Effective Date: 01/01/2023

Welcome to Open Air Homes (“we,” “us,” or “our”). By accessing or using our website, applications, or related services, including the booking and management of short-term rental properties, event spaces, and resources to assist in purchasing vacation homes (collectively, the “Services”), you, the user, agree to comply with and be legally bound by the following Terms of Service (the “Terms”). If you do not agree to these Terms, please refrain from using the Services.

Open Air Homes reserves the right to modify these Terms at any time without prior notice. It is your responsibility to review these Terms regularly to stay informed of updates. Continued use of our Services after any modifications indicates your acceptance of the revised Terms.

1. Scope of Services

Open Air Homes offers property management, vacation rental, and event rental services in Los Angeles and Palm Springs. By using our Services, you agree that your use will be governed by these Terms as well as our Privacy Policy, which is incorporated herein by reference.

Open Air Homes serves as a facilitator of rentals, bookings, and property management. Any communication or transaction concerning a reservation, event booking, or property management arrangement is subject to these Terms.

2. Eligibility and Account Requirements

To access our Services or create an account, you represent and warrant that you are at least 25 years of age and legally competent to enter into a binding agreement.

Account Security

Upon creating an account, you are solely responsible for maintaining the confidentiality of your login credentials. You agree to:

• Notify Open Air Homes immediately of any unauthorized access or use of your account.
• Accept full responsibility for all activities conducted under your account.
• Maintain accurate and up-to-date information in your account profile.

Open Air Homes reserves the right to suspend or terminate your access to Services if we determine, in our sole discretion, that you have provided inaccurate information, failed to maintain account security, or violated any provision of these Terms.

3. Guest Bookings

General Terms & Conditions

By confirming a reservation with Open Air Homes, you acknowledge and agree to the following terms regarding your stay:

• Rental Agreement: You agree to sign our Rental Agreement following booking confirmation. Check-in instructions will only be provided upon successful signing of this agreement.
• California 30+ Night Legal Requirement: In accordance with California law, guests staying 30 nights or longer are legally required to sign a California Association of Realtors (CAR) form with the Department of Real Estate (DRE). Our Broker of Record will send this form for your signature once payment has been received. The reservation is not complete until this form is signed.
• Mid-Stay Cleanings for 30+ Day Stays: All reservations for 30+ day stays require mid-stay cleanings conducted by our professional housekeeping team. Payment for these services will be requested after booking confirmation.
• Personal Items Left Behind: Guests are responsible for any items left behind after check-out. Shipping costs for returning items and a minimum service fee of $25 will be charged to the guest’s account.
• Return of Keys and Property Items: A 10-day grace period is provided for the return of any items (e.g., keys, garage remotes) taken at check-out. Replacement costs will be charged if items are not returned within 10 days.
• Non-Smoking Policy: All properties are non-smoking. Any violation of the no-smoking policy will result in a minimum fine of $250.
• Pool/Spa Heating: Additional fees apply for heating pools and/or spas. Please contact Reservations for detailed pricing and availability.
• Pet and Animal Policy: Pets and animals are not permitted on the property unless explicitly agreed upon in writing prior to booking. Violation of this policy may result in a charge of up to $1,000 and/or eviction, along with any other legal remedies available to Open Air Homes.
  • Pet-Friendly Properties: For stays under 30 days, a non-refundable fee of $150 per pet applies. For stays of 30+ days, a non-refundable fee of $300 per pet applies. Damages or failure to pick up after your pet may result in additional charges.

Host Fee for Direct Bookings

For reservations made directly through the Open Air Homes website, a host fee of 7.5% will be billed to the guest. This fee covers administrative costs associated with managing the booking and is non-refundable.

4. Permitted and Prohibited Uses

Use of Open Air Homes’ Services must comply with applicable laws and regulations. By accessing the Services, you agree to abstain from:

• Engaging in unauthorized commercial use or resale of the Services.
• Transmitting content that is unlawful, threatening, defamatory, or otherwise inappropriate.
• Misrepresenting your identity or affiliation with any person or entity.
• Using automated means (such as robots, spiders, or scrapers) to access, monitor, or copy the Services or any part of it.

Violation of these Terms may result in immediate suspension or termination of access to our Services without notice.

5. Payments, Cancellations, and Refunds

All fees are due as specified at the time of booking. Open Air Homes reserves the right to cancel reservations for non-payment or suspected fraudulent activity.

Cancellation Policy

The cancellation and refund terms are determined by the specific reservation agreement. Please review your booking details for the applicable policy. Refunds will be processed in compliance with the terms associated with each individual booking.

6. Intellectual Property Rights

The Open Air Homes website, applications, content, and all associated intellectual property, including but not limited to text, logos, images, and videos, are protected by copyright and trademark laws. Unauthorized use, reproduction, modification, or distribution of our intellectual property is prohibited.

Open Air Homes retains all rights not expressly granted in these Terms. Any unauthorized use of our intellectual property constitutes a material breach of these Terms.

7. Limitation of Liability

To the fullest extent permitted by law, Open Air Homes disclaims all liability for any damages arising from or in connection with your use of the Services, whether based on contract, tort, strict liability, or otherwise, even if Open Air Homes has been advised of the possibility of such damages. This includes, but is not limited to:

• Interruptions in access to the Services.
• Loss of data, unauthorized access, or modifications to your account.
• Any actions, errors, or omissions by third-party providers.

In no event shall Open Air Homes’ aggregate liability exceed the amount paid for the reservation in question.

8. Dispute Resolution and Governing Law

Mediation

In the event of a dispute, you agree to first attempt resolution through mediation before initiating arbitration or litigation. Any mediation costs will be shared equally by the parties.

Governing Law

This Agreement is governed by the laws of the State of California, without regard to its conflict of law provisions. All disputes arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the state or federal courts located in California, and each party consents to personal jurisdiction in those courts.

Class Action Waiver

You agree to resolve disputes on an individual basis. You waive your right to participate in class or consolidated actions.

9. Indemnification

You agree to defend, indemnify, and hold Open Air Homes, its officers, employees, agents, and affiliates harmless from all claims, damages, losses, or liabilities, including legal fees, arising from your use of the Services, violation of these Terms, or any negligence or wrongful conduct on your part.

10. Modifications to Terms

Open Air Homes reserves the right to modify these Terms at any time, with or without prior notice. Any modifications will be effective upon posting on our website. Your continued use of our Services following such modifications constitutes acceptance of the revised Terms.

11. Termination of Service

Open Air Homes may, in its sole discretion, terminate or restrict your access to the Services without notice if we believe you have violated these Terms, engaged in fraudulent or unlawful activity, or for other reasons deemed necessary.

12. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

13. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Open Air Homes regarding your use of the Services. They supersede all prior agreements, understandings, representations, and communications, whether written or oral.

For any questions or concerns regarding these Terms, please contact us at:

Open Air Homes Customer Support at reservations@openairhomes.com