Livin Vacation Homes will provide professional short-term rental management services, including:

• Marketing & Listing Management: Listing the Property on platforms such as Airbnb, Vrbo, and our direct booking website, using optimized descriptions, pricing strategies, and professional photography.

• Guest Communication & Support: Handling inquiries, bookings, check-in/check-out procedures, and 24/7 guest support.

• Housekeeping & Maintenance: Scheduling and coordinating cleaning services, routine maintenance, and necessary repairs.

• Pricing & Revenue Management: Implementing dynamic pricing strategies based on market trends, seasonality, and competition.

• Legal & Compliance Assistance: Ensuring that rental policies align with platform regulations and assisting the Owner with compliance on permits and licenses (if applicable).

• Payment Processing & Financial Reporting: Collecting rental payments, deducting service fees, and providing monthly statements detailing income and expenses.

The Owner agrees to:

1. Ensure Property Compliance: The Property must meet all local laws, ordinances, zoning regulations, and safety requirements (e.g., smoke detectors, carbon monoxide detectors, fire extinguishers).

2. Provide Adequate Insurance: The Owner must maintain a valid short-term rental insurance policy with sufficient liability coverage.

3. Maintain the Property: The Owner is responsible for structural maintenance, major repairs, and ensuring the home remains in rentable condition.

4. Update Availability Calendar: The Owner must provide advanced notice of personal use to avoid conflicts with guest bookings.

5. Allow Property Access: Livin Vacation Homes and its service providers (cleaning staff, maintenance personnel) must have access to the Property for guest stays, inspections, and urgent repairs.

• Provide Essential Amenities: The Property must be furnished and stocked with basic necessities, including linens, towels, and kitchen essentials.

• The Company will create and manage the Property’s online listing(s) and maintain accurate descriptions, pricing, and availability.

• The Owner acknowledges that the Company has discretion over guest acceptance based on screening procedures and platform policies.

• The Owner agrees not to communicate directly with guests to alter reservations, rates, or house rules without Company approval.

• The Company reserves the right to modify pricing based on demand, market conditions, and seasonality.

• The Company will collect guest payments and distribute net earnings to the Owner after deducting applicable management fees, cleaning costs, and any other agreed-upon expenses.

• Payments to the Owner will be made on a monthly basis, with a detailed financial statement provided.

• Any repairs or maintenance exceeding $200 per occurrence will require prior Owner approval unless it is an emergency requiring immediate attention.

• If a guest disputes a charge or requests a refund due to service-related issues, the Company will handle the matter in accordance with platform policies.

• Cancellation policies will follow the guidelines set by each booking platform (e.g., Airbnb, Vrbo).

• The Owner may not cancel an existing reservation unless due to extenuating circumstances. Unauthorized cancellations may result in penalties or guest compensation costs.

• If the Owner wishes to pause or suspend rentals, at least 30 days’ notice is required to avoid booking conflicts.

• All guests must adhere to house rules set by the Owner and Company.

• The Company will enforce strict guest screening procedures, including identity verification and reviewing past guest ratings.

• The Owner understands that minor wear and tear is expected but significant damages will be covered through security deposits or applicable protection programs (e.g., Airbnb Host Guarantee, Vrbo Property Damage Protection).

• If guest-caused damage occurs, the Company will document the issue, coordinate repairs, and handle claims against security deposits or insurance.

• The Property will be professionally cleaned after each guest stay.

• The Owner agrees to allow the Company to schedule periodic deep cleaning and maintenance.

• Emergency repairs under $200 may be conducted without prior Owner approval to ensure guest satisfaction and avoid negative reviews.

Item descriptionThe Owner is responsible for obtaining a vacation rental insurance policy with liability coverage.

• The Company is not liable for any property damage, theft, personal injury, or legal claims resulting from guest stays.

• The Owner agrees to indemnify and hold harmless the Company from any liability claims arising from guest stays or third-party vendors.

• This Agreement is month-to-month unless otherwise specified.

• Either party may terminate this Agreement with 30 days’ written notice.

• If terminated, the Owner must honor all confirmed guest reservations, or cancellation fees may apply.

• Any unpaid fees, service costs, or outstanding balances must be settled before termination is finalized.

• The Owner is responsible for obtaining necessary permits, business licenses, and paying applicable taxes.

• The Company is not liable for penalties, fines, or legal issues resulting from non-compliance.

• Both parties agree to keep financial records, business strategies, and guest data confidential.

• The Company will comply with data protection laws and ensure guest information is securely handled.

• The Company reserves the right to update these Terms and Conditions with prior notice to the Owner.

• Any disputes will first be attempted to be resolved through mediation. If unresolved, legal proceedings will be conducted in the jurisdiction where the Company operates.

By engaging with Livin Vacation Homes and listing the Property under our management, the Owner acknowledges and agrees to these Terms and Conditions.

What Are Transient Occupancy Laws and TOT?

In California, Transient Occupancy Tax (TOT) and transient occupancy laws are important legal considerations for vacation rental businesses like yours. Here's what you need to know:

a. What Is Transient Occupancy Tax (TOT)?

TOT is a local tax imposed on guests staying in short-term rentals for 30 days or fewer. It’s sometimes called a “hotel tax” or “bed tax” and is collected by cities or counties to fund public services like infrastructure, tourism promotion, and public safety.

How It Works:

• The tax is usually a percentage of the nightly rate, ranging from 8% to 15%, depending on the city or county.

• As a property manager, you are responsible for collecting TOT from guests and remitting it to the local jurisdiction.

• TOT must be included in your pricing and booking agreements so guests are aware of the tax before booking.

b. What Are Transient Occupancy Laws?

These laws regulate the operation of short-term rentals to ensure compliance with local zoning, health, and safety regulations. They often require permits, licenses, and adherence to local ordinances.

Typical Requirements in California:

1. Short-Term Rental Permit
   
   

   • Many cities require property owners or managers to obtain a permit to operate a short-term rental.

   • Permits often have fees and renewal requirements.

2. Business License
   
   

   • Some jurisdictions require property managers to have a business license in addition to the short-term rental permit.

3. Maximum Stay Limitations
   
   

   • Short-term rentals are usually limited to 30 consecutive days.

4. Safety and Health Compliance
   
   

   • Properties must meet local health, safety, and zoning standards (e.g., smoke detectors, fire extinguishers, emergency exits).

5. Guest Limitations and Quiet Hours
   
   

   • Many cities enforce occupancy limits and quiet hours to minimize disturbances in residential areas.

c. TOT Collection and Remittance

You must register with the local tax authority to report and remit TOT. Some jurisdictions allow online registration and payment. The process involves:

1. Registering the property with the local tax authority.

2. Collecting TOT from guests as part of the booking process.

3. Filing TOT returns (monthly, quarterly, or annually, depending on the jurisdiction).

4. Paying the tax to the local government.

d. Penalties for Non-Compliance

Failure to comply with transient occupancy laws can result in:

• Fines and penalties

• Revocation of permits or licenses

• Legal action from local authorities

e. TOT Exemptions

Certain guests may be exempt from TOT, such as:

• Long-term stays (over 30 days)

• Government employees traveling on official business

f. Airbnb, VRBO, and TOT

Platforms like Airbnb and VRBO automatically collect and remit TOT on behalf of hosts in some jurisdictions. However, it’s your responsibility to verify whether your local government requires you to remit TOT separately.