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This rental home is NON SMOKING & NO PETS are allowed. Smoking is prohibited inside home at all times with no exceptions. No smoking on property grounds without prior notice and approval. All allowed. An automatic FINE will charged for any signs or proof of smoking & pet presence. See section on FINE for fine amounts.
MAXIMUM OCCUPANCY: 16
The normal rental rates are limited and based on Ten (10) guests. An additional $50 charge per person per night for guests in addition to Ten (10) persons may be assessed unless otherwise agreed upon in writing. The maximum overnight night guest occupancy for this home is Sixteen (16). Maximum occupancies are strictly enforced and failure to comply will result in an automatic fine of 30% of rental amount or an eviction and with no refunds on rents paid.
A Reservation Payment is required at the time of booking in order to secure the requested dates. The Reservation Payment amount is based on the required Security Deposit amount. The Reservation Payment will be applied towards your rental balance if the booking period is within the allowed time frame under Payments. The full rental amount shall be required at time of booking should the rental amount be less than the required Reservation Payment. Balance of rental amount shall be due as specified on Invoice and stipulated under the Payments section of this agreement.
Payment shall be made as outlined on Invoice and Reservation Letter. All Special Event or Concert Event reservations must be paid in full one hundred eighty (180) days prior to check-in date. All advance reservation payments must be received and cleared 90 days prior to reservation check-in date. All reservations less than ninety (90) days must be paid in full by credit card only, unless agreed upon otherwise. Payments will be accepted via credit card or bank issued checks payable as designated on Invoice. All credit card transactions are subject to a credit card transaction fee of the total transaction amount. All sums due under the term of this Rental Agreement shall be considered as “Rent”.
A Security Deposit is required during your stay, and must be paid in full no later than 15 days prior to check-in date. Returning Guest will be given the opportunity to choose a credit card hold for such deposit amount 7 days prior to your check-in date. Reservation shall be automatically voided and canceled in the event that the Security Deposit is not able to be collected prior to check-in and rental mounts paid will not be refunded. It is the guest’s responsibility to provide current contact and credit card billing information in due time to make deposit.
Security deposits are required as follows; $1,500 for 1-5 occupants, $2,000 for 6-10 occupants, $4,000 for occupants 11-16. Security deposit for Special Event bookings will be as determined and as noted on invoice. Groups during concert events may require higher deposits. The deposit is NOT applied toward rent; however, it is fully refundable within (14) days of departure, provided the following provisions are met. All April Concert Bookings will require higher Security Deposit amounts which are disclosed during the reservation process and stated on Invoice. The Security Deposit is NOT applied toward any form of rental amounts due; however, it is fully refundable within (21) days of departure or scheduled check-out date, provided the following provisions under VIOLATIONS FINES were met.
VIOLATION FINES / FEES:
Any of the following violations/damages will result in an Automatic Fines or Fees and will be charged to guest upon check-out. Amounts due will be deducted from Security Deposit held.
1. No early check-in or late check-out.
2. No charges are incurred due to contraband, pets or collection of rents or services rendered during the stay. All charges accrued during the stay are paid prior to or at check-out.
3. The renter is not evicted by the owner (or representative of the owner), the local law enforcement, or the security company employed by My Community.
4. PayPer View / Movie Rentals: All PayPer View and Movie rentals Features will be charged at cost of feature amount plus a 25% Management fee. The minimum charge amount is $5.00. (The cable rental feature amount due will be calculated by adding the rental fee plus a 18% Cable service tax)
5. Maximum Occupancy Violation: A Fine of $300 - $500 per person per night or Automatic Eviction plus a Fine of $5,000.
6. Damages: All damages caused to residence or its contents will be charge at cost plus a 25% Management Fee of total remedy amount.
7. Trash / Debris: All trash, debris and rubbish must be discarded and placed in dedicated trash containers. A FINE of $75-$300 for trash/debris clean-up or removal of any debris not placed in trash bins or for excessive accumulation of trash beyond what fits in multiple trash bins provided.
8. Kitchen: An additional cleaning fee of $75 for deeply soiled dishes/pots/silverware etc. must be gathered and placed in the dishwasher and cleaned.
9. Cleaning Service: Extra cleaning fees will apply if additional cleaning services are required beyond the normal service due to negligence or abuse.
· A minimum Fee of $150.
· A minimum Fee of $300 for windows/doors left open for periods of time during windy or rainy periods causing unusual amounts of sand and rain water to enter the home.
10. Keys & Controllers: Keys and controllers shall be left in welcome basket as found at Check-in. A rekeying fee of $150 for missing key. A fee of $150 for each missing garage remotes. Other house hold device remotes will be charged at replacement cost plus a 25% management fee.
11. Linens/Towels: Lost or damaged linen fees. Large Bath Towels $12, Hand Towels $9 and Wash Cloths $5. All bed linens, sheets, bed linens etc. will be charged at cost plus a 25% management fee.
12. Guest did not smoke on property. Any signs of smoking will be automatically FINED
13. No nuisance complaints were filled to police or HOA by neighbors.
14. All interior and exterior furniture was returned to its original locations. A $150 minimum charge will be assessed if furniture requires re-arranging.
15. No changes to the home or changing of locks were made.
16. Premises shall not be used as a location for amateur or professional film/video without prior consent in writing.
17. All service repairs and replacement damages are subject to a 25% administration fee.
18. All sums due under the term of this Rental Agreement shall be considered as “rent”
Tenant/Guest agrees and understands the above Violations terms and Fines/Fees and I hereby give my permission to deduct from my Security Deposit or to charge my Credit Card the amounts due after my check-out period due to any violations my group or I have caused during our rental period.
All cancellations are subject to forfeiture of Reservation Deposit. Concert Event bookings are non refundable. Special Event guest must cancel one hundred eighty (180) days prior to check-in date. Monthly guest must cancel one hundred twenty (120) days prior to check-in. Monthly renters who make a change that results in a shortened stay must be made at least ninety (90) days prior to check-in. All other guest as follows; a ninety (90) day cancellation notice is required for full rental amount refund. All cancellations that are made less than ninety (90) days and more than sixty (60) days are subject to a 50% cancellation fee. All cancellations made less than sixty days (60) and more than thirty (30) days are subject to a 75% cancellation fee. All cancellations or changes that result in a shortened stay, that are made within 30 days of the arrival date, forfeit the full advance payment and reservation deposit. Any cancellation or early departure does not warrant any refunds or future credit.
This property requires a Three, Four & Seven (3, 4 &7) night minimum stay. Verify minimum stay requirements prior to booking as charges will apply based on pre-set calendar stay minimums. Longer minimum stays may be required during holiday/peak periods. If a rental is taken for less than the minimum stay requirements, the guest will be charged the minimum stay rate.
Illegal substances are strictly prohibited & grounds for immediate eviction: I the undersigned agree to be responsible for my guests and visitors to notify and explain that any drug used on the property, or using the premises for any immoral or unlawful purposes, or violation of any law or ordinance on or about the premises will immediately terminate our occupancy and be grounds for immediate eviction from the premises.
Pool heating is not included in rental rate and must be prearranged. A pool heating fee will apply if pool heating is requested. Typical pool heat will be set to 80 degrees if outside temperature is below 80 degrees. Higher temperatures will not be allowed, unless otherwise agreed upon. If so, additional fees will apply. The Spa heat may be set per guest comfort level. Guest shall be responsible for turning off spa heat and pump at end of every use. Careless usage which results in excessive heating cost to homeowner will be automatically charged to guest.
TENANT’S/GUEST’S RISK OF LOSS, INJURY OR DAMAGE FROM POOL, SPA & WATER FEATURE USE:
I the undersigned assume all risk of my group and visitors during my rental period for the use of the pool, spa and water features. OWNER AND MANAGERS ARE NOT LIABLE FOR TENANTS, TENANTS GUESTS, LICENSEES, INVITEES OR ANY OTHER PERSON’S LOSS, INJURY OR DAMAGE DUE TO USE OF THE POOL, SPA OR WATER FEATURES BY TENANT, TENANT'S GUEST, LICENSEES, INVITEES OR ANY OTHER PERSON DURING TENANTS STAY AT THIS PROPERTY.
Tenant is HEREBY MADE AWARE that the Pool depth varies depth with an approximate ±6 feet deep at it’s deepest end, and that DIVING INTO THE POOL IS THEREFORE STRICTLY PROHIBITED. Owner and Manager shall not be liable to Tenant, Tenant's guests, licensees or invitees or any other person for any injury, loss or damage to any person resulting from their use of the pool, spa or water features. Additionally, CHILDREN OF ANY AGE ARE NOT TO USE THE POOL, SPA or WATER FEATURE, AT ANY TIME, WITHOUT ADULT SUPERVISION. All glass container or objects in or near the pool are also strictly prohibited.
NO DAILY HOUSEKEEPING SERVICE:
While linens and bath towels are included in the unit, daily maid service is not included in the rental rate. However, it is available at an additional rate. We do not permit towels or linens to be taken from the residence for personal use. Replacement cost for all missing/damaged linens or towels will be automatically deducted from security deposit.
Guest privacy and comfort is our priority and we strive to accommodate your quiet enjoyment to our utmost capacity. Property Manager/Agent does however, reserve the right to enter the property during guest’s occupancy to make repairs, assist guest, or supervise repairs or other situations alike. Property Manager/Agent will always inform responsible guest during occupancy if such entry is necessary. If guest is non-responsive Property Manager/Agent has the right to enter the residence by announcing entry prior to entrance. Property Manager/Agent reserves the right to enter the residence/property should there be reason to believe renter/guest are exceeding the occupancy maximum or violating agreement terms that would cause damage to residence/ property. Please note that for security reasons, home is equipped with exterior surveillance cameras which are located only at common/public areas of the front of the residence.
Guest shall allow homeowner or homeowner representative to access to the property for purposes of repair and inspection. Homeowner shall exercise this right of access in a reasonable manner.
We strive to keep the pool, Jacuzzi, air conditioning, pool heating and all appliances in good working condition and will do everything possible to repair any malfunction within a reasonable time frame. If you experience a problem with any of the above mentioned equipment, appliances, power, internet or any outages that are beyond our control, no refunds will be given.
Air conditioning must be keep at temperatures above 65 degrees as lower temperatures will freeze units and cause major damage. Guest is advised to maintain all windows and doors closed during hot temperature days to maximize a/c unit’s efficiency in cooling and to prevent unit breakdown. If temperature setting of 65 is not comfortable, please report to Property Manager immediately for remedy or alternative options. Damages or unit malfunction caused by failure to follow above recommendations will be billed directly to guest.
Until booking is finalized, rates may be subject to change without notice.
Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check in.
Any exceptions to the above mentioned policies must be approved in writing in advance by homeowners.
Home has a 2 car garage and is accessible for guest. Home has a driveway which will accommodate 3 additional vehicles. Surface street parking is allowed, however, it is encouraged to park all vehicles in garage and driveway overnight. A maximum of 6 vehicles is allowed, any additional vehicles will cause a burden on neighbors which may result in towing at guests expense.
The fireplace is a natural gas operated and no log fires are permitted. The fireplace can be turn on with a wall switch located in the north-east corner of the living room. Please do not throw any paper or other combustible materials in the fireplace.
WATER AND SEWER:
DO NOT FLUSH anything other than toilet paper. No feminine products should be flushed at anytime. Charges will apply if clogged and evidence of misused are present.
No refunds will be given unless:
1. The state or local authorities order mandatory evacuations.
2. The day that the authorities order a mandatory evacuation order we will refund:
a. Any unused portion of rent from a guest currently registered;
b. Any unused portion of rent from a guest that is scheduled to arrive, and wants to shorten the stay, to come in after the Hurricane Warning is lifted; and
c. Any advance rents collected or deposited for a reservation that is scheduled to arrive during the "Hurricane Warning" period.
d. No refunds will be given for storms, road closures/conditions or other non-natural disasters.
We highly recommend all guests purchase travel insurance. If you wish to purchase travel insurance, go to www.InsureMyTrip.com for details and to purchase.
Guest agrees to abide by the Rental Rules attached as “Exhibit A” at all times while at the property and shall cause all members of the rental party and anyone else Guest permits on the property to abide by the following rules at all times while at the property. A copy of the rental rules will be furnished in the home for your reference during your stay. Please note that the city ordinance regulates the maximum occupancy counts per homes room count. Violation of occupancy may result in city police department to evict all guests without notice. Nuisance complaints from neighbors to city police department may also result in automatic eviction without notice.
SAFETY AND RESPONSIBILITY: Tenant agrees to observe all conditions and terms of this agreement as to maintaining the premises in good order and appearance and will conduct themselves in a manner inoffensive to neighbors. All equipment and appliances shall be used in a safe and appropriate manner. Please exercise safety precautions when using pool and spa.
This Vacation Rental is privately owned and operated; the owners are not responsible for any accidents, injuries or illness that occurs while on the premises. The Homeowners are not responsible for the loss of personal belongings or valuables of the guest. Tenant agrees to indemnify and hold owners harmless from all liability, loss, or damage arising from any nuisance or harm made or suffered on the leased premises by the tenants or guests or from any carelessness, neglect, or improper conduct of any persons entering, occupying, or visiting the leased premises. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise.
In the event that any action shall be commenced by either party arising out of or concerning this lease or any right or obligation derived there from, the prevailing party shall be entitled to receive attorney’s fees as fixed by the court in addition to all relief at law or equity.
The construction, interpretation and application of this Rental Agreement shall be governed by the Law of the State of California.
Special Event Guest: All vehicles to be parked at residence overnight and guests over the age of 18 must be identified prior to taking occupancy per HOA rules. See attached form.