Arrival Date: 3:00 PM Arrival Time
Departure Date: * 11:00 AM Departure Time
RENTER/CARDHOLDER: All Renters are required to be over the age of 25. In addition, the credit card charged for the rental must be in the name of the renter. When picking up the key, the Renter must provide a drivers license and credit card used for the reservation to the front desk. Only the Renter can pick up the keys. The credit card and ID charged for your reservation MUST BE PRESENT at the time of check-in. If original credit card is not available we may switch the charge onto a different card with an administrative fee of 4.5%. For cash payments this fee does not apply.
PAYMENTS: If the reservation is made within a 30-day period of chosen dates, the total charge of the rental must be paid at the time of making the reservation. If reservation is made prior to 30 days of chosen dates, renters have the option of paying the total charge of the rental amount at the time of making the reservation or only 50% of the total charge with the remaining 50% automatically charged to the credit card on file 30 days prior the check-in date. By initialing above, the Renter is authorizing this charge. If the card on file is declined, only the signed Renter will be contacted. If paid by check, all returned checks will be charged an additional $15.00 fee.
Upon deposit/payment, the property manager agrees to ensure that the vacation time is in the name of the Renter. Renter agrees to confirm the reservation with the property manager to verify the reservation was made accurately.
SUBLETTING: Renter is not authorized to let or sublet all or any part of the premises nor assign the lease or any interest in it without the prior written consent of the property manager.
CONDITION OF PROPERTY: A cleaning crew will have this home cleaned with fresh linens/towels before your occupancy. All electrical, plumbing and appliances should be in working order. When you arrive, if you find that the house has not been cleaned to normal standards or the electrical systems, plumbing systems and/or appliances are not in working order, please notify the property manager immediately. A tradesmen and/or housekeeper will attend to the problems within 24 hours from the time it was reported. However, they may not be available to fix everything over holidays and weekends.Under no circumstances will any of the rental money be refunded or returned because of the condition of the house.
REFRIGERATOR/FREEZER: Renter is NOT permitted to adjust the temperature of the refrigerator and/or freezer. Doing so can damage the units and the Renter will be charged for the necessary repair. This will be charged to the credit card on file. Refridgerators will take some time to get your items cold. This is because there are no items in the fridge when you arrive and the air is just cold. Then while you open the fridge to load your groceries, the cold air escapes. It can take hours for the items to get cold, make sure to leave the door closed as much as possible.
CLEANING & REPAIRS: Renter agrees to keep the house, furniture and furnishings in good condition. Removing, adding or changing furniture or furnishings without the property manager's written permission shall be deemed a material breech of the Rental Agreement and is strictly prohibited. Renter is responsible for the cost of replacement or any damage to furniture, furnishings or the premises and replacement of any missing items.Renter agrees the cost of replacement and repair of damage can be charged to the renters credit card on file with the property manager. Renter further agrees he/she is at all times personally liable to the owner and the property manager for all costs of damage. If the renter uses the property telephone to call any 900 numbers, 411 calls, or accepts any collect phone calls, then the renters credit card on file will be charged accordingly. Additionally, any other charges including but not limited to "pay per view channels" will also be charged to the renters credit card on file.
ACCIDENTAL RENTAL DAMAGE INSURANCE: This reservation INCLUDES a basic Accidental Rental Damage Insurance plan designed to cover unintentional damages to the rental unit interior that occur during your stay. This insurance is already included in this reservation, no additional money is needed to purchase this insurance. The policy may pay a maximum benefit of $500. However, if Renter wishes to upgrade the Accidental Rental Damage Insurance plan at an additional cost, the maximum benefit will be $3,000.00. Renter will need to notify the property manager in writing if Renter would like to upgrade this policy. Any accidental damages that exceed the maximum benefit will be charged to the credit card on file. This insurance does NOT cover any charges for A) Unauthorized 900/411 phone calls, or pay per view movie charges; B) Evidence of smoking cost of $350.00; C) $25.00 per bag charge for all trash that is not properly disposed of at one of the '2' Big Bear clean sites; these violations will be charged to the credit card on file. Renter agrees that if these costs cannot be charged against the said credit card, the renter will be personally liable for these costs. Additionally, if any damages from renter are excluded from the Accidental Rental Damage Insurance policy, then the renter authorizes the credit card on file to be charged for all costs not covered. Please see the attached "Accidental Rental Damage Insurance Addendum."
ENTRY OF PREMISES: With the renters permission, which is hereby given, the property manager and/or property owner may enter the premises during reasonable daylight hours without securing prior permission from renter, but shall give renter notice of such entry. For inventory and maintenance purposes a property management employee of the property manager may need to enter the premises. The same permission procedure applies as above. In an emergency, the property manager employee's and/or property owner may enter the premises at any time without permission of the renter for the purposes of making repairs to alleviate such emergency. If the renter abandons or vacates the premises, the property owner and/or the property manager representative may, at his/her option, terminate this agreement, re-enter the premises and remove all of the Renters property.
OCCUPANCY: Occupancy shall be no more than With a maximum of **SU:MISC.CARS** cars parked on the premises. By signing below, renter understands that the Municipal Code of the City of Big Bear Lake limits the number of people and vehicles allowed at each Property and prohibits transient occupants from housing additional guests or parking additional vehicles, and that violating these regulations or disturbing the quite of others will result in the immediate ejection from the property with NO REFUND. Renter also understands that California Penal Code Section 537 prohibits the defrauding of innkeepers and that such fraud is punishable by fine of up to one thousand dollars ($1000) and/or imprisonment in State prison for up to three (3) years. Renter further understands that he/she is signing this declaration under penalty of perjury and that perjury is punishable under California Penal Code Section 126 by imprisonment for a period of two (2) to four (4) years.
PETS: Renter agrees that no pets shall be allowed in vacation property without written permission from the property manager, a proper pet deposit and a small fee of $10.00 per pet per day.
ALL PAYMENTS ARE NON-REFUNDABLE: (see cancellation paragraph) Payment for the total rent for the period rented is due 30 days prior to arrival. the property manager may cancel the reservation if payment is not received 30 days prior to the check-in date. the property manager has confirmed the property will be available to the Renter during the contracted term specified. However, if the property is not available, all monies paid by renter will be refunded by the property manager.
CANCELLATION: Reservations are non-refundable once made unless the request for cancellation is beyond 60 days from arrival date. A cancellation fee of $75.00 or 10% of the total reservation amount (whichever is greater) applies. Reservations cancelled inside the 60 days of arrival date will receive a Rain Check valid for 6 months if the cabin is rebooked for all dates being cancelled. NO refunds will be made for cancellations due to weather, road conditions, acts of nature, mechanical, electrical failure or malfunctions with spas, TV's or other equipment, sighting of insects or rodents or other circumstances beyond our control. It is understood by both parties that, should the owner/s of the property sell the property or otherwise remove it from the rental market and cannot honor the Rental Agreement, the property manager will use their best efforts to locate a like property at a similar price. If a property, satisfactory to Renter, in its sole discretion, cannot be made available, then all monies will be returned to the Renter. Renter agrees that the property manager will have no further obligation to the Renter. NO REFUNDS FOR UNUSED NIGHTS or early checkouts.
PERSONAL PROPERTY AND LIABILITY: All personal property kept by Renter in said premises shall be and remain at his/her sole risk and the property manager shall not be liable for any damage to, or loss of such personal property occurring from any acts of negligence of any other persons, nor from any problems with the rental home from any other cause whatsoever, nor shall the property manager be liable for any injury to the Renter or guests of the Renter in or about the premises.Renter understands that any personal property of and used by Renter is not insured by the property manager or the property owner. The renter expressly agrees to hold the property manager and the property owner harmless in all such cases.
DISTURBANCES: Renter shall not disturb, annoy, endanger or interfere with other renters or neighbors, nor use the premises for any unlawful purposes, nor violate any law or ordinance, exceed occupancy limit as stated in this contract: "OCCUPANCY: Occupancy shall be no more than With a maximum of ** cars parked on the premises," nor commit waste or nuisance upon or about the premises. Committing any of the foregoing acts shall be deemed a breech of contract and the renters tenancy in the property will be terminated forthwith, renters will be evicted and all monies retained without any refund.
CHILD PROOF: Renter understands that no special efforts have been made to "childproof" this home, and accepts the risk of harm to any children and/or adults allowed on the property. These risks include, but are not limited to access to Snow Summit/ Bear Mountain and adjacent streets, ingestion of cleaning supplies in the property and on the street, and the use of stairs inside and outside of the property.
RELATIONSHIP OF PARTIES: It is specifically agreed and understood that the relationship between the parties shall be deemed to be of proprietor and lodger/Renter as opposed to a relationship of a Landlord and Tenant. Renter specifically waives and make inapplicable to the lodging the provisions of California Civil Code Section entitled "Hiring of Real Property" as set forth in CC 1940-1945 et seq., and further specifically waives and makes inapplicable CCP 1159 re: forcible entry.
RULES AND REGULATIONS: Guest agrees to comply with all rules or regulations posted on the premises, delivered or otherwise made known to the Renter by the property owner and/or the property manager. Failure to comply is grounds for termination of the Rental Agreement. Renter further agrees to perform the following obligations: (1)to keep premises as clean and sanitary as their condition permits; (2)to dispose of all rubbish, garbage and other waste in a clean and sanitary manner; (3)to use and operate properly all electrical, gas, plumbing fixtures and pipes and to keep them as clean and sanitary as their condition permits; (4)to refrain from willfully destroying, defacing, damaging, repairing or removing any part of the premises furnishings, equipment or appliances, or permitting any person on the premises to commit such acts; (5)All returned checks will be charged an additional $15.00 fee.
SMOKING: Smoking is not allowed inside the property at any time. Smoking is permitted outside only. If there is evidence that smoking took place, the Renter will be charged a minimum of $350.00 for the required deep cleaning. The said charges will be charged to the credit card on file with the property manager. If the said charges cannot be charged to the card on file, Renter agrees to be personally liable for all said charges. ***EVIDENCE OF SMOKING WILL COST A MINIMUM OF $350.00 FOR DEEP CLEANING***
PUBLIC TRASH SITES "CLEAN BEAR":
All renters MUST dispose of their trash at one of the 2 Clean Bear Trash Sites or pay $25.00 per bag that is not property disposed of.
Clean Bear Trash Site #1 Cross Streets are Big Bear Boulevard and Garstin/Moonridge (west). The trash site is located on the right side, about 2 blocks down Garstin. It is marked "Clean Bear Trash Site #1" 41974 Garstin Road
Clean Bear Trash Site #2 On Big Bear Blvd, well past the village, on the left across the street from the City Hall/Performing Art Center, Clean Bear Trash Site #2 is in the parking lot of the auxiliary fire station. Fire House #2 (across from the Civic Center on Big Bear Blvd.)
***RENTER WILL BE CHARGED $25.00 PER BAG OF TRASH IF NOT PROPERLY DISPOSED OF AT A CLEAN BEAR SITE***
HOLDING OVER: Because of the nature of this business (short term winter and summer recreational rentals) Renter understands, and is hereby put on notice that any unauthorized "holding over" of the property past the stated rental period could severely jeopardize the Owners & the property manager's business and cause loss of rental income from other previously booked renters, temporary and/or permanent loss of business, goodwill and reputation and, among other things, could force the property manager to breach an agreement with similar short term summer and winter recreational Renter(s) who may have reservations during Renters unauthorized "holding over" period. Renters should be aware that unauthorized "holding over" has been construed as a factor in establishing "malicious continuing occupation" of rental property, which may entitle Owner & the property manager to treble damages in any unlawful detained action. Renter also recognizes the unauthorized "holding over" could be grounds in court as a cause of action for intentionally interfering with Owner’s & Agencies prospective business advantage. Renter agrees to pay the property manager all the costs incurred as a result of any "holding over" including, but not limited to, additional rent, loss of income from other renter, loss of goodwill, costs of litigation for breach of rental agreement with other renter. In addition, the property manager will charge $100.00 every hour past 11am on the day of check-out. Any late check-outs must be noted by the property manager under "Lease period" of this contract. If a late check-out is not stated above, then no late check-out is permitted.
REMEDIES: In the event of a default to the Rental Agreement, particularly, but not limited to Renters unauthorized "holding over" or those acts mentioned above in this agreement, and in addition to all other rights and remedies the property manager may have at law, the property manager shall have the option, upon written notice or as the Law may hereinafter provide, Owner and/or the property manager may immediately re-enter and remove all persons and property from premises. In such an instance, the Rental Agreement will be terminated and the property manager shall be entitled to otherwise recover all damages allowable under the law. The Renter, as part of the considerations of this special rental, in recognition that this property is booked in advance by other Renters throughout the year, hereby waives all claims for damages that might be caused by Owner and/or the property manager; re-entry and taking possession of premises or removing or storing furniture and property as herein provided, and will hold Owner & the property manager harmless from loss, cost and damages occasioned thereof, and no such re-entry shall be considered or construed to be a forcible entry as defined in the California Code of Civil Procedure or other similar statutory provisions. Further, if for any reason Owner and /or the property manager is unable to deliver possession of the premises to Renter at the commencement of the term specified in the Renal Agreement, Owner and/or the property manager shall refund amounts paid by Renter, but shall not be liable for any other damages caused thereby.
ATTORNEYS FEE/DEFAULT: If any legal action or proceeding including, but not limited to, default, non-payment of rent, or damages to Owners property arising out of or related to this Rental Agreement is brought by either party to this Rental Agreement, the prevailing party shall be entitled to receive from the other party, in addition to all other relief that may be granted, the reasonable attorney’s fees, costs and expenses incurred in the action or proceedings by the prevailing party.
INDEMNIFICATION: Renter agrees to indemnify and hold harmless the property manager for any liability arising before termination of this Rental Agreement for personal injuries or property damage caused by the negligent, willful or intentional conduct of Renter and not otherwise caused by the active negligence of the Owner and/or Owners Agent.
PRIOR AGREEMENTS: This Short Term Rental Agreement contains all terms and conditions of the rental of the property described above. No prior agreement or understanding not set forth in writing shall be effective. Furthermore, the property manager, other than what is specifically written and set forth herein, makes no other or further representation regarding the nature, character and quality of the premises to be rented, and no representation shall be deemed to exist or be material unless and until it is reduced to a writing that is signed by both the parties. This Rental Agreement may be modified in writing only, and must be signed by the parties in interest at the time of the modification. If any provision in this contract held by any court to be invalid, void or unenforceable, the remaining provisions shall never the less continue in full force.
GOVERNING LAW AND VENUE: It is expressively agreed that the exclusive governing law, including the laws covering this agreement, is to be the laws of the State of California only, irrespective of the state of residency of Renter. The sole and exclusive venue (i.e. place where lawsuit may be filed) for any legal proceedings shall be the California State Court, either Superior or Municipal, in Orange County, California. Renter expressly waives any other right or privilege with respect to the election of the venue or court (i.e. state or federal) and location of the venue of action.
You are a guest of Big Bear Lake and staying in a Residential Area. You are expected to respect the neighborhood and those near you.
The first call for disturbing the peace or exceeding the occupancy or number of cars will result in a $75.00 charge to the card the reservation was made under.
Any call after that will result in ejection from the premises with no refund.
RESPECT NEIGHBORHOOD TRANQUILITY. Disturbing the peace of the Residential Neighborhood you are occupying is a city ordinance violation. Please keep noise to a minimum, including children playing loudly, parties, and any loud noises between 9:00 pm and 8:00 am.
ABIDE BY OCCUPANCY LIMITS. Each property is licensed to accommodate a maximum amount of people, DAY AND NIGHT. Overcrowding is dangerous, disrespectful, and illegal. Please do not exceed the designated amount.
DISPOSE OF TRASH PROPERLY. "Clean Bear Sites" are available nearby all residential areas. These sites are funded by homeowners through local property taxes. Please take all household trash items to these sites; not doing so is disrespectful and a violation of the code of conduct.
PARK CARS APPROPRIATELY. The Big Bear Lake Ordinance limits the number of cars parked at each property, and this number is displayed on a sign on each house. Parking more cars is a city ordinance violation. Please use common sense – Do not block streets or corners and keep all cars parked on driveways. During snow conditions, avoid large fines: do not block plows or park anywhere on the street.
DO NOT DISPOSE OF ASHES FROM BBQ'S AND FIREPLACES. It is against the Vacation Rental's’ policy for guests to remove or dispose of Fireplace or BBQ ashes. Our Housekeeping Department will properly and safely dispose of all ashes. If you need ash removal, please contact our office. Any improper disposal on ashes will result in charges equal to the amount of the security deposit for this cabin.
ANY VIOLATION OF THIS CODE OF CONDUCT BY ANYONE IN YOUR PARTY WILL RESULT IN IMMEDIATE CHARGE AND/OR EJECTION OF EVERYONE WITHOUT ANY REFUND, AND COULD INCLUDE ADDITIONAL CITY IMPOSED FINES OR OTHER SANCTIONS.
RELEASE AND WAIVER OF LIABILITY, EXPRESS ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, INCLUDING PARENTAL/GUARDIAN RELEASE
In consideration of being permitted to occupy on a transient basis certain premises including the private home or lodge room rented by the signer(s) below (hereinafter referred to as "Guest") and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Guest, for themselves, their personal representatives, agents, assigns, heirs, and next of kin agree to the following release and waiver of liability, express assumption of risk, and indemnity agreement, including parental/guardian release when applicable.
The private home or lodge room rented, its interior and exterior areas including common areas, the ingress and egress areas of private home or lodge room, the office buildings of the property manager their interior areas, exterior areas, and the ingress and egress areas of such buildings, are collectively hereinafter referred to as the "Premises".
The property manager, its owners, directors, agents, officers, contractors, and employees are collectively hereinafter referred to as the property manager. The owners of the Premises the Guest occupies, including such owner’s directors, agents, officers, contractors, and employees are collectively hereinafter referred to as the "Premises Owner". the property manager and the Premise Owner are each considered one of the "Releases" herein.
Guest acknowledges, agrees, and represents that they understand that occupying a private home or lodge room, and using interior and exterior areas including common areas, and the entering and exiting such home, room, or areas involves certain risks and dangers including risks and dangers of injury to persons, or damage to property, INCLUDING RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH ("RISKS"); these Risks and dangers may be caused by Guest’s own actions, or inactions, the actions or inactions of the Guest's invitees, dependents, charges, guests, any person holding under Guest, or trespassers while the Guest is occupying the Premises, the condition of the Premises, the weather, or THE NEGLIGENCE OF THE "RELEASEES" NAMED BELOW. The causes of Risks include, BUT ARE NOT LIMITED TO: unfamiliar stairs, decks, furniture, windows, doors, decorations, fireplaces, landscaping (including plants and objects); unfamiliar location of lights, appliances, fireplaces, heaters, and their control mechanisms, and unfamiliarity with the proper use of such items; possible loose grab-rails, flooring (including without limitation, floor boards, rugs, carpets, and other floor coverings); uneven interior and exterior walking surfaces; sharp objects; heavy objects, hot or cold objects; items within the reach of children; weather related causes such as wet, icy, hot, cold, or slippery surfaces, or hazards disguised or hidden by snow, ice, darkness or other factors; use and existence at Premises of pools, spas, hot-tubs, Jacuzzis and the lake; the general age, condition, or location of the Premises and objects contained in and around the Premises; and other similar and different causes.
GUEST HEREBY EXPRESSLY, KNOWINGLY AND FREELY ASSUMES ALL RISK OF LIABILITY OF ANY KIND, OR FOR ANY INJURY TO OR DEATH OF PERSONS, OR DAMAGE TO PROPERTY OF GUEST OR ANY OTHER PERSON, FROM ANY CAUSE WHATSOEVER, FORESEEABLE OR UNFORESEEABLE, RESULTING FROM THE USE, OCCUPATION OR ENJOYMENT OF THE PREMISES BY GUEST, GUEST’S INVITEES, DEPENDENTS, CHARGES, GUESTS, ANY PERSON HOLDING UNDER GUEST, PERSONS ACTING ON GUEST’S BEHALF, OR TRESPASSORS, AND GUEST HEREBY RELEASES AND DISCHARGES RELEASEES FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
GUEST AGREES THAT RELEASEES SHALL NOT BE LIABLE FOR ANY DAMAGE OR LIABILITY OF ANY KIND, OR FOR ANY INJURY TO OR DEATH OF PERSONS, OR DAMAGE TO PROPERTY OF GUEST OR ANY OTHER PERSON WHILE THE GUEST IS VISITING BIG BEAR, FROM ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE OF THE RELEASEES OR OTHERWISE, RESULTING FROM THE USE, OCCUPATION OR ENJOYMENT OF THE PREMISES BY GUEST, GUEST'S INVITEES, DEPENDENTS, CHARGES, GUESTS, ANY PERSON HOLDING UNDER GUEST, PERSONS ACTING ON GUEST’S BEHALF, OR TRESPASSORS. GUEST HEREBY FURTHER AGREES TO DEFEND, INDEMNIFY PROTECT AND SAVE HARMLESS RELEASEES FROM ALL LIABILITY WHATSOEVER INCLUDING,ENJOYMENT OF THE PREMISES AND ITS FACILITIES, ANY REPAIRS OR ALTERATIONS WHICH GUEST MAY MAKE OR CAUSE TO BE MADE UPON THE PREMISES AND ANY CLAIMS AGAINST RELEASEES BY ANY OF GUEST’S INVITEES, DEPENDENTS, CHARGES, GUESTS, TRESPASSORS, PERSONS ACTING ON GUEST’S BEHALF, PERSONS HOLDING UNDER GUEST, EMPLOYEE, AGENT, OR CONTRACTOR OF GUEST. THE FOREGOING OBLIGATION OF GUEST TO INDEMNIFY RELEASEES SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE TERM OF GUEST OCCUPANCY AND SHALL INCLUDE ALL COSTS OF LEGAL COUNSEL AND INVESTIGATION, TOGETHER WITH OTHER COSTS, EXPENSES AND LIABILITIES INCURRED IN CONNECTION WITH ANY AND ALL CLAIMS OF DAMAGE, ACTIONS, SUITS OR PROCEEDINGS TO WHICH RELEASEES MAY BECOME INVOLVED BY REASON OF THE GUEST HAVING VISITED THE AREA. GUEST FURTHER COVENANTS NOT TO SUE RELEASEES.
Guest agrees that if they observe any unusual or unnecessary hazards during their stay, Guest will immediately bring such hazards to the attention the property manager, in writing, and keep themselves and others away from the immediate area of the hazard. Guest acknowledges and agrees that they have a meaningful choice of lodging in the Area, including many choices of commercial-type lodging and private-home rental. Guest further acknowledges and agrees that this express assumption of risk constitutes a reasonable allocation of risk to the Guest. Guest acknowledges and agrees that no oral representations, statements or inducements apart from this written agreement have been made.
Guest Agrees that if any other agreement between Guest and the property manager is construed by any court, mediator, or arbitrator as an additional release, if the agreements are not enforced as a single cumulative release, the broadest release, waiver of liability, express assumption of risk, or indemnity agreement ("Broadest Agreement") shall control and any language irreconcilably conflicting with the Broadest Agreement shall be of no effect.