Guest Rules and Services Agreement
LAST UPDATED: August 6, 2026
This Agreement is entered into between you (the "Guest," "you," "your," "occupants") and Air Concierge Inc., a California corporation ("Air Concierge," "we," "us," "our," or "Manager"), doing business in Washington State as Air Concierge Washington, Inc. It sets out the rules that apply to your booking of a home managed by Air Concierge (the "Accommodation") on behalf of its owner (the "Host" or "Owner"), and the services we may provide in connection with that booking.
This Agreement takes effect when a reservation is made through any online booking platform or marketing channel (each a "Third Party Platform"), or by direct booking, online payment, transfer, or check used to secure an Accommodation. Air Concierge enters into this Agreement in its own name and also as authorized agent for the Host, and Air Concierge and the Host are each entitled to the benefit of, and may enforce, the provisions stated for their benefit.
### Which Terms Control
Your booking may also be subject to a Third Party Platform's own terms and conditions ("Third Party Platform Terms"). Where those terms conflict with these, the following order applies:
First, the Third Party Platform Terms control the booking transaction itself — the rate, the payment method, the cancellation policy applicable to your reservation, and that platform's own authority to cancel a reservation or issue a refund. Those terms control as between you and that platform, and we do not purport to override them.
Second, a rental agreement you have signed for the Accommodation, and the House Rules published for that Accommodation, control as to property rules, occupancy, visitors, gatherings, quiet hours, fees, property condition, damage, and conduct.
Third, this Agreement controls as to everything else, and applies in full where no signed rental agreement or House Rule addresses the matter.
A refund or credit issued by a Third Party Platform does not release you from any amount owed to Air Concierge or the Host under this Agreement, the House Rules, or any rental agreement you have signed, and any unpaid balance may be sought directly from you.
Where a homeowners association rule, a local ordinance, or a short-term rental permit condition is stricter than a provision of this Agreement, the stricter rule controls.
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### 1. Nature of Your Stay
1.1 You and the Host have entered into an agreement under which the Host has issued you a license to occupy the Accommodation for the period set out in your booking confirmation (the "Booking Period"). YOU HAVE NOT ENTERED INTO A LEASE. THE LICENSE CONVEYS NO PROPERTY RIGHT OR INTEREST IN REAL ESTATE. YOU ARE NOT A TENANT. YOU HAVE NOT BEEN GRANTED EXCLUSIVE POSSESSION. You have no right to occupy the Accommodation after the Booking Period and no right of renewal or recurring use.
1.2 The Accommodation is a privately owned home in a residential neighborhood, individually furnished by the Host. It is not a hotel, and Air Concierge does not maintain on-site housekeeping, maintenance, or front-desk staff.
1.3 You may not alter the Accommodation or move or remove furnishings or other items.
1.4 You may not access any cupboard, closet, or drawer that has been sealed, locked, or otherwise marked as unavailable. A charge may apply for any breach of a restricted area.
1.5 Your license is subject to immediate termination if you or anyone occupying the Accommodation violates this Agreement, the House Rules, or any other agreement with the Host or Air Concierge.
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2. If Something Isn't Right — Tell Us First
2.1 The Accommodation is cleaned and inspected before you arrive. Conditions can change between the completion of cleaning and your arrival, and during your stay. A home containing many thousands of components, systems, fixtures, and furnishings cannot be warranted free of every imperfection at every moment, and the rate charged reflects that.
2.2 Report it. If you find any condition you believe requires attention, notify us as soon as you notice it, by message through the Third Party Platform or directly. We cannot address a condition we do not know about.
2.3 We respond. We will use best efforts to respond in real time to anything you report and to begin addressing it as quickly as we can. Conditions requiring a part, a vendor, or a licensed trade may reasonably take longer.
2.4 Entry to resolve. You authorize Air Concierge and its employees, contractors, and vendors to enter the Accommodation at reasonable times, and at any time in an emergency, to inspect, repair, replace, clean, or otherwise address any reported condition.
2.5 Cure. If we resolve the condition, or provide a reasonable substitute or workaround, within a reasonable time, no refund, credit, or other compensation is due.
2.6 When a credit is due. If a condition renders the Accommodation unfit for occupancy or deprives you of a material portion of its use, and we are unable to cure or reasonably substitute within a reasonable time, your sole and exclusive remedy is, at our election: a pro-rata credit or refund of the nightly rate for the nights actually affected; comparable alternative accommodation for those nights, if available; or rescheduling. The unavailability or failure of an amenity is not such a condition. By way of example, the unavailability of a pool, spa, hot tub, pool or spa heating, internet or Wi-Fi, television or streaming, air conditioning outside periods of extreme heat, a fireplace, a barbecue, a game room, or a specific appliance is an amenity matter. Where a non-material amenity is unavailable for a material portion of the stay, we may issue a partial credit in our discretion; none is required.
2.7 No credit without notice. No refund or credit will be considered for any condition not reported during the stay with sufficient time for us to respond, and none will be issued where you vacate the Accommodation without first giving us notice and a reasonable opportunity to cure.
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3. What Is Not Grounds for a Refund, Credit, or Cancellation
The following are inherent in vacation rental lodging, are outside our reasonable control, or are minor. They do not entitle you to any refund, credit, rate reduction, cancellation, or other compensation, whether or not they diminish your enjoyment of the stay. This list is illustrative and not exhaustive.
(a) Insects, spiders, webs, ants, bees, rodents, wildlife, and birds naturally occurring in the region, their seasonal activity, and any routine or responsive pest treatment.
(b) Wind, blowing dust, sand, pollen, ash, smoke, haze, leaves, or debris, including accumulation on decks, patios, outdoor furniture, walkways, pools, and spas.
(c) Weather of any kind, including heat, cold, rain, snow, ice, storms, wildfire, and air quality conditions, and any resulting road, travel, or access conditions, delays, or closures.
(d) Seasonal conditions affecting views, foliage, water levels, snow cover, lake, river, or beach conditions, wildlife activity, or landscaping appearance.
(e) Isolated housekeeping imperfections discovered after arrival, including an item of dishware, glassware, or cookware returned to a cabinet without being fully cleaned, a missed spot, a smudge, or a stray hair.
(f) Ordinary wear, minor cosmetic imperfections, dated or mismatched furnishings, or differences between listing photographs and current décor, paint, furnishings, or landscaping, where the Accommodation is substantially as described.
(g) Noise, light, odor, dust, or activity from neighbors, neighboring properties, construction, landscaping, road work, traffic, aircraft, agriculture, livestock, wildlife, or community events.
(h) Interruption, degradation, or slowness of electricity, gas, water, sewer or septic, internet, Wi-Fi, cable, satellite, or cellular service caused by the utility, service provider, or any third party, including scheduled outages and public safety power shutoffs.
(i) Temporary malfunction of any appliance, device, fixture, or equipment that we repair, replace, or reasonably substitute within a reasonable time under Section 2.
(j) Restrictions, rules, closures, construction, or assessments imposed by a homeowners association, governmental authority, resort, club, or utility, including closure of shared amenities.
(k) Pool or spa water temperature affected by ambient temperature, wind, or the time required to reach temperature, where the heating equipment is functioning.
(l) Scheduled maintenance, landscaping, pool or spa service, pest treatment, or other vendor visits occurring during your stay. Please do not turn away a scheduled vendor; we are charged a trip fee either way, and a $100 charge applies.
(m) Personal circumstances of anyone in your party, including illness, injury, change of plans, work obligations, travel disruption, flight delay or cancellation, or failure to arrive.
(n) Any condition disclosed in the listing, the House Rules, the House Packet, or this Agreement.
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4. Force Majeure
4.1 Neither the Host nor Air Concierge will be liable to you, or be deemed in breach of this Agreement, by reason of any delay in performing or any failure to perform an obligation where the delay or failure was due to a cause beyond their reasonable control.
4.2 Effect on amounts paid. Relief under this Section is available only where an event beyond the reasonable control of the parties makes occupancy of the Accommodation legally or physically impossible for the affected nights — for example, a mandatory evacuation order, a governmental order closing the Accommodation or prohibiting occupancy, loss of safe access, or loss of an essential utility we are unable to cure. Where that occurs, your sole and exclusive remedy is a credit equal to the rental rate for the nights on which occupancy was impossible. We will issue the credit within thirty (30) days; it is usable toward any property we manage for eighteen (18) months from issuance, is not redeemable for cash, and is transferable only with our written consent. We may elect to issue a refund in place of a credit. No credit or refund is due for any night on which occupancy remained possible, and taxes, cleaning fees, and third-party costs already incurred are not credited. Where the reservation was made through a Third Party Platform, the Platform Terms govern to the extent they provide for cancellation or refund in the circumstances.
4.3 What is not force majeure. This Section does not apply to, and no credit, refund, rate reduction, or penalty-free cancellation is available under it for, any condition described in Section 3. Section 3 controls over this Section 4, and a condition described in Section 3 is not a force majeure event however it is characterized. The trigger for relief under this Section is an order or a physical impossibility — not a condition, and not the degree of inconvenience a condition causes.
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5. Booking and Cancellation
5.1 A booking summary is not a booking confirmation. The Accommodation is reserved upon your receipt of a confirmation of booking. Neither Air Concierge nor the Host is obliged to make the Accommodation available until that confirmation is sent.
5.2 Where the reservation was made through a Third Party Platform, that platform's cancellation policy governs, as shown on the listing, in the booking summary, or in your reservation details.
5.3 Where no Third Party Platform cancellation policy applies, and unless otherwise agreed in writing, the cancellation policy stated in your signed rental agreement or booking confirmation governs. Cancellations must be submitted in writing.
5.4 The Host or Air Concierge may cancel a booking. If that occurs, we will attempt to assist in locating alternative accommodation, but neither the Host nor Air Concierge is obliged to arrange it. Where the Accommodation becomes unavailable for all or part of the Booking Period and you do not accept suitable alternative accommodation offered to you, you may cancel and your prepayment for the unavailable nights will be refunded; neither the Host nor Air Concierge is liable for any further amount.
5.5 In extenuating circumstances the Host or Air Concierge has the right, but not the obligation, to approve a full refund.
5.6 Chargebacks. You shall not initiate a chargeback, payment dispute, or a claim through a Third Party Platform's resolution or refund process with respect to any condition at the Accommodation before completing the notice and cure process in Section 2 and receiving our written determination. Initiating such a chargeback or claim before that process is complete is a material breach of this Agreement. Nothing in this Section limits any right you have under applicable law or under a Third Party Platform's terms. Disputes between the parties are resolved as provided in Section 18.
5.7 Eviction. The Host or Air Concierge may terminate the license and require the occupants to vacate upon (1) a violation of this Agreement, the House Rules, or any signed rental agreement; (2) a violation determined by local police, sheriff, or code compliance personnel; or (3) a determination that the real property, personal property, or the well-being of the community including neighbors has been placed at risk. We will not use self-help removal where applicable law requires a judicial process.
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6. Why These Rules Exist
Rules of this kind can read as harsh, so we want to be plain about who they are for. They are not aimed at the family who books a home near relatives and wants grandparents over for an afternoon, friends stopping by for dinner, or one more cousin joining midway through the week. Send us a message and we will almost always say yes, in writing, at no charge. That is the entire point of asking.
What these rules exist for is the all-night party. That is the one thing that damages a home, exhausts the neighbors, brings police and citations, and puts the short-term rental permit at risk — and when a permit is lost the home comes off the market for everyone who would have stayed there. Homes like these are rentable at all only because the neighborhoods around them tolerate us. So we are strict about the party, generous about the family, and the difference between the two is a message sent before it happens.
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7. Occupancy, Visitors, and Gatherings
7.1 Maximum occupancy is the number stated in your reservation details or House Rules and may not be exceeded at any time. Anyone present at the Accommodation between 10:00 p.m. and 7:00 a.m. counts as an occupant, whether or not they sleep there. Children under two (2) years of age and service animals are not counted.
7.2 Visitors. Only the guests named on your reservation may be present at the Accommodation, unless we approve additional visitors in writing in advance.
7.3 Unauthorized occupant fee. For each occupant in excess of maximum occupancy, or not disclosed to us at or before check-in, the greater of One Hundred Twenty-Five Dollars ($125.00) or forty percent (40%) of the nightly rate, per person, per night, from the first night the person was present through checkout, unless you establish an earlier departure by evidence reasonably satisfactory to us.
7.4 Unauthorized gathering fee. Highest applicable tier only, per occurrence:
Tier 1 — Excess gathering. Total persons present exceed maximum occupancy plus four (4) but not more than maximum occupancy plus twelve (12); or an unapproved visitor is present during quiet hours: the greater of $1,500 or three times (3×) the nightly rate.
Tier 2 — Party. Total persons present exceed maximum occupancy plus twelve (12); or the gathering involves amplified sound or a disc jockey, ticketing, a cover charge, an RSVP or guest list, an open invitation, or promotion by any means including social media: the greater of $3,500 or seven times (7×) the nightly rate.
Tier 3 — Commercial or production event. Photography or video production, brand, influencer, or promotional activity, or public access: the greater of $5,000 or ten times (10×) the nightly rate.
7.5 A gathering fee is charged in addition to any unauthorized occupant fee, because the two compensate distinct harms. Where a gathering fee is charged for an occurrence, however, the unauthorized occupant fee applies as to that occurrence only to persons who slept at the Accommodation, and not to persons who attended the gathering without sleeping there. Attendance is compensated by the gathering fee and is not charged twice.
7.6 Requests for approval. You may request approval at any time before or during the stay, by message through the Third Party Platform or directly, stating the number of additional persons, the dates and hours involved, and the nature of the visit. Approval given in writing modifies the applicable limit for the persons, dates, and hours stated only, and no fee accrues as to an approved variation. We cannot grant approval after the fact. At some Accommodations a city permit sets a cap we are not permitted to waive. The availability of this approval process at no cost is a material part of the parties' agreement that these fees are reasonable.
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8. Quiet Hours and Disturbances
8.1 Quiet hours are 10:00 p.m. to 7:00 a.m. local time, or such stricter hours as an ordinance, homeowners association rule, permit condition, or the House Rules impose.
8.2 For each verified violation of quiet hours or an applicable noise restriction: the greater of $250 or fifty percent (50%) of the nightly rate for the first violation, and the greater of $750 or one hundred fifty percent (150%) of the nightly rate for each violation thereafter. A third violation during a single reservation permits immediate termination and requires the occupants to vacate, without refund.
8.3 Fines, penalties, citations, and administrative costs imposed by any governmental authority, homeowners association, or utility, and towing, private security, after-hours locksmith, police-response, and noise-response charges, are actual out-of-pocket costs, are not covered by the fees in this Agreement, and are payable in addition to them.
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9. Smoking, Animals, and Cleaning
9.1 No smoking or vaping inside the Accommodation or within twenty (20) feet of it: the greater of $500 or two times (2×) the cleaning fee, together with the actual cost of any remediation, ozone or odor treatment, or replacement of soft goods exceeding that amount.
9.2 No parties or amplified music at any Accommodation, at any hour.
9.3 Animals. No animal may be present except as specifically authorized in your reservation, or a service animal we are required by law to allow. Service animals are never charged a pet fee. Emotional support animals are not service animals and are treated as pets. An unauthorized animal incurs the greater of $500 or two times (2×) the cleaning fee for the first such animal, and the greater of $250 or one times (1×) the cleaning fee for each additional animal, together with the actual cost of any damage the animals cause, and the reservation may be cancelled immediately. A prohibition on animals is not a guarantee that no animal has previously been present or that the Accommodation is free of animal allergens.
9.4 Where a pet is authorized, the fee is per stay, non-refundable, and charged through the Third Party Platform. The animal must be house trained, may not be left alone in the Accommodation, is not permitted on furniture or beds, must be leashed outside, must be picked up after every time, and must be kept out of any pool or spa. The pet fee covers routine pet cleaning only; accidents, waste, and excessive fur removal are your responsibility.
9.5 Cleaning. Leave the Accommodation in a reasonably clean condition consistent with normal use. Cleaning beyond a normal turnover is $100 per hour, thirty-minute minimum, with photographs and cleaning logs available on request. Examples include excessive trash, stains requiring professional treatment, pet hair in a non-pet Accommodation, and odor remediation.
9.6 "Cleaning fee" means the cleaning fee stated for the reservation. Where no cleaning fee is separately stated, the cleaning fee is zero and the stated minimum amount applies.
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10. Check-In, Checkout, and Late Departure
10.1 Check-in and checkout times are as stated in your reservation details. Early arrival and check-in after the close of the check-in window require written approval.
10.2 Our cleaning teams are scheduled against the posted checkout and the next guest arrives the same afternoon. A late departure means the cleaner leaves and we pay a missed-turnover charge, or the arriving guest is delayed.
10.3 Late checkout without prior written approval:
- Up to three (3) hours past checkout, with no same-day arrival: $250 per hour or part of an hour.
- More than three (3) hours past checkout, with no same-day arrival: one additional night at the nightly rate, plus the cleaning fee.
- Any late departure that delays a same-day arriving guest, or that causes the cleaning team to leave and return: the greater of three times (3×) the nightly rate, or one night plus the cleaning fee plus $250.
10.4 The same-day figure is a single charge covering the turnover we cannot complete, the cleaning team's return trip or missed-appointment charge, and the compensation we pay the arriving guest whose check-in we delayed.
10.5 On request we will provide the cleaning schedule, the vendor's charge, the access log, and any correspondence with the arriving guest. Ask us in advance — approved late checkouts are usually available at no charge.
10.6 If you overstay by more than two (2) hours, the Host or Air Concierge may enter the Accommodation, remove your belongings, and change the locks, and you are responsible for the cost of that action.
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11. Monitoring Devices
11.1 Exterior cameras and video doorbells, where present, are located in and directed at exterior areas only, and are disclosed in the listing.
11.2 Noise-monitoring devices, where present, may be located in interior common areas as well as exterior areas. They measure sound level in decibels and the duration of sound only. They do not record, stream, transmit, or store audio, conversations, or the content of any sound, and cannot identify what is said or what is producing a sound.
11.3 No camera, microphone, recording device, or monitoring device of any kind is placed in any bedroom, bathroom, or other private area.
11.4 You shall not disable, obstruct, cover, unplug, reposition, mute, or otherwise interfere with any disclosed device. Interference is itself a violation, incurs a fee equal to the Tier 1 gathering fee, and permits us to determine the underlying violation from the remaining evidence and from the fact of the interference.
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12. How We Determine a Violation
12.1 Standard. We determine whether a violation has occurred. We operate a portfolio of short-term rental properties, and our personnel are experienced in identifying occupancy, gathering, and disturbance violations from indirect and circumstantial indicators. We may make that determination in our reasonable, good-faith judgment, based on the totality of the information available to us and on our knowledge, experience, and skill in short-term rental management, and we are not required to have directly observed the violation, counted persons individually, entered the Accommodation, or obtained an admission.
12.2 Sources. We may rely on any one or more of the following, and no particular category is required: notices, complaints, calls, texts, emails, or written or recorded statements from neighbors, homeowners association representatives, security patrols, vendors, cleaners, or our own staff; footage or still images from exterior cameras or video doorbells at the front, rear, side, driveway, or other exterior area, or from cameras at neighboring properties lawfully made available to us; noise-monitoring device data including decibel readings, duration, and time-stamped alerts; occupancy-sensing, smart-lock, or connected-device data; vehicle counts, parking observations, or towing records; police, sheriff, code enforcement, permitting authority, or homeowners association notices, citations, or reports, whether or not a fine is ultimately imposed; posts, stories, messages, invitations, or images published or sent by anyone in your party or by any attendee; cleaning, laundry, linen, trash-volume, or restocking reports; consumption records for water, electricity, gas, or propane; and any other information we reasonably regard as probative.
12.3 Presumption and rebuttal. A determination made under Section 12.1 and supported by one or more of the sources in Section 12.2 is presumed correct. You may rebut that presumption by producing evidence that the violation did not occur. We will provide a written statement of the determination and the evidence relied upon within fourteen (14) days after checkout, and you may dispute it in writing within fourteen (14) days after that statement is provided, stating the grounds and attaching supporting evidence. We will consider the dispute and respond in writing.
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13. Why These Amounts
13.1 The parties acknowledge and agree that it would be impracticable and extremely difficult to fix the actual damage caused by an unauthorized occupant, an unauthorized gathering, a violation of quiet hours, smoking, or an unauthorized animal, because that damage includes items that cannot be measured or allocated to a particular reservation. Those items include odor and allergens absorbed into soft goods, upholstery, bedding, window coverings, and finishes; accelerated wear on furnishings, flooring, and fixtures; excess consumption of water, electricity, gas, propane, septic capacity, and pool or spa chemicals; increased cleaning, laundering, waste-removal, and consumable costs; the need to remove the Accommodation from availability while it is remediated; increased risk of latent damage not discovered before the next arrival; complaints, refund claims, and review consequences from later guests; harm to our and the Host's relationships with neighbors and the homeowners association; complaints, citations, and jeopardy to the short-term rental permit on which continued operation depends; and harm to our standing, ranking, and listing status on Third Party Platforms.
13.2 The amounts stated in this Agreement are the parties' reasonable good-faith estimate, made at the time of contracting, of the damage we and the Host would suffer, and are not intended as a penalty or forfeiture.
13.3 Because that damage varies in proportion to the value, size, finish level, soft-goods content, and neighborhood sensitivity of each Accommodation, the amounts are calculated by reference to the nightly rate and the cleaning fee of the particular Accommodation. Certain of that damage does not vary with the nightly rate at all — police and code enforcement response, complaints entering the permit renewal record, and the loss of the neighbor tolerance on which continued operation depends are the same at a modestly priced Accommodation as at an expensive one. That rate-independent damage is reflected in the stated minimum amounts, and the rate-dependent damage is reflected in the multipliers. The two components measure different harms and are not two estimates of the same harm. The lower multiple applied to each animal after the first reflects that a substantial portion of the remediation cost is incurred once, regardless of the number of animals present.
13.4 Election of remedy; no double recovery. For any single category of harm we may recover either the applicable amount stated in this Agreement or our actual damages for that category, but not both. We may make that election at any time before an award or judgment is rendered, including after any ruling concerning the enforceability of an amount.
13.5 Independent severability. Each amount, minimum, and multiplier is a separate and independent provision. A determination that any one of them is unenforceable, in whole or in part, does not affect any other, each of which remains in full force.
13.6 Recovery of actual damages. If a court or arbitrator determines that any amount stated in this Agreement is unenforceable as applied, that amount shall not be enforced, and we may instead recover our actual damages arising from the same conduct. You agree that the acknowledgments in Sections 6 and 13.1 are admissible on the nature and extent of those actual damages. A determination that an amount is unenforceable is not a waiver or release of the underlying conduct and is not a bar to recovery of actual damages for it.
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14. Damage Waiver
14.1 No separate charge. No separate damage waiver fee is charged. We allocate Seven Dollars ($7.00) per night of the reservation out of the rental rate paid to fund the damage waiver described in this Section. Because the allocation is made out of the rental rate, it does not increase the total amount payable and does not appear as a separate line item.
14.2 Coverage limit.One Thousand Five Hundred Dollars ($1,500.00) in the aggregate per reservation for reservations with a check-in date before September 1, 2026, and Two Thousand Dollars ($2,000.00) in the aggregate per reservation for check-in on or after that date. The limit applies to the reservation as a whole regardless of the number of occupants or incidents.
14.3 What is covered. Subject to Sections 14.4 and 14.5, we waive, on our own behalf and on behalf of the Host, the right to recover from you the cost of accidental, unintentional physical damage to the Accommodation or its contents caused during the reservation period, up to the limit.
14.4 What is not covered. (i) intentional, willful, reckless, or malicious damage; (ii) damage resulting from gross negligence; (iii) damage arising out of or occurring in connection with any violation of Sections 7, 8, or 9; (iv) damage caused by smoking or vaping, or by an unauthorized animal; (v) theft, disappearance, or unexplained loss of any item, including linens, towels, electronics, appliances, artwork, décor, keys, remotes, or access devices; (vi) damage caused by any person not in your party; (vii) damage to the structure, roof, foundation, plumbing, electrical, HVAC, septic, pool, or spa systems, or to landscaping, except by direct accidental impact; (viii) damage existing before check-in, and ordinary wear; (ix) fines, penalties, citations, and the third-party costs described in Section 8.3; (x) cleaning in excess of standard departure cleaning; (xi) damage not reported as required by Section 14.5; and (xii) any amount in excess of the limit.
14.5 Reporting. Report any damage as soon as reasonably possible after it occurs and in any event before checkout, or, for damage that could not reasonably have been discovered before checkout, promptly upon discovery. Damage not reported as required is not covered.
14.6 Not insurance. The damage waiver is not insurance and is not a contract of insurance. It provides no coverage for your personal property, injuries, or liability, and does not limit your responsibility for damage it does not cover, including any amount above the limit.
14.7 Administration. We administer the damage waiver and determine, in our reasonable and good-faith judgment, whether damage falls within Section 14.3 and outside Section 14.4, and may require photographs, invoices, repair estimates, or vendor reports. Our determination is subject to the procedure in Section 12.3. The damage waiver has no cash value, is not transferable, is not refundable, does not carry over between reservations, and terminates at checkout.
14.8 Complete terms. This Section states the complete written terms, limits, and exclusions of the damage waiver. No other terms, limits, or exclusions apply.
15. Property Damage and Loss Prevention
15.1 A written or video inventory may be taken before your stay. You must notify us of any damage to the Accommodation, contents, fixtures, or fittings occurring during your stay, even if you regard it as minimal, as normal wear, or as not your fault. Damage you do not report is your responsibility on a full replacement cost basis.
15.2 You agree to take the following precautions:
Water. Inspect the washing machine, refrigerator, water heater, air conditioner, and major appliances during your stay for kinks, cracks, or damage to drain lines or water hoses. When leaving for an extended period, turn off the main water valve and drain the pipes, or leave the dwelling heated to at least 60°F. In a mountain climate where temperatures fall below 60°F, leave indoor and outdoor pipes dripping. Check around sinks and toilets for leaks and report them.
Fire. Ensure a fire extinguisher is present in the kitchen before cooking with heat or flame. Do not overload electrical outlets or extension cords. Do not block a baseboard heater. Never leave candles unattended.
Property. Close the garage door at night and lock your vehicle. Notify us of any dead or damaged tree that may present a danger.
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16. Fees, Payment, and Identification
16.1 You agree to pay all accommodation fees and taxes without deduction or offset, and to pay the cost of any damage and any fee, cost, or expense incurred by the Host or Air Concierge as a result of your failure to vacate on time, including loss of a subsequent booking.
16.2 Fees under this Agreement are due within seven (7) days after written notice. You authorize us to charge the payment method used for the reservation or otherwise on file, to submit a request through a Third Party Platform's resolution or damage-claim process, and to apply any deposit or hold, in each case up to the amount due. This authorization survives checkout. We may pursue any unpaid balance directly.
16.3 Identification. We may ask the person who booked to provide, before check-in, a government-issued photo identification showing name and date of birth, with the residential address and any identification number redacted, where (i) a local ordinance, short-term rental permit condition, or Third Party Platform requirement calls for it, or (ii) we have a reasonable basis to verify identity or age. We do not require, and ask that you not send, a copy or image of the payment card used for the reservation.
16.4 Privacy. We use identification provided under this Section solely to verify identity, age, and eligibility to book. We do not use it for marketing, do not sell it, and do not share it except as required by a governmental authority or a Third Party Platform. We store it in access-controlled systems and delete it within thirty (30) days after checkout. Our collection and handling of personal information, and the rights available to you, are described in our Privacy Policy.
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17. Safety, Conduct, Liability, and Indemnity
17.1 You have primary responsibility for your own safety and that of anyone you allow at the Accommodation. Read any fire or health and safety guidance provided and raise any concern with us immediately.
17.2 In addition to the rules above, you agree that you will not: conduct any illegal activity at the Accommodation; conduct any business or commercial activity; make any alteration or addition; use the Accommodation for any purpose other than personal accommodation; obstruct common areas; do anything constituting a nuisance, damage, annoyance, or disturbance to neighbors or occupiers of neighboring property; or publish anything that would allow a third party to identify the address of the Accommodation or the identity or personal information of the Host.
17.3 Assumption of risk and release. Use of the Accommodation and its amenities, including any pool, spa, or equipment, involves inherent risks including personal injury, property damage, and loss. You assume those risks on behalf of yourself and everyone in your party, and release the Host, Air Concierge, and their representatives, employees, and agents (the "Released Parties") from claims for personal injury, property damage, or loss arising from use or occupancy of the Accommodation, except for claims resulting from gross negligence, willful misconduct, or violation of applicable law. You represent that you have authority to bind everyone in your party to this release.
17.4 Indemnity. You agree to indemnify, defend, and hold harmless the Released Parties from claims, damages, losses, liabilities, judgments, and costs brought by or on behalf of anyone in your party, or arising from your party's use or occupancy of the Accommodation, any negligent or intentional act or omission of your party, or misuse of the Accommodation or its equipment. This obligation does not apply to claims arising from the Released Parties' gross negligence, willful misconduct, or violation of applicable law. You are responsible for the reasonable legal fees and costs incurred by the Released Parties in defending a third-party claim within the scope of this Section; attorney fees as between you and Air Concierge are governed by Section 18.4.
17.5 Limit of liability.The total liability of the Host and Air Concierge for any claim arising from this Agreement or your use of the Accommodation shall not exceed the total rental rate paid for the reservation, except where such limitation is prohibited by law. This is the only limitation of liability in this Agreement and it controls over any other provision.
17.6 In no event will Air Concierge be liable for any special, incidental, punitive, exemplary, or consequential damages of any kind in connection with this Agreement, even if informed in advance of the possibility of such damages.
17.7 The Accommodation is a private residence. Neither Air Concierge nor the Host is responsible for accidents, injuries, illness, or loss of personal belongings or valuables. You are responsible for obtaining any travel or rental insurance you consider appropriate.
17.8 DISCLAIMER OF WARRANTIES. THE ACCOMMODATION AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER APPLICABLE LAW.
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18. Dispute Resolution
18.1 Mediation. You and Air Concierge agree to mediate any dispute or claim arising out of this Agreement before resorting to arbitration or court action, sharing mediation fees equally. If a party commences an action without first attempting mediation, or refuses to mediate after a request, that party shall not be entitled to recover attorney fees. The exclusions in Section 18.6 apply.
18.2 Arbitration. Any dispute or claim in law or equity arising out of this Agreement or any resulting transaction that 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 ten (10) years of business law experience, unless the parties agree otherwise. The parties shall have the right to discovery under Title 9 of Part 3 of the California Code of Civil Procedure. Judgment on the award may be entered in any court having jurisdiction. Enforcement of this agreement to arbitrate is governed by the Federal Arbitration Act. The exclusions in Section 18.6 apply.
18.3 Individual arbitration; class waiver. Arbitration shall proceed on an individual basis only. Neither party may bring a claim as a plaintiff or class member in any class, collective, consolidated, or representative proceeding, and the arbitrator may not consolidate the claims of more than one person or preside over any form of class or representative proceeding. If a court determines this waiver is unenforceable as to a particular claim, that claim and only that claim shall be severed and resolved in court, and all remaining claims shall be arbitrated. A court, not the arbitrator, decides the enforceability of this Section 18.3; all other questions of arbitrability are for the arbitrator.
18.4 Attorney fees. In any proceeding arising out of or relating to this Agreement, the prevailing party is entitled to recover reasonable attorney fees and costs, including expert fees. This Section governs the recovery of attorney fees in any dispute between the parties and controls over any other provision.
18.5 Effect; no modification of this Section. By agreeing to arbitration the parties are giving up the right to have any dispute subject to this Section decided in court by a judge or a jury, other than the matters excluded in Section 18.6. The terms of this Section 18 in effect on the date the reservation is confirmed govern any dispute, and are not subject to the amendment right in Section 20.4. Any change to this Section applies to future reservations only.
18.6 Exclusions. Any matter within the jurisdiction of a probate, small claims, or bankruptcy court is excluded from the requirement to mediate and arbitrate. The filing of a court action to obtain an order of attachment, receivership, injunctive relief, or other provisional remedy does not waive or violate these provisions.
18.7 Governing law and venue. This Agreement is governed by the laws of the State of California, with venue for non-arbitrated matters in San Diego County, California, subject to Section 19.
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19. Accommodations Located in Washington
19.1 This Section applies to a reservation for an Accommodation located in the State of Washington and modifies the other provisions of this Agreement as to that reservation. Where it conflicts with any other provision, this Section controls.
19.2 Air Concierge Inc. conducts business in the State of Washington as Air Concierge Washington, Inc.
19.3 Non-waivable Washington law. Nothing in this Agreement waives, limits, or is intended to waive or limit any right you or anyone in your party has under Washington law that may not be waived by agreement, including the Washington Consumer Protection Act, chapter 19.86 RCW. Section 18.7 is modified accordingly. Where a provision is unenforceable under Washington law as applied to a Washington Accommodation, it is enforced to the fullest extent Washington law permits and the remainder of this Agreement remains in effect.
19.4 Venue and arbitration seat. For a Washington Accommodation, you may elect, by written notice given with or before any demand for arbitration, that the arbitration be seated, and any excluded matter be venued, in the county in which the Accommodation is located rather than in San Diego County, California.
19.5 Washington short-term rental requirements. The Accommodation is offered as a short-term rental under chapter 64.37 RCW. We provide contact information available to respond to inquiries during your stay as required by RCW 64.37.030(1)(a); the information required by RCW 64.37.030(1)(c) is posted in a conspicuous place within the Accommodation; and the Accommodation is subject to the carbon monoxide alarm requirements of RCW 19.27.530. Liability insurance is maintained as required by RCW 64.37.050, either by primary liability insurance of not less than one million dollars ($1,000,000) in the aggregate or by conducting the reservation through a Third Party Platform providing equal or greater primary liability coverage.
19.6 Transient occupancy. For a Washington Accommodation, the reservation is a short-term rental as defined in RCW 64.37.010 — a lodging use other than a hotel, motel, or bed and breakfast offered for fewer than thirty (30) consecutive nights — and is not a tenancy governed by the Washington Residential Landlord-Tenant Act, chapter 59.18 RCW.
19.7 Sex offender information. Information concerning registered sex offenders in Washington is available from the sheriff's office of the county in which the Accommodation is located and through the Washington Association of Sheriffs and Police Chiefs. The California Megan's Law reference in Section 20.8 does not apply to a Washington Accommodation.
19.8 A reservation of thirty (30) nights or more for a Washington Accommodation is not governed by this Agreement and requires our separate Washington long-term rental agreement.
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20. General
20.1 Notices. Every notice under this Agreement must be in writing. Notice to us is effective when sent by message through the Third Party Platform, by electronic mail to adminteam@airconcierge.net, or when delivered by mail to Air Concierge Inc., PO Box 235320, Encinitas, CA 92023. Notice to you is effective when sent by message through the Third Party Platform, or by electronic mail or text message to the address or number in your reservation details, and you shall keep that contact information current during the reservation and for sixty (60) days after checkout. A notice sent by platform message, electronic mail, or text message is deemed received on the day sent if sent before 5:00 p.m. Pacific time on a business day, and otherwise on the next business day. A notice sent by mail is deemed received three (3) business days after mailing. Every period in this Agreement that runs from a notice is measured from the date the notice is deemed received.
20.2 Authority. You represent that you have the power to enter into this Agreement, that you are at least twenty-five (25) years of age, that you will occupy the Accommodation for the entire reservation, and that you are not booking on behalf of an undisclosed occupant.
20.3 No set-off; no assignment by you. You may not withhold by set-off, deduction, or counterclaim any amount you owe against any amount that may be owed to you. This Agreement is personal to you and may not be sublet, resold, relisted, assigned, or transferred. The Host and Air Concierge may assign or subcontract their obligations.
20.4 Amendment. We may amend this Agreement by posting an updated version on this page and updating the "Last Updated" date. Any amendment is prospective only: it applies to reservations confirmed after the amendment is posted, and does not apply to a reservation already confirmed, to conduct that has already occurred, or to a dispute that has already arisen. No amendment applies to Section 18. This Section is the only provision by which we may amend the terms applicable to you, and it controls over any other provision addressing modification or amendment.
20.5 Entire agreement. This Agreement, together with the House Rules for the Accommodation, the Third Party Platform Terms, and any rental agreement you have signed, is the entire agreement between the parties relating to its subject matter and supersedes all prior marketing materials, representations, understandings, and agreements, whether written or oral. Conflicts among those documents are resolved under "Which Terms Control" above.
20.6 Severability. If any provision is held invalid or unenforceable, the remaining provisions continue in full force. If a provision would be valid if limited, it shall be construed and enforced as so limited.
20.7 Waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.
20.8 Disclosures. Information on registered sex offenders in California is available at the California Megan's Law website. For Accommodations built before 1978, any known lead-based paint or hazard is disclosed. Any known active pest infestation, and any pest treatment scheduled during the reservation, is noted in the listing or House Packet or available on request. Transient occupancy tax applies to short-term rentals and is included in the rental rate or charged separately. Accessibility features vary from property to property, and each Accommodation is a private residence built to residential building codes; if anyone in your party has specific accessibility needs, contact us before booking so we can describe the features of the Accommodation.
20.9 Survival. The rights and obligations of the parties survive the expiration or termination of this Agreement.
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Air Concierge Inc. · California License #02163450 · Washington State License #604678687
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