Subject to the terms and conditions contained in this Agreement, Agent and Primary Guest agrees as follows.
Guest rents for vacation purposes only the furnished real property and improvements (“Premises”), from the Arrival date and time to the Departure date and time (“Term”), as described or indicated.
The Premises will be used solely for vacation rental purposes by only Primary Guest and Guest’s Licensee(s) identified above (hereinafter, collectively, “Guests”): Guests and visitors, and vehicles on the Premises, may not exceed the maximum allowed.
Security Deposit. At the end of the Term, all or any portion of the security deposit may be used by Agent as reasonably necessary to: cure Primary Guest’s default in payment of rent and other sums due; repair actual damages caused by Guests (reasonable wear and tear excepted); clean the Premises; and repair or replace personal property. Within 21 days following the end of the Term, Agent shall provide Primary Guest with an itemized statement of the security deposit received and withheld (including the reason for withholding) together with the remaining amount of the security deposit. Guests agree to not hold the owner of the Premises responsible for return of any security deposit.
Compliance. Primary Guest agrees that Guests (i) shall comply with all ordinances of the city in which the Premises are located to which Guests are subject including, but not limited to, ordinances with respect to parking vehicles at the Premises, noise disturbance, occupancy limits, and disposal of trash and fireplace ashes, (ii) shall comply with all other rules and regulations that are posted on the Premises or at any time delivered to Guests; and (ii) shall not use the Premises for any illegal activity or otherwise in violation of applicable law.
Delivery of Premises; Condition; Reporting. Agent shall delivery the Premises to Primary Guest on the Arrival date in a professionally cleaned and habitable condition. If Agent is unable to do so, as determined by Agent, then, at Agent’s option, Agent may either substitute comparable property or terminate this Agreement and refund all payments then made. At the end of the Term, Primary Guest shall deliver the Premises to Agent in the same condition as received, excluding reasonable wear and tear; otherwise additional charges will be deducted from the security deposit. Upon Arrival, Primary Guest shall be deemed to have viewed and examined the Premises and all personal property and improvements, all of which (including, but not limited to furniture and appliances) shall be deemed in good working order unless Primary Guest reports, in writing, to Agent that any of the foregoing is in disrepair. Guests shall not alter any portion of the Premises or its improvements, fixtures or furnishings.
Indemnification and Hold Harmless; Right of Entry. Primary Guest agrees to indemnify and hold harmless Agent and the owner and their respective representatives from and against any liability for personal injury or death to any person (including Guests and their visitors) or property damage arising from any cause (other than an unsafe condition of the Premises), unless caused by the sole negligence or willful misconduct Agent or the owner or their respective representatives. Primary Guest agrees that Agent, the owner and their respective representatives may enter the Premises (i) at any time to make repairs, inspect the Premises, ensure compliance with this Agreement or in case of emergency, and (ii) after reasonable notice to show the Premises to prospective purchasers, renters, contractors and lenders. Primary Guest rents the Premises on a transient-occupancy basis for only the Term. The owner of the Premises retains full legal and possessory and access rights.
Termination/Holding Over. At the end of the Term, Primary Guest shall (i) surrender the Premises empty of all persons in the same condition as delivered by Agent on the Arrival date (excluding reasonable wear and tear), (ii) vacate all vehicles from parking areas, and (iii) return to Agent all keys, remote controls and opening devices provided by Agent. If any Guests occupy the Premises after the Term (unless an extension is permitted in writing by Agent), Primary Guest shall be charged a daily prorated rental rate equal to two time the Nightly Rental Charge.
No Assignment or Subletting. Primary Guest may not assign any interest in this Agreement or sublet any portion of the Premises without prior written permission of Agent. A breach of the preceding sentence is a material breach of this Agreement, in which case Agent may remove all Guests, and assignee(s) and others from the Premises and Primary Guest forfeits its right to return of the security deposit.
Pets. Unless otherwise specifically permitted in this Agreement (including any addendum hereto), no pets shall be allowed on the Premises. A breach of the preceding sentence is a material breach of this Agreement, in which case Agent may remove all Guests and others from the Premises and Primary Guest shall pay an charge of $250 per unauthorized pet.
Other Terms or Conditions.
1) No Smoking: We have a strict no smoking policy and will imposes a $500 fine for violation.
2) Parking: The Premises has limited parking and is solely for passenger vehicles not to exceed the Total Vehicle Maximum stated above. If Guests desire to park a boat/jet ski/trailer/recreational or oversize vehicle on the Premises, primary Guest shall first contact Agent for permission and instructions.
3) Linens/Towels: Linens and towels for the units are provided at all properties. Guests shall not take away from the Premises any towels or linens or other personal property thereon which does not belong to any Guests or their visitors.
4) Pets: Domesticated pets ? are ? are not allowed on the Premises. If such pets are permitted, Primary Guest shall pay Agent a non-refundable Pet Fee of $100 per pet, and no more than 2 pets are permitted.
5) Occupancy: No persons other than Guests, up to the number of Total Occupancy stated above, may use the Premises. If the Premises are used by any more or different persons than identified as Guests above or on any rental application of Primary Guest, Primary Guest will be deemed in material breach of this Agreement, in which case Agent may remove all Guests and other unauthorized persons from the Premises and Primary Guest forfeits its right to return of the security deposit.
6) Care of Premises: Guests shall use as intended and safeguard the Premises and all improvements and furnishings thereon and keep them clean and in good order. Primary Guest shall immediately report any malfunction or damage to Agent. Guest shall pay for all repairs and replacements due to any Guests or their visitors, whether or not reported.
7) Hot Tub: If the Premises includes a hot tub, Primary Guest hereby assumes all associated risks to the health and safety, including risk of death by drowning and other injury, of Guests and their visitors arising from use of the hot tub. DO NOT STAND ON THE HOT TUB COVERS. Hot tub covers are for insulation purposes and are not designed to support the weight of any person. Primary Guest is responsible for repair or replacement of the hot tub cover damaged by Guests or visitors. When the hot tub is not in use, leave the cover on to keep the water warm.
8) Age Restrictions: Primary Guest represents to Agent that he/she is at least 21 years of age.
9) Cleaning: The security deposit may be used to clean the Premises after the Term for cleaning of the Premises, linens, spa and trash removal.
10) Agent may for any reason terminate this Agreement at any time before the Arrival date. If terminated by Agent not due to a breach by Primary Guest, Primary Guest shall receive a refund of all payments made.
Entire Agreement. Time is of the essence. This Agreement, together with all addendums and documents referenced herein or therein, constitutes the entire statement of the agreement between Primary Guest and Agent and mergers all prior and contemporaneous understandings and agreements between Guest and Agent, with respect to the subject matter hereof and thereof. No right may be waived unless in a writing that references the Agreement and is signed by a duly authorized representative of the party to be charged. The Agreement shall be interpreted and enforced according to the substantive laws of the State of California, without regard to conflicts of laws rules or principals. Any provision of this Agreement that is held by a court of competent jurisdiction to be unenforceable shall not affect the enforceability of any other term(s) of this Agreement.