Terms & Conditions / Guest Booking Agreement
Luxury Desert Escapes, LLC
Terms
This Agreement governs the occupancy and use of the California vacation rental property identified below by the Primary Guest and all other Guests. Luxury Desert Escapes, LLC primarily operates properties in California desert communities, and certain Properties may also include or provide access to beaches, lakes, ponds, docks, or similar waterfront amenities. Luxury Desert Escapes, LLC ("LDE" or "Manager") operates and manages vacation rental properties exclusively in California’s desert communities. By completing a Booking with LDE, Guest agrees to this Agreement, all Property-specific House Rules, the House Manual, applicable platform terms, LDE’s Privacy Policy, and any separately executed addenda or amenity waivers.
PART I — BOOKING DETAILS
The following variable terms apply to this specific reservation.
Reservation Details
Primary Guest Name: {GUEST_NAME}
Primary Guest Phone Number: {GUEST_PHONE}
☐ I agree to receive text messages from Luxury Desert Escapes LLC about my inquiry, reservation, and stay, including requested links, confirmations, and guest-support updates. Message frequency varies. Message and data rates may apply. Reply STOP to unsubscribe or HELP for assistance. Consent is not a condition of purchase. See our Privacy Policy and SMS Terms.
Property Address: {PROPERTY_ADDRESS}
Property Name: {PROPERTY_NAME}
Check-In: {CHECK_IN_DATE}
Check-Out: {CHECK_OUT_DATE}
Maximum Occupants: {MAX_OCCUPANCY}
Total Cost of Stay: {TOTAL_COST}
Agreement Executed: {AGREEMENT_DATE} at {AGREEMENT_TIME}
Terms defined in this Part I are incorporated into and form part of this Agreement upon execution.
PART II — DEFINED TERMS
The following terms have the meanings set out below whenever used in this Agreement. Capitalized terms not defined in this Agreement have the meanings assigned in the applicable Listing, House Rules, House Manual, or other documents incorporated into this Agreement.
"Agreement": This Guest Booking Agreement, together with all incorporated documents and policies, including the Listing, Site Terms of Use, Privacy Policy, House Rules, House Manual, Concierge Services provisions, payment-plan terms, and any Property-specific addenda or amenity waivers.
"LDE" or "Manager": Luxury Desert Escapes, LLC, acting on its own behalf and, where applicable, as the authorized property manager and agent of Owner.
"Booking": Guest's requested license to use the Property on the terms specified in this Agreement.
"Booking Date": The date and time at which Guest’s requested reservation is accepted by LDE or confirmed through an OTA.
"Booking Fee": The transaction fee that becomes non-refundable after the period described in this Agreement.
"Guest": {GUEST_NAME} and all other guests and visitors present at the Property during the Booking. All references to "Guest" apply jointly and severally to each individual.
"Laws": Applicable federal and California laws; county and city requirements; permit conditions; HOA rules; and other restrictions governing the Property or the Booking.
"Property": The California vacation rental property identified by its address in Part I, together with its furnishings, fixtures, amenities, grounds, approved common areas, and any included beach, lake, pond, dock, or waterfront access described in the Listing.
"Owner": The legal owner of the Property for whom LDE may act as authorized manager and agent.
"Listing": The information presented on the OTA that is used by the Guest to book the Booking regarding the Property.
"Booking Period": The approved period between the Check-In and Check-Out details described in Part I.
"Guest-Caused Damages": Expenses for: (i) unpaid amounts owed to LDE under this Agreement, including due to Holdover; (ii) repair or replacement of any part of the Property beyond ordinary wear and tear caused by Guest or their invitees; (iii) excessive cleaning needed to restore the Property beyond ordinary and approved uses of any part of the Property; (iv) utility costs in excess of normal use, (v) fines and violations assessed against LDE or Owner due to a violation of this Agreement or Laws, (vi) non-sufficient funds or credit card charge disputes despite receiving services pursuant to this Agreement, or (vii) other exceptional expenses attributable to Guest's Booking or to Guest's violations of this Agreement, without limitation.
"Holdover": Occupancy of the Property beyond the Check Out date and time listed in Part I without LDE’s prior written consent.
"HOA": Any homeowner association, condominium association, or similar body whose rules govern the Property.
"House Manual": Printed or posted notices and documents displayed or made available throughout the Property regarding proper use of the Property.
"House Rules": The general occupancy and use rules set out in any Property-specific House Rules and the House Manual that is provided to the Guest in the Listing as of the Check-In, or as thereafter amended in writing to the Guest by LDE, including descriptions of such rules included in the Listing.
"OTA": Any third-party online travel agency or booking platform through which a reservation is made, including Airbnb, Vrbo, or a similar platform.
"Taxes": Sales, use, transient occupancy, lodging, tourist, hotel, city, or other indirect taxes imposed on the booking or ancillary services.
"Total Cost of Stay": The total price of your Booking, including the nightly rate, cleaning fees, resort or amenity fees, applicable Taxes, and any other charges disclosed at checkout, but excluding optional add-ons elected after booking and refundable damage deposits, which are addressed separately.
PART III — PAYMENT & LICENSE
3.2 Guest's Payment
(a) All-in-one Pricing. Guest recognizes that the marketed and reserved rate includes a variety of mandatory fees and charges, including, but not limited to, Taxes, resort fees, amenity fees. LDE will collect and remit applicable occupancy Taxes to government authorities as required by law.
(b) Additional Charges. LDE may charge and collect additional amounts for Agreement modifications, additional Guest requests, or Guest-Caused Damages. Any additional services or modifications will be confirmed by amendment or invoice.
(c) Timing. Guest agrees to pay the Total Cost of Stay in full before LDE will provide check-in instructions. Unless otherwise agreed in writing, Guest is responsible for the full Booking cost at the time of making the reservation. Amounts not paid by the due date may incur a late charge of the lesser of: (i) 10% of the overdue amount, or (ii) the maximum permitted by law.
(d) Payment Plans. LDE may offer payment plans or financing options through third parties for the Guest to pay for the Total Cost of Stay. In the event such an option is indicated above in Part I, Guest's failure to make any payment by the deadline for any portion of the payment plan or financing may, at LDE’s discretion, be deemed a cancellation by the Guest and thereby subject to refunds as if cancellation occurred on the date immediately following the missed due date. The payment plan is further defined in the Payment Plan Addendum.
(e) Credit Card Transactions. If Guest pays by credit or debit card, Guest authorizes LDE and its payment processor to charge the Total Cost of Stay in a lump sum or according to the agreed payment schedule. Guest acknowledges and understands that LDE may not manage or control payment processing on other OTAs. Guest acknowledges, agrees, and authorizes LDE to charge the payment method on file for Guest-Caused Damages, unpaid rent, fines, violations, excessive cleaning, replacement costs, lost keys or access devices, lockouts, unauthorized occupants, late check-out, holdover, additional services, and post-stay adjustments, after providing written notice and reasonable supporting documentation. Guest understands that a Guest-initiated reversal of charges in violation of this Agreement may result in late fees, reimbursement of costs, and attorney's fees incurred by LDE to collect amounts owed by Guest under this Agreement, to the extent permitted by law.
(f) Credit Card on File Required. A valid major credit card in the Primary Guest’s name must remain on file throughout the Booking and for a reasonable period after Check-Out to secure payment of incidentals, Guest-Caused Damages, fines, additional services, and post-stay adjustments. Failure to provide or maintain a valid credit card on file may result in cancellation of the Booking or denial of check-in.
3.1 License to Occupy
(a) Grant of Limited License. In exchange for full payment of the Total Cost of Stay and Guest's obligations contained in this Agreement, LDE grants Guest a limited, non-exclusive, revocable license to occupy the Property solely as a personal vacation rental for the duration of the stay. This Agreement does not create a tenancy, lease, or any other property right. Unless LDE gives prior written consent, Guest may not use the Property for any commercial purpose, including photography or filming, or sublet or assign the Property. No event, party, commercial gathering, or attendance exceeding the reservation’s authorized occupancy is permitted unless approved in writing and governed by a separate Event Agreement. In no event shall the Property be used for any activity in violation of the Laws. Guest is not permitted to enter gated or locked areas, mechanical or equipment access areas, or areas marked as restricted, prohibited, staff-only, or otherwise reasonably expected not to be for use by guests. LDE may terminate Guest's license to use or access the Property immediately upon notice of a material breach of this Agreement.
(b) Maximum Occupancy. Guest must not exceed the Maximum Occupancy limits set out in Part I. Unauthorized guests or visitors beyond the maximum: (i) may result in immediate revocation of the license and removal from the Property (consistent with applicable law), (ii) will not entitle Guest to a refund, and (iii) may incur a penalty of $500 per unauthorized person. Guest is responsible for ensuring all members of the party comply with this limit.
(c) LDE’s Right of Entry. LDE retains full legal, possessory, and access rights to the Property at all times. Guest acknowledges that no notice is required (i) in the case of an emergency to protect persons or the Property, or (ii) to confirm material violations of the House Rules where prior notice would defeat the purpose of entry. LDE will provide notice in accordance with applicable law in (iii) in the case of repairs, maintenance, or delivery of agreed services, (iv) showing the Property to prospective buyers or authorized inspectors, and (v) all other cases.
(d) Late Check-Outs and Holdovers. The Guest's license automatically expires at the Check Out time defined in Part I, unless otherwise permitted by LDE in writing. Unauthorized late check-outs will be charged an additional full-day rate at the current listed nightly rate. A failure to vacate at the Check Out defined in Part I will be deemed a Holdover and may result in immediate removal of all persons and belongings consistent with applicable law, including with law enforcement assistance. In the event of a Holdover, the Guest will be charged two (2) times the undiscounted listed daily rate for each 24-hour period (or portion thereof) of Holdover, plus costs of refunds or alternative housing for displaced guests, applicable Taxes, and legal fees and costs.
(e) Compliance with Regulations. Guest agrees to comply with all applicable federal and California laws, Riverside County requirements, city ordinances, permit conditions, HOA rules, noise restrictions, occupancy limits, parking rules, and other restrictions governing the Property. Guest will reimburse Luxury Desert Escapes, LLC and Owner for fines, penalties, charges, or costs resulting from Guest’s violations. A violation may result in: (i) immediate cancellation of the Booking; (ii) removal from the Property consistent with California law, including law-enforcement assistance if necessary; and (iii) contractual charges or reimbursement obligations up to $15,000 where reasonably related to the violation, resulting loss, governmental fine, or enforcement cost. No refund will be issued for removal due to rule violations.
PART IV — CANCELLATION AND FORCE MAJEURE
4.1 Guest Cancellation Policy
(a) Unless a Property-specific Listing or written addendum expressly states different terms, the following Guest Cancellation Policy applies. If reservation dates are modified, all cancellation deadlines remain measured from the original scheduled Check-In date unless Luxury Desert Escapes, LLC ("LDE") expressly agrees otherwise in writing.
More than 60 days: Refund of amounts paid, less a cancellation and processing fee equal to 10% of the Total Cost of Stay when any portion of the reservation was paid by credit card, or 3% of the Total Cost of Stay when the reservation was paid entirely by wire transfer, bank transfer, or cashier's check.
60 through 30 days: 50% refund of the Total Cost of Stay. The remaining 50% is non-refundable and will be retained as the cancellation fee.
Fewer than 30 days: Non-refundable. No refund will be issued, and all amounts paid or due remain fully owed and non-refundable.
(b) For reservations paid using multiple payment methods, the 10% cancellation fee applies if any portion was paid by credit card. Guest-requested changes to dates, Property, length of stay, occupancy, or other reservation details are subject to availability and LDE approval and do not restart, extend, or waive any cancellation deadline unless LDE expressly agrees otherwise in writing.
4.2 Cancellation by LDE
(a) If the Property becomes unavailable before check-in for any reason, including safety, utilities, maintenance, guest holdover, weather or inaccessibility, accidental double booking, ownership changes, permitting, licensing, or regulatory requirements, LDE may offer a reasonably comparable substitute Property. Guest may accept the substitute or decline it and receive a full refund of amounts paid for the unavailable Booking. If no reasonably comparable substitute is available, LDE may cancel the Booking and provide a full refund of amounts paid. If the Property becomes unavailable after check-in, LDE may offer a substitute Property or provide a prorated refund for unused nights, as appropriate under the circumstances and applicable law.
4.3 Force Majeure
(a) LDE is not responsible for and will not provide refunds for events outside its reasonable control, including, but not limited to: (a) construction, landscaping, traffic, festivals, aircraft, neighbors, environmental noise, or odors originating outside the Property; (b) personal emergencies of Guests or travel delays not caused by LDE; (c) desert heat, high winds, dust, blowing sand, rain, flash flooding, wildfire smoke, or other weather not resulting in a mandatory evacuation order specifically affecting the Property; (d) internet, cable, electrical, gas, or water-service interruptions originating outside the Property; (e) government actions or controls not specifically requiring closure of or prohibiting Guest access to the Property; or (f) acts of God, fire, flood, earthquake, accident, storm, strike or labor dispute, shortages of supplies or labor, pandemics, acts of war, terrorism, or similar events.
(b) Notwithstanding the foregoing, if a government authority issues a mandatory evacuation order specifically requiring closure of or prohibiting Guest access to the Property, Guest is entitled to a pro-rated refund for unused nights of the stay.
PART V — BOOKING AND CHECK-IN PROCEDURES
5.1 Third-Party Booking Platforms
(a) If Guest reserves through an OTA, the OTA's terms and conditions also apply to the Booking and, in the event of conflict with this Agreement, will control. Additional terms applicable to specific transactions or services will be set out in a separate agreement or amendment; those terms will control over this Agreement in the event of conflict.
5.2 Identity Verification Requirement
(a) To protect against fraud, unauthorized bookings, and safety risks, the Primary Guest must complete identity verification through Safely, an LDE-operated verification portal, or another verification provider selected by LDE. Verification may require upload of a valid government-issued photo identification, a selfie, contact information, and payment-method information. The Primary Guest must be present during the Booking unless LDE approves otherwise in writing. If identity verification is not timely completed, cannot be verified, or presents a material risk indicator, LDE may refuse service or cancel the Booking. Any refund will be determined under the applicable cancellation policy and OTA requirements. LDE may waive or modify this requirement where an OTA provides verification acceptable to LDE.
5.3 Verification Data and Privacy
(a) Guest consents to the collection, use, disclosure, and processing of information reasonably necessary to process the Booking, verify identity, prevent fraud, communicate with Guest, provide services, enforce this Agreement, and protect Guests, LDE, Owner, and the Property, in accordance with LDE’s Privacy Policy. Identity verification may be completed through Safely, LDE’s internal systems, an OTA, or another approved provider and may require a government-issued photo ID and selfie or facial comparison. LDE may refuse or cancel a Booking when identity cannot be adequately verified. LDE does not sell biometric information. Third-party verification and payment providers process information under their own privacy terms. Guest acknowledges and agrees that LDE’s Privacy Policy is incorporated into this Agreement by reference.
5.4 Text Messaging
(a) Luxury Desert Escapes LLC uses your mobile number, relevant inquiry and reservation information, and messaging preferences to provide guest-support communications when you consent. Messages may include requested links, reservation confirmations, check-in and checkout information, and stay-related assistance.
(b) We do not sell or rent mobile information. Mobile information will not be shared with third parties or affiliates for marketing or promotional purposes. SMS opt-in data and consent are not shared for third parties’ independent use. Providers supporting message delivery and customer service may process this information solely on our behalf.
(c) We retain messaging and consent records as necessary to provide support, honor your preferences, and meet legal obligations. Reply STOP to unsubscribe or HELP for assistance. You may also call (442) 241-1050. Message frequency varies. Message and data rates may apply.
5.4 Check-In Instructions
(a) Check-in instructions will be sent on or before the Check-In described in Part 1. Check-in is conditional on: (i) full payment of the Total Cost of Stay; (ii) completion of identity verification by the Primary Guest defined in Part I; (iii) execution of any required HOA documents and on-site amenity waivers specific to the Property; and (iv) execution of this Agreement. Failure to complete any required steps may result in Guest Cancellation described in Section 4.1.
5.5 Early Check-In & Late Check-Out
(a) Due to the potential for back-to-back bookings and ensuring our team has time to prepare the Property for each guest, unless specifically requested by the Primary Guest and approved by LDE, the Check-In and Check-Out times will be as stated in the Listing. A failure to abide by the stated time in the Listing may result in additional charges.
PART VI — PROPERTY CONDITION AND MAINTENANCE
6.1 Property Description
(a) Luxury Desert Escapes, LLC endeavors to ensure that all Property descriptions and Listing materials accurately describe the Property and its features, including any advertised beach, lake, pond, dock, or waterfront access. No warranty, express or implied, is made as to the specific physical condition of items subject to ordinary wear and tear. The Property will be delivered in condition substantially consistent with the Listing description at the time of booking. Guests are advised to evaluate the Listing thoroughly for natural or man-made conditions and accessibility limitations. LDE makes no representation or warranty that a Property is suitable for a particular Guest’s mobility, visual, or other accessibility needs. Unless the Listing expressly states otherwise, Guest should assume the Property has not been retrofitted with ramps, rails, elevators, curbless entries, or other accessibility accommodations.
6.2 Arrival Inspection
(a) Guest has not viewed the Property prior to booking. Upon arrival, Guest must inspect the Property and immediately report in writing any item not in operating condition or in disrepair. Failure to report a problem promptly may result in Guest being held responsible for related damage. Reporting a repair need does not entitle Guest to cancel the reservation or receive a refund.
6.3 Guest Care of Property
(a) Guest will properly use, operate, and safeguard the Property, including landscaping, furniture, appliances, and mechanical, electrical, gas, and plumbing fixtures, and will keep them clean and sanitary. Guest is responsible for damage (excluding ordinary wear and tear) from misuse or exceptional use of the Property, including drain blockages caused by Guest's actions or negligence.
6.4 Maintenance
(a) LDE will maintain the Property in a condition suitable for transient occupancy as required by applicable California and local law. LDE will make reasonable efforts to address reported maintenance issues promptly but cannot guarantee resolution during the Booking. If the Property becomes legally uninhabitable during the Booking, LDE will follow Section 4.2 (Cancellation by LDE).
6.5 Cleaning
(a) The Property is delivered in professionally cleaned condition. LDE does not provide nightly housekeeping or turndown service. Mid-stay cleaning may be arranged for an additional fee through customer support. Excessive uncleanliness requiring additional cleaning time will be considered Guest-Caused Damages.
6.6 Natural Conditions and Weather
(a) Guest acknowledges that California Properties may be affected by natural, seasonal, environmental, and waterfront conditions, including extreme heat, high winds, blowing sand or dust, rain, flash flooding, insects, snakes, wildlife, palm debris, landscaping conditions, algae, fluctuating lake or pond levels, currents, waves, tides, shoreline conditions, slippery docks, and changing water quality or access. Guest shall use due care and comply with all posted warnings, House Rules, and instructions. Amenities or access areas may be temporarily limited, closed, or shut down when LDE, Owner, an HOA, a vendor, or a governmental authority determines that maintenance, weather, water conditions, or safety requires it. Except to the extent caused by LDE’s gross negligence or willful misconduct, LDE and Owner are not liable for injury, loss, damage, inconvenience, or amenity interruption arising from such conditions.
6.7 Departure Obligations
(a) Upon departure, Guest must: (i) return all keys and access devices; (ii) vacate the Property and remove all personal property; (iii) vacate all parking and storage areas; and (iv) leave the Property in the same condition as received, less ordinary wear and tear, including closing and securing all windows and doors.
PART VII — SAFETY, SURVEILLANCE, AND SECURITY
7.1 Wireless Internet
(a) Guest understands and agrees that Guest may not tamper with, alter, remove, or interfere with wireless internet equipment, firmware, firewalls, or other network systems at the Property. Guest may not use the provided network to download, transmit, or conduct unlawful activity, infringe intellectual-property rights, engage in unlawful gambling, or access or distribute prohibited material.
7.2 Safety Devices
(a) The Property may contain smoke detectors, carbon monoxide detectors, fire alarms, water sensors, pool gates, pool alarms, fire extinguishers, and noise-level monitoring devices. Guest must not disable or tamper with any safety device and must report any malfunction immediately. Tampering with safety features is a material breach of this Agreement and grounds for immediate termination and removal.
7.3 Exterior Surveillance
(a) The Property may have exterior video and audio surveillance cameras for guest security, protection of the Property, and community compliance. Guest acknowledges that the Property may be under 24-hour exterior surveillance in compliance with applicable privacy Laws and applicable OTA requirements.
7.4 Security
(a) LDE may implement, expand, reduce, or discontinue security measures at any time without notice to Guest.
PART 8 — DEPOSITS AND BILLING
8.1 Security Deposit
(a) If a Security Deposit is identified in Part I, LDE will apply it to documented Guest-Caused Damages and refund any remainder within the time required by law. LDE does not hold deposit funds in a trust account or pay interest on such Security Deposits, unless required by applicable Laws.
8.2 Billing Process
(a) For any Guest-Caused Damages (whether or not a deposit applies), LDE will provide Guest with an itemized bill. Once notice of the Guest-Caused Damage is sent, Guest authorizes Luxury Desert Escapes, LLC to charge the full amount of Guest-Caused Damages to the payment method, including credit cards and OTAs, through which the Booking was made. Unpaid amounts accrue interest at the lesser of 8% per annum or the maximum rate permitted by law. A late charge of 5% of the overdue amount (or such lesser amount as required by law) applies to late payments. LDE reserves all legal remedies to collect unpaid amounts.
PART IX — LIABILITY AND INDEMNIFICATION
9.1 Personal Property and Insurance
(a) LDE does not insure Guest's personal property (including vehicles) against loss, damage, theft, vandalism, or other causes. LDE recommends that all Guests obtain travel insurance and personal property coverage before their Booking.
9.2 Limitation of Liability
(a) LDE is not liable for damage or injury to Guest or any other person or property at the Property unless directly caused by LDE's gross negligence or willful misconduct. Such limitation on liability includes, but is not limited to (i) loss, damage, theft, or other actions by third parties, (ii) utility and internet disruptions originating from outside the Property, (iii) environmental nuisances or conditions, including the discovery and presence of fungi, pests or vermin, (iv) improper or unreasonable use of the Property by the Guest, (v) Guest's violation of this Agreement, and (vi) casualty or force majeure events. In no event will Luxury Desert Escapes, LLC be liable for lost profits, special, punitive, or consequential damages. Except where prohibited by law, LDE’s liability arising from this Agreement and Guest's use of the Property is limited to the Total Cost of Stay.
9.3 Guest Indemnification
(a) Except for LDE’s gross negligence or willful misconduct, Guest agrees to defend, indemnify, and hold harmless Luxury Desert Escapes, LLC and its employees, agents, officers, shareholders, directors, and members from all claims, disputes, litigation, judgments, costs, and attorney's fees arising from loss, damage, or injury caused by Guest or Guest's invitees in connection with Guest's use of the Property or this Agreement.
9.4 Assumption of Risk — Amenities
(a) Guest acknowledges that use of California Property amenities, including pools, hot tubs, spas, waterslides, lazy rivers, fire features, bicycles, sport courts, putting greens, playground or game equipment, and related items, involves inherent risks. Guest and invitees voluntarily assume all risks associated with such use. No lifeguard is on duty unless expressly stated in writing. The Primary Guest acknowledges and confirms that every child permitted to enter or use any pool, spa, hot tub, lazy river, lake, pond, beach, dock, or other body of water knows how to swim. Regardless of swimming ability, children and persons requiring assistance must be continuously and closely supervised by a responsible adult at all times near water, fire features, play equipment, and other amenities. Swimming ability does not eliminate the risk of drowning, injury, or death.
9.5 High-Risk Amenities Acknowledgment
(a) Scope. Certain Properties may include high-risk recreational or specialty amenities, including pools, spas, hot tubs, lazy rivers, waterslides, splash features, beaches, lakes, ponds, docks, paddlecraft or other water equipment, fire pits, fireplaces, outdoor heaters, grills, bicycles, fitness equipment, playgrounds, trampolines, sport courts, putting greens, bowling equipment, arcade games, game-room equipment, and similar amenities. Availability varies by Property. Guest must inspect each amenity before use, follow all posted instructions and Property-specific rules, and discontinue use immediately if an unsafe condition is observed.
(b) Voluntary Use and Assumption of Risk. Use of every amenity is voluntary and at the sole risk of Guest and Guest's invitees. Guest acknowledges that these amenities may involve risks of drowning, near-drowning, slipping, falling, collision, impact, entrapment, burns, cuts, electric shock, equipment malfunction, exposure to weather or wildlife, serious bodily injury, paralysis, property damage, or death. Guest knowingly and voluntarily assumes all inherent and reasonably foreseeable risks associated with access to and use of the amenities.
(c) Supervision and Eligibility. The Primary Guest is responsible for determining whether each user has the age, swimming ability, physical condition, coordination, judgment, and experience necessary to use an amenity safely. Children and persons requiring assistance must be continuously and closely supervised by a responsible adult. No person may use an amenity while impaired by alcohol, cannabis, medication, drugs, fatigue, illness, or any condition that could reduce safe judgment or physical ability.
(d) Safe Use Requirements. Guest and invitees must use each amenity only for its intended purpose; obey all weight, height, age, capacity, operating-hour, footwear, protective-equipment, and user-position requirements; keep glass away from pools, spas, docks, beaches, and water features; refrain from horseplay, running, pushing, climbing on equipment, unauthorized diving, tampering, modifications, or bypassing safety devices; and use waterslides only feet-first while seated upright unless written instructions expressly provide otherwise. No amenity may be moved, altered, repaired, reprogrammed, or operated by Guest contrary to posted instructions or directions from LDE.
(e) Water, Fire, and Equipment Conditions. No lifeguard, fire attendant, equipment operator, or medical professional is on duty unless expressly confirmed in writing. Natural and artificial water conditions may change without notice, and docks, shorelines, decks, and surrounding surfaces may be wet, hot, uneven, slippery, unstable, or affected by weather. Fire features, grills, heaters, bicycles, paddlecraft, bowling, arcade, fitness, and sport equipment must be used with appropriate care and only when conditions permit safe operation.
(f) Closure, Damage, and Reporting. LDE or Owner may restrict, disable, or close any amenity at any time because of maintenance, weather, water quality, mechanical or electrical issues, local restrictions, safety concerns, or conditions outside their control. Guest must immediately report damage, malfunction, missing safety equipment, or hazardous conditions and must prevent further use until LDE authorizes it. Guest is responsible for damage, loss, extraordinary cleaning, rescue or emergency-response costs, fines, and other charges caused by misuse, negligence, rule violations, or unauthorized operation by Guest or Guest's invitees. An amenity closure, interruption, or malfunction does not entitle Guest to a refund or rent reduction except where required by law or expressly agreed to in writing by LDE.
(g) Release and Indemnity. To the fullest extent permitted by law, and except to the extent caused by LDE's gross negligence or willful misconduct, Guest releases and agrees to defend, indemnify, and hold harmless LDE, Owner, and their respective members, officers, employees, agents, and representatives from claims, liabilities, damages, losses, or expenses arising from Guest's or any invitee's access to or use or misuse of an amenity. This acknowledgment supplements, and does not limit, the other assumption-of-risk, liability, indemnification, House Rules, and Property-specific waiver provisions of this Agreement.
9.6 Communicable Illness
(a) Guests acknowledge that communicable illnesses, including COVID-19, may be present in shared or public environments. LDE follows applicable public health guidelines in maintaining its properties. Guests assume the inherent risk of communicable illness exposure associated with travel and lodging, except to the extent caused by LDE's gross negligence or willful misconduct in maintaining health and safety standards at the Property.
9.7 Concierge Services
(a) Outside Vendors. Guest may not bring or hire an outside vendor to perform services at the Property without LDE’s prior written approval. Vendors may be required to provide licenses, permits, certificates of insurance, additional insured endorsements, workers’ compensation coverage, and other documentation. Approval of a vendor does not make the vendor an employee, agent, or partner of LDE and does not constitute a warranty of the vendor’s services.
(b) Risk, Release, and Responsibility. Guest understands that certain Concierge Services may involve inherent risks, including transportation, water activities, recreation, wellness services, food preparation, and alcohol service. To the fullest extent permitted by law, Guest assumes those risks and releases LDE, Owner, and their members, officers, employees, and agents from claims arising from a third-party provider’s acts or omissions, except to the extent caused by LDE’s gross negligence or willful misconduct. Guest is responsible for Guest’s conduct and the conduct of all invitees, including minors.
(c) Cancellations. Concierge cancellation and refund terms are determined by the applicable provider or the written confirmation for the service. Guest is responsible for all cancellation fees and non-refundable amounts. If LDE declines a request before confirmation or a provider cannot fulfill a confirmed service and no substitute is accepted, amounts collected by LDE specifically for the unavailable service will be refunded.
(d) Third-Party Providers. Concierge Services are frequently performed by independent third-party providers and not by LDE. LDE may assist with coordination but does not control a provider’s personnel, methods, schedules, products, licensing, insurance, acts, or omissions. Providers may require separate contracts, waivers, deposits, identification, age restrictions, or other conditions. Guest agrees to review and comply with all provider terms.
(e) Payment and Fees. Guest agrees to pay all charges, taxes, gratuities, service charges, commissions, referral fees, cancellation fees, and other amounts disclosed for Concierge Services. Guest authorizes LDE and its payment processors to charge the payment method on file for confirmed Concierge Services and later-approved additions. Some providers may collect payment directly. LDE may receive a commission, service charge, referral fee, or concierge fee from Guest or the provider.
(f) Availability and Scope. LDE may arrange optional concierge services for selected Properties, including transportation, private chefs, catering, grocery or refrigerator stocking, massage and wellness services, tours, equipment rentals, activities, and other requested services. All requests are subject to availability, provider acceptance, and written confirmation. A request is not confirmed until LDE or the applicable provider confirms the service and price.
9.8 Survival
(a) All indemnification and monetary obligations under this Agreement survive its termination until fully satisfied.
PART X — MISCELLANEOUS
10.1 Governing Law and Venue
(a) This Agreement is governed exclusively by California law, without regard to conflict-of-law principles. The Property covered by this Agreement is located in a California desert community. Except for matters properly brought in small claims court or subject to binding arbitration, any court proceeding arising from this Agreement shall be brought exclusively in the state or federal courts serving Riverside County, California, and the parties consent to personal jurisdiction and venue there.
10.2 Modification of Agreement
(a) LDE reserves the right to modify the non-monetary terms of this Agreement. LDE will provide at least thirty (30) days' advance written notice of material changes via email to the address on file. Continued booking of an LDE-managed Property after the effective date of any change constitutes acceptance of the revised terms. If Guest does not accept revised terms, Guest may cancel in accordance with Section 4.1. Changes required by applicable law may take effect immediately upon notice.
10.3 Assignment
(a) LDE may freely assign this Agreement, without consent, to any affiliated entity or its successor by merger, acquisition, or sale of all or substantially all assets. Guest may not assign this Agreement or sublet the Property.
10.4 Severability
(a) If any provision of this Agreement is held invalid, illegal, or unenforceable, it will be replaced with the most closely aligned valid provision that achieves the same economic effect, and the remainder of the Agreement will remain in full force.
10.5 Joint and Several Liability
(a) If there is more than one Guest, each Guest is individually and jointly responsible for the full performance of all obligations under this Agreement.
PART XI — DISPUTE RESOLUTION – AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER
11.1 Attorney Fees
(a) The prevailing party in any dispute conducted in accordance with this Agreement shall be entitled to an award of reasonable and actual attorney's fees.
11.2 Agreement to Mediate
(a) If the parties are unable to resolve any dispute directly, LDE and Guest agree to make a good-faith attempt to resolve the dispute by using a mutually agreeable third-party mediator. Each party shall bear its own costs associated with mediation. A party's failure to participate in good faith in mediation shall render it ineligible to recover its legal costs and expenses.
11.3 Agreement to Arbitrate
(a) Except as provided in Sections 11.5 and 11.6 below, and subject to the requirement to mediate the dispute in Section 11.2 above, LDE and Guest agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Booking, use of the Property, or the breach, termination, enforcement, interpretation, or validity hereof — including any question of whether a particular dispute is subject to arbitration — will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect at the time the claim is filed, as modified by this Section. The AAA's Consumer Arbitration Rules are available at www.adr.org. This Section is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
11.4 Arbitration Process
(a) Arbitration will be conducted by a single, neutral arbitrator. The arbitration will take place in Riverside County, California, or, at Guest's election, by video conference. The arbitrator may award the same damages and relief on an individual basis that a court could award. The arbitrator's decision is final and binding and may be entered as a judgment in any court of competent jurisdiction.
11.5 Exceptions – Small Claims and Injunctive Relief
(a) Either party may bring an individual claim in small claims court in Riverside County, California, provided the claim qualifies under the applicable small claims court rules. Either party may also seek emergency injunctive or other provisional relief from a court of competent jurisdiction to prevent imminent harm pending arbitration, without waiving the right to arbitrate.
11.6 Non-Waivable Public Injunctive Relief
(a) Nothing in this Agreement requires arbitration of a claim for public injunctive relief to the extent California law prohibits waiver or arbitration of that remedy. Any such claim may proceed in a court of competent jurisdiction while all arbitrable claims are stayed or resolved in arbitration.
11.7 Class Action Waiver
(a) To the fullest extent permitted by law, LDE and Guest each waive the right to bring or participate in any class action, collective action, consolidated action, private attorney general action (except as provided in Section 11.6), or representative proceeding of any kind. Unless applicable law requires otherwise, the arbitrator has no authority to consolidate more than one person's claims or to preside over any class or representative proceeding. If a court determines that this class action waiver is unenforceable in a particular case, only that case may proceed in court and all remaining claims must be arbitrated individually.
11.8 Fees
(a) The AAA filing, administrative, and arbitrator fees will be allocated in accordance with the AAA Consumer Arbitration Rules and applicable law. Each party will bear its own attorneys’ fees except where this Agreement, applicable law, or the AAA Rules provide otherwise.
11.9 Opt-Out
(a) Guest may opt out of the arbitration agreement by sending written notice to LDE at {ARBITRATION_OPT_OUT_EMAIL_OR_ADDRESS} within thirty (30) days after Guest first executes this Agreement. The notice must include Guest’s full name, reservation confirmation number, and a clear statement that Guest elects to opt out of arbitration. Opting out will not affect any other term of this Agreement or the Booking.
11.10 Severability
(a) If any part of this Section 11 is found to be invalid or unenforceable, the remaining parts will continue in full effect, except that if Section 11.7 (Class Action Waiver) is found unenforceable, this entire Section 11 will be null and void.
11.11 Guest Support SMS Terms
(a) Luxury Desert Escapes LLC’s Guest Text Updates program provides text messages about your inquiry, reservation, or stay, including requested links, confirmations, arrival and departure information, and guest-support updates. Messages may be sent using automated technology from (442) 227-3797. This program does not include promotional messages.
(b) To enroll through our Text Messaging Consent form, enter your name and mobile number, select the optional SMS consent checkbox, and submit the form. The checkbox is not preselected. Submitting the form with the checkbox unchecked does not enroll you. Consent is not a condition of purchase or booking. Providing a phone number, accepting a booking agreement, or booking through Airbnb or Vrbo does not by itself enroll you in this program.
(c) Message frequency varies according to your inquiry, reservation, and support needs. Message and data rates may apply. Contact your wireless provider for details about your plan.
(d) Reply STOP to unsubscribe. You may receive one final confirmation of your opt-out, after which no further program messages will be sent unless you opt in again. Reply HELP for assistance, call (442) 241-1050, or email reservations@luxurydesertescapes.com.
(e) Carriers are not liable for delayed or undelivered messages. See our Privacy Policy for information about collection, use, storage, and protection of mobile information and SMS consent.
(f) Guest-support SMS consent is separate from consent for any promotional SMS program. Consent to this program does not authorize promotional messages or messages from other businesses.
ACKNOWLEDGMENT AND EXECUTION
By executing this Agreement (electronically or otherwise), Guest confirms intent to be bound by the Agreement and each of the following statements. This Agreement is binding on Guest and all members of the party named in this reservation.
(a) I/we am/are at least twenty-one (21) years of age.
(b) I/we have read, understand, and agree to all terms and conditions of this Agreement, including the House Rules.
(c) I/we will occupy the Property solely for vacation purposes in accordance with this Agreement.
(d) I/we will abide by all applicable Laws and restrictions on use of the Property. A breach of any term of this Agreement may result in immediate eviction.
(e) I/we execute this Agreement on behalf of all members of our party and represent that each member will comply with its terms.
Guest acknowledges, agrees, and authorizes Luxury Desert Escapes, LLC to charge the payment method on file for unpaid rent, taxes, fines, violations, excessive cleaning, damage, repair or replacement costs, lost keys or access devices, lockouts, unauthorized occupants, late check-out, holdover, additional services, and reasonable post-stay adjustments, after written notice and reasonable supporting documentation.
{GUEST_NAME}
Guest
Agreed on {AGREEMENT_DATE} at {AGREEMENT_TIME}
Luxury Desert Escapes, LLC
Vacation Rental Manager / Licensor
