1. AGREEMENT: Moonlight Mesa Retreats (MMR), an agent for the owner of the property, and Guest agree as follows: Guest is an adult and will be an occupant of the unit during the entire reserved period. Other occupants will be family members, friends, responsible adults or children under direct adult supervision and must be paid guests under the reservation. No guests other than those taken under the reservation are allowed on the property without notifying management. The guest understands that this is a short term rental agreement for the dates booked not to exceed 30 days and not a lease for the property booked and holds no tenant rights to said property other than occupancy for the booked dates. MMR reserves the right to inspection without notice and will enforce occupancy limit, pet policies, party or gathering restrictions and local noise ordinances. NO PARTIES OF ANY KIND. Use of the premises will be denied to persons not falling within the foregoing categories and as a result they would have to vacate the property without any refund. Any complaints from neighbors regarding excessive noise or other nuisances may be cause for immediate termination of the rental agreement and forfeiture of the guest’s security deposit and rents. THIS IS STRICTLY ENFORCED.
2. PAYMENT & SECURITY DEPOSIT: We accept credit card, Paypal or check. MMR will take and hold Guest’s credit card information on file. Provided that real and personal property are in the same condition as when occupancy commenced and all terms of this agreement are met, Guest’s credit card will be credited for the security deposit taken. There is a check-out sheet located in the information binder of each home, each item listed on this sheet must be done in order to receive your deposit back (loading dishwasher, taking out trash, wiping down counters, turning off heater or air conditioner, closing and locking all windows and doors, and picking up after your pets). Guest is liable for all replacements and repairs that are outside what is considered normal wear and tear and Tenant hereby authorizes MMR to charge the Guest’s credit card to cover said costs. If cost of replacement or repairs exceeds the tenant’s security deposit, Guest agrees to pay the difference to MMR. In the event of a dispute concerning a security deposit, arguments to be heard in the jurisdiction where the property exists.
3. CANCELLATION: Reservations are considered booked when the guest’s credit card information is received. To cancel this reservation, notice of cancellation must be in writing and received more than 14 days prior to your check-in date and 60 days for holidays. MMR will refund the sums you have paid, less a cancellation fee of $35. If your notice of cancellation is received less than above stated terms, Guest will forfeit all sums paid, except the security deposit, unless we are able to re-rent the property to someone else, at the same rate for the same period. In the event the property is re-rented for less than the original amount of rent, canceling Guest will receive the balance of his/her advance rental payment less the $35 cancellation fee. Guest hereby authorizes MMR to charge Guest’s credit card for any outstanding balances for reservations cancelled less than 14 days or 60 days for holidays prior to check-in date.
4. PETS: Pets are not allowed in, at, or around our rental properties except for The Rio and Desert Casa homes. An additional non-refundable security deposit of $30 per pet will apply and by agreeing to this rental agreement, you are also agreeing to the following terms for pets: You are required to pick-up after your pets. Pets are not allowed on the furniture inside or outside of the home, beds included. If there is evidence of your pet being on the bed or furniture, additional cleaning fees will apply. If your pet(s) stains sheets/bedding, damages furniture, screen doors, entry doors, floors, carpets, rugs, decks etc., you will be charged for replacement cost, labor and administrative fees involved in the repair or replacement of the damaged item(s).
5. SMOKING: Smoking is not allowed in any of our rental homes. Please find ashtrays outside and empty them when you leave. If there is evidence of anyone smoking in the house, you will be charged an additional $100 cleaning fee.
6. CHECK-IN: Check in time is 3:00 p.m. on your day of arrival. There are no exceptions to this. Please respect this and allow for our cleaner to properly prepare the house for your stay.
7. CHECK-OUT: Check out time is 11:00 a.m. on your day of departure. A $75.00 fee will be charged for each 1/2 hour past the required checkout time, as we often have guests leaving and arriving the same day which leaves our cleaner a small amount of time to clean. Sorry, there are no exceptions to this. Each rental unit has a check-out procedure list posted inside of the house. Please read, and follow the check out directions prior to departure.
8. CLEANING: Each property will be inspected, sanitized and cleaned after your departure. You are required to leave the property in the same general condition that you received it (see section 2 above for check-out procedures). You are expected to clean up after yourself and the people in you group. All surfaces such as counter tops, stovetops, floors, barbecues, outdoor tables and furniture is to be wiped down and left without food, grease and drink. All garbage is to be emptied and brought out to the trash cans supplied at each house. If you have pets (Rio and Casa only) you must pick up after them. If additional cleaning is required, appropriate charges will be deducted from your security deposit at a rate of $50.00 per hour at a one hour minimum. MMR has and maintains the right to deem what is or is not considered to be clean. We ask that you be respectful and leave the house in the same general condition you found it in to avoid additional charges.
9. WHAT WE SUPPLY: The property is, unless otherwise noted on our website, equipped and set up as a fully furnished property that will include bedspreads, linens, blankets, pillows, towels, a fully equipped kitchen, and furnishings. Paper products are supplied, but will not be replaced if consumed. Staples (salt, pepper, foils, wraps, etc) are stocked by the owner of the property. We may not have all the items you may be accustomed to having in your home. If there is a special type of item you are accustomed to using please provide for those items by bringing them with you, or checking with us to see if we do have the item in the home. Occupancy is based on sleeping capacity; each home may not have ample dining/living room seating to match bed capacity. You should bring personal items such as bath soap, shampoo and toiletries.
10. Weather: MMR does not assume any liability for loss, damage or injury to persons or their personal property. Neither do we accept liability for any inconveniences arising from any temporary defects or stoppage in supply of water, gas, electricity or plumbing. Nor will MMR accept liability for any loss or damage caused by weather/road conditions, natural disasters, acts of God or other reasons beyond its control.
11. HOT TUB/POOL: Tenant hereby acknowledges that the undersigned is fully aware that the hot tub/pool and surrounding patio/deck can be dangerous; that the deck/patio can be slippery when wet and that injury is likely to occur to anyone who is not careful. Tenants should observe and adhere to all rules and policies as posted at the property. With full knowledge of the above facts and warnings, the undersigned accepts and assumes all risks involved in or related to the use of the hot tub/pool and deck/patio areas. Children should not be left unattended. Please be respectful of guests coming in after your stay - showering is required before entering hot tubs. If the hot tub is left in a condition that requires a drain and refill, a charge of $75.00 will be taken from your security deposit; it takes 12 hours for the hot tub to reheat and will inconvenience other guests if we have a same day check-in. Showering before use, not placing animals and foreign objects in tub, and keeping the top closed while not in use will prevent extra charges. PLEASE DO NOT STAND OR SIT ON HOT TUB COVERS. All covers are inspected for damage before and after each stay.
12. FILMING/PHOTO SHOOTS: MMR does not allow such activities. If there is evidence that a photo or film shoot took place on the property during your stay, you will be billed $5,000/day location fee for these services.
13. MAINTENANCE: MMR will diligently attempt to address maintenance issues as they occur. There is an associated risk of renting a home. If a maintenance issue occurs that cannot be fixed in a reasonable amount of time, and significantly affects the tenant’s stay; MMR reserves the right to refund at their discretion or relocate guests to another property.
14. EXPRESS INDEMNITY: The undersigned, for himself/herself, his/her heirs, assignors, executors and administrators, fully releases and discharges MMR and the Owner of the property from any and all claims, demands and causes of action by reason of any injury or whatever nature which has or have occurred, or may occur to the undersigned, or any of his/her guests as a result of, or in connection with the occupancy of the premises and agrees to hold MMR and Owner free and harmless of any claim or suit arising there from. In any action concerning the rights, duties or liabilities of the parties to this agreement, their principals, agents, successors or assignees the prevailing party shall be entitled to recover reasonable attorney fees and costs.
15. Time is of the essence. All prior agreements between owner and tenant are incorporated in this Agreement, which constitutes the entire contract. It is intended as a final expression of the parties’ agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Agreement. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this 16. Agreement. The waiver of any breach shall not be construed as a continuing waver of the same or any subsequent breach. This Agreement shall be governed and construed in accordance with the laws of the State of California. California shall have personal jurisdiction over the parties and the county in which the Premises is located shall be the forum for any legal action brought in relation to this Agreement.
17. Please fill out this form completely. All the information must match the information given at the time of your reservation. The undersigned has read and understands the terms and conditions of this agreement:
Moonlight Mesa Retreats
Short Term Rental Contract
P.O. Box 1823
Joshua Tree, CA 92251