Pacaso home policies
Respectful policies and procedures to enhance the experience of all owners and their neighbors.
Company and owner roles
Owner Management Inc., a Delaware corporation (“Owner Representative”) is the Non-Owner Manager of the limited liability company (the “Company”) that owns the Pacaso Home (as defined below). The Company is operated and managed by Owner Representative under the terms of that certain Limited Liability Company Operating Agreement (the “LLC Agreement”). Under the terms of the LLC Agreement, the members of the Company (the “Owners”) are the owners of limited liability company membership interests (the “Membership Interests”).
Owner Representative is responsible for overseeing the operations of Company in connection with its ownership of that certain residence described in the LLC Agreement and referred to as the “Pacaso Home.” Owner Representative has also caused the Company to enter into that certain Program Management Agreement (the “Program Management Agreement”) with Pacaso Inc., a Delaware corporation (sometimes hereinafter referred to as “Program Manager” and sometimes as “Pacaso”).
Owner Representative has prepared these Pacaso Home Policies as contemplated by the LLC Agreement. Program Manager will manage the Program and the Pacaso Home in accordance with the LLC Agreement, the Program Management Agreement and these Pacaso Home Policies. Unless specific definitions are highlighted in these Pacaso Home Policies, the capitalized terms contained in these Pacaso Home Policies have the meanings given to them in the LLC Agreement. These Pacaso Home Policies supplement the LLC Agreement. They do not change any of your obligations as an Owner, whether under the LLC Agreement or any other Pacaso Home Documents. The Owner Representative and the Program Manager have the sole and exclusive authority to amend these Pacaso Home Policies as provided in the LLC Agreement and the Program Management Agreement. If you fail to comply with them the Owner Representative and/or the Program Manager have the authority to levy certain penalties and sanctions upon you, including, but not limited to, the suspension of your rights and privileges as an Owner, including your right to reserve Stay Nights (see Section 1.18 below).
Policies and procedures
Last updated July 27, 2021
THE PACASO WEBSITE AND PACASO APP
The Pacaso Website and App will be the essential and primary tools that you, as an Owner, will use to make your Stay Night reservations and any special requests. In order to ensure that the changing dynamics of the travel and lodging world are represented in real time on the Website and App, the specific policies and rules contained here are, at best, guides for you to use as you become familiar with your access to the Pacaso Home. You should always consult the Website for the latest in stay and Stay Night practices and procedures. What follows here is an outline of the things you’ll find on the Website and App.
1.1 STAY PROCEDURES AND USE RIGHTS
The Program: Our goal is to make it as easy and streamlined as possible for you and your Guests to use and enjoy your Pacaso Home. The Pacaso Website and App are the places where you can go to make and manage your reservations, determine the amount of your Stay Currency that is required for making reservations, and to fill in all the details necessary to give you the best possible experience as an Owner of the LLC that owns your Pacaso Home. The Program described in the LLC Agreement is summarized here. Please check out the Website and App for additional details. When you become a member, you will register with Pacaso and establish your personal identification code and your user name that will allow you access to the portals on the Website and App that will give you the information only you, as an Owner, will be able to see.
Stay Value and Stay Currency: Pacaso has utilized the most advanced algorithms to conduct a detailed evaluation of the calendar for purposes of establishing the Stay Values attributable to the Pacaso Home, whether for a one-week stay or longer visit. This process takes into account present market conditions, scheduled regional and local events, proximity to special venues and attractions, seasonal climate variations and other relevant factors influencing how people use and enjoy second home stays in the area of the Pacaso Home. Stay Values associated with each Stay Night may vary, and be adjusted from time to time by Pacaso as usage patterns affecting the Pacaso Home may change over time. Your Stay Currency is the amount you have to “spend” at any point in time to make reservations of the Pacaso Home. The amount of Stay Currency you and other Owners in the Pacaso Home are allotted equals the total Stay Value of the relevant measuring period divided by eight (8), given that there are eight (8) equal shares owned by Owners in the Pacaso Home. How you “spend” your Stay Currency is up to you.
Stays and Stay Nights: You should consult the Website and App for current stay and Stay Night policies. Presently, you may have up to six (6) stays on the books during the twenty-four (24) month period that looks forward at any point in time. Maximum lengths of stay and the ability to make back-to-back stays is also covered on the Website and App.
Your Annual Owner Fees cover the anticipated expenses of making the Pacaso Home available to you. Initially, each 1/8th share is entitled to forty-four (44) Stay Nights during any given twelve (12) month period, looking backwards. If you make stays for more than those “included” Stay Nights, you will have to pay an additional fee per night to cover the nightly cost of having that Stay Night available to you.
Special Date Stays: In addition to the limitation that you may only have six (6) confirmed stays on the books at any time, certain Stay Nights may have been designated on the Website and App as Holiday Periods or Special Event Periods (together, “Special Dates”). For each Membership Interest you own, you may only have one (1) stay for a Special Date confirmed at any time, and you must reserve all of the Stay Nights within the Special Date so reserved.
Extra Time and Short Notice Stays:
- Extra Time: If you are in residence at the Pacaso Home during one of your Stays, and you desire to add some extra Stay Nights to your visit, it may be possible to do so. You can go to the Website and App any time during your stay to see if the Pacaso Home might be available for you to add some extra time to your stay. Extra Time, if available, may be booked directly on the Website and App, subject to the Scheduling Rules set forth on the Website and App.
- Short Notice Stays: In addition to your ability to have as many as six (6) Stays booked on the system at any given time, we want to ensure that the Pacaso Home is available for maximum use and enjoyment. Accordingly, if the Pacaso Home is available at any time within seven (7) days from any given date, you may be able to make a short notice stay for all or any portion of that time, again subject to the Scheduling Rules set forth on the Website and App. Short Notice stays count against your Stay Currency but do not count against your 6 stay limit.
- Stay Currency Required for Extra Time and Short Notice Stays: In the event you do not have sufficient Stay Currency to make the booking, you will pay for those extra Stay Nights not charged to your Stay Currency Account when you pay your Personal Charges, and those funds collected by Pacaso will be credited to other Owners as described in the Charges and Credits Section, below.
Charges and Credits: The purpose of the Stay Currency system is to make the cost of providing you with equitable opportunities to use and enjoy the Pacaso Home a “zero sum game.” Each year the Program Manager will prepare the Budget for the Pacaso Home, which Budget shall be the Program Manager’s best estimate of what it is going to cost to maintain the Pacaso Home in a manner consistent with the Pacaso Standard and to provide for the operation of the Program. The Budget total will be billed equally among the Owners (on a per Membership Interest basis) as Annual Owner Fees. The cost-per-Stay Night is reflected in the Stay Values, and no one is making any profit from the application of this system.
Accordingly, if an Owner does not desire to use all of that Owner’s Stay Nights in any given year, that means that extra Stay Nights may be available for other Owners’ enjoyment. The Reservation Rules on the Website and App contain a detailed summary of how this works, the cost to reserve such additional Stay Nights, how those costs are paid and distributed to the non-using Owners and the like. Please consult the Website and App for these details.
1.2 ARRIVAL/DEPARTURE PROCEDURES FOR OWNERS
Arrival dates and times will vary and can be confirmed through the Website and App.
The Program Manager will provide you access to the Pacaso Home as soon as it is available. Early arrival requests are encouraged but not guaranteed. Early arrival requests should be made through the Website and App, or by calling the Program Manager. You may be able to make arrangements for a late departure by confirming those arrangements through the Website and App or by telephone with the Program Manager in advance, if there is availability to do so. Late departures are not guaranteed.
You are responsible for the conduct of your Sponsored Guests if you elect to have them stay at the Pacaso Home, and Program Manager reserves the right to request identification in addition to a major credit card or cash deposit in an amount to be set by the Program Manager from any Sponsored Guest.
1.3 OCCUPANCY RESTRICTIONS
The maximum allowable overnight occupancy for the Pacaso Home is generally two (2) people per bedroom, but any special occupancy rules for the Pacaso Home (including rules relating to very young children) will be posted on the Website and App. Absolutely no large events or parties shall be conducted at the Pacaso Home that would exceed the maximum occupancy for the Pacaso Home, violate any house rules, noise ordinances, on-street parking limitations or cause disruption for the surrounding neighborhood. In the event that any noise or nuisance related complaints are received, Program Manager reserves the right to take action and require guests to vacate the Pacaso Home. The daytime occupancy limit for the Pacaso Home is two (2) times the overnight occupancy limit (as established in the first sentence of this paragraph), and anything beyond that daytime occupancy limit would constitute a “large event.”
If you are not current in the payment of any amounts you may owe to the Company or the Program Manager, or if your use rights have been suspended by the Owner Representative or the Program Manager for any reason, you will not be permitted to occupy the Pacaso Home until your Delinquencies and any late charges are paid or your suspended use rights have been restored.
1.4 PAYMENT OF PERSONAL CHARGES AND RESPONSIBILITY FOR DAMAGE
You must provide a major credit card, Pay Pal or Venmo account (your Owner Account) to the Program Manager so that your Personal Charges may be paid by billing to your Owner Account. A major credit card, PayPal or Venmo account may also be required of all Sponsored Guests upon arrival for this purpose. You are responsible for damages and losses that occur at the Pacaso Home during your stay or that of your Sponsored Guests and that are not matters of ordinary wear and tear. For example, it is expected that stemware may be broken from time to time, so, if you were to break a glass, that would be considered to be ordinary wear and tear; however, if you were to have a party at the Pacaso Home and you and your guests cause significant damage to the Pacaso Home, any such damage (whether caused by you or your guests) would be payable by you, as the Owner, as a Personal Charge.
Similarly, appliances at the Pacaso Home must be used in accordance with the manufacturer’s instructions for operation of appliances. A copy of the manufacturer’s instructions for operation of appliances is available upon request.
1.5 PROGRAM MANAGER’S PERSONNEL
Please direct special requests for services and assistance to the Program Manager. Program Manager’s personnel are not authorized to receive instructions from you or your Sponsored Guests.
1.6 PERSONAL ITEMS/STORAGE
You are completely responsible for any personal items you may bring with you to the Pacaso Home. Other than in Pacaso designated personal storage areas, your personal belongings cannot be stored at the Pacaso Home after your departure. In no event will the Program Manager be responsible for any personal items you, your family, your guests or your Sponsored Guests may leave behind upon departure. Items found and not claimed will be disposed of after thirty (30) days. If you desire personal property insurance to cover any items stored by you in any off-site storage facility, such insurance will be your personal responsibility.
You may permit another person to occupy the Pacaso Home in your absence. You may invite others to share occupancy of the Pacaso Home during your Stay, provided that the maximum allowable occupancy limit for the Pacaso Home is not exceeded. The Program Manager will not give access to the Pacaso Home during any portion of your Stay to any guest without your permission. Sponsored Guests may be required to pay charges imposed for optional benefits requested by them upon their checkout unless you have arranged for payment of those charges in advance. You are responsible for any outstanding charges made by your Sponsored Guests and/or damages to the Pacaso Home caused by them. It is your responsibility to ensure that your Sponsored Guests follow all Pacaso Home Policies and comply with the Pacaso Home Documents. You will be subject to sanctions if your Sponsored Guests do not follow the Pacaso Home Policies.
1.8 AGE RESTRICTIONS FOR USE OF THE PACASO HOME
You may permit persons under 21 years of age to occupy the Pacaso Home only if they are accompanied by you or, if unaccompanied by you, by a parent or other adult over the age of 21.
1.9 CLEANING AND SANITATION AT THE PACASO HOME
The period between departure and arrival time is reserved exclusively for cleaning, inventory, repair and maintenance of the Pacaso Home by the Program Manager’s housekeeping and maintenance staff so that upon your arrival you will find the Pacaso Home clean and thoroughly sanitized. During your stay or that of your Sponsored Guests, housekeeping will be provided upon request, on a day to be determined by Program Manager in consultation with the occupants of the Pacaso Home. From time to time, additional personal services may also be available through the Program Manager.
The Annual Owner Fee does include a basic cleaning and sanitation charge for the annual thorough cleaning of the Pacaso Home. The actual cost of the cleaning and maintenance required to make the Pacaso Home ready for occupancy by you or your Sponsored Guests, as well as any special additional housekeeping service requested during your Stay, will be charged to your credit card (or that of your Sponsored Guest).
You should be aware that the Program Manager is provided with a passkey to the Pacaso Home. At the Program Manager’s reasonable discretion, the Program Manager or its employees or agents may enter the Pacaso Home. In such instances, the Program Manager will notify you as soon as is reasonably possible prior to such entry, and of the reason for such entry. Notification will be left in the Pacaso Home indicating any staff entrance during your absence. The purpose and any pertinent information will be included.
Any vehicles for which you or your guests are responsible must be parked in the garage and/or driveway of the Pacaso Home, or otherwise legally parked outside of the Pacaso Home. To be respectful of the surrounding neighborhood, you are strongly encouraged to avoid parking on the street unless absolutely necessary.
Pacaso Home Pet Policies are posted on the Website and App. In general terms, you or your Sponsored Guests may bring two (2) dogs to the Pacaso Home. If you bring dogs, you will be required to register the dogs at the time you check in and you will need to complete a Pet Questionnaire (a copy of which will be found on the Website and App). Dogs cannot weigh more than 80 pounds each, and no other animals or family pets are allowed (other than dogs that qualify under State law as “aide animals” and are certified as such by the applicable State or County authority).
The Program Manager has the authority to enforce the Pet Policies, including, but not limited to, the authority to use reasonable means remove any dog brought by you into the Pacaso Home if, in the Program Manager’s judgment, your dog is a danger to persons or property, or is otherwise determined by the Program Manager to be a nuisance. If you bring a dog into the Pacaso Home, following your departure the Program Manager will inspect the Pacaso Home for any pet-related issues, and you will be responsible for any and all damage, charges, fees or expenses incurred as a result of your pet’s behavior. Any such charges will be billed to your credit card or will be treated as Personal Charges.
1.13 THE DESIGN PROGRAM OF THE PACASO HOME
The Pacaso Home has been designed and furnished in a manner that is consistent with local style and living. The LLC Agreement defines the term “Design Program” to mean “the interior and exterior design of the Pacaso Home, consisting of a coordinated program of color schemes and design features applicable to both hard and soft surfaces and exhibiting a theme that is contemporary and consistent with the Pacaso Home Standard.” The Design Program may not be altered or changed by you or your Sponsored Guests. You may not make structural changes, reorganize, rearrange or remove any of the Furnishings within the Pacaso Home. Any suggestions shall be submitted to the Program Manager for consideration.
No commercial soliciting is permitted, whether within the Pacaso Home at any time by any Owner or Permitted User. The Program Manager’s efforts to resell Membership Interests are exempt from this rule.
1.15 RESTRICTED ACTIVITIES
You may not store or use dangerous weapons or unlawful substances within the Pacaso Home. All unlawful, obnoxious or offensive activities are prohibited in the Pacaso Home. You are requested to monitor activity of your children, and your guests’ children, so they do not disturb others.
You may not play music or create noise at such a volume that would elicit a noise infraction from the local government or disturb surrounding neighbors. Program Manager reserves the right to install and monitor Noiseaware (or similar) decibel monitoring device to aid in the enforcement of the Pacaso Home Policies. You may not hire food or entertainment vendors that could disrupt neighbors, including, but not limited to, DJs, musicians, dancers, food trucks, petting zoos, inflatable activities (ex: bounce houses), etc., without the prior written consent of Pacaso. For the avoidance of doubt, vendors in support of small, quiet private events that do not violate noise or occupancy restrictions (ex: private chefs, caterers, etc.) are permitted without obtaining prior consent of Program Manager.
You may not solicit others to purchase goods or subscribe to services or conduct religious or political activities at the Pacaso Home unless approved by the Program Manager.
1.16 FAILURE TO DEPART ON TIME
The timeliness of your departure from the Pacaso Home matters. The Program Manager must ensure that the Pacaso Home is thoroughly cleaned and ready for the next visitor. There are numerous things the Program Manager can do if you fail to depart on time, and you could be charged a substantial penalty if you fail to do so. These things are covered in both the LLC Agreement and on the Website and App.
1.17 SPECIAL SERVICES
The Program Manager will do everything reasonably possible to respond to your requests for services while you are enjoying your stay at the Pacaso Home. The availability of particular services is not guaranteed, but every effort will be made to try to accommodate you. You will be responsible for any charges for special services provided to you. Such charges will be billed to your Pacaso Home Account or to your credit card.
1.18 ENFORCEMENT OF THE PACASO HOME DOCUMENTS
You and your guests are required to comply with the requirements set forth in the Pacaso Home Documents, including these Pacaso Home Policies. While at the Pacaso Home, you and your Permitted Users are expected to comply with the directions and instructions of the Program Manager. If the Program Manager advises you that your conduct violates any of the Pacaso Home Documents, you should cease immediately and refrain from committing the offending conduct.
In the case of failure by you or your Permitted Users to comply with the Program Manager’s instructions or directions, Pacaso has discretion to take action, which could include imposition of monetary penalties for such violations, plus all incidental expenses incurred to bring you into compliance, or a suspension of your use rights. Such penalties are Personal Charges payable within 15 days following your receipt of a written statement from the Program Manager. If you do not pay these charges when due, your use rights may be suspended by the Program Manager. In the event that the conduct of you or your Permitted Users gives rise to any governmental fines or penalties (e.g., nuisance fines, etc.) then you shall be liable for the payment of any such fines.
If you or your Permitted Users violate the terms of these Pacaso Home Policies, or, in the event Pacaso receives notice from the community (including, but not limited to, neighbors and/or the local government) complaining about noise or other disturbance issues attributable to you or your Permitted Users, Pacaso, in its sole discretion, shall have the right to levy penalties and suspend your stay rights as follows:
- After one (1) such policy violation, Program Manager will deliver a written warning.
- After two (2) such policy violations, Program Manager will deliver a subsequent written warning.
- After three (3) such policy violations, Program Manager may suspend your stay rights for up to three (3) months commencing on the date Program Manager becomes aware of the infraction.
- After four (4) such policy violations, Program Manager may suspend your stay rights for up to four (4) months commencing on the date Program Manager becomes aware of the infraction.
- After any subsequent policy violations, Program Manager may suspend your stay rights for up to four (4) months at a time commencing on the date Program Manager becomes aware of the infraction.
In case of an emergency, dial 911 to contact the appropriate Police or Fire/Paramedic authority.
1.20 SMOKING & FIREWORKS
Use of Fireworks and Smoking of any substance is prohibited in the Pacaso Home or on the property.
1.21 QUIET HOURS
In alignment with local ordinances, all Pacaso Homes will adhere to quiet hours between 9:00 PM and 7:00 AM every day. These quiet hours will also be posted on the App.