TERMS OF SERVICE

The Twin Palms Art House, a Locality LLC Property

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Effective date: 1 August 2026

Last updated: 1 August 2026

 

CONSUMER NOTICE

A. Please read these Terms of Service carefully before booking. ​Section 17 contains a binding arbitration provision and a class-action waiver that affect your legal rights. 

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B. These Terms of Service (the “Terms”) form a binding agreement between you (the “Guest,” “you,” or “your”) and Locality LLC, a limited liability company that owns and/or operates the vacation rental property known as The Twin Palms Art House (the “Property”) in Palm Springs, California (City Permit no. 003629) (“Locality,” “we,” “us,” or “our”). 

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C. By requesting, making, or paying for a reservation, or by using our website or booking platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. You may be asked to explicitly acknowledge such when making a reservation but the absence of that explicit digital acknowledgment in no way diminishes your agreement to be bound by these Terms.

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D. Application of these Terms — all bookings. These Terms apply to every reservation and stay at the Property, however your booking is made — whether directly with Locality (for example, through our own website, by email, or by phone) or through a third-party online travel agency or listing platform (an "OTA," such as Booking.com or Vrbo). As a condition of occupancy, every Guest, regardless of how they booked, must complete our registration process, including signing the Rental Agreement, which incorporates these Terms by reference. By doing so, you agree that these Terms and the Rental Agreement govern your stay. Where you book through an OTA, that platform's own terms also apply to the booking you make on the platform (for example, how you pay and the platform's own cancellation handling). To the extent a provision of these Terms cannot apply to an OTA booking because the platform's terms govern that particular matter, that provision applies only so far as it lawfully and contractually can; all other provisions of these Terms — including those governing registration, occupancy, guest conduct, the Good Neighbor Policy and House Rules, damage, and removal — apply in full. For a direct booking, these Terms and the Rental Agreement apply in full and, in the event of any conflict, control.​

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1. DEFINITIONS

   1. The following definitions apply:

      1. “Lead Guest” or “Responsible Guest” means the individual who makes the Reservation, signs the Rental Agreement, and is primarily responsible for the booking and all guests in the party.

      2. “Reservation” means a confirmed agreement for you to occupy the Property for a defined stay with the detail of that process set out in section 3 herein,

      3. “Rental Agreement” means the property-specific occupancy agreement you sign as a condition of your stay, incorporated into these Terms by reference.

      4. “Ordinance” means the City of Palm Springs Vacation Rental Ordinance (Palm Springs Municipal Code Chapter 5.25), as amended.

      5. “Good Neighbor Policy” means the rules set down by the City of Palm Springs in the Good Neighbor Policy brochure which reflect the content of the Ordinance and include but are not limited to policies governing guest conduct, noise, occupancy, parking, and neighborhood impact.

      6. “House Rules” means the Property-level rules displayed in the Property and confirmed as accepted by operation of the Rental Agreement with which all Reservations are required to comply and which reflect the content of the Good Neighbor Policy and may include additional property-level requirements.

2. ELIGIBILITY TO BOOK & OCCUPANCY

   1. Ability to book

      1. To make a Reservation you must be at least twenty-five (25) years of age, as required by the Ordinance. The Lead Guest must be an occupying guest present for the entire stay and may not book on behalf of a group they will not personally join. By booking you represent that:

         1. You are at least 25 years old and legally able to enter into a binding contract;

         2. The information you provide is accurate, current, and complete;

         3. You are booking for legitimate lodging purposes and not to host an unpermitted event, party, or commercial activity; and

         4. You will ensure that every member of your party complies with these Terms, the Rental Agreement, and the Good Neighbor Policy.

   2. Occupancy Limits

      1. The Property has strict occupancy maximums, reflective of the maximums established by the Ordinance.

         1. The maximum overnight occupancy for the Property is six (6) guests and all overnight guests are required by the Property to be registered in accordance with Section 4 below.

         2. The maximum daytime occupancy for the Property is ten (10) guests.

         3. These are firm maximums and are not increased by additional children or infants; all persons present during the day count towards the daytime limit of 10 persons and all persons staying overnight count toward the overnight limit of 6 persons. 

      2. These limits directly reflect the occupancy permitted by the Ordinance for the Property and exceeding this occupancy is a material breach of these Terms and of the Ordinance and grounds for immediate termination of your stay and removal from the Property without refund.

      3. In the absence of any other regulatory guidance, daytime for the purposes of this section is defined as between the hours of 7:00 a.m. and 7:00 p.m. and overnight is defined between the hours of 7:00 p.m. and 7:00 a.m.

3. RESERVATION PROCESS 

   1. Reservation process 

      1. All Reservations must successfully pass through a uniform, four-step process before they are considered fully confirmed. This process is driven largely by local regulatory requirements, together with Locality LLC’s minimum property-level requirements, and is summarized below. The holding payment and payment mechanics referred to at Steps 1 and 3 depend on your chosen payment method and are set out at section 7. All times in this section are measured in U.S. Pacific Time.

         1. Step 1 — Reservation request. Any individual who meets the minimum age required by the Ordinance (currently 25) may submit a reservation request for the Property through our online booking portal. To move the request to Step 2, a holding payment of 10% of the stay price is required — charged to your card or paid by Zelle, depending on your payment method, as set out at section 7. Reservations at Step 1 are “Requested Reservations.”

         2. Step 2 — Property assessment. The Property then has 24 hours to accept or decline the request — at its sole discretion, but in full compliance with company policy and applicable non-discrimination laws. We aim to respond within this window in every case; if we do not, the request is deemed declined, which triggers the refund described at section 7. In the rare event that we are unable to assess a request within the 24 hours but, on review, are inclined to accept it, we will contact you directly straight away, and whether to proceed is then your decision. Requests we accept become “Accepted Reservations.”

         3. Step 3 — Full payment. Once we accept the request, full payment becomes immediately due, and how it completes depends on your payment method (section 7). If you paid by card, no further action is required — the remaining balance is charged to the card you used at Step 1. If you paid by Zelle, a 24-hour window opens for you to transfer the remaining balance, as set out on our payment portal. What happens if you change your mind between requesting and full payment is addressed at section 7 below. Reservations at Step 3, up to completion of Step 4, are “Funded Reservations.”

         4. Step 4 — Registration. The Reservation must then be formally registered by completing the process required by the Ordinance and set out at section 4 below. Reservations at Step 4 are “Registered Reservations.”

      2. A Reservation is only fully confirmed once it has passed Step 4 and become a Registered Reservation. 

      3. We may, at our sole discretion and from time to time, offer instant or automatic confirmation for some or all Reservations. Doing so waives only the 24-hour assessment period at Step 2 (our right to take up to 24 hours to accept or decline); it does not remove, shorten, or alter any other requirement. Every Reservation, however it is accepted, must still complete Steps 1, 3, and 4 — including payment and the mandatory registration in Section 4 — before it is fully confirmed, and all other provisions of these Terms continue to apply.

4. REGISTRATION PROCESS

   1. Palm Springs maintains a robust regulatory framework for the management of short-term vacation rental properties, and The Twin Palms Art House strictly adheres to the terms of the Ordinance. As part of the registration process, after payment, the following steps are required of all bookings as part of Step 4 of the Reservation Process, each of which is mandatory of all Reservations.

      1. Rental Agreement. The Lead Guest must sign a Rental Agreement for the stay.

      2. Identity verification. Each adult on the booking must complete a quick ID verification. 

      3. Good Neighbor briefing & attestation. All adult guests must participate in a mandatory but very quick pre-stay briefing (under 5 minutes, conducted online) covering the local Good Neighbor Policy, followed by a 30-second digital attestation confirming attendance.

   2. Your Reservation is not fully confirmed until all three elements are complete. If any required element is not completed before check-in, we may delay access, cancel the Reservation, or deny occupancy, and cancellation charges under Section 8 may apply,​

5. LICENSE TO OCCUPY WITH NO TENANCY CREATED

   1. Your Reservation grants you a limited, revocable license to occupy the Property as a transient guest for the specific dates of your stay. 

   2. Your Reservation does not create a lease, a landlord-tenant relationship, or any residential tenancy, and it conveys no interest in real property. 

   3. You expressly acknowledge and agree that you are a transient occupant and that residential tenancy protections (including those relating to notice and eviction under California law) do not apply. 

   4. On expiry of your stay, or upon lawful termination of your license for breach of these Terms, you and your party must vacate the Property immediately.

6. PRICING, FEES AND TAXES

   1. Total Core Price

      1. The price for your stay is disclosed in full at booking and may include nightly rent, a cleaning fee, a direct booking administration fee, a payment processing fee (for card payments), and a stay protection fee covering mandatory identity verification and stay damage protection (hereafter Total Core Price).

      2. Optional add-ons — such as pool and spa heating — (hereafter Optional Add-Ons) are not included in the Total Core Price and are charged separately only if you choose to add them, as described below at section 6.21.

   2. Taxes

      1. Taxes are applicable to the Total Core Price. As required by law, your payable total also includes:

         1. City of Palm Springs Transient Occupancy Tax (TOT) of 11.5% on rent and applicable fees for stays of fewer than 28 nights; 

         2. Tourism Business Improvement District (TBID) assessment of 1%; and

         3. Palm Springs Tourism Infrastructure District (PSTID) assessment of 1% (effective December 1, 2026 for bookings on and made after that date)

      2. Tax rates are set by the City of Palm Springs and other authorities and are subject to change. All tax payments are payable in U.S. dollars to Locality LLC for monthly remittance to the City of Palm Springs.

   3. Cleaning Fee

      1. A fixed cleaning fee applies to every stay and is shown at booking.

   4. Direct Booking Administration Fee

      1. A direct booking administration fee of 2% applies to all bookings. 

      2. This modest fee is set at cost-recovery level and covers the cost of establishing, securing, and managing our direct-booking solution, web presence and data/cybersecurity investments. 

   5. Stay Protection Fee

      1. Every booking includes a mandatory Stay Protection Fee, shown at booking and charged in addition to the room rent. It is not optional and has two components: a damage-protection plan for the Property, and identity verification of each adult guest.

         1. Damage protection. The Property's damage protection is provided through our third-party damage-protection provider, at a per booking cost as shown at booking. This plan protects the Property and its owner against certain accidental guest damage. It is arranged for the owner's benefit and is not insurance for you; it does not reduce your responsibility for damage beyond what the plan covers (see Section 10), and it is not a substitute for your own travel or personal insurance, which we encourage you to obtain (see Section 14).

         2. Identity verification. As required under Section 4, each adult guest is verified through our third-party identity-verification provider, at the per-adult cost shown at booking. Prior guests may be eligible to have this verification cost refunded.

      2. The Stay Protection Fee is non-refundable once your booking is confirmed, except for any verification cost we agree to refund for a prior guest.

   6. Variable Payment Fee

      1. We accept Zelle and major credit and debit cards (specifically Visa, Mastercard, Discover, and American Express). Different payment types are charged differently. Our payment fees are entirely dictated by those fees.

      2. Zelle payments are payment fee free. 

      3. Card payments attract a payment fee set at variable rates as close to cost-recovery level as we can determine based on fees charged by our payment processor.

   7. Other fees

      1. A change-of-mind administration fee may apply where you cancel a reservation request before we have accepted it, as set out in the payment table at section 7.9.

      2. Nothing in this Terms of Service document precludes the application of additional properly disclosed fees associated with direct bookings of the property.

   8. Optional Add-Ons 

      1. In addition to the Total Core Price we may charge for Optional Add-Ons. These are optional add-on fees for distinct additional services, where the level of such fees and the availability of the services upon which they are levied is solely at our discretion but which we ensure will be transparently publicised to all guests at the time of booking, even where their purchase is necessarily not required at booking and can be made separately and at a later time. The same local taxes set out in section 6.5 above are leviable on all Optional Add-Ons.

         1. Pool and/or spa heating

            1. Heating for the pool and/or hot tub are optional, standalone add-ons. It is entirely voluntary and is not included in the quoted stay price. You are under no obligation to purchase it, and your booking is complete and fully usable without it. 

            2. Equally we are under no obligation to offer pool and/or spa heating and its non-provision for any reason in no way alters the Total Core Price of your booking.

            3. Pool and/or spa heating is charged per day heated and the rates for each of the pool only, the spa only and the pool and spa together will be published on our website, are subject to change and attract applicable taxes. 

         2. Requesting heating.

            1. To be provided as a matter of course, heating must be requested at least 48 hours before your check-in time for the pool and for the pool-and-spa combination, and at least 24 hours before your check-in time for the spa alone.

            2. A request made after these deadlines — whether before your arrival or once you are in residence — cannot be guaranteed. It is subject to availability and to the time the water needs to reach temperature (see 6.22.10), so heating may not be available immediately and, in the case of the pool, may take up to a further 24 hours from activation. We will use reasonable efforts to accommodate late and in-residence requests.

            3. Where we accommodate a late or in-residence request and are physically required to attend the Property to activate or adjust the heating, a call-out fee of US$100 applies. No call-out fee applies where we are able to activate the heating remotely.

         3. Cancelling pool and/or spa heating.

            1. Because the water must be brought up to temperature from cold, we switch the heating on before your arrival — 24 hours before your check-in time for the pool and for the pool-and-spa combination, and 12 hours before your check-in time for the spa alone.

            2. You may cancel heating for a full refund at any time before we switch the system on.

            3. Once we have switched the system on, one day's heating charge — the first heated day — is non-refundable, because the energy used to bring the water up to temperature has already been incurred. Each further heated day is refundable if you cancel it before that day's heating begins.

            4. Refunds are calculated in whole days; part-days are not refundable.

            5. Accordingly, the window to cancel heating for a full refund closes at switch-on: 24 hours before check-in for the pool and the pool-and-spa combination, and 12 hours before check-in for the spa.

         4. Separately billed

            1. Water heating charges are billed separately from, and in addition to, your stay price, using the payment methods we accept for direct bookings.

7. PAYMENT

   1. Payment Authorization & Chargebacks

      1. You authorize us (and our payment processors) to charge the payment method on file for the amounts you owe under these Terms, including the Total Core Price, any Optional Add-Ons you request, and any amounts for which you become liable under these Terms (for example, the cost of damage or loss you are responsible for under Section 10). 

      2. If a payment is declined, expires, or is reversed, we may suspend or cancel your Reservation. 

      3. You agree not to initiate a chargeback or payment dispute for amounts properly owed under these Terms; if you dispute a charge, you will contact us first to resolve it (Section 17). Initiating an unwarranted chargeback is a breach of these Terms, and you remain liable for the disputed amount plus any resulting fees.

   2. Payment methods 

      1. The payment methods we accept and the variable payment fees they attract are set out at section 6.15 above.

   3. Mechanics of making a reservation payment

      1. The mechanics of making a reservation payment may differ depending on your selected payment method, although as far as possible we have designed these mechanics to achieve as close to equivalence between them so as not to incentivise or disincentivise any one method over any other. 

      2. The following table definitively established these arrangements (please see bottom of this page)

      3. Where the California 24-hour cancellation right in section 8.21 applies, it prevails over the arrangements in the table below (including any forfeiture for non-completion).

8. CANCELLATION & REFUND POLICY

   1. Cancellation and refund determined by reservation type

      1. At booking you choose between a Standard Reservation and a Non-Refundable Reservation. 

   2. Standard Reservation

      1. Under a Standard Reservation charged at our standard direct-booking rates the following policy applies to Guest-initiated cancellations, calculated on total rent paid and excluding non-refundable taxes and third-party payment-processing fees where applicable:

         1. 100% refund if cancelled 57 or more days before check-in (greater than 8-weeks);

         2. 50% refund if cancelled 22 to 56 days before check-in (within 8-weeks);

         3. 25% refund if cancelled 15 to 21 days before check-in (within 3-weeks); and

         4. No refund if cancelled 14 days or fewer before check-in (within 2-weeks).

      2. Cancellation timing is measured from when we receive your written cancellation request (email is sufficient) relative to the scheduled check-in date. 

   3. Non-Refundable Reservation

      1. Under a Non-Refundable Reservation you receive a five percent discount off our standard direct-booking rates which is calculated and applied at booking. As is disclosed at booking, a Non-Refundable Reservation cannot be cancelled, modified, or refunded once confirmed.

      2. A Non-Refundable Reservation cannot be changed into a Standard Reservation by the payment of the additional 5% at a later date.

      3. Except as required by law (including the California 24-hour cancellation right in section 8.21), a Non-Refundable Reservation is not refundable, and nothing in these Terms entitles you to any refund, credit, or other accommodation beyond what is expressly stated here. We reserve the right, in wholly exceptional circumstances and entirely at our own discretion, to make a discretionary goodwill gesture; any such gesture creates no right, entitlement, expectation, or precedent, is not available on request, and is made only in accordance with, and subject to, our separate accommodation credit policy in effect at the time. Nothing in this paragraph confers, or may be read as conferring, any benefit or option on you.

   4. Other factors

      1. No refund is given for early departure, late arrival, unused nights, or no-shows. We recommend all Guests obtain travel insurance.

   5. Cancellation by Locality

      1. If we must cancel for reasons within our control (for example, the Property becomes uninhabitable), we will, at your option, offer comparable alternative dates or accommodation where possible or issue a full refund of amounts paid. Our liability for such a cancellation is limited as set out in Section 13.

   6. Cancellation for failure to meet registration or regulatory requirements.

      1. Completing the registration process set out in section 4 is mandatory and is required by the Ordinance; we cannot lawfully permit occupancy unless every registration step — signing the rental agreement, successful identity verification of each adult guest, and completing the Good Neighbor briefing and attestation — is completed by the required time. If you or any guest fails or refuses to complete these steps, we will cancel the Reservation. 

      2. A cancellation under this section results from your non-compliance and is not a cancellation by us, and the full-refund provision that applies when we cancel (section 8.11) does not apply. 

      3. Where the failure does not involve fraud or false information, we will treat it as a Guest-initiated cancellation taking effect on the date of the failure, and any refund is calculated under the Section 8 cancellation tiers (Standard Reservations) or is not refundable (Non-Refundable Reservations); non-refundable fees are retained in all cases. 

      4. Where the failure involves fraud, or false or fraudulent information or identification, the Reservation is void, and we will cancel it, retain amounts paid to the extent permitted by law as a reasonable pre-estimate of our loss, and pursue all other rights and remedies, including notifying the relevant authorities.

   7. Changes to a Reservation

      1. Requests to change dates are subject to availability and our written approval and may be treated as a cancellation and rebooking. Any rate difference will apply. Changes are not available for a Non-Refundable Reservation.

   8. California 24-hour cancellation right 

      1. Notwithstanding any other provision of these Terms, if your Reservation was made 72 or more hours before check-in, you may cancel it without penalty and receive a full refund of all amounts you have paid (including all fees), provided you cancel within 24 hours after the Reservation is confirmed and at least 72 hours before check-in. This right applies regardless of your reservation type (including a Non-Refundable Reservation) and prevails, for that period, over the cancellation tiers in section 8.4, any forfeiture amount, and the arrangements in the payment table at section 7.9. Any refund under this section is made to your original method of payment within 30 days. For the purposes of this section, your Reservation is "confirmed" when we accept your request (Step 2 of the Reservation Process).

9. FORCE MAJEURE

   1. Neither party is liable for failure to perform due to events beyond its reasonable control, including natural disasters, fire, flood, extreme weather, utility failure, government orders, public-health emergencies, or acts of terrorism. If a force majeure event prevents your stay, we will work with you in good faith to reschedule or issue a credit or refund of unused, recoverable amounts; we are not responsible for your travel, transportation, or other incidental costs.

10. DAMAGE PROTECTION & LIABILITY

    1. Damage protection and liability

       1. Damage protection for the Property is provided through the Stay Protection Fee (Section 6). 

       2. This damage-protection plan is arranged for the benefit of the Property and its owner. Subject to its terms, it may cover certain accidental damage caused during your stay up to the plan’s limit. It does not cover intentional damage, gross negligence, theft or missing items, unauthorized guests, pets, events, or smoking, excessive cleaning, violations of the Good Neighbor Policy, fines or penalties, or any other breach of these Terms — for all of which you remain fully responsible.

       3. You are liable for the full cost of any damage or loss the damage-protection plan does not cover, and for any amount exceeding its limit. You authorize us to charge such amounts to your payment method on file.

    2. Security deposit

       1. Due to the coverage described above, for most bookings we do not require a security deposit as the Property is protected instead by the damage-protection plan funded through the Stay Protection Fee, and you remain responsible for any amounts that plan does not cover, as described above.

    3. Festival exception

       1. We do however reserve the right to require a security deposit be paid on any weekend in the month of April, specifically to coincide with the Coachella Valley Music & Arts Festival and the Stagecoach Festival. In such a case a refundable security deposit or damage authorization hold of US$1,000 may be required. You authorize us to charge or retain against it for: damage beyond normal wear and tear; missing items; excessive cleaning; unauthorized guests, pets, events, or smoking; violations of the Good Neighbor Policy; fines or penalties assessed against the Property arising from your stay; and any other breach of these Terms or the Rental Agreement. We will return the deposit, less any lawful deductions, within 3-days after check-out with an itemized statement. You remain responsible for amounts exceeding the deposit.

       2. The Property reserves the right to waive this Festival security deposit requirement on a case-by-case basis entirely and its discretion.

11. IN-RESIDENCE REQUIREMENTS

    1. The section sets out the minimum requirements of guests when in-residence at the property. No provision in this section should be read as diminishing any legal requirements established by the Ordinance or elsewhere.

    2. Check-In, Check-Out & Access

       1. Standard check-in is after 4:00PM and check-out is at or before 11:00AM. Early check-in or late check-out is subject to availability and prior written approval.

       2. Guests are requested to confirm their actual planned check-in times during the booking process and check-out times the night before your departure by responding to the pre-departure communication sent by the Property.

       3. Access instructions are provided only after all registration steps in Section 4 are complete and access codes are sent in the 15-30 minutes prior to confirmed check-in times.

       4. A late check-out without approval will incur an additional night’s charge and impact incoming guests.

       5. You agree to leave the Property in the condition in which you received it, following any check-out instructions provided.

    3. Good Neighbor Policy & House Rules

       1. You and your entire party must comply with the Good Neighbor Policy at all times — both a City requirement and a condition of your stay. 

       2. The Property undertakes to ensure copies of the Good Neighbor policy are available to you and all guests at various points of the booking process and while you are in-residence with additional copies available upon request and located for download on the City of Palm Springs website.

       3. Additionally to the Good Neighbor policy the house is governed by a set of House Rules some of which reflect the content of the Good Neighbor policy but may add to that policy with specific requirements set at the Property level. 

       4. The Property undertakes to ensure copies of the House Rules are available to you and all guests at various points of the booking process and while you are in-residence with additional copies available upon request and on the Property website.

    4. Violations

       1. City citation — automatic removal. 

          1. If you or any member of your party breaches the Ordinance and the City issues a citation in connection with your stay, that citation automatically results in the immediate termination of your license to occupy and the removal of you and your party from the Property, without refund. This consequence is not at our discretion; it follows from the citation.

       2. Removal for breach of these Terms, the Rental Agreement, or the House Rules. 

          1. Separately, and on grounds that may be wider than the Ordinance, we may at our sole discretion refuse service, terminate your license to occupy immediately, and require you and your party to vacate the Property without refund if you or any member of your party materially breaches these Terms, the Rental Agreement, the Good Neighbor Policy, or the House Rules — including exceeding occupancy, hosting a prohibited party or event, creating a nuisance, smoking where prohibited, or engaging in illegal or unsafe conduct. A breach need not give rise to a City citation for this right to apply; it is enough that you are in breach of your obligations under these mechanisms.

       3. Immediate and additional 

          1. Any removal under this Section takes effect immediately and is in addition to our other rights and remedies, including charging your payment method on file for any amounts you owe under these Terms (for example, fines, penalties, additional cleaning, or damage).

       4. Fines. 

          1. Violations of the Good Neighbor Policy can result in significant fines to the operator under the Ordinance. You agree that any such fines, penalties, or enforcement costs caused by you or your party may be charged to you.

       5. General compliance with the law

          1. You must comply with all applicable laws — including, but not limited to, the Ordinance — throughout your stay. Any failure to do so is a breach of these Terms. Depending on the nature and severity of the breach, it may trigger either of the consequences set out above: at the lower end, our discretionary right to remove you and your party under 11.17; and where the breach results in a City citation, or involves illegal, unsafe, or seriously harmful conduct, immediate removal under 11.15. In every case, removal is without refund and is in addition to our other rights and remedies, including recovery of any fines, penalties, or costs.

12. NON-DISCRIMINATION

    1. Locality is committed to providing accommodation without unlawful discrimination. 

    2. We do not discriminate against any Guest on the basis of race, color, religion, national origin, ancestry, disability, medical condition, genetic information, marital status, sex, gender, gender identity or expression, sexual orientation, age, or any other characteristic protected by federal or California law, including the Unruh Civil Rights Act and the Fair Housing Act.

13. ASSUMPTION OF RISK, WARRANTIES, LIABILITY & INDEMNIFICATION

    1. Assumption of Risk

       1. Use of the Property and its amenities (which may include a pool, spa, and outdoor areas) carries inherent risks. You and your guests use these amenities at your own risk and are responsible for supervising minors at all times. You agree to use the Property safely and to promptly report any hazard or maintenance issue.

    2. Disclaimer of Warranties

       1. Except as required by law, the Property and its amenities are provided “AS IS” and “AS AVAILABLE.” To the maximum extent permitted by law, we disclaim all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Property, amenities, or any equipment will be uninterrupted or error-free; temporary outages of utilities, Wi-Fi, pool/spa heating, or appliances do not entitle you to a refund except as required by law or as we may offer at our discretion.

    3. Limitation of Liability

       1. To the maximum extent permitted by law, Locality and its owners, members, employees, and agents are not liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of enjoyment, arising out of your stay. Our total aggregate liability arising out of or relating to your Reservation will not exceed the total amount you paid to us for that Reservation. Nothing in these Terms limits liability that cannot be limited under California law, including for gross negligence or willful misconduct.

    4. Indemnification

       1. You agree to indemnify, defend, and hold harmless Locality and its owners, members, employees, and agents from and against any claims, damages, losses, fines, penalties, and expenses (including reasonable attorneys’ fees) arising out of or related to your stay, your use of the Property, your breach of these Terms, the acts or omissions of any member of your party, or any violation of the Ordinance or Good Neighbor Policy.

    5. Personal Property

       1. We are not responsible for loss of or damage to your personal belongings. Please secure valuables. Items left behind may be returned at your expense or disposed of after a reasonable period.

14. INSURANCE

    1. The damage-protection plan funded by the Stay Protection Fee (Section 6) protects the Property and its owner only. It is not insurance for you: it does not cover your personal property, your personal liability, your medical costs, or your travel losses. 

    2. We strongly encourage every Guest to obtain their own traveler’s or trip-cancellation insurance and appropriate personal-liability and personal-property coverage for the stay. 

    3. The owner’s insurance covers the building structure only and does not extend to you or your belongings.

15. PROHIBITED USES

    1. The following are specific examples of conduct that is not permitted at or in connection with the Property. They are in addition to — and do not limit — your other obligations under these Terms, including your obligation to comply with all applicable laws (General compliance with the law, above), the Good Neighbor Policy, and the House Rules. The fact that conduct is not listed here does not mean it is permitted. Without limitation, you and your party must not:

       1. host an unpermitted party, event, or commercial activity;

       2. exceed permitted occupancy, or sublet, assign, or re-list the Property;

       3. create a nuisance, or use fireworks, discharge weapons, or create fire hazards;

       4. tamper with safety equipment, exterior security cameras, or noise-monitoring devices; or

       5. bring unauthorized pets, or smoke or vape indoors or in any non-designated area.

    2. A breach of any of these is a breach of these Terms and may result in removal under the Violations section; where the conduct is also unlawful or breaches the Ordinance, the graduated consequences in General compliance with the law apply.

16. WEBSITE, CONTENT & THIRD-PARTY SERVICES

    1. Acceptable Use of Our Website

       1. Our website and booking platform, and all associated text, images, and design, are owned by or licensed to Locality and protected by intellectual-property laws. You may use the site only for lawful purposes connected to a genuine booking. You may not copy, scrape, resell, or misuse the site or its content, attempt to gain unauthorized access, or interfere with its operation. If the site offers accounts, you are responsible for keeping your login credentials secure.

    2. Guest Reviews & Submissions

       1. If you submit a review, photograph, testimonial, or other content to us, you grant Locality a non-exclusive, royalty-free, worldwide license to use, reproduce, and display that content in connection with marketing the Property. You are responsible for the content you submit and represent that it is accurate and that you have the rights to share it.

    3. Third-Party Services

       1. We use third-party providers to operate our business — including for  identity verification and payments processing, for our website host, and smart-lock, Wi-Fi, and noise-monitoring providers. Those services are governed by their own terms and privacy practices, and we are not responsible for their acts, omissions, or availability.

17. GOVERNING LAW, DISPUTE RESOLUTION & CLASS-ACTION WAIVER

    1. Governing law

       1. These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles.

    2. Informal resolution first 

       1. Before starting any formal proceeding, you agree to contact us and attempt to resolve the dispute informally in good faith for at least 30 days.

    3. Binding arbitration 

       1. Any dispute not resolved informally will be settled by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, seated in Riverside County, California, rather than in court, except that either party may bring a qualifying claim in small-claims court.

    4. Class-action & jury-trial waiver

       1. To the extent permitted by law, disputes will be resolved only on an individual basis; you and Locality waive any right to a jury trial and to participate in a class, collective, or representative action.

    5. Venue (if arbitration does not apply)

       1. If for any reason a dispute proceeds in court, it will be subject to the exclusive jurisdiction of the state and federal courts located in Riverside County, California, and you consent to venue there.

18. PRIVACY, COOKIES & ELECTRONIC COMMUNICATIONS

    1. Privacy & Cookies

       1. We collect and process personal information — including your name, contact details, and government-issued identification — to confirm your Reservation and comply with the Ordinance. 

       2. Our handling of your information, your privacy rights (including California/CCPA rights), and our use of cookies are described in full in our Privacy Policy and our separate Cookies Policy, both available at https://www.thetwinpalmsarthouse.com/privacy, which are incorporated into these Terms by reference. For security and neighbor protection, exterior-only monitoring devices (such as a doorbell camera or an outdoor noise monitor that does not record conversations) may be present; there is no surveillance inside the Property.

    2. Consent to Electronic Records & Signatures

       1. You consent to transact with us electronically. You agree that your electronic signature on the Rental Agreement, your completion of our identity verification process, and your digital attestation to the Good Neighbor briefing each have the same legal effect as a handwritten signature, and that we may deliver these Terms, confirmations, receipts, and legal notices to you by email or through our website. You may withdraw this consent, but doing so may prevent us from completing your Reservation.

19. GENERAL PROVISIONS

    1. Entire agreement 

       1. These Terms, together with the Rental Agreement, the Good Neighbor Policy, the Privacy and Cookies Policies, and any booking confirmation, are the entire agreement between you and Locality regarding your stay.

    2. Amendments to Terms

       1. We may update these Terms from time to time. The version in effect on your booking date governs your Reservation.

    3. Severability

       1. If any provision is held unenforceable, the remaining provisions remain in full effect.

    4. No waiver

       1. Our failure to enforce any provision is not a waiver of our right to do so later.

    5. Assignment

       1. You may not assign or transfer your Reservation without our written consent. We may assign these Terms in connection with a sale, merger, or transfer of the business or the Property.

    6. Notices

       1. Legal notices to us should be sent to the email in Section 20; notices to you may be sent to the email associated with your Reservation.

    7. Survival

       1. Sections relating to payment, damages, liability, indemnification, dispute resolution, and any other provision that by its nature should survive will survive termination of your stay.

20. CONTACT US

    1. Locality LLC — operator of The Twin Palms Art House (City Permit no. 003629); Email: localityllc@gmail.com; Phone: +1-415-590-099

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TABLE FROM SECTION 7: