Open Air Homes

Rental Terms & Conditions

Last updated: October 29, 2026

Open Air Homes: Rental Terms and Conditions

These Terms Control

These Rental Terms and Conditions (these “Terms”) govern the rental of any vacation rental property (the “Property”) specified in a confirmed reservation with Open Air Homes, Inc., CA DRE #02164159 (“Company,” “we,” or “us”), whether the reservation is made through our website, through a third-party service, in person, or over the phone. This Agreement is between: (1) Company, acting for itself and for the owner of the Property (“Owner”), and (2) the person who is the responsible renter of the Property (collectively “Renter” or “you”). You agree to these Terms when you request to book or take possession of the Property, whichever comes first, and they bind you and us once we approve your request. Company, in its sole discretion, may choose not to accept a reservation. These Terms apply notwithstanding any house rules displayed in the Property’s listing or the reservation, except as set out under Stays of 30 Nights or More.

Stays of 30 Nights or More

A stay of 30 nights or more is also governed by the California Association of REALTORS rental agreement you sign after we approve your request. If that agreement and these Terms conflict, the agreement controls.

Third-Party Terms

If you make a reservation for a Company related property through a third-party’s platform, your booking may be subject to that third-party’s own terms and conditions (“Third-Party Terms”). If any provision of applicable Third-Party Terms differs from these Terms, the provision of the Third-Party Terms will control.

Request to Book

  • When you request to book, we place a hold on your card, or an authorization on your bank account, for the amount due. Nothing is charged until we approve your request.
  • Our approval confirms your stay and makes these Terms binding on you and on us.
  • If we decline, we release the hold right away. Your bank may take a few days to show it.
  • If we have not answered within 5 days, the request lapses and the hold releases on its own.
  • We may approve at a lower amount than the hold. We never charge more than the hold without a new payment from you.

You authorize Company to charge the payment method you provide for the amount we approve, including the taxes, charges and fees shown at booking (the “Rental Fee”).

Fees

  • Cleaning: A cleaning fee is charged once per stay and is shown before you request to book.
  • Damage protection or deposit: A stay of under 90 nights includes damage protection for the stay; a stay of 90 nights or more has a refundable security deposit of one month's rent instead, returned within 21 days of move-out with an itemized statement.
  • Card prices and the bank transfer discount: Prices on this site are card prices. Paying by bank transfer gets a discount, shown in dollars before you pay. The discount is offered to every guest.
  • Occupancy tax: Occupancy tax is collected at booking where the city requires it and remitted as the law requires.

Registration Numbers

Where the city requires it, the home's registration or permit number is shown on its page.

Payment Terms; Fraud

If you are paying by credit or debit card, you represent that you are the account holder or an authorized user of the account. If for any reason, Company believes your payment may be refused by the card processor, Company may ask you for a different payment. Upon Company’s request, you will immediately provide another form of payment and adequate proof that you are the account holder or an authorized user of the account used for payment (such as a government-issued ID that matches the name of the account). Company may cancel your reservation or remove you and all Occupants from the Property immediately if you fail to provide a form of payment that can be validated by Company. You are responsible for, and you authorize the Company to bill your credit card on file for the full amount. If something goes wrong, please contact us first. Most issues are resolved within a day. We may share your credit card information and other information about you with law enforcement if we suspect fraud or other criminal activity.

Rental Policies

Minimum Age

The “Minimum Age” to rent the Property is 25 years of age. You agree to provide us with a copy of your valid driver’s license to prove your age and identity. A parent or legal guardian must accompany all guests who are under the Minimum Age for the entire duration of the rental.

Responsible Renter

As the Renter, you agree to be an occupant of the Property for the entire duration of the rental. All other occupants will be family members, other responsible adults over the Minimum Age, or accompanied by a parent or legal guardian. You agree to be solely responsible for your actions and the actions of all family members, guests, and invitees (collectively, “Occupants”) present at the Property at any time during your stay, and to ensure that all Occupants understand and comply with these Terms.

Good Neighbor Policy

Please treat the Property with the same care you would use with your own residence and leave it in the same condition it was in when you arrived. To prevent theft of or damage to furnishings or your personal property, you agree to close and lock doors and windows when you are not present at the Property and upon check-out. You and other Occupants agree to conduct yourselves throughout your stay in a manner that is respectful of and not disruptive to neighbors, traffic flow, or the community and that will not prompt complaints to Company from police, neighbors, or neighborhood or homeowner associations. Noise audible outside the Property is prohibited between 10 p.m. and 8 a.m. You and other Occupants agree to abide by all applicable parking restrictions and limitations.

Maximum Occupancy

The number of people present at the Property may not exceed the maximum occupancy indicated in the listing or the reservation for the Property unless authorized by Company. Guests who violate this policy are subject to immediate eviction and forfeiture of all rental payments. Over occupancy, parties, weddings/receptions, and other gatherings or events are strictly prohibited and will result in immediate eviction without refund unless otherwise specified in the property listing.

Check-in and Check-out Times

Check-in is 4:00pm and Check-out is 11:00am. If you do not vacate by check-out time, you authorize us to bill your credit card on file for a late departure fee of up to one night’s rental and we may remove all Occupants and their personal property from the Property.

No Smoking

No smoking is permitted anywhere on the Property at any time. Any violation of the no-smoking policy will result in a minimum $250 fine.

No Permanent Residence

You agree that your use of the Property is on a temporary and transient basis only; that you may not use the Property as a permanent residence; and that your permanent residence is and will remain elsewhere than at the Property.

Animals

No animals or pets of any kind are permitted at the Property except (1) as specifically authorized in your reservation, or (2) bona fide service animals that we are required by law to allow. For a stay of under 30 nights, emotional support animals are not permitted except as authorized pets. For a stay of 30 nights or more, a request for an assistance animal, including an emotional support animal, is handled as the law requires. Renter agrees that a prohibition on animals is not a guarantee that an animal has not been inside the Property or that the Property is free of animal or pet allergens. If you are traveling with a pet it is your responsibility to ensure the proper caging of your pet for the safety of our vendors.

Fines and Penalties

Renter will be responsible for any and all fines, penalties, or citations assessed, either at the time of incident or after departure, to them individually, to the Property, or to Company during their dates of occupancy including, but not limited to, noise, parking, and trash violations.

Amenities and Furniture

Please note that the amenities and furniture vary by property as each property is individually owned and therefore reflects the taste of each private owner. Amenities and furniture can also change from time to time. Company shall not be responsible for providing additional furnishings or equipment and will not be liable for changes made to properties or errors on the Company or any third-party marketing websites.

Events and Commercial Photography; Structures

Events and commercial photography or filming are prohibited at the Property without our express written permission. (If approved, additional conditions and fees may apply.) No tents or other structures may be erected on the Property without our express written permission.

Criminal Activity Prohibited

Use of the Property for any criminal activity is prohibited and may result in fines, prosecution, and/or your immediate removal from the Property. This prohibition extends to use of the Property’s internet service, if any, for criminal activity, including but not limited to unlawful downloads of copyrighted material, including movies, music, software, or other material. We may cooperate with any investigation of alleged criminal activity that occurred at the Property during your stay.

Lost and Found

It is the Occupants’ responsibility to check the property thoroughly prior to departure. Company shall not be liable for any personal items left at the Property by the Occupants. Company will make every effort to locate and return any left-behind item. Renter will be responsible for any shipping charges incurred with a $25 minimum fee.

Internet Access

Guests will be permitted to access the internet using the access information provided by Company through its website, provided that each Guest must agree and consent to the terms of such access as described on Company’s website and subject to Company’s Privacy Policy found at https://openairhomes.com/privacy-policy (the “Privacy Policy”). For clarity, all information you provide to the Company is subject to the Privacy Policy.

Rental Rates

Rental rates are subject to change without notice. Rates on confirmed reservations will not be changed unless additional dates are added to an existing reservation. The rate and rental listing information provided online, though deemed accurate, is not guaranteed. It is subject to errors, omissions, change of price or withdrawal without notice.

Properties for Sale

In the event that the Property that the Renter has rented is for sale, it may be necessary to have a realtor show the Property to a prospective buyer during the Renter’s stay. Our policy is to provide the Renter with a 24-hour notice. Company will make every effort to limit the number of showings and attempt to conveniently schedule the showings in an effort to not disturb the Renter’s vacation. Renter acknowledges that the acceptance of these Terms and Conditions includes agreeing to cooperate with showing requests during their stay. Renter also understands that in the event of a sale of the Property, the new Owner may not be contractually bound to honor existing reservations. In this event, the Company will notify the Renter prior to arrival to offer an alternate property. Renter will be entitled to a full refund of all payments made if alternate properties are not available or suitable.

Entry on Premises by Company

Although Company will make every attempt possible to notify you, Company reserves the right to enter the Property for periodic maintenance, repairs, improvements, to investigate disturbances, or to verify occupancy. For 30+ rentals we will give 24 hour notice prior to entering property.

Substitution of Property

Should unforeseen circumstances arise that are beyond Company’s control, (sale of Property, fire, damage, etc.) Company reserves the right to substitute the Property. In this event, the Company will notify the guest prior to arrival with as much advanced notice as possible to offer an alternate property. Renter will be entitled to a full refund of all payments made if alternate properties are not available or suitable.

Firearms or Weapons

Guests are required to provide notice of and obtain consent for any secured weapons prior to booking, failure to do so will result in immediate removal from property.

Failure of Equipment

Please notify the Company immediately in the event of any equipment malfunction or maintenance issue. Company will attempt to make repairs in a timely manner. For a stay of under 30 nights, guests waive claims against the Owner or Company for inoperable equipment, and discounts or refunds are not issued because of it. For a stay of 30 nights or more, repairs follow the rental agreement and California law. Should a repair service make a visit to a rental property and find the equipment is not in working order due to Renter misuse, oversight or neglect, the fee for the service will be charged to the guest.

Pools

Company Releases (as defined below) shall not be held liable for extreme weather or inoperable equipment. The pools are residential pools and are serviced approximately one to two times per week with a varied schedule. Please note that pool service technicians will have access to the pool area and may not always be heard when they arrive to service the pool.

Construction

Please note that the Company cannot predict nearby construction and is not notified of future, current, or ongoing construction. Therefore, neither Company nor the Owner shall be responsible to provide any advanced notification in the event of construction or construction noise beyond the confines of the Property. Audible construction noise shall not void these Terms nor shall it serve as a basis for claim for relocation, refund, price reduction, or other compensation.

Bunk Beds

There are certain risks associated with using a bunk bed and bunk bed ladder, and Renter and Occupants, to the extent such items are located on the Property, agree to use it at their own risk. Company Releases assume no responsibility for personal loss, injury, or illness of any kind which may result from use of the bunk bed and bunk bed ladder. Parents with children should be especially cautioned regarding ladder use and agree to accept all responsibility for minors. While not an exhaustive list of precautions, guests agree to follow these industry standards: 1) The use of top bunk is limited to occupants 6 years or older; 2) The use of the top bunk is limited to a maximum of 175 lb. weight; 3) No jumping or other horseplay on or around the bunk bed or ladder; 4) Always use the ladder for entering or leaving the upper bunk.

Cancellation Policy

Each home has its own cancellation policy for stays under 28 nights booked directly with us. It is shown on the home's page, on the request form, at checkout and in your confirmation email, and that is the policy for your booking. A stay of 28 nights or more follows the Long-term rule.

  • Long-term: Full refund until 30 days before check-in. Inside 30 days, the first 30 nights are owed. After check-in, the nights stayed plus 30 more nights are owed, or the rest of the stay if that is fewer.

California's 24-hour rule: You may cancel without penalty for 24 hours after your reservation is confirmed, if you booked at least 72 hours before check-in. We refund in full, including all fees, within 30 days.

Fees on a cancellation: Refunds are a share of the stay price for the nights refunded, plus the matching occupancy tax.

Except as expressly provided in these Terms no refunds or compensation will be given and Company shall not be liable to you for failure to make the property available for occupancy if the Property is unavailable or becomes partially or wholly unusable for any reason outside Company’s control, including but not limited to adverse weather conditions, natural disasters, mechanical failures, evacuation orders or other acts of government agencies, or utility outages. Company advises guests to obtain appropriate and comprehensive travel insurance that covers Renter and all Occupants and that includes coverage for personal injury and property damage or loss. Any travel insurance you obtain shall be primary for all occurrences in which you or any Occupant claims injury, loss or damage.

Maintenance or Housekeeping Issues; Property Conditions

Upon your arrival at the Property, you should inspect the rental unit to ensure the Property condition is to your satisfaction. If you find any conditions you need to report as unsatisfactory or damaged upon your arrival, you should report such conditions within two hours after the time you arrive at the Property. After the two-hour period expires, the Property is provided as is and we are not responsible for the inoperability or unavailability of any amenities. You agree to contact the Company, using the contact information provided in your check in email, as soon as you notice any maintenance or housekeeping problem, or any potentially hazardous condition, at the Property, or if any incident occurs at the Property that is related to such a problem or condition. You further agree to give Company a reasonable amount of time to respond to your report and to cooperate with Company’s efforts to address the concern or provide a remedy. We will take reasonable and appropriate steps to remedy any reported problem as soon as practicable. We may enter the Property at your invitation to remedy any problem you report, at reasonable times and with reasonable notice to inspect, maintain, or repair the Property, and to address any situation that we reasonably deem an emergency that threatens persons or property. You acknowledge that if the Property has access to amenities that are shared with other properties, such as a shared pool, hot tub, parking lot, or fitness center, that the availability and condition of those amenities is outside Company’s control.

Legal Terms

Governing Law

This Agreement shall be governed by the laws of the State of California without regard to its conflicts of law principles.

Assignment

Company may assign these Terms or any of its rights, or delegate any of its duties under these Terms, at any time without your consent.

Force Majeure

Company will work diligently to ensure Guests’ stay is pleasant. However, the Company will not be held liable or issue refunds for circumstances beyond its control. This includes but is not limited to inclement weather, fire, pandemics, and any other acts of nature.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT CALIFORNIA LAW ALLOWS, NEITHER THE OWNER OF THE PROPERTY NOR COMPANY, NOR THEIR AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, CONTRACTORS, DIRECTORS, EMPLOYEES, AGENTS OR OWNERS, IS LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR STAY, WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. NOTHING IN THESE TERMS LIMITS OR WAIVES LIABILITY FOR GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR A VIOLATION OF LAW, OR FOR PERSONAL INJURY OR DEATH CAUSED BY NEGLIGENCE.

Waiver and Indemnity

For a stay of under 30 nights, the Renter waives and releases the Owner and Company, its principals, officers, contractors, owners, agents and employees ("Company Releases") from liability, claims, damages and causes of action related to the Property, any pool or hot tub on it, and the Renter, their guests and invitees at the Property, including the condition of the Property, property damage, theft, and injury to or death of any Occupant, guest or invitee. This release does not cover injury or death caused by the negligence, gross negligence or willful misconduct of a Company Release. For a stay of 30 nights or more, the rental agreement sets out each party's responsibilities. For every stay, the Renter shall indemnify and hold harmless the Company Releases from claims arising from the acts or omissions of the Renter, the Occupants, and their guests and invitees.

Attorney Fees

In the event of any legal proceeding to interpret or enforce these Terms, Company shall be entitled to an award of its reasonable attorneys’ fees and costs incurred during such proceeding, including trial, appellate and bankruptcy courts.

Property Damage

In an effort to provide the best possible experience, Occupants should notify Company of any and all damages to the Property immediately upon arrival. Immediately reporting damages to the Company will help to prevent Renter from being charged for damages in error. Renter will be financially responsible for damages to the Property and its contents during their dates of occupancy, with obvious exclusions such as acts of God and damages deemed as normal wear and tear. Company requires an active credit card on file to be used in the event of Property or contents damage.

Safely Insurance Coverage

If your reservation was confirmed through a platform that does not include guest and host insurance protection, such as Airbnb, all stays under 90 nights will be automatically enrolled in coverage through our Safely Insurance Policy. The cost of this coverage is included in the booking price breakdown and is calculated based on the length of your stay. The Safely Protection Policy covers the cost of repairing damage to the property up to $10,000 for contents and $1,000,000 for dwelling. The fee for this protection is nonrefundable. Any deductible, minimum claim amount, or cost of repair in excess of the coverage limits will be the responsibility of the Guest, and Open Air Homes will process the payment using the form of payment on file for Guest after check-out.

Acknowledgement and Waiver of Liability for Use of Amenities

Please review and acknowledge the following usage guidelines and liability terms for the on-site amenities, including but not limited to the pool, spa, workout equipment, sauna, and other communal facilities. Your compliance with these guidelines is required before using the amenities. The waivers in this section apply to stays of under 30 nights, and none of them waives a claim for injury caused by negligence.

  • Assumption of Risk: I understand that the use of the pool, spa, workout equipment, sauna, and other property amenities carries inherent risks, including the potential for personal injury or property damage. I voluntarily assume all such risks associated with using these facilities.
  • Waiver of Liability: I release the property owner, host, and management from any liability for injuries, accidents, or damage to personal property arising from the use of the pool, spa, workout equipment, sauna, or other communal facilities. I agree to hold the host harmless from any claims or damages related to my or my guests’ use of these amenities.
  • Compliance with Rules and Guidelines: I agree to comply with all rules, guidelines, and instructions regarding the use of the pool, spa, workout equipment, sauna, and other communal amenities. I understand that failure to follow these rules may result in the suspension of my access to these facilities.
  • Supervision of Minors: If applicable, I will supervise any minors in my care while using the property’s amenities. I acknowledge that I am responsible for their safety and ensuring they comply with all relevant rules.
  • No Lifeguard on Duty: I acknowledge that no lifeguard is on duty in the pool area. I am solely responsible for my own safety and the safety of any minors in my care while using these facilities.
  • Health and Physical Condition: I affirm that I am in good health and have no medical conditions that would prevent me from safely using the pool, spa, workout equipment, sauna, and other communal amenities. If I have any concerns about my health, I will consult a medical professional before using these facilities.
  • Use at Own Risk: I understand that the use of these amenities is entirely at my own risk, and the host is not responsible for any accidents, injuries, or incidents that may occur while using the facilities, even if the property is unattended.
  • Damage to Property: I am responsible for any damage caused to the amenities or property by myself, my guests, or any minors in my care. I agree to cover the cost of repairs or replacements for any such damage.
  • Alcohol and Drug Use: I understand that the use of alcohol or impairing substances while using the pool, spa, workout equipment, sauna, or other communal facilities increases the risk of injury. I agree to use these amenities responsibly and acknowledge that intoxicated or impaired use is prohibited.
  • Emergency Services: In case of an emergency, I am responsible for contacting the appropriate emergency services (e.g., 911). The host and property management are not responsible for providing immediate emergency services.
  • Restricted Hours of Use: I agree to use the communal amenities only during designated hours of operation and to respect any and all quiet hours or other usage restrictions.
  • Acknowledgment of Rules: By booking, I confirm that I have read, understood, and agreed to all the terms and conditions outlined above, and I will ensure all members of my party do the same.

Consequences of Breach; Charges for Damage

Any failure by you or any other Occupants to comply with any of the terms, conditions, or policies above or elsewhere in these Terms is a breach of these Terms and may result in a forfeiture of your rights to rent the Property, up to and including immediate removal from the Property without refund and with or without the assistance of law enforcement. Company may terminate these Terms for breach, and if you are notified of such termination you agree to leave the Property immediately. In addition, you are responsible for, and you authorize us to bill your credit card on file for the full amount of: (1) any damage or loss that occurs at the Property during your stay; (2) a charge of up to $1,000 USD for violations of the pet policy, including for bringing more pets or different types of pets than specifically authorized; (3) an additional cleaning fee of up to $500 USD (or the actual cost of cleaning services, if greater) for violations of any of the guest policies above (other than the pet policy) or for excessive cleaning required by the acts or omissions of any Occupant during your stay; and (4) any fines issued by police, other government officials or agencies, utility providers, and/or homeowner associations for violation of any law, ordinance, or rule during your stay, and any damages (which may exceed the amount of fines) that result from the violation. If any unauthorized download of copyrighted material via the Property’s Internet service occurs during the period of your stay, you agree that we may share your contact information with the internet service provider or any other party we believe, for any reason, has enforcement rights.

Dispute Resolution

Before either of us files a claim, the party with the dispute sends the other a written notice describing it and the relief wanted, and we both try in good faith to resolve it within 30 days. Notices to us go to reservations@openairhomes.com.

If the dispute is not resolved within those 30 days, it will be decided by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before one arbitrator, in Los Angeles County, California. Judgment on the award may be entered in any court with jurisdiction.

Either of us may instead bring an individual claim in small claims court if it qualifies.

Claims may be brought only individually, and not as a plaintiff or class member in any class, collective or representative proceeding. Class actions are waived, and the arbitrator may not combine claims or award relief to anyone not a party.

We pay the AAA's filing, administration and arbitrator fees beyond the share the Consumer Arbitration Rules assign to the consumer.

You may opt out of this arbitration agreement by emailing reservations@openairhomes.com within 30 days of your first request to book, with your name and the words "arbitration opt-out". Opting out changes nothing else in these Terms.

These Terms are governed by California law.

BY REQUESTING TO BOOK WITH OPEN AIR HOMES, INC., YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THESE TERMS, WHICH BIND YOU AND US ONCE WE APPROVE YOUR REQUEST. FOR A STAY OF 30 NIGHTS OR MORE, YOU ALSO SIGN THE CALIFORNIA ASSOCIATION OF REALTORS RENTAL AGREEMENT AFTER APPROVAL, WHICH CONTROLS IF THE TWO CONFLICT.
Rental Terms and Conditions | Open Air Homes