The following are terms and conditions between Guests and the Host. This Agreement applies to all members of the Guest's party no matter the age or affiliation. Guest acknowledges that Guest is responsible for sharing the Agreement, and its requirements, with all members of Guest's party and anyone else permitted onto the Rental Property by the Guest.
In consideration of the rent received and the mutual promises contained herein, Manager of the Rental Property does hereby allow the Guest(s) to temporarily occupy such Rental Property under the following terms and conditions:
Term. Guest's arrival date is _______________and check-in time is 11:00 AM PST and Guest's departure date ______________and check-out time is 4:00 PM PST. The Rental Property will not be ready for occupancy before 4:00 PM PST on Guest’s arrival date. Because other guests may be arriving on Guest’s departure date, Guest must vacate by 11:00 AM PST to provide adequate time for cleaning before the next guests arrive. IF GUEST CONTINUES TO OCCUPY THE RENTAL PROPERTY AFTER THE SCHEDULED DEPARTURE TIME, LANDLORD MAY SUFFER DAMAGES SUCH AS INCREASED CLEANING COST AND LOST RENT FROM THE NEXT SCHEDULED GUEST (BOTH CURRENTLY AND IN LOST FUTURE RENTALS). LANDLORD’S DAMAGES FOR LOST FUTURE RENTAL INCOME MAY NOT BE SUSCEPTIBLE TO READY CALCULATION. HOWEVER, LANDLORD AND GUEST AGREE THAT $300.00 PER HOUR OF HOLDOVER RENT IS A REASONABLE ESTIMATE OF ACTUAL DAMAGES THAT LANDLORD MAY SUFFER FOR LOST OF FUTURE RENTAL INCOME. IF GUEST FAILS TO VACATE HOUSE IN A TIMELY MANNER, THEY MUST PAY $300.00 PER EACH HOUR (OR PORTION OF AN HOUR) THAT THEY FAIL TO VACATE THE PROPERTY.
General Guest Duties. Guest agrees to abide by all rules and regulations contained herein, or posted on the premises, related to the Rental Property. Guests obligations include, but are not limited to, keeping the premises as clean and safe as the conditions of the premises permit, and causing no unsafe or unsanitary conditions in the Rental Property (or the common area of the community) that Guest uses. Guests agree to not use the premises for any commercial activities, or purpose that violates any criminal law or governmental regulation. Guest's breach of any duty contained in this paragraph shall be considered material and shall result in the termination of guest occupancy, with no refund of rent and no return of the security deposit.
Use & Capacity. The Rental Property is for single family residential use only and in no event shall the Rental Property be occupied by more persons than the capacity of the property as stated on the public listing description of the Rental Property, without prior approval by Owner. No fraternities, sororities, school, civic, or other non-family groups are allowed unless Owner grants prior approval. In no event shall Guests assign or sublet the Rental Property in whole or in part. Violations of these rules are grounds for expedited eviction with no refund of rent and no return of the security deposit. Guests hereby acknowledge and grant specific permission to Owner to enter premises at any time for inspection purposes should Owner reasonably believe that Guests are causing or have caused any damage to Rental Property. Guest further agrees to grant Owner access to Rental Property for purposes of maintenance and repair.
Transient Occupancy. Guest is renting the home as a transient lodger. Manager retains full legal, possessory and access rights to the home.
Cancellation Policy. In the event Guest wishes to terminate this agreement, Travel Insurance and Damage Protection fees are non-refundable. The refund policy is as follows:
Guest receives 96% of monies paid back if cancellation occurs more than thirty (30) days before guest's arrival date.
Guest receives 50% of monies paid back if cancellation occurs more than fourteen (14) days before guest's arrival date.
No refunds within fourteen (14) days of arrival.
If Guest booked on Airbnb, VRBO, or Booking.com ("OTA") the OTA Cancellation Policy shall apply.
Payment Method. A payment is taken by Manager at the time of the booking (unless the Guest made this reservation through Airbnb or Booking.com, in which case Guest acknowledges payments are made by Guest directly to Airbnb or Booking.com and Airbnb or Booking.com releases the payment to Manager after the day of Guest's arrival). Any remaining balance must be paid within thirty (30) days prior to the arrival date, or this Agreement may be cancelled by the sole option of the Manager. An automatic credit card payment for the remaining balance will be scheduled by the Manager to be made thirty (30) days prior to the arrival date. The credit card used in the first payment will be automatically charged for the second payment, if a credit card was provided. If the automatic payment fails for any reason, it is the responsibility of the Guest to make sure that the remaining balance is promptly paid in full, or the reservation will be canceled with no refund of payments made. All policies contained in this Agreement shall apply equally to payments made by credit card, check or cash and whether made via website, by phone or in person. Any refunds due to Guests from a credit card payment will be refunded by credit card transaction; all other refunds will be made within thirty (30) days by check.
Cleaning Fee. The cleaning fee shall not be refunded after Guest's stay. The cleaning fee is applied for the normal cleaning of the property. Additional cleaning fees may apply if the property requires heavy cleaning after Guest's departure.
Security Deposit Hold. A security deposit is required ("Security Deposit Hold") and will be automatically reserved for the booking. The automatic reserve is conducted by putting a hold on the Guest's credit card for the amount specified in the public listing description two (2) day(s) prior to Guest's arrival date. The credit card of the last successful payment will be used for the Security Deposit Hold. If guest does not submit the Security Deposit Hold and/or there are no successful credit card payments, Guest shall not be permitted to enter the Rental Property. If, at the end of the rental period, the rental property is returned undamaged beyond normal wear and tear and the guest did not breach any terms of this Agreement, the Security Deposit Hold will be released in full within seven (7) days of Guest's departure date. In the event of any damages, Manager will notify guest in writing of damages and the amount deducted from the Security Deposit Hold. Should the damages exceed the amount of the Security Deposit Hold, Guest agrees to pay the balance within five (5) business days after receiving notification from Manager. Deductions from Security Deposit Hold may include, but are not limited to: excess cleaning fee, trash removal fee, missing item replacement costs, damaged item replacement or repair costs, repair costs of buildings or grounds, or other service call fees. Manager is under no obligation to use the least expensive means of restoration.
Failure to pay all amounts due. Manager will have no obligation to give possession of the Rental Property to Guest if Guest has failed to pay all amounts due (including rent, cleaning fee, security deposit hold and any other amounts due) in a timely manner as outlined above.
Pets. Guests must obtain permission from the Manager to have pets on the Rental Property. If permission is not given by the Manager, any pet(s) found in or about the Rental Property will be grounds for expedited eviction and forfeiture of all rent and the security deposit.
Children. Guests must inform the Manager of their intention to bring children and the specific number. A child is defined as any person under the age of 18.
Fraud or Drugs. In the event Manager discovers Guest has used a stolen credit card number for their booking, or has or uses drugs in the Rental Property, the local police will be called, guests will be immediately removed from the property.
No Parties. In the event Manager discovers Guest has thrown a party at the Rental Property, Manager shall at Manager's discretion retain all of Guest's security deposit, and Guest agrees that Guest shall be subject to immediate removal from the Rental Property.
No Refund Items. No refunds will be provided due to inoperable appliances, pools, hot tubs, elevators, internet, wifi, etc. The Manager will make every reasonable effort to assure that such appliances will be and remain in good working order. No refunds will be given due to power blackouts, water shortage, flooding, construction at adjacent properties, or mandatory evacuations of the area by county officials due to potentially dangerous situations arising from acts of god or nature.
No Roof Access. With the exception of a rental property that has a rooftop patio, no Guest shall stand, sit, sleep, climb, lie, walk or run on the property roof.
Items Left Behind By Guest. Manager does not insure Guest's personal property and will not be liable for any damage or injury to Guests, or to any of Guests' property. Manager is not responsible for personal property of Guest that is left behind. Guest is responsible for all shipping costs for any lost and found items that Manager is requested to return to Guest in addition to a $25.00 return fee. Items found and not claimed within fourteen (14) days of Guest departure date will be disposed of at the discretion of Manager.
Pools & Hot Tubs. Misuse of a hot tub or pool by the spilling of foreign substances into the pool, i.e. soap, shampoo, oils, glass or metal will result in a service call charge at the sole discretion of Manager, charged to Guest. Under no circumstances are pets allowed in pools or hot tubs. Violation of this provision shall be grounds for expedited eviction and forfeiture of all monies paid.
Non-Smoking/Vaping Property. This Rental Property is a non-smoking and a non-vaping property. Any violation of this rule and/or smoking or vaping discovered in the Rental Property shall be grounds for immediate eviction of Guest with all monies forfeited by Guest and the Security Deposit held by Owner in full.
Substitution & Indemnity. In the event Manager is unable to make Rental Property available for any reason other than described above or a reasonable substitute as determined by Manager, Guest agrees that Manager's sole liability as a result of this unavailability is to provide a full refund of all monies paid under this Agreement and Guest expressly acknowledges that in no event shall Manger be held liable for any special or consequential damages which result from this unavailability. Guest also agrees to indemnify Manager from and against liability for injury or death to Guest or any other person occupying Rental Property resulting from any cause whatsoever including, but not limited to, injury sustained as a result of use of a spa, hot tub, sauna, whirlpool tub, pool, exercise equipment, elevator, etc. except only such a personal injury caused by the gross negligence or intentional acts of the Manager. The Rental Property may offer access to recreational and water activities, including but not limited to boogie boards, surfboards, bicycles, and swimming. Guest fully understands and acknowledges that outdoor recreational and water activities have inherent risks, dangers and hazards. Participation in such activities and/or use of equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability. Guest agrees to fully indemnify and hold harmless the Manager and any and all agents, employees, or contractors for any injury or damage caused by these activities, whether caused by the negligence of the Manager, the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes foreseeable or unforeseeable. Guest hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the Manager or by any other person. Guest hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Manager and any and all agents, employees, or contractors from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of Rental Property facilities, equipment, or activities. Guest further assumes full responsibility for the actions of any and all persons whom he may allow to enter the property during the rental period and indemnifies Manager from any and all claims arising from such other persons. All indemnifications and release of liability herein by Guest to Manager shall also apply by Guest to the property owner.
Termination By Manager. Manager may terminate this Agreement upon the breach of any of the terms hereof by Guest. In the event Manager terminates this Agreement due to Guest breaching this Agreement, Guest shall not be entitled to the return of any rental monies paid under the terms of this Agreement and shall vacate the Property immediately.
Jurisdiction. Agreement shall be enforced under the laws of the state within which the Rental Property is located, including any applicable rental acts of that state, and represents the entire Agreement. Any amendments must be in writing and signed by both parties. In the event of a dispute, legal action may only be instituted in the county within which the Rental Property is located. If any part of this Agreement shall be deemed unenforceable by law, that part shall be omitted from this Agreement without affecting the remaining Agreement.
No Chargebacks. Guest will not, under any circumstances, issue or threaten to issue any chargebacks to Manager or to the Guest's credit card and/or form of payment (ie, Stripe, PayPal) for any reason whatsoever related to the rental. In the event of a chargeback, the Manager reserves its right to report Guest's chargeback to the credit bureaus as a delinquent account.
Electronic Signature. Guest and Manager accept that an electronically signed rental agreement will be legally binding on Guest.
|Haustay Vacation Rentals
3516 Seagate Way, Unit 150
Oceanside, CA 92056