TERMS & CONDITIONS
RENTAL AGREEMENT FOR USE OF RENTAL PROPERTY
1. RESERVATION REQUESTS, CONFIRMATION: Reservation requests are not confirmed until completed Rental Agreement has been received and approved. Rental agreement will be sent via email and can be completed easily on your computer, tablet or smartphone. Request may be canceled if Rental Agreement is not received within 24 hours. Should there be ANY issues with the reservation request, you will be contacted within 24 hours after receipt of completed and e-signed rental agreement.
2. PAYMENTS, CANCELATIONS, REFUNDS: Outside 30 days of arrival, 20% Down Payment is due to reserve property. 100% Payment is due 30 days before arrival and will be charged automatically to same credit card, unless communicated otherwise. Within 30 days of arrival, 100% Payment is due to reserve property. If Guest cancels reservation at least 14 days before arrival date; Guest will receive full refund less booking fee. If Guest cancels reservation at least 7 days before arrival date; Guest will receive 50% refund of rent and all fees except the booking fee. If Guest cancels reservation within 7 days of arrival date; Guest will receive refund of the departure clean and damage protection fee. This loss can be avoided if Cancel Waiver is purchased. Reservation can be rescheduled one time with no penalty at least 14 days before arrival date. Guest will be required to pay any difference in rates.
3. PROPERTY: Guest rents, for vacation purposes only, the furnished real property and improvements described as: (Address of Rental), situated in the city of San Diego, California (Premises).
4. ARRIVAL & DEPARTURE: Check-in time is no earlier than 4:00 PM on arrival date. This time may be delayed should unforeseen circumstances arise. Check-out time is NO LATER than 10:00 AM on the departure date. Failure to depart on time may result in a $100 fine. Early Check In and Late Check Out options are available for an additional fee if available and scheduled in advance. Not an option during Peak Summer. Early Check In allows arrival at least 3 hours before regular check in time and should property be available earlier, you will be allowed access as soon as property is ready.
5. CANCEL WAIVER: At the time of booking Guest has the option to purchase Cancel Waiver for an amount equal to 10% of the reservation total. Guest shall have 48 hours after booking to add the Cancel Waiver. Cost of Cancel Waiver is non-refundable. In the event Guest purchased the Cancel Waiver and wishes to enforce, Guest shall notify management at minimum 3 days prior to arrival date by emailing management the request to cancel. Notice to cancel shall include reservation number, guest name, property name, and arrival date. If Guest does not notify management at least 3 days prior to arrival date, the Cancel Waiver is invalid. If the notice and timing are proper, management will issue a refund for payments made on the reservation except the cost of the non-refundable Cancel Waiver. If Cancel Waiver is not purchased, Guest risks losing all or part of payments made in accordance with the cancelation and refund policy. This Cancel Waiver covers reservation payments only. Guest may consider additional third party protection for other travel related expenses like airfare, lost baggage, trip delays, etc.
6. UNAVAILABILITY: For any reason beyond the control of Management, the Premises become unavailable, Management may substitute a comparable unit or cancel this Agreement and refund in full all payments made by Guest.
7. APPROVED GUESTS AND USE: All Guests planning to occupy the premises must be approved by management prior to reservation confirmation. Reserving Guest must be at least 30 years old and must be an occupant for entire reservation period. Reserving Guest is responsible for any guests that use the property during the term of this agreement. Guest may not exceed Max Occupancy for Property at any time. If the Premises are used, in any way, by more than max allowed guests, (i) Guest and all others may be required to immediately leave the Premises or be removed from the Premises; (ii) Guest is in breach of this Agreement; and (iii) Guest forfeits its right to return of any monies collected.
8. NOISE CONTROL: Per San Diego Municipal Code 59.5.0501; It shall be unlawful for any person to make, continue, or cause to be made or continued, within the limits of said City, any disturbing, excessive, or offensive noise which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. Management strictly enforces City Code. Guest failure to abide to City Code may lead to immediate eviction without refund. Many homes are equipped with exterior security cameras for accurate noise monitoring. Tampering with or disabling equipment is strictly forbidden and will lead to immediate eviction without refund.
9. RULES, REGULATIONS: NO COMMERCIAL USE. Guest agrees to comply with any and all rules and regulations that are at any time posted on the Premises or delivered to Guest. Guest shall not, and shall ensure that Guest and licensees of Guest shall not: (i) disturb, annoy, endanger, or interfere with other Guests of the building in which Premises is located or its neighbors; (ii) use the Premises for any commercial or unlawful purpose including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband; (iii) violate any law or ordinance; or (iv) commit waste or nuisance on or about the Premises.
10. CLEANING: Premises will be delivered to Guest in a professionally cleaned condition. Upon termination of occupancy, Management will arrange for a professional cleaning service to clean Premises. Guest is responsible for cost of this cleaning. Cleaning fee is mandatory and nonrefundable. Should Guest use and activity require more than regular cleaning services, Guest will be charged for associated excess costs.
11. PETS: Pets and emotional support animals are generally NOT allowed. A select few properties are pet friendly and may consider 1 dog if it has been discussed and approved by Management and the appropriate Pet Fee has been paid. To be considered for approval, dog must weigh less than 20 lbs, be a non-shedding breed, and remain kenneled when unsupervised. Pet Fee is nonrefundable. Guest is responsible for any damage and excess cleaning caused by Pet, including pet allergen remediation, flea remediation and reimbursement to Agency for any refunds necessary to relocate or compensate for the relocation of future guests until remediation is completed. Pets are not covered by Accidental Damage Protection. If unauthorized pet is discovered on Premises during reservation, Guest will be asked to leave without refund, as Guest will be in breach of this Agreement. If upon departure an unauthorized pet is found to have been on the Premises during reservation, Guest may be fined up to 2x the cost of the property cleaning fee plus any costs resulting from required remediation.
12. NO SMOKING: No smoking is allowed on the Premises. If smoking does occur on the Premises, (i) Guest is responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors and removal of debris; (ii) Guests may be required to immediately leave the Premises, or be removed from the Premises; (iii) Guest is in breach of this Agreement.
13. MAINTENANCE, REPORTING: Guest shall properly use, operate and safeguard the Premises including, if applicable, any landscaping, furniture, furnishings, appliances and all mechanical, electrical, gas and plumbing fixtures, and keep them clean and sanitary. Guest shall immediately notify Management of any problem, malfunction or damage. Such discovery does not permit Guest the right to cancel this Agreement or receive a refund of any payments made.
14. DAMAGE PROTECTION, SECURITY DEPOSIT: In “lieu of” or “in addition to” a standard security deposit, Accidental Damage Protection is included with your reservation. Damage Protection is nonrefundable. Guest must notify Manager of any damages prior to check-out in order for Damage Protection to apply. If damaged item(s) are deemed by Manager to be intentional or caused by negligence, Damage Protection will not cover reimbursement. Damage Protection does not cover missing items or damage from pets or allergy/flea remediation from pets. Please note that you are responsible for any damage that exceeds $1000, or damages that are not covered by the protection. Any additional charges for damages will be billed to the payment method on file. In the event Guest does not meet requirements of this rental contract, Manager may choose to make an exception and allow the Guest stay with a Security Deposit in the amount of $500-$2500. Security Deposit amount varies by home.
15. AIR CONDITIONING/HEATING: Most beach rentals are not equipped with air conditioning. If so equipped, and if not regulated otherwise, Guest agrees that Air conditioning shall not be set below 72 degrees and heat shall not be set above 78, and that the fan setting shall be set to "Auto". Doors and windows shall be closed when either heat or air conditioning is in operation. There are no refunds for lack of, or malfunctioning HVAC units.
16. SYSTEM FAILURES: In the event the rental unit sustains a failure of a system, including but not limited to TV/Cable, Internet/WiFi, HVAC, appliances, water, sewer, electrical, gas, plumbing, mechanical, pool, hot tub or other system or structural systems, neither the property owner nor the Management shall be liable to Guest for damages, and no refunds will be given for such failures. However, Management will make an effort to promptly repair or replace the failed system or equipment, and in such event, Guest agrees to permit Manager or its service provider to have reasonable access to the property to inspect and make such repairs.
17. ENTRY: Management and Managements representatives and agents have the right to enter the Premises, at any time, (i) for the purpose of making necessary or agreed repairs, decorations, alterations, improvements, for maintenance or to supply necessary or agreed services; (ii) to verify that Guest has complied with the terms of this Agreement; or (iii) in case of emergency. Management and Managements representatives and agents have the right to enter the Premises, upon reasonable notice of at least 24 hours, to show the Premises to prospective or actual purchasers, guests, mortgagees, lenders, appraisers or contractors.
18. UNFORESEEN OCCURRENCES: Management will not assume liability for any loss, damage or inconvenience caused by but not limited to the following: weather conditions, natural disasters, pests, construction, acts of God, or other reasons beyond its control. There shall be no refunds available as such instances are beyond the control of Management. It is highly recommend that Guest considers travel and/or rental insurance.
19. TERMINATION OF OCCUPANCY: Upon termination of occupancy, Guest shall: (i) return all copies of all keys or opening devices to the Premises, including any common areas; (ii) vacate the Premises and surrender it to Management empty of all persons at agreed upon time; (iii) vacate any/all parking and/or storage space; and (iv) deliver the Premises to Management in the same condition less ordinary wear and tear as received upon arrival.
20. LOST ITEMS: Management assumes no responsibility for lost, stolen or abandoned items. Reasonable effort will be made to contact the Guest for return. There will be a $25.00 handling charge plus shipping costs for any found items returned at Guest's request. Management shall not be held liable for condition of said items. Any items not claimed for longer than 30 days, may be donated or sold.
21. PERSONAL PROPERTY AND INJURY: (i) Owner Insurance: Guest personal property, including vehicles, are not insured by Owner or, if applicable, HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner/Management does not insure against personal injury to Guest, guests or licensees due to any reason other than the condition of the Premises. (ii) Guest Insurance: Management recommends that Guest carry or obtain insurance to protect Guest and licensees and their personal property from any loss or damage. (iii) Indemnity and Hold Harmless: Guest agrees to indemnify, defend and hold harmless Owner and Management from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage or injury to Guest or licensees or their personal property.
22. WAIVER OF LIABILITY: for spa, hot tub, swimming pool, sauna, pond, decks, railings, bunk beds accessible by ladders, etc. herein referred to as Special Feature. If so equipped, it is the Guest's responsibility to learn about safety precautions concerning utilizing or being around Special Feature. Guest understands that the area surrounding Special Feature may or may not be fenced and even if so equipped, is not to be considered secure. Guest understands there are special risks that may be involved for anyone, in particular children who are not carefully supervised, person(s) intoxicated, on any kind of drugs or medication, with health risks or if pregnant. Guest agrees to explain the risks of the presence and use of Special Feature to all guests at the property. Guest agrees to instruct all guests on premises to not access any off-limit, or unsafe sections of the property including roof-tops. Guest agrees to assume all responsibility to make aware all occupants aware of risks and for the consequences of those risks and to be fully and solely responsible for any accidents that may occur. Guest agrees to waive any claim whatsoever against property owner or Agency for injuries or claims.
23. MEDIATION: Guest agrees to mediate any dispute or claim arising out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved.
24. JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Guest, each one shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually with every other Guest.
25. ENTIRE CONTRACT: Time is of the essence. All prior agreements are incorporated in this Agreement, which constitutes the entire contract. It is intended as a final expression of the parties` agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Agreement. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this Agreement. The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach. This Agreement shall be governed and construed in accordance with the laws of the State of California. California shall have personal jurisdiction over the parties and the county in which the Premises is located shall be the forum for any legal action brought in relation to this Agreement.
26. RELEASE: In consideration of the right to visit the home, Guest agrees to release to the fullest extent allowed by law, Owner and its Management, members, officers, associates, employees, agents, representatives, attorneys, assigns, and affiliates (collectively, the Affiliates) from all liability or responsibility of any kind whatsoever for any personal injury, death, property damage or other loss sustained by me, my minor children, any guest identified on this form, or any guest or person allowed onto the property during my rental dates as a result of my, my childrens or the guests participation in a visit to the home, due to any cause whatsoever, including without limitation negligence on the part of Owner or Management. I understand that this release will bind my heirs, administrators, executors, and any other person or entity seeking to claim under or through me.
27. HOLD HARMLESS: The Guest and all occupants shall hereby indemnify and hold harmless the Agency and property owner against any and all claims of personal injury, property damage or loss arising from the use of the premises regardless of the nature of the accident, injury or loss. Guests also expressly recognize that any insurance for property damage or loss which the Landlord may maintain on the property does not cover the personal property of Guests, and that Guests should purchase their own insurance if such coverage is desired.
28. CREDIT CARD AUTHORIZATION: Guest agrees to provide Agency with a valid credit card for the duration of the reservation. Guest is providing the credit card as a guarantee. Guest certifies that he/she has read and agrees to abide by the terms of this agreement, and agrees to pay and authorize Agency to charge any rental amounts, taxes, security deposits, extra cleaning, missing property and any damages not covered under the Accidental Damage Protection (Paragraph 14) and fines or charges pertaining to violations of the rental agreement. Guest understands that all credit card sales are final. Should Agency be unable to recover costs from the credit card on file, Guest is responsible to provide an alternative method of reimbursement within 48 hours of notification.
29. ELECTRONIC CONSENT: By checking the box and clicking on the "I AGREE" button, Guest is consenting to the use of an electronic signature in lieu of an original signature on paper and is obligated to all financial and all other provisions of the Terms and Conditions. Guest may request to sign a paper copy instead. By checking the I AGREE button, Guest waives that right. After consent, Guest may, upon written request to Agency, obtain a paper copy of the electronic record at no charge. Guest agrees that the use of an electronic signature for any documents will continue until such time as Guest notifies Agency otherwise in writing. is no penalty for Guest withdrawing this consent. Guest should always ensure that Agency has a current email address on file in order to contact Guest regarding any changes, if necessary.
CANCELATION POLICY: If Guest cancels reservation at least 14 days before arrival date; Guest will receive full refund less booking fee. If Guest cancels reservation at least 7 days before arrival date; Guest will receive 50% refund of rent and all fees except the booking fee. If Guest cancels reservation within 7 days of arrival date; Guest will receive refund of the departure clean and damage protection fee. This loss can be avoided if optional Cancel Waiver is purchased at checkout.