Terms and Conditions

By using our website, booking a reservation, or staying at The Cactai, you agree to these terms and conditions (“Terms”):

Reservations, Rates, Cancellations

Booking direct on our website is the fastest and cheapest way to reserve. We offer (i) rates with free cancellation up to 24 hours before check-in time (3pm), and (ii) non-refundable rates. Your credit card will be charged once your reservation becomes non-refundable (either time of booking or 24 hours before your stay). If you are unsure which rate plan you booked and you made a reservation using a third-party service, please contact the service you used to confirm your cancellation policy. If you booked on our website, please refer to your confirmation email or contact us to confirm your cancellation policy. Weekly rates may be available seasonally; monthly stays are not offered. After checkout, a final invoice is automatically emailed once charges are finalized.

Guest Stay Policies

• Check-In/Check-Out: Check-in is at 3:00 PM and check-out is at 11:00 AM. Early check-in or late check-out may incur additional fees.
• Room Access: Custom door codes will be provided at 3pm, or later, once you complete the digital check-in process; you must keep your access code secure.
• Adults-Only: All guests and visitors must be 21 years or older.
• No Smoking: The Cactai is a smoke-free property; a $250 cleaning fee applies for any smoking or vaping in rooms or anywhere on the property.
• Pets: Well-behaved dogs are permitted for a $50 per-stay fee; no other pets are allowed, and this fee does not cover pet damage or waste cleanup, which may result in additional charges.
• Noise: Quiet hours are 10:00 PM to 8:00 AM, and guests must keep noise low during these times.
• Pool/Spa: The pool and spa are open from 7:00 AM to 11:00 PM.
• Parking: Self-parking at your own risk is available for one vehicle per room; additional vehicles must be parked on the street or will incur a $50 per-night fee.
• Payment: Room charges are paid in advance of your stay, and all incidental charges— including food, beverage, or damages—will be settled after check-out.
• Communications: By providing contact information, you agree to receive email or SMS/WhatsApp communications about your stay and promotions, and you may unsubscribe at any time. Standard carrier message rates may apply.
• Wi-Fi: Wi‑Fi is included with your room. Do not use our network for unlawful activity, infringement, security violations, or harassment.
• Damage/Incidents: Guests are responsible for any damage or incidents during their stay and may be charged accordingly.
• Security Deposit: A credit card must remain on file for incidental or damage charges, and a hold will be placed at check-in of $100 for guests covered by damage insurance (e.g., Airbnb) or $250 for all other guests.
• Behavior: Public indecency or lewd behavior, illegal drug use or possession, glass containers in or near the pool area, and excessive noise or disruptive conduct are strictly prohibited.
• Violations: Repeated or serious violations of hotel policies, as determined in our sole discretion, may result in extra fees and/or removal from the property without refund.

Taxes

Your stay is subject to the following taxes:

• Accommodations: 11.5% Palm Springs Transient Occupancy Tax (TOT)
• Accommodations: 1% Palm Springs Tourism Business Improvement District (TBID)
• Incidental Purchases: 9.25% sales tax

Privacy & Cookies

We collect and use information (e.g., contact details, reservation data, device/usage data) to operate the hotel, process bookings, communicate with you, secure our premises, and improve our services (including website analytics/cookies). We share personal information with service providers/contractors (e.g., booking engine, payments, IT/analytics, housekeeping) under contracts limiting use; with authorities if required by law; and with a successor in business transfers. We never sell your personal information. California residents have rights to access/know, delete, correct, opt-out of sale/share, limit use of sensitive personal information, and non-discrimination. We honor valid opt-out or delete requests where required. To exercise privacy rights, contact us at detailed below.

Intellectual Property

All website content (text, photos, marks, logos) is owned by or licensed to The Cactai and protected by applicable laws. You may not copy, scrape, or commercially use site content without written permission. External links are provided for convenience; we are not responsible for third-party content.

Disclaimers & Limitation of Liability

To the fullest extent permitted by law, we disclaim liability for events beyond our reasonable control (force majeure), loss/theft of unattended property, and indirect/special/consequential damages. Nothing here limits non-waivable statutory rights including ADA rights and California consumer privacy rights.

Mandatory Arbitration & Class Waiver

PLEASE READ--THIS AFFECTS YOUR RIGHTS
BY ACCESSING THIS WEBSITE, CLICKING “BOOK NOW” OR OTHERWISE COMPLETING A RESERVATION, OR STAYING AS OUR GUEST, YOU AND 312 MONTE VISTA LLC, DBA THE CACTAI, AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER BELOW (GOVERNED BY THE FEDERAL ARBITRATION ACT), EXCEPT THAT EITHER PARTY MAY BRING AN INDIVIDUAL CLAIM IN RIVERSIDE COUNTY SMALL CLAIMS COURT. YOU MAY OPT OUT AS DESCRIBED BELOW.

Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contact

Arbitration Agreement & Class Action Waiver

Applies to website users and hotel guests of 312 Monte Vista LLC, dba The Cactai
Effective date: August 30, 2025
Contact for Notices: 312 E Camino Monte Vista, Palm Springs, CA 92262

PLEASE READ--THIS AFFECTS YOUR RIGHTS. By accessing our website, making a reservation, or staying as a guest of 312 Monte Vista LLC, dba The Cactai (“The Cactai,” “we,” “us”), you and we agree to resolve certain disputes as described below. This Arbitration Agreement is governed by the Federal Arbitration Act (FAA).

1. Covered disputes; who this covers
   This Agreement covers any dispute, claim, or controversy between you and The Cactai arising out of or relating to our website, reservations, your stay, communications with us, marketing, or any products/services we provide, whether based in contract, statute, tort, fraud, misrepresentation, or any other legal theory.
2. Small claims first (Riverside County)
   If your claim (or our claim) falls within the jurisdictional limit of California Small Claims Court, it must be brought exclusively in Riverside County Small Claims Court. As of January 1, 2024, the small-claims monetary limits are $12,500 when brought by a natural person/sole proprietor and $6,250 when brought by an entity; these limits may change by statute.
3. Individual arbitration for everything else
   For claims exceeding the then-applicable small-claims limits, the dispute will be resolved by binding individual arbitration administered by either the American Arbitration Association (AAA) under its Consumer Arbitration Rules or JAMS under its Consumer Arbitration Minimum Standards (you may choose). Unless you and we agree otherwise, the hearing locale will be Riverside County, California (with video/telephonic appearances available).
4. No class or representative actions; mass filings procedures
   Only individual claims may be arbitrated. Class, collective, consolidated, or representative proceedings are not permitted in arbitration. The arbitrator may award relief only to the individual party and only to the extent necessary to provide relief on that party’s individual claim. If 25 or more substantially similar arbitration demands are filed by or with the same counsel/coordinated group (“Mass Filing”), the administrator’s applicable Mass Arbitration procedures will apply (e.g., staged or batched proceedings), and all applicable statutes of limitations are tolled while those procedures run. This paragraph does not waive the public injunctive relief carve-out in Section 5.
5. Public injunctive relief (McGill carve-out)
   Nothing in this Agreement waives your right to seek public injunctive relief (injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public). To the extent required by California law, claims for such public injunctive relief may be pursued in court (and not in arbitration). All other claims (including claims for monetary relief or private injunctive/declaratory relief) proceed in individual arbitration or small claims as provided above.
6. Informal resolution first (optional, but recommended)
   Before filing arbitration or small claims, either party may send the other a written notice describing the dispute and proposed resolution and allow a 30-day period to try to resolve it informally. Notices to The Cactai: 312 E Camino Monte Vista, Palm Springs, CA 92262.
7. Procedures & rules
   
   • Arbitrator & rules. The arbitrator has the exclusive authority to resolve all disputes regarding interpretation, applicability, enforceability, or formation of this Agreement, including the arbitrability of any claim, except a court will decide issues under the McGill rule (Section 5). The arbitrator will apply applicable substantive law (including statutes of limitation) and may award all remedies available in court to an individual claimant.
   • Discovery; confidentiality. The arbitrator will allow reasonable discovery consistent with the selected consumer rules. To the extent permitted by law, the arbitration is confidential, but the award may be filed to confirm, modify, or vacate in court.
   • Judgment. The arbitrator’s award may be entered as a judgment in any court with jurisdiction.
8. Severability
   If any part of this Agreement (other than the class/representative waiver) is found unenforceable, it will be severed and the remainder enforced. If the class/representative waiver is found unenforceable in a particular claim, then that claim must proceed in court (not arbitration); the remaining individual claims stay in arbitration.
9. Opt-out (30 days)
   You may opt out of this Arbitration Agreement within the sooner of: (i) 30 days of your first use of our website, or (ii) 30 days of making a reservation to stay at The Cactai, by sending a certified letter to 312 E Camino Monte Vista, Palm Springs, CA 92262, with your name, contact information, and a statement that you wish to opt out. Opting out does not affect other terms.
10. Survival; changes
    This Agreement survives termination of the Terms and your stay. We may update this clause prospectively; changes won’t affect disputes that accrued before the change took effect.