GUEST RESERVATION AGREEMENT
1. DEPOSIT: A Refundable Damage Deposit will be added to the Reservation Agreement before the Agreement is emailed to Guest. The amount of the Refundable Damage Deposit is a minimum of $300 but can vary depending on the property rented and the length of stay. A Rent Deposit (partial payment, applied towards your Total Booking Charges) of 30% of the total rental amount is required for tenancies of two weeks or less and 50% for tenancies greater than two weeks, if your arrival is more than 30 days from the date you reserve. If your arrival is less than 30 days from the date you reserve, the Total Booking Charges are due immediately. The payment is due within 48-hours of making your reservation.
2. DAMAGE: The Guest(s) acknowledges Manager’s authority to deduct from deposit or charge credit card on file, if damages exceeds deposit, for damages to the unit occupied by the Guest(s) and/or his/her Guest(s). Each Guest will be financially responsible for damage done to the property beyond normal wear and tear. If there is damage to a property or it's contents within, after the Guest(s) departure, the Guest will be notified of any excessive cleaning needed or damages made and the amount will be charged to the credit card on file or deducted from the above mentioned damage deposit. If renting more than one property, the damage deposits may be used collectively to cover damage if the repairs exceed the deposit on any single property. The deposit will be refunded within 14 days providing the property is left in the same condition as found, including the return of all keys, no fines are imposed from Homeowners Association due to rules violations or there is no breach of this Agreement.
3. RENT, FEES & TAXES: The balance due, which includes rent, cleaning fee, reservation fee and Transient Occupancy Tax (10% of rental amount on all tenancies of 30 nights or less) shall be paid in full 30 days prior to occupancy for all tenancies less than 15 nights, and paid in full 60 days prior to occupancy for all tenancies 15 nights or greater. (60 days prior for Christmas and New Years). Guest authorizes Manager to utilize the same credit card that Guest provided when making the reservation to pay for the balance due. The balance will be processed automatically 30 days prior to Guest's arrival for tenancies less than 15 nights, and 60 days prior for all tenancies 15 nights or greater. Should you make a reservation with a check-in date 30 days or less prior to occupancy, the amount due is payable by means of credit card. Neither a late arrival nor an early departure will reduce the rent contracted since the property is reserved specifically for you for the dates agreed to above.
4. CLEANING REQUIREMENTS: Guest acknowledges that the premises are in good order and repair, unless otherwise indicated within two (2) hours of check-in. Guest(s) are required to leave the property in the same general condition it was when Guest(s) arrived. Dishes should be cleaned and put away but beds do not need to be made. Agent(s) will dust, vacuum, sanitize, and clean all towels and linens upon your departure. A normal move out clean has been added to the rental amount. You will be charged for any expenses for extra cleaning, damage (including stains), or loss of inventory, which will be charged to your credit card or deducted from your deposit.
5. CANCELLATION: Cancellations made 30 days or more prior to arrival, for tenancies less than 15 nights, and 60 days or more for tenancies 15 nights or greater, the Guest will receive a full refund of any monies received less a $100 cancellation fee and Travel Insurance if accepted. Cancellations made less than 30 days prior to arrival, for tenancies less than 15 nights, and less than 60 days for tenancies 15 nights or greater, Guest will forfeit any monies received for the rental, unless the property can be re-rented for the cancelled period under equivalent terms and conditions as included herein, the Owner, through Manager, will refund all monies received, with an exception of the $100 cancellation fee, which will be retained by Manager.
6. UTILITIES: Gas and electric are included up to $100 per month for summer tenants renting on a monthly basis and are included in full for all weekly rentals. Winter, spring, and fall guests renting on a monthly basis must pay all utilities, which shall be due upon presentation of the bill.
7. PHONES: Phones are provided for your convenience. Owner pays for basic service and all local non-toll calls are free. In all units, long distance calling is restricted; in which case completing a long distance call requires using a telephone calling card or major credit card. Any additional phone charges are payable upon demand.
8. INTERNET: Renter understands that if they are renting a home with High Speed Internet, Renter is responsible for the configuration of their computer to connect to the Internet. If Renter cannot connect to the Internet due to an error within the modem or line, Manager will make every reasonable effort to repair the line. If the line cannot be repaired during the Renter's stay, no refunds or rent reductions will be made.
9. FIREWOOD: Rental units with fireplaces do not come with firewood. Guest is responsible for providing firewood themselves. Guest is also responsible for cleaning out all ashes from fireplace at departure. Failure to clean out fireplace at departure will result in a minimum charge of $25.
10. NO PETS/NO SMOKING: No pets and no smoking are allowed in furnished rental units. Having a pet or smoking on the premises is a material breach of this agreement and your deposit shall be forfeited or your credit will be charged the fine. The minimum fine is $500 plus any fees to clean, disinfect and bomb the property, and you must immediately vacate and pay any damages upon demand.
11. LOCKOUT POLICY - In the event a Guest(s) is locked out of a property, the Guest(s) can contact the Manager. A charge of $25 is payable for obtaining the code after business hours (If there is an agent in the office after hours there is no charge). If an agent is not available for late hour calls after 11 PM, a locksmith may be required. The Guest(s) will be responsible for the setup and cost of this procedure.
12. RULES AND REGULATIONS: The property being rented is either a condo in a residential development or a house in a residential neighborhood. There may be people living nearby who are year-round residents. Excessive noise, rowdy behavior, loud music or other nuisances will not be tolerated. If subject property is a condominium, tenant agrees to abide by any and all Rules & Regulations including, but not limited to, rules with respect to noise, odors, disposal of refuse, parking, and use of common areas. Required registration forms may be provided for you explaining the rules. Violation of any rules and regulations will be deemed a material breach of this rental agreement, and your deposits shall be forfeited and you must immediately vacate and pay any damages upon demand. Tenant also agrees to pay any fines assessed, which are a result of their violation of City/County ordinances pertaining to noise, vandalism and overcrowding, and to vacate the property immediately upon being cited.
13. REMOVAL OF ITEMS: DO NOT REMOVE ANY ITEMS FROM THE PROPERTY YOU ARE RENTING. FAILURE TO COMPLY WITH THIS RULE WILL RESULT IN EXTRA CHARGES TO REPLACE THE MISSING ITEMS PLUS SHIPPING AND HANDLING.
14. ASSIGNMENT & SUBLETTING: Tenant shall not assign this agreement or sublet any portion of the premises or allow guests to occupy the unit overnight without prior permission from Manager’s office or your deposits shall be forfeited.
15. REPAIRS/ SERVICE CALLS/ REFUNDS: Manager cannot guarantee against mechanical failure of any appliances. Please report any inoperative equipment to our office immediately. Manager will make every reasonable effort to have repairs done quickly and efficiently. Should a repairperson make a call to a unit and find that the equipment is in working order and the problem was due to the Guest(s) oversight or neglect, the charge for service will be the Guest(s) responsibility. No refunds or rent reductions will be made due to failure of appliances or equipment. Barbeque grills are not available in all rental properties. Cleaning of the barbeque is the sole responsibility of the guest prior to and after each use. Manager is not responsible for the cleanliness or operation of barbeque grills. Manager does not supply propane, charcoal, lighter fluid or matches. Use of the barbeque is at the sole discretion of the guests. Please be careful if using the barbeque grill. Fire and/or smoke damage will be the responsibility of the guest.
16. UNCONTROLLABLE CIRCUMSTANCES: Neither Owner nor Manager shall be liable for events beyond their control which may interfere with Guest(s) occupancy, including but not limited to acts of God, acts of governmental agencies, acts of homeowner’s association, fire, strikes, war, inclement weather, construction noise and natural fauna inside or out of property. No rebate or refund will be offered in these circumstances.
17. ENTRY & INSPECTION: Owner or Manager shall have the right to enter the premises: (a) in case of emergency, (b) to make necessary repairs, (c) to verify that the terms of this agreement are being met, (d) to exhibit the premises to prospective or actual purchasers, mortgagees, tenant, workmen, or contractors; or (e) when Guest has abandoned or surrendered the premises.
18. HOLDING OVER: Because of the nature of short-term vacation rentals, guest agrees that any unauthorized “holding over” of the property past the stated rental period could severely jeopardize Manager/Owner and cause loss of rental income from other previously booked tenants, temporary and/or permanent loss of business, goodwill and reputation; and could force Manager/Owner to breach an agreement with similar short-termvacation tenant(s) who may have reservations during guest’s unauthorized “holding over” period. In this event Owner/Manager may be legally liable for damages to other tenant(s). Guest should be aware that unauthorized “holding over” has been construed as a factor in establishing “malicious continuing occupation” of rental property that may entitle Owner/Manager to treble damages in any unlawful detainer action. Guest also recognizes that unauthorized “holding over” could be grounds in court as a cause of action for intentionally interfering with Owner/Manager’s prospective business position and guest agrees to fully indemnify Owner/Manager for any and all losses sustained as a result of any such “holding over” including attorney’s fees and expenses.
19. INDEMNIFICATION: Guest agrees to hold Owner and Manager harmless from any and all claims for damages or injuries occurring on the premises or any part thereof, or in common areas thereof, and to indemnify Owner/Manager for any and all losses sustained as a result of any such claims, including attorney’s fees and expenses, unless such damage is the result of actual negligence or unlawful act of Owner or Manager. Manager shall not be liable for negligence or unlawful act of Owner.
20. PHYSICAL POSSESSION: If Owner and Manager are unable to deliver possession of the premises at the start thereof, Owner/Manager shall not be liable for any damage caused thereby, nor shall this agreement be void or voidable by guest, but guest shall not be liable for any rent until possession is delivered. Manager will make every reasonable attempt to find comparable accommodations if Manager is unable to deliver possession. Guest may terminate this agreement if possession is not delivered within one day of the start of the term hereof.
21. ARBITRATION/VENUE/LAW: Any dispute or claim in law or equity arising out of this contract or any resulting transaction shall be brought in San Diego, California, and shall be determined pursuant to the law of the State of California and shall be determined by binding arbitration under the rules of the American Arbitration Association, and not by court action except as provided by California law for judicial review of arbitration proceedings. Judgment upon the award made by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties shall have the right to discovery under Code of Civil Procedure 1283.05. The following matters are excluded from arbitration hereunder: (a) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or unreal property sales contract as defined in Civil Code 2985, (b) an unlawful detainer action, (c) the filing or enforcement of a mechanic’s lien, (d) any matter which is within the jurisdiction of a probate court, or (e) an action for order of attachment, receivership, injunction, or other provisional remedies. None of the foregoing shall constitute a waiver of the right to arbitrate under this provision.
22. ATTORNEY’S FEES: In any proceeding brought by either party to enforce the terms hereof or relating to the demised premises, the prevailing party shall be entitled to all attorney’s fees and other legal expenses.
23. WAIVER: No failure of Owner or Manager to enforce any term or condition hereof shall be deemed a waiver of such term or condition or any other term or condition of this agreement. The acceptance of rent by Owner or Manager shall not waive the right of Owner or Manager to enforce any term hereof.
• ARRIVAL & DEPARTURE: CHECK-IN IS 4:00PM; CHECKOUT IS BY 10:00 AM. No exceptions to this policy will be made. Manager will use its commercially reasonable efforts to have the Premises ready for Guest occupancy at check-in time, but Manager cannot guarantee the exact time of occupancy. LATE CHECKOUTS, WITHOUT PRIOR OFFICE APPROVAL, WILL RESULT IN AN ADDITIONAL CHARGE OF $100.
• FURNISHINGS: Each property is furnished as a second home and ready for occupancy. Included are dishes, silverware, pots and pans, linens, towels, appliances, etc., and in most cases a private washer and dryer. Since each Property is individually owned, furnishings and décor will vary.
• NO AIR CONDITIONING: PROPERTIES ARE NOT AIR CONDITIONED.
• AMENITIES: Some of the properties may be located in prime lakefront developments. Common facilities include pools, spas, saunas, and tennis courts. When an identification tag is provided, please have tag with you when using the recreational facilities.
• RESERVATIONS: Please direct all requests and inquiries to: The Rental Department, there is an after-hours voice mail.
• OFFICE HOURS: Monday through Saturday 9:00 AM to 5:00 PM; Sunday 10:00 AM to 5:00 PM. We close for major holidays.
Guest Signature Date
*Drivers License (State and Number) Expiration
(*Please include a photo copy of your drivers license.)