1. Reservations. One half of the total booking amount is required immediately to hold Occupant reservation including any security deposit. After the deposit is received, your reservation will be held until 60 days prior to check in, at which time, the remaining balance is due. Please note the date that final monies are due, as there will be no further notification provided by this office. Allow ample time for your payment to reach PROPERTY MANAGER in a timely manner. PROPERTY MANAGER shall not be obligated to honor any payments received less than 60 days prior to the beginning of the rental term/check in. All times are Pacific Standard Time and currency is in USD. Reservations will be held for seven (7) days. If signed rental agreement and deposit are not received within a seven (7) day period from the date of the Tenant's signature, the reservation will be cancelled.
2. Deposit. A deposit totaling 50% of the agreed upon total stay amount is due with acceptance of rental agreement. Payment of deposit shall be deemed as acceptance of this rental agreement. Payment may be made by a major credit card or wire transfer.
3. Cancellations. Cancellations must be made in writing, either via fax or email, no cancellations by phone are allowed. Upon cancellation, refund of any deposits held by PROPERTY MANAGER shall be granted only if the home is re-rented. We will make every effort to re-rent the home once notification of cancellation has been made; therefore it is in the guest’s best interest to notify us of a cancellation as soon as possible. If the Occupant cancels the rental, the Occupant shall forfeit all rental deposits held by PROPERTY MANAGER as liquidated damages for the Owner, unless the rental premises are re-let for the same rental period. Then a portion of the deposits may be refunded to the Occupants as follows: (1) a 15% (of the total rent due from the 1st page of this contract) reservation cancellation fee shall be deducted; (2) loss of rental income, if any, for the rental period shall be deducted from the deposits. [Example: house rental rate of $1,000 with a $500.00 deposit being held, which is re-let for $900.00 for the rental period, results in a $250.00 refund of the deposit. From the $500.00 deposit, deductions of $100.00 (loss of rental income) and $150.00 (cancellation fee) are taken resulting in a total refund of $250.00]. If you have purchased travel insurance, please refer to their guidelines regarding coverage on cancellations. There will be no refunds for early departure.
4. Changes to Reservations. Changes must be made in writing, either via e-mail or fax. Changes can also be made by phone with a follow-up in writing by Occupant. Changes to reservations can only be made up to 60 days prior to the beginning of the rental term/check in. Any change to a reservation regarding a change of date for the same property can be made over the phone and a new contract will be sent out for the new date(s). Any change request for a different property is subject to approval, availability and possible penalties and a new deposit will be needed if for a new property (See Section 1). The previous deposit will be held until the first property is re-rented. Any reservation change request where the first property is not re-rented shall be deemed a cancellation per paragraph 2.
5. Nature of Accommodations. Homes offered for rental are individually owned and reflect the taste of each owner. Homes are equipped with basic housekeeping items, including bed linens and bath towel sets. Every effort has been made to assure accurate descriptions of the property. Occupant agrees to accept home in its current condition and understands that there will be no refunds or reductions of rental rate due to issues involving the nature of accommodations. No rebates will be granted for malfunction or breakdown of appliances or home equipment, including but not limited to, microwaves, toasters, coffeemakers, dishwashers, washer/dryers, refrigerators, Jacuzzis/Spas, aquariums, televisions, home audio, DVD players, cable/satellite, televisions, elevators, computers/modems/wireless routers/internet access, and garage doors. All grievances must be expressed to PROPERTY MANAGER in writing on the day of check-in, otherwise refunds, if any, will not be considered.
6. Check-in and Checkout. Check-in time is after 4:00 PM on date of occupancy with no exceptions. Check-in address will be at the property between 4:00PM and 5PM on date of occupancy by SIGNEE AND MUST BE OVER THE AGE OF 25 WITH PHOTO I.D. While every effort will be made to have the property available for check in at 4:00 pm, during the summer, a cleaning crew may require additional cleaning time and check in may be slightly delayed. Occupant must vacate premises and return all keys (if any) to Rental Office no later than 10 a.m. on check out date. Check-out after 10 a.m. will result in an additional day charge. Occupants may not change or add any locks at the rented premises. Leaving the keys at the premises will constitute a late check-out and result in an additional day charge.
7. True Representation of Occupancy. The Property Manager manages homes that are privately owned and operated. The owners who make their homes available through the Property Manager's request that they are marketed and rented only to vacationing families. Reservations made for teenagers or young single groups will not be honored without an accompanying adult staying in the property at ALL times. If the Property Manager finds that Occupant has made a false representation of occupants, or the sole occupants at the premises are under the age of 26, or that there are any unsupervised minors at the premises, Occupant is subject to immediate termination of tenancy with no refund of rental monies. Each home has a sleeping occupancy bed limit set by the owner. If Occupant exceeds this bed limit for any reason, Occupant will be considered in violation of this rental agreement and will be charged a minimum fine of $200.00 per person per night. In addition, occupancy limits for day usage for Occupant’s guests and invitees are limited to two (2) times the premises’ occupancy or bed limit. If Occupant desires to exceed this limit for a specific purpose (family gathering or holiday celebration), Occupant must put such request in writing with total number of guests specified.
8. Repairs/Maintenance Renter shall keep and maintain premises in a clean and sanitary condition at all times. PROPERTY MANAGER will pay for all normal and usual maintenance as needed. If appliances, electronics, etc malfunction, PROPERTY MANAGER will attempt to fix and/or replace items as soon as possible once notified by occupant. Ongoing property maintenance may take place during your stay, but will never interrupt your vacation. Repairs will be accomplished as soon as possible, taking into consideration service personnel workloads, part availability and nature of the work.
9. Entry and Inspection PROPERTY MANAGER shall have the right to enter the premises: a) in case of emergency; b) to make necessary or agreed repairs, decorations, alterations, improvement, supply necessary or agreed services, c) when Occupant has abandoned or surrendered the premises. Except under (a) and (c), entry may not be made other than during normal business hours, and without less than 24 hours prior notice to Occupant.
10. Pool & Spa PROPERTY MANAGER is not responsible for any spa or pool related injuries that may occur (overheating, slipping, etc). All spas/pools have electrical/mechanical components which can sometimes malfunction. PROPERTY MANAGER is not responsible for any malfunctioning heater. In the case that the heater does malfunction, please inform us as soon as possible. However, no compensation will be given for malfunctioning spas/pools. Occupant agrees to secure spa cover after every use, as winds may blow cover off and cause damage. THE RENTER ACKNOWLEDGES THAT BEACHES & SWIMMING POOLS AND AREAS SURROUNDING THE SAME ARE INHERENTLY DANGEROUS AND CAN RESULT IN SERIOUS INJURY, DROWNING, OR DEATH. Therefore, Occupant will assume this risk and exercise great caution when using the pool, outdoor spa, pool area and beach. The renter hereby agrees to supervise children, non-swimmers and/or guests with physical or mental limitations and all others using the pool, spa and/or pool area and beach and to take full responsibility for their supervision. Occupant agrees to use the pool, spa, beach access and beach area entirely at the occupant's own initiative, risk and responsibility.
11. Substitutions. The Property Manager will make every effort to ensure the house selected will be available. However, should the reserved house be unavailable, the Property Manager may provide an equivalent substitute for the same week. We will try to notify the Occupant in advance, time permitting. Should the substitute house’s regular rental rate be less than the reserved house’s rental rate, Occupant will be refunded the difference. Should the substitute house’s regular rental rate be more than the reserved house’s rental rate, there shall be no further charge or liability to Occupant.
12. Utilities. No compensation will be given for temporary outage of electricity, gas, water, cable, or telephone service. Outages will be reported immediately to the correct authority and all efforts will be made to have them restored as soon as possible. For certain properties, extra utility charges may apply.
13. Keys. Most of our properties are equipped with an electronic keyless entry with passcode. You will receive the password and operation instructions the week prior to your arrival. If you are issued keys, lost keys are a $100 charge as well as for garage door openers.
14. Security Deposit Refunds. For those properties which require a security deposit, such deposits will be returned by mail within thirty days after checkout, less deduction, if any. The security deposit protects against damage done to the home, any excessive required cleaning, any missing/damaged linens or towels, service calls and telephone calls by guests, any extra number of guests not specified on page one of this agreement and any other extraordinary expenses that may have been incurred. This paragraph does not apply to those properties which have a damage waiver charge.
15. Housekeeping/Turnover Fee. The housekeeping fee charged with each unit is a non-refundable charge that is applied to the cleaning of every unit upon check-out and pays for a third-party professional sheet and towel service. Any heavy/deep cleaning required above the standard cleaning charge will be deducted from the security deposit and will void the damage waiver agreement (if any). All units include linens for each bed, including a set of towels for each listed/authorized occupant. Please do not remove them or damage them in any way.
16. Assignment and Subletting. Occupant may not sublet or assign their rights with respect to the rental premises covered herein without prior written consent of the Property Manager. Violation of paragraph 16 will result in immediate termination of occupancy with no refund. (_______) Initial Here
17. Pets. No pets or animals shall be brought on the premises under any circumstances. No pets allowed, period. In the event that the Occupant, their guests or invitees, brings an animal onto the premises, then the Occupant is subject to immediate eviction with no refund of rental monies. Additionally, Occupant shall pay a $750.00 fine and any cleaning charges incurred and any replacement costs or repairs for any damage caused to the carpets or personal property in the rental premises, as well as a de-fleaing charge.
18. Smoking. Smoking is not permitted anywhere inside the premises of the rental property. If the Property Manager finds that guests have smoked inside the rental premises, Occupant will be charged a $500.00 fine and shall pay any and all cleaning charges incurred due to odors and for any replacement costs or repairs for any damage caused to the carpets or personal property in the rental premises.
19. Lockouts. Lockouts after business hours will incur a $100.00 fee which is payable to the deliverer upon services rendered. Payment must be in the form of a check or cash.
20. Telephones. Telephone/Phone Services are NOT provided in our homes. Homes which happen to include phone service will have long distance blocks, which will not be removed and will require use of calling card to make long distance calls. Occupant shall not charge or receive long distance calls to the owner’s phone through regular long distance calls, facsimile machines or personal computers. Occupant shall be liable for the cost of any long distance/collect and or toll calls incurred by the owner, plus a collection fee of $50.00.
21. Parking. Not all rentals have private parking. Where parking may be provided, such spaces or garages may NOT be suitable for, or accommodate, trucks, campers, and/or Sport Utility Vehicles (SUV). Please ensure that your specific parking requirements can be met prior to reserving your house. The Occupant, their guests or invitees, shall only park in the designated parking areas on or about the rented premises for the particular rented premises. The Occupants, their guests or invitees, if any, for the rented premises shall not block the garages, at any time. Violations of the outlined parking for the unit rented will subject Occupant to towing. Street parking is at Occupant’s own risk (READ THE STREET SIGNS FOR STREET SWEEPING AND OTHER NOTIFICATIONS).
22. Peaceful and Lawful Occupation. The Occupant, their guests and invitees, shall not disturb, annoy, endanger or interfere with other occupants of the rented premises or the neighbors of the rented premises, nor shall the Occupant, their guests and invitees, use the premises for any unlawful purposes, including but not limited to, using, manufacturing, selling, providing, storing or transporting illicit drugs or other contraband, or violate any Federal, State or local law or ordinance, including, but not limited to, the use of alcohol by minors or commit waste or a nuisance upon the rented premises. The Occupants shall be responsible to pay any fines, assessments or charges imposed by any public authorities due to any violation(s) of any rules, regulations, laws or ordinances by the Occupant, their guests or invitees. Should any Occupant, their guests and invitees, cause a disturbance resulting in police action, this rental may be terminated immediately and no refund of rental monies shall be made.
23. Children and Property Risks Adults assume full responsibility for all children on unit premises. Risks include, but are not limited to, swimming pools, spas, staircases, proximity of home to the beach (no lifeguards on duty), kitchen appliances, electrical outlets, curtain cords, sliding doors, open windows, cleaning substances, balconies, railings etc. The Property Manager and the Property Owners are not responsible for these risks.
24. Fees and Fines. Occupant is responsible for the payment of following violation charges if applied by the City of Newport Beach or the Property Manager. The charge for a first call by the City of Newport Beach Police for any violation, including a “Noise Violation” is $500.00. (City of Newport Beach Noise Ordinance begins at For a second call by the City of Newport Beach Police, $1000.00 in fines will be charged. If Occupant violates City code a third time, tenancy will be immediately terminated and forfeit the rented premises, forfeit remaining balance, and pay any additional fees incurred to the City of Newport Beach. If Occupant is cited, by the City of Newport Beach, for excessive and/or misplaced trash Occupant shall pay to the Property Manager a $250 fine.
25. Indemnification. Occupants acknowledge that neither the owner nor the Property Manager are liable for any injury, loss, nor damages caused to the Occupants, their guests or invitees or any of their personal property that is, or may be caused by, any accident, event, fire, theft, or other casualty or cause during the rental period. Neither does owner accept any liability for any inconveniences, damage, loss or injury arising from any temporary defects or stoppage in supply of water, gas, cable service, electricity or plumbing, as well as due to weather conditions, natural disasters, acts of God, or other reasons beyond its control. Occupant agrees to hold owner and the Property Manager harmless from any cost, expense or damage incurred by occupant as the result of Occupants use of the home including but not limited to fines imposed under Chapter 5.95 and 10.58 of the Newport Beach Municipal code (including parking tickets). The renter does hereby remise, release and forever discharge the Property Owner, PROPERTY MANAGER, successors, employees or representatives, officially or otherwise, from any and all claims, demands, actions or causes of action, on account of the death or injury to the undersigned or any family members of the renter or other tenants, permitees, beach users, pool users, guests or invitees arising from or in any way related or incidental to, the use of the swimming pool or beach or surrounding grounds. The renter further agrees to indemnify and hold harmless the Owner, property manager and rental agency, their respective agents, employees and representatives from any expenses, attorney’s fees or damages of any kind or nature which may arise out of the use of the swimming pool or its surrounding area by any person during the period of the undersigned’s stay.
26. No Liability for Personal Property. Neither the owner nor the Property Manager shall be responsible for the return of, or the value of, any items of personal property that are not removed from the rented premises at the termination of the rental period by the Occupants, their guest or invitees. There is a $25.00 service fee for item recovery. In the event that any item of Occupant’s personal property is recovered from the rented premises after the end of the rental period, the owner or the Property Manager shall be responsible to retain possession of such items for a period of thirty (30) days only after the termination of the rental period, after which time the items shall be disposed of pursuant to California law.
27. Disclaimer/Limitation of Liability. The premises, all fixtures thereon, and all property on or around the premises is provided “as is” without any warranties of any kind. Neither Property Manager, nor the property owner shall be responsible for any direct, indirect, consequential, or incidental damages arising out of or relating to this Rental Agreement. The use of the premises is “at your own risk.”
28. Force Majeure. Factors outside our control, including but not limited to, construction, and any noise resulting there from, caused by the City of Newport Beach or any other private contractor that may do work on city streets, alleyways, sidewalks, parks, or any municipal property and/or private dwellings that may be
adjacent to, or near the rented premises, may impact directly or indirectly the subject premises. If such activity constitutes an inability to access the rented premises, refer to paragraph 11.
29. Legal Disputes. This legal instrument may be pleaded as a complete defense to any action or other proceeding, which may be brought, instituted or taken by the renter, the renter's family, other tenant invitees or pool users in breach of this instrument. If any legal action or proceeding arising with respect to this rental agreement is brought by either party, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable fees, costs, and expenses incurred in the action or proceeding by the prevailing party. It is agreed that in the event of any legal dispute, the laws of the State of California shall apply and Tenant hereby submits to the jurisdiction of said courts.
Please remember that you are renting a private home. Please treat it with the same care and respect you would want for your own home.
BY SIGNING THIS AGREEMENT, I HEREBY AGREE AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS SET FORTH ABOVE AND ATTACHED HERETO.