General:

All users of this website “opulentestates.holidayfuture.com” (the “Site”) agree to be bound by the terms and conditions contained in this user agreement (the “Agreement” or the “User Agreement”). The terms and conditions are entered into by the user “You, User, or Guest” and Opulent Estates.

Opulent Estates provides properties to Guests as a principal and through rent-to-rent leasing, in which Opulent Estates enters into lease agreements with property owners and then subleases the properties to the guest. You agree that in circumstances where a landlord would have liability to Opulent Estates, You will seek relief against the property owner, pursuant to landlord’s obligations to Opulent Estates under the lease agreement, which obligations to which this Agreement is subject. You agree to hold Opulent Estates harmless for any negligence or actions that result in harm to You and instead seek relief against the property owner.

Accessibility Booking:

Opulent Estates operates in according with applicable California state and Federal laws. We make every effort to meet our legal obligations under the law, including providing accessible services. To the extent you need additional accommodations to benefit from our services, please contact us for assistance.

Rental Period:

Rentals commence at 4.00pm on the day of arrival and end at 10.00am on the day of departure. This period is hereafter referred to as the “Rental Period.” Opulent Estates, in its sole direction, may modify check-in and check-out times, in which case the modified times shall be the Rental Period. Modifications to the Rental Period will incur additional fees. The Rental Period dates will be stated on the reservation confirmation provided to the Guest upon when they book and cannot be exceeded unless Opulent Estates gives written approval. The Guest will be liable for any cost, of whatever nature, incurred because of an early check-in or late check-out. Such costs include, but are not limited to, rebooking fees for subsequent or prior reservations that are disrupted. In addition, guests will be charged for one additional day on top of any other costs incurred by Opulent Estates.

Booking times seen after clicking on a property to reserve are subject to availability. Available times are not guaranteed until guest has completed and paid for the booking. The Guest placing the booking must be over 18 years of age on the check-in date. Upon booking Guests shall supply Opulent Estates with their full names, email addresses, telephone numbers, and dates of birth of all persons staying at the Property during the Rental Period. All such information is subject to our privacy policy.

If Guest remains at the Property 30 days or longer, Guest shall sign a long-term subtenancy agreement with Opulent Estates.

Prices/Fees:

All prices are quoted in USD. All prices are based on costs prevailing at the time of quotation and may be subject to change. Unless otherwise specified, the prices quoted for all serviced property include utilities and taxes. Any extra charges are at the discretion of Opulent Estates. Early check-in before 4pm but after 1pm carries an additional charge of $100 but must be approved beforehand by Opulent Estates. Any earlier check-in will result in a charge for one additional night’s stay. Standard check-out time is 10am. Late check-outs are available with prior notice at a cost of $100 per hour. Late check-outs without prior notice are assessed a $200 per hour fee. By booking through the website, you authorize Opulent Estates to charge any assessed fees to your credit card, including, but not limited to, the booking fee, Security Deposit, and other fees as described in this Agreement.

Security Deposit:

Guests will be charged a Security Deposit of up to $500 for each booking (the “Security Deposit”). Guests must pay the Security Deposit prior to check-in. Opulent Estates will refund the Security Deposit to the guest within 14 days of departure, subject to the terms of this Agreement. Opulent Estates reserves the right, in its sole discretion, to keep the Security Deposit in full if any house rules, as published at the property, are broken. If any guests break house rules, they will be assessed a $100 administrative fee in addition to the costs of the repairs.

House rules are specific to each property, but may include - no smoking inside or outside the property, no parties, no loud music, no pets, or other rules. Opulent Estates reserves the right to retain a portion of the security deposit if guests do not correctly recycle or dispose of trash.

Payment:

The full price of the booking, including the Security Deposit is due at the time of booking. For bookings through the website, payment must be completed online at the time of booking to secure the reservation. If full payment is not received on time or is otherwise not completed or charged back, Opulent Estates reserves the right to cancel the booking and recover the full value of the booking from the Guest. Any charges raised against Opulent Estates by its bank for handling non-sufficient payments will be passed on to the Guest, in addition to any other applicable damages.

To confirm the booking, guests must process payment and also agree to the terms of this Agreement.

Guest Obligations:

Guests have the right to occupy the property for the Rental Period only. Guests agree that all persons remaining at the property overnight will be declared to Opulent Estates in advance.

Guests also agree to the following:

-To pay for any losses or damage to the property caused by Guests and their affiliates or assigns.

-To take good care of the property and leave it in a clean and tidy condition at the end of the reservation.

-To read any safety notices and advice upon arrival in the property.

-To use the property solely for residential purposes.

-Not to cause an annoyance or become a nuisance to occupants of adjoining premises.

-Not to be the cause of any noise between 10pm and 9am.

-Not to smoke in the property or any of the public areas associated with it.

-Not to bring any pets to the property unless otherwise approved in advance with Opulent Estates.

-Not to re-let or sublet the property to any other group/party.

-Not to use property for parties or gatherings, unless otherwise approved in advance by Opulent Estates in writing. Opulent Estates reserves the right to cancel any bookings if Guests use property to host parties. If guests use the property to host unauthorized parties, Guests will be charged $1000 in addition to any other fees incurred by Opulent Estates for the unauthorized event.

-Not to make use of the phone or fax line connected to the property.

-Not to light any fires or candles in the property.

-Not to permit any unauthorized visitors to enter the property.

In the event You or any other Guest breaches any of these terms and conditions, your booking will be terminated immediately without refund.

All Guests shall provide the full names of any and all individuals staying at the property and must also present a valid photo ID for each individual. If any individuals other than those declared on the booking occupy the property, Opulent Estates will retain the full Security Deposit and will also reserves the right to charge Guest for any damages incurred by Opulent Estates as a result of the undisclosed guest.

The Guest is responsible for ensuring that the property is not occupied by more people than is stated on the Guest’s booking confirmation email. Opulent Estates reserves the right to terminate this booking if Guest allows any undisclosed persons to stay at the property. If Opulent Estates terminates the Agreement pursuant to this clause, Opulent Estates shall not refund any monies paid by the guest.

In the event of an emergency the guest shall:

-Make use of the fire blanket, fire extinguisher, or other safety devices as appropriate.

-Leave all belongings and exit swiftly through the main exit while still ensuring that individuals requiring assistance have safely exited the building.

-Wait on the main road away from the building and inform emergency services by calling 911 and quoting your location.

After having completed these stopes, Guest shall contact Opulent Estates at service@opulentprops.com to inform Opulent Estates of the issues.

Condition of Property:

The Guest must follow the instructions contained within this Agreement and in the after-reservation confirmation email. Any losses, damage, cleaning necessary over and above normal servicing, will be deducted from the Security Deposit. Notwithstanding the foregoing, Guests who violate any terms may be charged for damages in excess of the security deposit. By placing a booking with Opulent Estates, Guests authorize Opulent Estates to charge any damage to Opulent Estates’s credit card or account used for booking. The Guest is responsible for taking all reasonable care of the property and its contents. The property and all equipment, utensils, furniture, etc. must be left clean and tidy at the end of the Rental Period. Guest shall not remove any items from the property.

The Guest will be responsible for making good any damage to the property or its contents, which has occurred due to negligence, willful damage or irresponsible behavior on the part of those occupying the property during the Guests’ stay. Such damage must be reported, without delay, to Opulent Estates. Guest authorized Opulent Estates to charge he cost of the repair or replacement must be agreed with, and paid to Opulent Estates. The Guest is responsible for ensuring that no person staying or visiting the property during the Guest’s stay will suffer anything to be done which would endanger the policy of Opulent Estates insurers in respect of the property and its contents which might make the same void or voidable.

Keys:

There are no physical keys to the property. Opulent Estates will email you a code for the electronic keypad prior to check-in. This code is active for your stay only. You may not disclose the keypad code to any person not disclosed to Opulent Estates. If the code has been changed or for any other reason the electronic deadbolt fails to open after Guest’s stay, the Guest will be responsible for the cost of replacement.

Services & Facilities:

Properties are advertised as providing a number of services, facilities, and amenities. While every effort is made to this end, the availability and proper functioning of these cannot be guaranteed. Opulent Estates shall not provide any refund or alternative provision of said service, facility, or amenity. All personal belongings and contents left in, at, or around the property are left at the Guest’s risk. Guests should obtain insurance for any items, and any loss or damage to their belongings is the sole responsibility of the Guest. Vehicles may only be parked in designated areas. If a vehicle is parked on or in front of an access route to the property without authorization, Opulent Estates reserves the right to tow the vehicle at owner’s expense.

Internet:

Opulent Estates properties have wireless or wired internet service (the “Service” or “Internet Service”) available at its properties. Opulent Estates makes no guarantee that the Service provided will be compatible with your device. Your use of the Service is at Your own risk. Opulent Estates provides the Service and excludes any and all warranties or conditions of any kind, whether express or implied, in respect of the Service and any content or data obtained or downloaded from it. Opulent Estates does not warrant that the Service will be uninterrupted, timely, secure or error-free at all times, or will meet Your requirements. We are not responsible for the security, integrity, accuracy or completeness of any information that You transmit or receive while using the internet service. To the extent Opulent Estates incurs liability for any of your actions while using the Service, you agree to indemnify and hold Opulent Estates harmless for said actions.

No technical support for the Service is available, and Opulent Estates cannot guarantee functionality of the Service. Should the Service not be functioning for any reason, neither the owner nor Opulent Estates shall have liability for the Service. The Guest is fully responsible for all internet activity. Guest shall indemnify and hold harmless owner and Opulent Estates for any activity that Guest undertakes using the Service.

Any illegal internet activity, e.g. peer-to-peer file sharing, will result in the Service being terminated for the duration of the Guest’s stay and a $1,000 penalty fee charged to Guest on the card Opulent Estates has on file. Opulent Estates also reserves the right to seek additional damages from Guest for misuse of the Service. If Opulent Estates becomes aware of illegal internet activity during the Guests’ stay after the Guests have checked-out, Opulent Estates reserves the right to charge the $1,000 fee to the card on file.

The Service is provided to you by Opulent Estates. By connecting to the service, you agree to abide by the terms and conditions in this Agreement. If you do not agree to all of the terms and conditions, please do not use the Service. Any person who is not an employee or affiliate of Opulent Estates and uses the internet service at the property agrees to be bound by the terms of this Agreement in its entirety. Network access codes or passwords provided to You are confidential, Guest must not disclose them to any other person for any reason. You will be responsible for any loss that arises from Your losing, misusing or otherwise disclosing any such access codes or passwords.

The internet service is intended to allow You to access the internet for lawful purposes only. Opulent Estates reserves the right to terminate Your access to internet at any time and without notice if it becomes aware of any behavior that is prohibited by law, or under this Agreement.

You may not:

• Use the service for any illegal purpose.

• Use the service in such a manner as to host a web or other server, send or facilitate the sending of bulk e-mail or collect third party personal data.

• Exceed typical bandwidths relevant to the period of internet service.

• Resell, or attempt to resell, the internet service to any third party.

Opulent Estates reserves the right to investigate any suspected breach of this Agreement by any Guest, and reserves the right to take such action as it, in its sole discretion deems appropriate, including, but not limited to, suspension or withdrawal of the internet service and/or notifying law enforcement.

Linen:

All linen and towels for beds are included in the nightly rate for the property. Guests may not remove anything from any property during their stay. This includes linens. Guests may bring their own towels and linens as Guests wish. Opulent Estates provides a washer and dryer in as-is, where-is condition to Guests for use. Guest use of the washer and dryer is subject to all applicable terms of this Agreement.

Cleaning:

Opulent Estates shall clean the property prior to Guest arrival. Guests shall notify Opulent Estates at their earliest convenience should they notice inadequate cleaning. The Guest is asked to leave the property broom clean, and ensuring that all used dishes are loaded in the dishwasher and the dishwasher is turned on prior to departure. Opulent Estates also requests that Guests place linens and towels in the provided washer prior to departure. Failure to comply with the provisions of this section will result in additional cleaning charges to Guest.

Personal property:

Subject to applicable state and local laws, Opulent Estates holds no liability for personal property belonging to the guests left at the property during their stay. Guests authorize Opulent Estates and its employees, agents, affiliates, or assigns, to move, dispose of, or otherwise handle any of Guests’ property left at the property after the agreed check-out time.

Pool Usage:

The following only applies to properties with pools

There is no lifeguard on duty and Guests swim at their own risk.

Guests are prohibited from doing the following:

Running on the pool deck

Diving into the pool from the pool deck

Bringing food or glass onto the pool deck

Playing loud music outdoors

Roughhousing in the property or around the pool

Bringing any animals into the pool

Urinating in the pool

Using the pool fewer than 2 weeks after having had active diarrhea

Guests must remove any rocks or trash from bottom of the pool prior to check-out. Extra pool cleaning fee of $100 will be charged if there is trash at bottom of pool or if pool company needs to be called to clean/balance chemicals.

Cancellation of Booking by Guest:

Opulent Estates shall not refund any monies as a result of a Guest cancellation. No-shows are treated as Guest cancellations. Guests will not receive a refund for no refunds will be made. Opulent Estates strongly recommends that all clients obtain appropriate travel and personal insurance to cover these charges in the event of a Guest cancellation. If Opulent Estates allows a Guest to terminate a reservation early, the days used will be charged at two times (2X) the original booking rate for the nights stayed.

Cancellation of Booking by Opulent Estates:

If Opulent Estates cannot honor the booking at the property initially booked, Opulent Estates reserves the right to relocate the booking to an alternative property at the same rate as the Guest booking. In exceptional circumstances, Opulent Estates may find it necessary to cancel the Guest’s booking and reserves the right to do so at any point. Opulent Estates shall make all reasonable efforts to offer a suitable alternative. If Guest does not agree to the alternative within 24 hours of notification from Opulent Estates notified of the change of property, Opulent Estates will refund any sum paid by the Guest for nights unused during the stay. If Guest accepts refund, the refund shall constitute full satisfaction of Opulent Estates’s requirements under this Agreement, and Guest shall, by accepting the funds, waive any claims, known or unknown arising from Opulent Estates’s cancellation of the Guests’ stay.

Notwithstanding the foregoing, Opulent Estates will not refund Guest fees for any force majeure. For the purposes of this section, “force majeure” shall mean any action or event beyond Opulent Estates’s reasonable control including, but not limited to events such as war, civil strife, terrorist activity, labor disputes, natural or man-made disasters, fires, floods, adverse weather conditions, government actions preventing Guest stay, or any and all other events which require Opulent Estates to cancel Guests’ stay. Nothing in this section shall be deemed to infringe on Guests’ statutory rights, except that Guest shall be deemed to have knowingly and voluntarily waived its rights under California Civil Code §1542.

Termination of Booking by Opulent Estates:

Opulent Estates has the right to terminate a booking at any time on the grounds of abuse to staff, mistreatment of the property, or criminal activity on the part of the Guest. Any sign of smoking either inside or outside of the property, will result in immediate termination of the booking.

Security Cameras:

Opulent Estates reserves the right to install security cameras at any property before, during, and after a Guest stay. Guests acknowledge that there may be security cameras in or around the property during their stay. Opulent Estates reserves the right to add, remove, or modify security cameras during Guest stay. Guests may not necessarily see the security cameras. Opulent Estates is in compliance with all applicable local, state, and federal laws, and does not place security cameras, visible or otherwise, in locations where Guests would have a reasonable expectation of privacy. Such locations include: bedrooms, bathrooms, changing rooms, showers. Such locations do not include open areas of the property including the living room, dining room, kitchen, outdoor spaces, and other common areas.

Pricing:

Opulent Estates reserves the right to amend prices quoted, due to errors or omissions. Opulent Estates does not guarantee the accuracy of photos and descriptions of properties. All information supplied by Opulent Estates is given in good faith and is based on information available at the time. All reasonable measures have been taken to ensure the accuracy of any statement made either in writing or otherwise, but Opulent Estates is not liable for variations that occur for any reason.

Injury or Loss:

Opulent Estates disclaims any liability for any personal injury, loss or damage to personal effects arising at the property. Neither the Owner nor Opulent Estates or its representatives, can be held responsible for any circumstances beyond Opulent Estates’s control including, but not limited to, mechanical breakdown, illness, or failure of any public service supply. Opulent Estates disclaims any liability for any death or personal injury that occurs during any Guest stay at a property.

Complaints:

Guests may make any complaints about a property, its contents, or Opulent Estates’s staff by doing one of the following: sending an email to: service@opulentprops.com. Guests must advise Opulent Estates of any complaints and/or issues as soon as reasonably practicable. Upon receiving a complaint, Opulent Estates reserves the right to investigate the complaint and take any necessary remedial actions. Should You have a complaint, please allow Opulent Estates or the owners the opportunity to put matters right during the Rental Period. Opulent Estates will take all reasonable steps to settle the problem. Opulent Estates disclaims any liability for complaints submitted after the check-out date.

Force Majeure:

Opulent Estates will not be liable for any delay, loss, damage, or expense incurred if the Guests’ booking needs to be altered or cancelled or Opulent Estates is unable to perform its contractual obligations as a result of a force majeure. For the purposes of this section, “force majeure” shall mean any action or event beyond Opulent Estates’s reasonable control including, but not limited to events such as war, civil strife, terrorist activity, labor disputes, natural or man-made disasters, fires, floods, adverse weather conditions, government actions preventing Guest stay, or any and all other events which require Opulent Estates to cancel, modify, or otherwise change Guests’ stay.

Right of Access:

Opulent Estates’s employees, agents, representatives, and assigns have the right to access the property at any time, with due regard to the convenience of the Guest, for the purpose of inspection of the property and for the Owners to carry out any essential repair or maintenance work.

No Tenancy Created

Subject to applicable local, state, and federal laws, Guests shall not form a landlord/tenant relationship with either a property Owner or Opulent Estates. Nothing in this agreement shall be interpreted to create a tenancy, and Guests shall have none of the legal rights or obligations afforded under landlord tenant law. Opulent Estates shall have none of the obligations of a landlord under landlord/tenant law. Guest shall explicitly have no right to occupy the property at the termination after the check-out time. Notwithstanding the foregoing, any waivers shall explicitly survive this Agreement.

Privacy and Data Protection:

Opulent Estates takes the Guest’s privacy and confidentiality seriously. Opulent Estates collects: (a) information necessary to process the Guest’s booking; and (b) information derived from “cookies”. Opulent Estates uses cookies to monitor site usage and related information. Opulent Estates will try to keep the Guest’s data up-to-date and accurate but Opulent Estates provides no warranty or guarantee and bear no liability to the Guest in the event that any data transmission over the internet is not completely accurate or secure. Opulent Estates may use the Guest’s information to help improve Opulent Estates’s website and Opulent Estates’s service, to personalize the types of information the Guest’s receive from us, as well as for internal statistical, marketing and administrative reasons. Opulent Estates does not share this information with outside parties except to the extent necessary to process the Guest’s booking. By using this website and supplying Opulent Estates with the Guest’s information, the Guest consents to use by Opulent Estates of the Guest’s information as described above.

Liability:

Opulent Estates does not accept liability for any act, neglect or default on the part of the Owners or any other person, nor for any accident, damage, loss, injury, expense or inconvenience whether to person or property, which the Guests or anyone connected with the Rental Period may incur. Opulent Estates nor Owners are not and shall not be held responsible for any maintenance/building work taking place outside of the rental property.

Authority to Sign:

Persons who place bookings on the website certify that they are authorized to agree this Agreement on behalf of all persons on the booking, including those substituted or included at a later date. All persons included in a booking are subject to this Agreement. References to the Guest apply to all persons at the property during the Rental Period. By placing a booking, Guests are deemed to have agreed to this Agreement. Payment of the full charge also indicates acceptance of this Agreement.

Disclaimer:

All properties are used at your own risk. At properties where there is a balcony, pool, or elevated terrace, this is used at your own risk. Parents should ensure that their children are supervised in such areas at all times.

Severability:

If a court of competent jurisdiction finds that any provision in this Agreement is unenforceable for any reason, that portion of the Agreement shall be severed and the rest of the Agreement shall remain in full force and effect. This agreement shall be interpreted under the laws of the United States of America, and the state laws of the State of California. In the event any dispute arises from this Agreement that must be litigated, the venue for litigation shall be the State of California, county of San Diego.

Litigation

In the event of any litigation arising from the booking of accommodation with Opulent Estates, if any dispute relating to this Lease between the parties is not resolved through informal discussion within 14 days from the date a dispute arises, the parties agree to submit the issue first before a non-binding mediator and then to an arbitrator in the event that mediation fails. The decision of the arbitrator will be binding on the parties. If the parties cannot agree on an arbitrator, arbitration shall be provided by Judicial Arbitration and Mediation Services (”JAMS”), and held in San Diego County, CA. Parties shall each be responsible for paying half of the Arbitration fees for this dispute resolution. The prevailing party shall also be entitled to recovery of its attorney fees. In the event owner is added as a defendant, Guest shall be liable to owner for attorney fees if owner is dismissed from action or if Opulent Estates and/or owner prevail in the action.

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