Terms and ConditionsOccupant rents, for vacation purposes only, the furnished real property and improvements at selected property. If the Premises are used, in any way, by more or different persons (i) Occupant, Authorized Guests and all others may be required to immediately leave the Premises or be
removed from the Premises; (ii) Occupant is in breach of this Agreement; and (iii) Occupant forfeits its right to return of any security deposit. Reservation fees are for services rendered in entering into this Agreement and are NONREFUNDABLE.
BALANCE DUE; LATE CHARGE: If any amount due is not received by the applicable Payment Due Date, Owner may, at Owner’s or Owner’s Representative’s sole discretion, either terminate this Agreement and refund to Occupant all payments except the reservation fee, or impose a late charge of $100.
SECURITY DEPOSIT: The security deposit will be held in Owner’s Representative’s trust account. Refundable security deposits less any deductions will be returned within 21 days of departure date- REFUNDS MADE TO THE CREDIT CARD USED TO BOOK RESERVATION. Deductions will be taken for any damage beyond normal wear and tear, broken items, lost keys, if unit is left excessively dirty, etc. Any damages or loss beyond the amount of the security deposit will be covered by Property Damage Protection Insurance. If there are any damages beyond what this insurance covers it will be charged to the tenant. No interest will be paid on the security deposit.
ELECTRONIC PAYMENT FEES: there may be fees for electronic payment processing (including e-check, credit cards, etc.) ranging from 2-4% including the security deposit refund.
If the security deposit is held by Owner, Occupant agrees not to hold Owner’s Representative responsible for its return. If the security deposit is held by Owner’s Representative and the security deposit is released to someone other than Occupant, then Owner’s Representative’s only duty shall be to notify Occupant, in writing, where and to whom the security deposit has been released.
OTHER CHARGES: Tenant is responsible for all on demand & / or movie rental charges during stay.
KEYS & GARAGE DOOR OPENERS: A $25-$150 per item will be charged for each Key, Pool Tag or Garage Door Opener that is lost or damaged.
DAMAGE INSURANCE: Vacation Rental Damage Protection: As a part of your stay, you may be required to purchase a Vacation Rental Damage Protection plan designed to cover unintentional damages to the rental unit interior that occur during your stay provided. Depending on the policy, it will pay a maximum benefit of $3,000-$5,000. Any damages that exceed that or are not covered under the plan will be charged to the credit card on file or taken from the security deposit, if applicable. If, during your stay at one of our rental properties, an insured person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of $3,000-5,000 depending on your policy. Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy www.vacationrentalinsurance.com/g20vrd . The Vacation Rental Damage plan can be purchased up to, and including at, check-in. By submitting payment for this plan, you authorize Avanti Assets, Inc to submit claims on your behalf , you authorize and request CSA Travel Protection and Insurance Services to pay directly Avanti Assets, Inc any amount payable under the terms and conditions of the Vacation Rental Damage. Please contact Avanti Assets, Inc directly if you do not wish to participate in this assignment. If you do not wish to purchase the Vacation Rental Damage Protection, a $5,000 damage deposit will be required upon check-in. Most AIRBNB bookings include this coverage as part of the cleaning fee.
CANCELLATION; REFUND: Full Refund if canceled 60 days or more before arrival date (Minus Credit Card Fees). 50% Refund Granted if given 45 days notice prior to arrival date (Minus Credit Card Fees). If Occupant cancels or otherwise terminates this Agreement prior to the latest Payment Due Date, all payments except the reservation fee will be refunded to Occupant. If Occupant cancels or otherwise terminates this Agreement after the latest Payment Due Date, Occupant shall be responsible for rent, commission to Owner’s Representative and all marketing and preparation costs necessary to ready the Premises for re-rental. We understand things do happen, if you give cancellation notice after 45 days prior to your stay we will try to re-book this property. Once and if re-booked, we are happy to refund you full amount -$150 Re-Booking fee.
HOLDING OVER: Occupant agrees there shall be no holding over or late departure without prior approval. Any unauthorized holding over by Occupant shall be subject to a charge of 1 and 1/2 times the daily prorated rent (“Holdover Rate”), plus any additional damages incurred including, but not limited to, the cost of alternative housing for guests displaced by Occupant’s holding over. Late check-outs will be charged 50% of the Holdover Rate unless previously agreed upon late checkout rate.
NO PETS: Pets are not allowed unless approved. If an unauthorized pet is on the Premises, (i) Occupant is responsible for all damage caused by the pet, (ii) Occupant, Authorized Guests, pet(s) and all others may be required to immediately leave the Premises, or be removed from it, (iii) Occupant is in breach of this Agreement, and (iv) Occupant forfeits its right to return of any security deposit.
NO SMOKING: No smoking is allowed on the Premises. If smoking does occur on the Premises, (i) Occupant is responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors and removal of debris; (ii) Occupant, Authorized Guests, and all others may be required to immediately leave the Premises, or be removed from the Premises; (iii) Occupant is in breach of this Agreement; and (iv) Occupant forfeits its right to return of any security deposit.
NSF CHECKS: If a check is returned NSF, Occupant shall pay $25.00 as an NSF fee. Occupant agrees that this charge represents a fair and reasonable estimate of the costs Owner may incur by reason of Occupant’s NSF payment. An NSF check will result in cancellation of this Agreement if the required payment is not made by the applicable Payment Due Date.
CONDITION OF PREMISES: Occupant has not viewed the Premises prior to entering into this Agreement. Occupant
shall, on arrival, examine the Premises, all furniture, furnishings, appliances, fixtures and landscaping, if any, and shall immediately report, in writing, if any are not in operating condition or are in disrepair. Reporting repairs does not give Occupant the right to cancel this Agreement or receive a refund of any payments made.
RULES; REGULATIONS; NO COMMERCIAL USE: Occupant agrees to comply with any and all rules and regulations that are at any time posted on the Premises or delivered to Occupant. Occupant shall not, and shall ensure that guests and licensees of Occupant shall not: (i) disturb, annoy, endanger, or interfere with other occupants of the building in which Premises is located or its neighbors; (ii) use the Premises for any commercial or unlawful purpose including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband; (iii) violate any law or ordinance; or (iv) commit waste or nuisance on or about the Premises.
CONDOMINIUM; PLANNED UNIT DEVELOPMENT: The Premises may be a unit in a condominium, planned unit
development or other development governed by a homeowners’ association (“HOA”).
Occupant agrees to comply with all covenants, conditions and restrictions, bylaws, rules, regulations and decisions of the HOA. Owner shall provide Occupant copies of rules and regulations of the HOA, if any. Occupant shall reimburse Owner for any fines or charges imposed by the HOA or other authorities, due to any violation by Occupant or the guests or licensees of Occupant.
MAINTENANCE: Occupant shall properly use, operate and safeguard the Premises including, if applicable, any landscaping, furniture, furnishings, appliances and all mechanical, electrical, gas and plumbing fixtures, and keep them clean and sanitary. Occupant shall immediately notify Owner or Owner’s Representative of any problem, malfunction or damage. Occupant shall pay for all repairs or replacements caused by Occupant, guests and licensees of Occupant, excluding ordinary wear and tear. Occupant shall pay for all damage to the Premises as a result of failure to report a problem, malfunction or damage in a timely manner. Occupant shall pay for repair of drain blockages or stoppages, unless caused by defective plumbing parts or tree roots invading sewer lines.
USER ERROR: If a vendor is sent out to correct a problem at the property which is due to user error, the tenant is responsible for the associated cost. This cost will be deducted from the security deposit.
ALTERATIONS: Occupant shall not make any alterations in or about the Premises including, but not limited to, moving furniture, painting, wallpapering, adding or changing locks, installing antenna or satellite dish(es), placing signs, displays or exhibits, or using screws, fastening devices, large nails or adhesive materials.
A. Owner and Owner’s representatives and agents have the right to enter the Premises, at any time, (i) for the purpose of making necessary or agreed repairs, decorations, alterations, improvements, for maintenance or to supply necessary or agreed services; (ii) to verify that Occupant has complied with the terms of this Agreement; or (iii) in case of emergency.
B. Owner and Owner’s representatives and agents have the right to enter the Premises, upon reasonable notice, to show the Premises to prospective or actual purchasers, occupants, mortgagees, lenders, appraisers or contractors.
NO ASSIGNMENT OR SUBLETTING: Occupant shall not assign any interest in this Agreement or sublet any part of the Premises. If this Agreement is assigned or the Premises or any part thereof is sublet, (i) Occupant, Authorized Guests, assignee(s), sublessee(s) and all others may be required to immediately leave the Premises, or be removed from it; (ii) Occupant is in breach of this Agreement; and (iii) Occupant forfeits its right to return of any security deposit.
UNAVAILABILITY: If for any reason the Premises is unavailable, Owner or Owner’s Representative may substitute a comparable unit or cancel this Agreement and refund in full to Occupant all payments made.
OCCUPANT’S OBLIGATIONS UPON TERMINATION OF OCCUPANCY: Upon termination of occupancy, Occupant shall: (i) give Owner all copies of all keys or opening devices to the Premises, including any common areas; (ii)vacate the Premises and surrender it to Owner empty of all persons; (iii) vacate any/all parking and/or storage space; and (iv) deliver the Premises to Owner in the same condition less ordinary wear and tear as received upon arrival.
CHECK OUT / CLEANING PROCEDURES: The cleaning fee is for a standard cleaning only. If the home was left in poor condition and additional cleaning is required, fees will be deducted from the security deposit at the rate up to $75 per hour. Prior to check out, tenants should leave all dirty towels on the bathroom floors, put all trash in outdoor bins or complex dumpsters, return all furniture to their original places if moved, & all dishwasher safe dishes should be put in the dishwasher and start the clean cycle before leaving.
PERSONAL PROPERTY AND INJURY:
A. Owner Insurance: Occupant’s or guests’ personal property, including vehicles, are not insured by Owner or, if applicable, HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner does not insure against personal injury to Occupant, guests or licensees due to any reason other than the condition of the Premises.
B. Occupant Insurance: Owner recommends that Occupant carry or obtain insurance to protect Occupant, guests and licensees and their personal property from any loss or damage.
C. Indemnity and Hold Harmless: Occupant agrees to indemnify, defend and hold harmless Owner and Owner’s Representative from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage or injury to Occupant, Occupant’s guests or licensees or their personal property.
MEDIATION: Occupant agrees to mediate any dispute or claim arising 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.
MEGAN’S LAW DATABASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Owner nor Brokers, if any, are required to check this website. If Occupant wants further information, Occupant should obtain information directly from this website.)
JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Occupant, each one shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually with every other Occupant.
POOLS and HOT TUBS:
1. Swimming pools, hot tubs, and spas, while providing exercise, recreation, and relaxation, also can be dangerous.
People (as well as pets) can be severely injured or drown if the pool, hot tub or spa is not properly used. Tenants are
strongly cautioned that they, other occupants and tenant’s guest must adhere to the following safe practices:
•No diving into the pool or hot tub or spa
•No intoxicated persons may use the pool or hot tub or spa
•No one should use the pool or hot tub or spa alone
•Children may never be left unattended when they may gain access to the pool, hot tub or spa, not even for a few
Neither the landlord nor the landlord’s agents can assure the safety of persons using property containing a pool, hot tub or spa. As a consequence, tenants assume liability for pool, hot tub or spa use by themselves, other occupants, their guests, and their pets.
2. If the rental is part of a rental complex, the following also apply:
•The pool, hot tub or spa may only be used during posted hours.
•Adult supervision is required for anyone under the age of 14.
•All drinks must be served in unbreakable containers.
•No alcoholic drinks are allowed in the pool area, hot tub or spa.
•No excessive noise – please be considerate of your neighbors.
•Users must shower prior to using the pool, hot tub or spa.
• Use the pool safety equipment only in case of emergency.
•HOA or House Rules, if applicable, will supplement or supersede these rules.
3.NO LIFEGUARD WILL BE ON DUTY - YOU SWIM AT YOUR OWN RISK
4.Tenant agrees to release, indemnify, hold harmless and forever discharge Landlord and Landlord’s employees, agents, successors and assigns from any and all claims, liabilities or causes of action of any kind that Tenant, members of Tenant’s household or Tenant’s guests or invitees may have at any time against Landlord or Landlord’s agents resulting from Tenant’s use of the pool, hot tub or spa.
Tenant acknowledges and agrees that (i) mold can grow if the Premises is not properly maintained; (ii) moisture may
accumulate inside the Premises if it is not regularly aired out, especially in coastal communities; (iii) if moisture is allowed to accumulate, it can lead to the growth of mold; and (iv) mold may grow even in a small amount of moisture. Tenant further acknowledges and agrees that Tenant has a responsibility to maintain the Premises in order to inhibit mold growth and that Tenant’s agreement to do so is part of Tenant’s material consideration in Landlord’s agreement to rent the Premises to Tenant. Accordingly, Tenant agrees to:
1. Maintain the Premises free of dirt, debris and moisture that can harbor mold;
2. Clean any mildew or mold that appears with an appropriate cleaner designed to kill mold;
3. Clean and dry any visible moisture on windows, walls and other surfaces, including personal property as quickly as
4. Use reasonable care to close all windows and other openings in the Premises to prevent water from entering the
5. Use exhaust fans, if any, in the bathroom(s) and kitchen while using those facilities and notify Landlord of any
inoperative exhaust fans;
6. Immediately notify Landlord of any water intrusion, including but not limited to, roof or plumbing leaks, drips or
7. Immediately notify Landlord of overflows from bathroom, kitchen or laundry facilities;
8. Immediately notify Landlord of any significant mold growth on surfaces in the Premises;
9. Allow Landlord, with appropriate notice, to enter the Premises to make inspections regarding mold and ventilation;
10. Release, indemnify, hold harmless and forever discharge Landlord and Landlord’s employees, agents, successors
and assigns from any and all claims, liabilities or causes of action of any kind that Tenant, members of Tenant’s
household or Tenant’s guests or invitees may have at any time against Landlord or Landlord’s agents resulting from
the presence of mold due to Tenant’s failure to comply with this Lease/Rental Mold and Ventilation Addendum.