PLEASE READ CAREFULLY
1. Owner will removing property from availability calendar, securing and reserving said property for occupant and refusing any other offers preceding subject contract offer.
Please be advised unless credit card payment is received, the Property Manager must receive check payment at our office within 48 hours of receiving this contract. If they are not received within the designated timeframe the reservation may be cancelled at the owner’s discretion. If you wish to use a credit card for rental, cleaning and tax fees we will assess a 3% service charge. You may wish to consider paying via check or wire transfer.
2. Funds: All rental fees must be paid in full no later than 30 days prior to occupancy. There will be an additional charge of $25.00 for returned checks. We accept most major credit cards for your paying convenience.
3. Occupant(s) hereby authorize the Property Manager to charge his/her credit card for beach house rental as described above and for any fees that may result in but not limited to the following in the event that the property is not left in the same condition in which it was received or any damages that may result or missing items. If items are damaged or missing or an excessive amount of cleaning must be done to return premises to the condition received, that exceeds the amount of the deposit, said additional amount will be charged to Occupant’s credit card.
a. Occupant shall notify the Property Manager with a minimum of 30 day advance written notice in the event of cancellation of reservation. Guest may cancel a reservation no later than 30 days prior to their check-in date, in which case the guest shall receive a full refund of their deposit minus a $200 admin/cancellation fee.
b. Any monies paid will become the property of the owner, and may be refunded only if the property re-rents for the complete term of the reservation and for an equal to or greater amount of total rent due as per original contract. If in fact property re-rents for a lesser amount than original total contract amount, Occupant will be responsible for the deficiency of the differences plus deposit which will be held as liquidated damages for remarketing property.
There will be an additional fee of $200 per person/per night for each person that is undisclosed at execution of this Short Term Rental Contract that is considered by owner to be part of the Rental Party of said premises rather than a Visitor. A Visitor may be defined as an individual not appearing on the Short Term Rental Contract disclosure below:
5. No unauthorized guests may occupy the premises. This includes and is not limited to any type of party or gathering, without prior written notice of the event.
Linens, pillows, towels, beach towels and blankets are provided.
a. Occupant is to pay for damages to premises during tenancy, Occupant is to leave premises clean, return all keys and vacate premises no later than 10:00 AM unless previously agreed upon.
b. Occupant is aware that property is marketed as a short term rental therefore reservations are booked continuously and if there are any damages that may accrue do to Occupant holding the property past checkout time, Occupant will be liable for any damages that may accrue plus a daily rate of $1000.00 a day for every day Occupant continues residing on said premises past scheduled departure date and time as per contract.
c. Parking Passes must be returned or the entire security deposit will be forfeited. Failure to return keys will result in a $50.00 key charge.
d. Security deposit will be returned promptly less possible deductions for extra cleaning or repairs as decided by owner after checkout inspection.
8. Furniture: No furniture is to be added, moved or removed from the house without the owner’s approval.
9. No Pets Permitted in or on premises unless pre-approved by owner in writing. Violations will result in forfeit of security deposit plus costs of cleaning fee for eradication of odors or other damages, and immediate termination of tenancy.
10. No Smoking: Smoking is not permitted at any time within the building. Smoking is permitted outside only with doors and windows closed.
11. Occupancy: If Occupant has not vacated premises by 10AM on the ending date of this contract, Occupant authorizes owner to remove all personal property and to ready the premises for incoming Occupants.
12. Commercial use of property: including filming and photography is strictly prohibited.
13. Neighborhood/community: Occupants agree to abide by all applicable city codes related to noise, trash containers, vehicle parking and similar regulations. Occupants must respect neighbors. Occupants will refrain from doing laundry after 10PM. Playing loud, amplified music, especially when entertaining outdoors is strictly prohibited. Occupants agree that failure to comply and cooperate with the above rules is cause for immediate termination of property. In the event of any police calls, Occupant will forfeit deposit and pay for any and all fines that may accrue. If police are called for any reason due to Occupant disturbance, Occupant agrees that security deposit is forfeited and fines or citations will be paid by Occupant.
14. Disputes in Writing: If in fact there are any disputed items occurring during contract term, Occupant must contact the Property Manager immediately by telephone and in writing.
15. Personal Property: We are not responsible for any personal property or any lost items or other claims, representations, or liabilities that may be alleged.
Occupant must disclose to the Property Manager prior to signing and in any case prior to occupancy any and all issues that may affect occupancy including but not limited to any personal pre-existing conditions or health risks that may be alleged or special requests that Occupant may have regarding occupancy. All such disclosures must be in writing and included in the Short Term Rental Contract or an addendum attached hereto. Occupant hereby holds harmless the Property Manager from any and all claims that may be alleged as set forth.
17. Abandonment: If Occupant abandons or vacates the premises, owner may, at his option terminate the contract, re-rent the premises and remove all of Occupant’s property.
18. Occupant may not sublet without prior written consent of owner.
19. Owner may be permitted to inspect or show the property, or make repairs at any reasonable time. Ample notice will be given for the convenience of Occupant.
20. Indemnification: Owner will not be liable for any damage or injury to Occupant or any other person(s), or to any property occurring on the premises. Owner will not be held responsible for any claims for damages, no matter how caused.
21. Hold Harmless: Occupants acknowledge that architecture and amenities of rental property may not be suitable for all people, especially elderly or young children. This includes, but is not limited to stairs, railings, balconies, stove, grill, hot surfaces. Bicycles, surf boards, boogie boards, skates, and other amenities are provided for your pleasure but used at your own risk. Occupants and their guests hereby agree to indemnify and hold the Property Manager harmless from any and all claims, costs, demands, suits, attorney’s fees, damages and causes of action for any injury or damage.
22. Dispute Resolution
a. Mediation: Occupant and the Property Manager agree to mediate any dispute or claim arising between them and 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. If any party commences an action based on a dispute or claim to which this paragraph applies, without first attempting to resolve the matter through mediation, then that party shall not be entitled to recover attorney’s fees, even if they would otherwise be available to that party in any such action.
b. Arbitration of Disputes: Occupant and Owner agree that any dispute or claim arising between them out of the obligation to pay compensation under this Agreement, which is not settled through mediation, shall be decided by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least five years of residential income real estate transactional law experience, unless the parties mutually agree to a different arbitrator, who shall render and award in accordance with substantive California Law. In all other respects, the arbitration shall be conducted in accordance with Part III, Title 9 of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered in court having jurisdiction. The parties shall have the right to discovery in accordance with Code of Civil Procedure 1283.05.
Notice: by signing this agreement you are agreeing to have any dispute arising out of the matters included in the Arbitration of Disputes’ provision decided by neutral arbitration as provided by California Law and you are giving up any rights you might possess to have the dispute litigated in a court or jury trial. By signing this agreement you are giving up your judicial rights to discovery and appeal, unless those rights are specifically included in the Arbitration of Disputes; Provision. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under the authority of the California Code of Civil Procedure. Your agreement to this arbitration provision is voluntary.
23. Entire Contract: All prior discussions, negotiations and agreements between the parties concerning the subject matter of this Agreement are superseded by this Agreement, which constitutes the entire contract and a complete and exclusive expression of this agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. This agreement and any supplement, addendum or modification, including any photocopy or facsimile may be executed in counterparts.
I have read and agree to all the terms and conditions of the Short Term Rental Contract and House Rules. Agreement and confirmation of reservations as set forth