16. Attorney's Fees: If Believe Rentals and/or Owner consults legal counsel or a professional collection service, for collecting any amounts due to Believe Rentals and/or Owner under this Agreement. Licensee shall be responsible for all costs of litigation and/or collection in case of such, including actual attorney's fees.
17. Limitations on Rental:
Believe Rentals and or Owner will not be liable for circumstances beyond their control, including but not limited to appliances or air-conditioning/heating failure, other mechanical failure, unfavorable weather, disruption of utility services including cable television, Internet, streaming services, etc. There will be no relocation, rental pro-ration or refund in the event of such circumstances. In the event Believe Rentals is unable to deliver the Property to Licensee because of property sale, property owner decision, fire, mandatory evacuation, eminent domain or Acts of Nature, or if the property is unavailable because of construction delays or lack of utilities, Licensee agrees that Believe Rentals's sole liability, as a result of any of these conditions, will be a full refund of all payments tendered by Licensee. Licensee and Believe Rentals agree that in case of double booking or occupancy by Owner, Licensee will be ONLY entitled to a full refund of all monies previously tendered by Licensee. If Believe Rentals is able to relocate Licensee, Licensee agrees to pay the difference in rental amount, should Licensee accept alternate accommodations. Licensee expressly acknowledges that in no event will Believe Rentals be held liable for any other condition out of the control of Believe Rentals or the Owner, or for any incidental or consequential damages, including but not limited to, expenses that result from moving or for any other losses.
The Licensee acknowledges that this is NOT a tenancy for the Property. The Property is not rented for more than 30 days, and is taxed and treated as a transient occupancy, akin to hotel accommodations. Property laws do not apply to the license granted herein, and the Licensee may be removed as a trespasser immediately upon termination of this license. The Property is rented on regular short term periods, and for a significantly higher rate than a non-vacation rental. Often a licensee is scheduled to begin a vacation in the Property on the same day as the check-out day of another prior licensee. If Licensee stays even one additional day, Believe Rentals would face significant logistical problems with the next licensee, including possible liability. As such, Licensee agrees to vacate immediately on the check-out day, at 11:00 a.m. Failure to do so will entitle Believe Rentals, in addition to all other remedies available to it, to: have Licensee ejected by law enforcement as trespasser; and to physically remove Licensee and all of Licensee's possessions from the Property, for which Licensee hereby grants permission and consent; and obtain damages and injunctive relief against Licensee.
Licensee agrees to release and indemnify Believe Rentals and Owner from and against all liability should anyone be injured upon the premises during the term of occupancy, resulting from any cause whatsoever, except in the case of personal injury caused by willful gross negligence on the part of the Owner or Believe Rentals.
20. Owner Changes:
Every effort is made to ensure all information on the web site and other documentation is accurate and complete. However, Believe Rentals is not liable for errors, omissions, mistakes, price changes and any changes by the Owner in furnishings, equipment, bed arrangements and other accommodations.
Believe Rentals may not be held responsible for failure to disclose information regarding construction outside the property boundaries.
22. Parking: Under this agreement, Licensee is responsible for parking in their assigned space (if available) and holds sole responsibility for ensuring that they are parked appropriately. Believe Rentals is not liable for any parking fines incurred by licensee during their stay. In proper parking may result in towing at Licensee expense.
23. Relationship with Owners of Subject Property:
It is hereby disclosed that Believe Rentals has a contractual relationship with the Owners as the Owners' agent. This contractual relationship employs Believe Rentals to forward information to the Owner, act according to Owner's directions and treat all parties honestly, fairly, and in good faith. All rentals are subject to confirmation by Owner. Licensee agrees that Believe Rentals will not be liable for damages caused by decision of the Owner.
24. Effective Date:
Not withstanding anything to the contrary, this Occupancy Agreement is binding and effective when no signature is required, and Licensee's affirmative assent to the terms is expressed by Licensee's reservation of the unit. If Licensee desires to terminate this agreement due to lack of assent, he/she must do so within three days of the date the reservation was made. Believe Rentals receives a Reservation Deposit.
25. Governing Law:
The terms and conditions stated herein will be interpreted by and governed under the laws of the State of California and any action arising out of this agreement shall be litigated in the county of Los Angeles, State of California.
26. Attorney's Fees:
In the event of any action or proceeding commenced by any party, the prevailing party in such action or proceeding shall be entitled to recover from the other party all cost and expenses thereof, including actual attorney's fees and cost.
27. Invalid Provisions:
If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully sever-able and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by it's severance hereof. Furthermore, in lieu of such illegal, invalid, or unenforceable provision there shall be added automatically as a part of the Agreement a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and still be legal, valid, or enforceable.
28. Entire Agreement:
This Agreement sets forth the entire understanding of the parties and supersedes all prior agreements or understandings, whether written or oral, with respect to the subject matter hereof. No amendment or modification hereto shall be binding unless made in writing and signed by the parties hereto.
29. Waiver: The waiver by either party hereto of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of a subsequent breach of same provision by any party or of the breach of any other term or provisions of this Agreement.