition to any bank and/or credit card transaction fees that are incurred in a refund.

 

 Confidential Information  


You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Airconcierge.net and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Airconcierge.net in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Airconcierge.net upon termination of this Agreement for any reason whatsoever. The term "Confidential Information" shall mean any and all of Airconcierge.net's trade secrets, confidential and proprietary information and all other information and data of Airconcierge.net that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation. 
 

 Disclaimer of Warranties  

USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. 

THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER AIRCONCIERGE.NET NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THE SERVICE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICE. NEITHER AIRCONCIERGE.NET NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. NEITHER NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, BETWEEN AIRCONCIERGE AIRCONCIERGE SERVICE PROFESSIONALS. NEITHER AIRCONCIERGE.NET NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. AIRCONCIERGE.NET AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. No Liability   YOU AGREE NOT TO HOLD AIRCONCIERGE.NET, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY AIRCONCIERGE.NET OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL AIRCONCIERGE.NET ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT AIRCONCIERGE.NET OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO AIRCONCIERGE.NET DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

DISCLAIMER: CAUTION CONCERNING FORWARD LOOKING STATEMENTS

Documents received by us and statements may contain “forward-looking statements” – that is, statements related to future, not past, events. In this context, forward-looking statements often address our expected future business and financial performance and financial condition, and often contain words such as “expect,” “anticipate,” “intend,” “plan,” “believe,” “seek,” “see,” “will,” “would,” or “target.” Forward-looking statements by their nature address matters that are, to different degrees, uncertain, such as statements about our announced theory to the performance of your vacation rental businesses, including expected revenues associated with this plan; expected income; expected expenses; expected tax, HOA (homeowner association) matters, insurance liabilities and safety issues. For us, particular uncertainties that could cause our actual results to be materially different than those expressed in our forward-looking statements include: obtaining (or the timing of obtaining) any required of regulatory reviews or short-term-tax reviews or approvals or any other consents or approvals associated with our announced vision as to the success or proposed success of your venture; changes in law, economic and financial conditions; the impact of conditions in the financial and credit markets; the impact of conditions in the housing market and unemployment rates; the impact of regulation and regulatory, investigative and legal proceedings and legal compliance risks, including the impact of short term rental services regulation and litigation; adverse market conditions; our competitor in existence and not yet know strategies, acquisitions, joint ventures, dispositions and other strategic actions. These or other uncertainties may cause our actual future results to be materially different than those expressed in our forward-looking statements. We do not undertake to update our forward-looking statements.

No document we produceds includes certain forward-looking projected financial information that is based on current estimates and forecasts. Actual results could differ materially.

This document also contains non-GAAP financial information. Management uses this information in its internal analysis of results and believes that this information may be informative to investors in gauging the quality of our financial performance, identifying trends in our results and providing meaningful period-to-period comparisons. For a reconciliation of non-GAAP measures presented in this document, see the accompanying supplemental information posted to the investor relations section of our website atwww.ge.com.”

In this document, “GE” refers to the Industrial businesses of the Company including GECC on an equity basis. GE Capital or GECC refers to the financial services businesses of the company. “GE (ex-GECC)” and/or “Industrial” refer to GE excluding Financial Services.”

GE’s Investor Relations website at www.ge.com/investor and our corporate blog at www.gereports.com, as well as GE’s Facebook page and Twitter accounts, contain a significant amount of information about GE, including financial and other information for investors. GE encourages investors to visit these websites from time to time, as information is updated and new information is posted

 Indemnification  

 You hereby agree to indemnify, defend, and hold harmless Airconcierge.net, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with your use or inability to use the Service. Airconcierge.net reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Airconcierge.net. Dispute Resolution and Governing Law   Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and Airconcierge.net agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Airconcierge.net. Airconcierge.net's address for such notices is Airconcierge, Inc., 888 Prospect Street, Suite 201, La Jolla, CA 92037. 

Binding Arbitration

If you and Airconcierge.net are unable to resolve a Dispute through informal negotiations, either you or Airconcierge.net may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If such costs are determined by the arbitrator to be excessive, Airconcierge.net will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Airconcierge.net may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Exceptions to Alternative Dispute Resolution. You and Airconcierge.net agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Airconcierge.net's intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief. Restrictions. You and Airconcierge.net agree that any arbitration will be limited to the Dispute between Airconcierge.net and you individually. To the full extent permitted by law, (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Location. Arbitration will take place at any reasonable location within the United States convenient for you. Severability. You and Airconcierge.net agree that if any portion of this section entitled "Dispute Resolution and Governing Law" is found illegal or unenforceable, that portion will be severed and the remainder of the section will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled "Exceptions to Alternative Dispute Resolution" is found to be illegal or unenforceable, neither you nor Airconcierge.net will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction and you and Airconcierge.net agree to submit to the personal jurisdiction of that court. 

 

Tax Matters

You are responsible for all tax related issues as it pertains to the rental of your property in accordance with state and municipal tax laws and codes. Air Concierge does not provide tax or legal consulting services in accordance with its property management or maintenance services.  Unless otherwise specifically retained for tax matters as defined by the purchase of a consultation or other tax law related opinion or advisory service, Air Concierge does not provide or insight as to any tax matters. 

When deciding to list your home on any one of a number of paid and free-to-list websites, it's vital for you to know and understand the tax laws in your jurisdiction.  As a platform and marketplace for the property management and maintenance services herein, we do not provide legal advice but are available to be retained and/or work with your retained counsel on such matters.  We are including some informational links on our tax matters pages to help you resolve questions or issues you might have. 

Any action taken against you surrounding the non-payment or failure to pay applicable taxes including but not limited to short term occupancy, transient occupancy, sales, hotel or similarly situated taxes by any local, city, state or federal agency, private or public, shall be exclusive of Air Concierge and you shall not seek recovery, indemnification, restitution, or any other legal remedy regarding your tax liability against Air Concierge. 

 

Special Promotions  


Airconcierge.net may from time to time provide certain promotional opportunities to Airconcierge Service Requesters All promotions will be run at the sole discretion of Airconcierge, Inc., and can be activated, modified or removed at anytime by Airconcierge.net without advance notification. No Agency   No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. General Provisions   Failure by Airconcierge.net to enforce any provision(s) of this User Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Airconcierge.net with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of Airconcierge.net, its successors and assigns. Changes to this Agreement and the Service   Airconcierge.net reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Policy) at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Service. Your continued use of the Service following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Airconcierge.net may change, modify, suspend, or discontinue any aspect of the Service at any time. Airconcierge.net may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability. 


I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AND THE AIR CONCIERGE PRIVACY POLICY AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.    

CONSULATION: NEW PURCHASE CONSULTING: AN INVESTORS ANALYSIS

This Investor Consult Fee Agreement (this “Investor Consult Agreement”), effective as of the date of the last party to sign this Investor Consult Agreement (the “Effective Date”), is made and entered by and between:

Air Concierge Inc., a company organized and existing under the laws of the State of CA, with a registered address located in Encinitas, CA, 92007 (hereinafter the “Affiliate”), and ____________________, a company organized and existing in the State of ___, with a registered address located at ____________________________ (hereinafter the “Company”).

1. Recitals

WHEREAS:

Company is in the business of ___________________________________; and

Both parties wish to enter into this Agreement, whereby Company will pay Affiliate a fee (as described below) for each analysis by Affiliate of an Affiliate Client, subject to the terms and conditions of this Agreement;

NOW, THEREFORE, in consideration of the foregoing, and of the mutual covenants, agreements, and promises set forth herein, the parties agree as follows:

2. Consulting Arrangement

Commencing as of the Effective Date of this Agreement and continuing in effect until this Agreement is terminated by either party by providing the other at least five (5) days prior written notice, Affiliate may, from time to time, and in its sole and absolute discretion, perform for Company an analysis of Affiliate's certain clients (hereinafter referred to as“Clients”). Subject to Affiliate’s compliance with the remaining provisions of this Agreement in each case, and subject to Company’s acceptance of such a Client's analysis, Company agrees to compensate Affiliate in accordance with Section 2 below.

3. Success Fee

Affiliate understands that Company transacts in real estate with a Seller of real estate in accordance with contracts entered into by Company and such other parties commensurate in a real estate transaction. As consideration for a Client analysis, Affiliate shall be entitled to a percent of the purchase price [as stated at http://www.airconcierge.net/new-home-guidance/new-purchase-consulting-an-investors-analysis], to be paid to Affiliate within ___ days of Company (but in no event later than 14 business days) and Seller's execution of any Purchase and Sale contract, if any, signed after Affiliates analysis.

4. Payment Conditions

Clients shall not be considered accepted by Company, and Company shall have no payment obligation hereunder, unless and until a contract is signed by Company and the Client in which Affiliate performed its consultation analysis.

5. Miscellaneous

1. This Agreement shall be governed, construed, and enforced in accordance with and subject to the laws of the State of CA, without regard for its conflict of laws provisions. The Recitals at the beginning of this Agreement are covenants of the parties and are a material part of this Agreement. This Agreement has been prepared and finalized by both parties and their respective attorneys.

2. At no time shall Affiliate or its employees perform any service or element of the purchase and sale of real estate including but not limited to negotiation, drafting of documents, title, escrow, or other related services.

3. The individuals whose signatures appear below each warrant that they are duly authorized to sign this Agreement on behalf of the company whose name appears above their signature. Each party represents and warrants that they have read this Agreement and fully understand its provisions. Each party represents and warrants that they have discussed this Agreement, in its entirety, with their respective attorneys, and this Agreement has been fully explained to them by such attorneys. This Agreement will be confidential between the parties, and the existence of this Agreement will not be disclosed by either party to any third party (other than accountants and/or attorneys of the parties, who have a legitimate need to know, and who are bound by similar obligations of nondisclosure relative to this Agreement), except to the extent required by law or regulation.

4. Those provisions of this Investor Consult Agreement which by their nature survive termination, shall so survive any termination hereunder, including any obligation to make payment under the terms of this Agreement.

5. This Investor Consult Agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all previous negotiations, agreements or commitments by the parties whether oral or written. This Agreement may be executed in counterparts and each shall constitute one instrument. Copies of signatures shall be treated as originals.

Accepted and agreed:

Affiliate: ____________

Title: _______________

Date: _______________

 

Company: __________

Title: _______________

Date: _______________