Terms & Conditions
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<p>
PLEASE READ THOROUGHLY – ONLINE RESERVATIONS ARE NOT VALID UNTIL AFTER
APPROVAL OF BY MANAGEMENT. SATURDAY – SATURDAY STAYS MAY BE REQUIRED IN
SUMMER PEAK SEASON.
</p>
<p>
UPON CHARGE OF A VALID CREDIT CARD TENANT AGREES TO ANY AND ALL TERMS AND
CONDITIONS LISTED HERE.
</p>
<p>
<strong><u>Excessive noise, house parties, or violation of any of the terms of
this agreement will be grounds for imposition of a minimum $500.00
fine and/or immediate termination of occupancy and/or forfeiture of
the Security Deposit.</u></strong>
</p>
<p>
Tenant/Guest agrees to closely read and abide by the Terms of the
Agreement and assumes the responsibility to ensure their guests and any
visitors abide as well. As consideration for the booking and use of
Vacation Rental Property during the lease term, Tenant agrees to pay
Manager for all items specified.
</p>
<p>
<strong>1.</strong> <strong>RESPONSIBLE PARTY</strong>: Manager and
Tenant agree as follows: Tenant is an adult at least 25 years of age
(Valid government I.D. must be presented upon request) and will be an
occupant of Vacation Rental Property during the entire reserved period,
unless other arrangements are approved in writing by Manager. Tenant
assumes responsibility for all actions of other occupants and guests. No
keys or entry code will be issued to anyone who is not an adult 25 years
of age. Persons not falling within the foregoing categories will be
required to vacate the Vacation Rental property immediately without any
refund. Any reservation obtained under false pretense will be subject to
forfeiture of advance payment, deposit and/or rental money, and the party
will not be permitted to check-in. Tenant agrees to comply with all posted
condominium or homeowner rules and regulations applicable to use of the
Unit and the common areas.
</p>
<p>
<strong>2. RENT DEPOSIT:</strong> The rent deposit is due within 10
days of receipt of confirmation of reservation. Regardless of date of
confirmation, the Rent Deposit must be received by Manager no later than
15 days prior to the Check-in Date. If the rent deposit is not
received within the dates specified, it may result in the cancellation of
your reservation.
</p>
<p>
<strong>3.</strong> <strong>SECURITY DEPOSIT</strong>: A $350 to
$1,000 security deposit will be held in the form of an authorization
charged to tenant’s credit card. The security deposit is due WITHIN 10
DAYS of receipt of confirmation of reservation. Regardless of date of
confirmation, the Security Deposit must be received by Manager no later
than 15 days prior to the Check-in Date. FAILURE TO RECEIVE THE SECURITY
DEPOSIT WITHIN THE DATES SPECIFIED MAY RESULT IN CANCELLATION OF YOUR
RESERVATION. Your security deposit is fully refundable within 14 business
days of termination of occupancy, provided that real and personal property
remain on the premises and are in the same condition as when occupancy
commenced (other than normal wear and tear) and all other terms of this
agreement are met. Tenant agrees to reimburse Manager for any damages,
missing items and/or fines incurred. Manager requires a valid credit card
to be kept on file to be used in the event the security deposit is
inadequate to cover damages to unit, property therein or extra cleaning
necessary.
</p>
<p>
Tenant agrees to purchase the Vacation Rental Damage Protection Plan with
$1,500 in coverage for $69 – $199 depending on the property. This
Protection plan covers unintentional damages that occur during your stay
provided they are disclosed to management prior to check-out. The plan
will pay for damages up to a maximum benefit of $1,500.00 over the
allotted Security Deposit. Any damages that exceed $1,500.00 will be
charged to Tenant. 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, and the total cost of
damage is not covered by the Vacation Rental Damage Protection Plan, the
Insurer will reimburse the Insured for the cost of repair or replacement
of such property up to a maximum benefit of $1,500.00. Certain terms and
conditions apply. Full details of the VRDPP coverage are contained under
Travel Insurance. Please contact Manager directly if you do not wish to
participate in this plan or assignment.
</p>
<p>
If damage is deemed by Manager to be intentional or caused by negligence,
reimbursement will not be covered by the VRDPP and will be deducted
from the Tenant’s credit card. Should manager be unable to recover costs
from the credit card on file, Tenant is responsible to provide an
alternative method of reimbursement within 48 hours of notification. VRDPP
does not cover damage of allergy/flea remediation from pets.
</p>
<p>
<strong>4.</strong> <strong>PAYMENT</strong>: An advance payment
equal to 50% of the rental rate is required within 90 days of check-in
date and will be applied toward the vacation rental rent. Please make
payments in the form of credit card, traveler’s checks, bank money orders,
cashier’s checks or personal checks. The BALANCE OF RENT is due sixty (60)
days prior to the check-in date. Reservations made less than 30 days prior
to the check-in date will require full payment via credit card, cashier’s
check, wire transfer, certified check or money order. If paying by check
and check is returned for NSF, there is a $50 service charge per
occurrence. Keys or entry code will not be issued and the reservation
shall not be secure until Manager is in possession of, and approved a
signed rental agreement and the final payment has posted to Manager’s
Client Trust Account. Should Tenant fail to make Final Payment in full by
the due date, Manager may in its sole discretion deem the reservation null
and void, or charge the Final Payment to Tenants credit card. Rates are
subject to change prior to receipt of signed agreement and Deposit. If a
discrepancy arises between information or rates quoted verbally, on the
website, email or otherwise, the rate on the agreement, will prevail. In
the event incorrect information or rates are quoted due to a typographical
or other error, Manager shall have the right to refuse, cancel or limit
any reservations listed incorrectly, whether or not an order confirmation
has been sent and/or payment has been made.
</p>
<p>
<strong>5.</strong> <strong>CANCELLATION</strong>: Should Tenant wish
to cancel this agreement, notice of cancellation must be in writing, and
it is Tenants responsibility to verify receipt by Manager.
</p>
<p>
If cancellation notice is received more than ninety (90) days prior to
check-in date, Manager will refund 100% of the sums paid, less 25% of
rental and tax amount.
</p>
<p>
If cancellation notice is received less than ninety (90) days prior to
check-in date, Manager will refund 100% of the sums paid, less a 50% of
rental and tax amount.
</p>
<p>
If the notice of cancellation is received less than 60 days prior to
check-in date, Manager will not refund any of the funds paid except the
cleaning fee and tax fee. Tenant will forfeit all rent sums paid unless
Vacation Rental Property is re-rented and confirmed to another tenant at
the same rate for the same time period, which will result in a charge of
25% of the original rental amount. There are no refunds for early
departures, delayed arrivals, inclement weather, or reduction in the
number of nights reserved for any reason.
</p>
<p>
Travel insurance is highly recommended. If the subject vacation rental
property becomes unavailable or unsuitable for rent for any reason
whatsoever, including but not limited to, casualty loss, construction
delays, national viruses or emergencies, physical deteriorationor loss of
utility services, the Managers liability will be limited to the return of
all monies paid on account at the time of cancellation. In the unlikely
event Manager cancels your reservation; every attempt will be made
substitute the rental with a like-kind. All monies received will be
refunded to Tenant within 5 business days of cancellation notice. Please
review both types of trip cancellation insurance we offer. The insurance
can be purchased at the time of securing the reservation only. The carrier
offers insurance within a few days of the initial reservation date. Please
check with them and read their policies carefully.<br /><br />Please note:
Any reservation made using a credit card will subject to a 5% credit
card fee. This fee is charged to us and a cancellation does not reverse
it.
</p>
<p>
<strong>6. RESERVATION TRANSFERS: </strong>Should the “tenant” of
this agreement need to transfer the contract reservation to another
“tenant,” a new contract will be generated and a $150 transfer fee shall
be accessed.
</p>
<p>
<strong>7.</strong> <strong>CHECK IN</strong>: Check in time is 3:00
– 4:00 PM depending on the property. Early check-in is allowed only with
prior written approval. Keys or entry code will be provided once all fees
and charges have been collected. If for some reason, the home is not ready
for check-in you will be notified. Please do not attempt to check-in or
visit the home prior to notification that the home has been cleared for
check-in as it may result in further delays. Once you arrive at the
vacation rental property, please notify Manager so we may follow-up and
make sure everything is to your satisfaction.
</p>
<p>
<strong>8.</strong> <strong>CHECK OUT</strong>: Check out time is
10:00 AM. There is no holding over. PRIOR WRITTEN APPROVAL IS REQUIRED
from Manager for late check-out. A $75 hour fee will be charged for each
hour (or portion thereof) past the required check out time and Tenant will
be liable for any additional damages incurred, but not limited to the cost
of alternative housing for arriving guests.
</p>
<p>
<strong>9. CHECK OUT / CLEANING PROCEDURES:</strong> Each vacation
rental property will be inspected, sanitized and cleaned prior to your
arrival and after your departure. The cleaning fee you have paid will
provide for normal cleaning at check-out so that you can enjoy your
vacation up to the last moment. Adhering to the Check-Out Time is very
important to ensure the cleaning and maintenance crew can prepare the unit
for the next guest’s arrival. Tenant is required to leave the property in
the same general condition at Check-In meaning:
</p>
<p>a) Any debris, rubbish and discards removed from the home.</p>
<p>b) Dishes cleaned and put away.</p>
<p>
c) Strip all used beds and place linens and towels on the floor in the
laundry or in bathtub.
</p>
<p>
d) Put back any furniture or items that have been rearranged (inside and
outside home).
</p>
<p>
e) All remote controls left in the rooms with the TV’s in plain sight.
</p>
<p>
f) Refrigerator and unit should be left clean and free of perishable food.
</p>
<p>
g) Any toys, bikes, lounge chairs equipment, etc. cleaned and put back in
place.
</p>
<p>h) BBQ cleaned with brush. Gas turned off.</p>
<p>i) Turn-off lights, heater, air conditioner, fans, appliances, etc.</p>
<p>j) All doors and windows closed and locked.</p>
<p>
k) Leave keys, garage openers and parking passes (if applicable) on the
kitchen table.
</p>
<p>l) If unit has a lock-box, return keys to the lock-box.</p>
<p>
Specific and/or additional cleaning procedures may be found in the Guest
Information Binder. If additional cleaning is required, fees will be
deducted from your security deposit at the rate of $50 per hour. A $50 per
item fee will be charged for each lost key, garage door opener and remote
control that is damaged or not left at the Property upon check-out.
</p>
<p>
<strong>10. OCCUPANCY</strong>: Tenant understands and agrees that
Vacation Rental Property shall be occupied by no more than the number of
individuals (including children and infants) indicated on this agreement,
and day/evening guests are limited to 4 persons. A charge of $100 per day
per person may be imposed for excess occupancy. All day/evening guests
must vacate the premises by 10:00 p.m. Should Tenant wish to entertain or
have more than 4 guests; Tenant must obtain pre-approval by Manager in
writing. Tenant’s request must be received by Manager no less than five
(5) days prior to the day of the event. At Manager’s discretion, Tenant’s
request may be denied or modified. An additional event agreement is
required for larger gatherings or events, and a fine imposed if
pre-approval is not secured.
</p>
<p>
<strong>11. AMENITIES</strong>: The property is fully furnished and
includes bedspreads, linens, blankets, pillows, towels, as well as an
equipped kitchen. Furnishings and amenities may or may not be the exact
same as represented due to replacement, substitution or other reasons.
Under no circumstances may any furniture be removed from the house.
Personal toiletry items and, soap, dish detergent, laundry soap, shampoos,
and other consumables are to be provided by the Tenant. Since only a
limited supply of toilet paper, paper towels, and other dispensable items
are provided, Tenant should plan to shop to replenish these items as
necessary. No reimbursement will be made for unused consumables left at
the premises. Manager assumes no responsibility for the quality or
contents of any food products left on the premises and Tenants use and/or
consumption of same shall be at its and its guests own risk(s). Towels
(except beach towels, if provided) and linens are not to be taken from the
units. Tenants Security Deposit will be used for replacement of any
missing or damaged items other than consumables.
</p>
<p>
<strong>12. TELEPHONES</strong>: If a telephone is provided in the unit,
Tenant agrees to use a calling card or cell phone to make long distance
telephone calls. Telephones may be used to make local calls only. Should
long distance calls be inadvertently charged to the owner, Tenant agrees
to pay for calls, and Manager has the right to charge Tenant’s credit card
or deduct charges from the security deposit. Emergency medical, fire and
police service can be called by dialing 911.
</p>
<p>
<strong>13. DISTURBANCES</strong>: Tenant and their guests shall behave in
a civilized manner and shall be good neighbors respecting the rights of
the surrounding property owners and shall not create noise or disturbances
that interfere with the quiet enjoyment of their property. <strong><u>Creating a disturbance of the
above nature shall be grounds for fines
and/or immediate termination of this agreement, forfeiture of rent and
deposits and Tenants shall then be required to immediately vacate the
premises. </u></strong>Quiet hour starts at <strong>10 PM</strong> and pool (if
applicable) and outdoor noise should be kept to a minimum regardless of
the hour and in compliance with the San Diego County or other local Noise
Ordinances. Properties with ground or roof decks must be vacated
by <strong>10 PM</strong>.
</p>
<p>
<strong>14. TENANT’S NOTIFICATION RESPONSIBILITIES</strong>: Tenant agrees
to call Manager upon arrival to vacation rental property to confirm
arrival. Upon arrival, Tenant agrees to examine the Unit, all furniture,
furnishings, appliances, fixtures and landscaping, if any, and shall
immediately report to Manager if any are not in operating condition or in
disrepair. Tenant also agrees to immediately notify Manager of any
occurrences that may cause damage to Property or adjacent units and to
take any measures as are reasonable to mitigate damage, and be responsible
for damages for failure to do so. <strong>Tenant acknowledges that unless Manager is notified on day of
check-in
of any damage or cleaning concerns, Tenant will be liable</strong>. Any and all damages, breakage, lost
or missing items or concerns to the
Unit during the occupancy will be Tenant’s responsibility and must be
reported to Manager and paid prior to departure. Manager has the right to
deduct appropriate sums from the security deposit or credit card on file
if damages exceed Security Deposit Amounts. It is recommended that Tenant
considers the purchase of Damage Insurance.
</p>
<p>
<strong>15. MULTIPLE HOME RENTALS</strong>: Should Tenant or acquaintance
of Tenant rent another house in proximity to Unit, <strong>no items shall be moved from house to
house</strong>. Guests moving between the premises will refrain from loud noise and
boisterous behavior. Guests from two or more rentals will not spend the
bulk of their rental time at a house other than the house in which they
are sleeping (violation of the occupancy rules). Having too many guests in
one house creates extra wear and tear, risk of sewer problems and noise
complaints.
</p>
<p>
<strong>16. GARBAGE</strong>: Tenant shall dispose of all waste material
generated during the rental period in a lawful manner and put the trash in
the exterior trash bins provided for pickup. See the Guest Information
Binder in the unit or contact manager for garbage collection days. Tenant
is cautioned not to leave trash outside for long periods of time because
it attracts animals.
</p>
<p>
<strong>17. SUBLEASING</strong>: Tenant shall not sublet the property.
</p>
<p>
<strong>18. SMOKING</strong>: No smoking is allowed on the premises. If
smoking does occur on the premises, Tenant is responsible for all damage
caused by the smoking including, but not limited to, stains, burns, odors
and removal of debris. Smoking by Tenant or guests is a breach of this
agreement and occupants may be required to vacate the premises and forfeit
the right to return of any Security Deposit. Smoking inside is
grounds for an immediate eviction. THERE WILL BE A MINIMUM $500 CHARGE TO
LESSEE’S SECURITY DEPOSIT OR CREDIT CARD. At no time is marijuana
smoking allowed.
</p>
<p>
<strong>19. PETS</strong>: Pets are prohibited unless a separate Pet
Addendum has been signed in advance of occupancy. Only certain properties
permit pets for a fee. If an unauthorized pet is found on the premises,
Tenant is responsible for any and all damage caused by pet(s), including
pet allergen remediation, noise complaints arising a pet barking, or
bodily injury caused by a pet. Under no circumstances is the property
owner or Manager responsible for any illnesses or otherwise that a pet may
encounter while inside or outside the property. <strong>Unauthorized pets on the
premises</strong> <strong>constitute a breach of this agreement and occupants may be required to
vacate the premises, and Tenant will forfeit the right to return of any
Security Deposit.</strong>
</p>
<p>
<strong>20. TRANSIENT OCCUPANCY</strong>: Tenant expressly acknowledges
and agrees that this Agreement is for transient occupancy of the Property,
and that Tenant does not intend to make the property a residence or
household.
</p>
<p>
<strong>21. OWNERS PROPERTY</strong>: Tenant agrees not to access the
“owner’s closet”, even if unlocked, which contains owners personal
property and may contain cleaning supplies and chemicals that could be
hazardous to children and adults.
</p>
<p>
<strong>22. FIRE EXTINGUISHER</strong>: The property is equipped with a
minimum of one (1) fire extinguisher. The fire extinguisher was fully
charged at last inspection. It is the duty of the tenant locate fire
extinguisher, notify all other occupants and guests of the location, and
to inform management immediately should the fire extinguisher be missing,
or be less or become less than fully charged.
</p>
<p>
<strong>23. SMOKE DETECTORS/ CARBON MONOXIDE DETECTOR</strong>: The
property has smoke detectors and a carbon monoxide detector installed and
they are believed to function properly at the time of rental. Tenant will
notify management without delay if detectors are missing, uninstalled,
“chirps” or have a low battery condition.
</p>
<p>
<strong>24.</strong> <strong>PARKING</strong>: Tenant is advised that
in many high density beach communities, parking is at a premium, and
garages and parking spaces can be smaller than normal. Tenant is advised
to ask for measurements if parking is needed. No refunds will be given if
vehicles do not fit in designated spaces. Please do not block garages or
park in the red at any time.
</p>
<p>
<strong>25. SECURITY</strong>: Tenant shall see to their own and to the
Property security by locking doors, windows, garage doors, etc. when it’s
prudent to do so and always when all guests are absent or the property is
vacated.
</p>
<p>
<strong>26.</strong> <strong>NEW LOCKS OR ALTERATIONS: </strong>Tenant shall not make or permit to
be made any alterations to the
Premises or change or add any lock without prior consent of Manager.
</p>
<p>
<strong>27. LOST ITEMS</strong>: Manager shall have no responsibility for
lost, stolen or abandoned items. Every reasonable effort will be made to
contact the Tenant for return. There will be a $25.00 charge plus shipping
costs for any items returned at Guest’s request. Manager shall not be held
liable for condition of said items. If items are not claimed for longer
than 21 days, they shall become the property of the Manager.
</p>
<p>
<strong>28. CABLE/INTERNET/SATELLITE</strong>: If provided, no refund of
rents shall be given for outages, content, lack of content or personal
preferences with regard to cable/internet/satellite service. Services are
provided as a convenience only, and are not integral to this agreement. No
refund of rents shall be given for outages, content, lack of content,
speed, access problems, lack of knowledge of use, or personal preferences
with regard to service.
</p>
<p>
<strong>29.</strong> <strong>AIR CONDITIONING / HEATING:</strong> Most beach vacation rentals are
not equipped with air conditioning.
If so equipped, Tenant agrees that Air conditioning shall not be set below
72 degrees and heat shall not be set above 78, and that the fan setting
shall be “Auto”. Doors and windows shall be closed when either heat or air
conditioning is in operation.
</p>
<p>
<strong>30. SYSTEM(S) FAILURES:</strong> In the event the rental unit
sustains a failure of a system, including but not limited to water, sewer,
septic, electrical, gas, plumbing, mechanical, appliances, heat pump,
ventilating, pool, hot tub or other system or structural systems, neither
the property owner nor the Manager shall be liable to Tenant for damages,
and no refunds will be given for such failures. However, Manager will make
an effort to promptly repair or replace the failed system or equipment,
and in such event, Tenant agrees to permit Manager or its service provider
to have reasonable access to the property to inspect and make such
repairs.
</p>
<p>
<strong>31. NOISE:</strong> Tenant is aware if Unit is located in a
high density neighborhood (as are many beach vacation rentals) and is
therefore subject to noise from adjacent residences/businesses. If Unit
has another unit adjacent or above, noise may travel between walls and/or
floors and cause disturbance.
</p>
<p>
<strong>32. UNFORESEEN OCCURRENCES</strong>: Manager does not accept
liability for any loss or damage caused by weather conditions, natural
disasters, pests, construction, acts of God, or other reasons beyond its
control. There shall be no refunds of rents because of shortened stays or
ruined expectations due to work and family emergencies or other reasons.
It is highly recommend that Tenant considers the purchase of travel
insurance.
</p>
<p>
<strong>33. SALE / LEASE OF PROPERTY: </strong>If unit is actively
listed for sale or lease, Manager may notify guest to schedule and show
property. Please review #35 in the event this property is sold.
</p>
<p>
<strong>34. WAIVER OF LIABILITY: </strong>for spa, hot tub, Jacuzzi,
whirlpool, pool, sauna, pond herein referred to as special feature. If so
equipped, it is the tenant’s responsibility to learn about safety
precautions, warning signs of water conditions, and safety procedures
concerning swimming in or being around the special feature. Tenant
understands that there are special risks that may be involved in using the
special feature, as well as using other areas of the property, in
particular, you understand that there are potential dangers that the
special feature may present to children who are not carefully supervised,
as well as to any person using the special feature, or if a person has
health risks, uses the special feature while intoxicated or using any kind
of drugs or medication, or if pregnant. Tenant agrees to explain the risks
of using the special feature to any guests at the property. Tenant agrees
to assume all responsibility for Tenant and Tenant’s guests for the
consequences of those risks and to be fully and solely responsible for any
accidents that may occur. Tenant agrees to waive any claim whatsoever
against property owner or Manager for accidents or claims arising from you
or your guests’ use of special feature. Tenant also understands and agrees
to be responsible and liable and will pay Manager upon request for any
damages that occur to the special feature and its support equipment
through Tenants or Initial Tenant’s guests’ misuse and/or negligence, for
example, but not limited to walking on the hot tub cover or damaging the
liner, or allowing the water level to become too low, removing pool
cleaning equipment from the pool, or causing water overflow inside the
house.
</p>
<p>
<strong>35. RESERVATIONS ARE NOT FULLY GUARANTEED</strong>: If for some
unforeseeable circumstance, the Vacation Rental Property is not available
or becomes unavailable or uninhabitable prior or during your stay, every
effort will be made to locate substitute accommodations with an equal
number of bedrooms. If the substituted property rents for more for the
same period or remaining period, respectively, there will be no additional
charge. However, if the substituted property rents for less for the same
period, the difference will be refunded to Tenant.
</p>
<p>
<strong>36. DOUBLE BOOKINGS</strong>: In the unlikely event that your
reservation for a vacation rental unit overlaps or matches the reservation
of another Tenant, Manager reserves the right to relocate you to a
different property within the Manager’s rental program or within the
rental program of another company. Every effort will be made to ensure
that the replacement property is comparable or better than the original
rental property. The Manager shall have the sole right to select such
replacement property and agrees to pay any additional charges that would
be due in excess of the rate for the original booking. Tenant will have
the option to accept the replacement property (together with any refund of
amounts paid in excess of the replacement rental property costs) or to
accept a refund of all rents and fees paid for the original booking.
Tenant agrees that its choice between these alternatives will be the sole
remedy for any and all damages, liability, or inconvenience arising out of
the double booking.
</p>
<p>
<strong>37.</strong> <strong>TERMINATION</strong>: If Guest or any
member of Guest’s party or visitors violate the terms of this Agreement,
Manager may terminate this Vacation Rental Agreement with no refunds.
Manager has the right to inspect the premises without prior notice at any
time to enforce the terms of this agreement. Should the Tenant or their
guests use the unit for any illegal or unlawful purpose including, but not
limited to the possession, serving, or consumption of alcoholic beverages
by persons less than 21 years of age, house parties or keg parties, beer
pong, or use of common areas in a manner contrary to the provisions of
this agreement, or the rules of the homeowners association, the rental
period shall be terminated immediately with no refunds. The Tenant shall
waive all rights to due process for failure to vacate the premises upon
termination of the rental period. Manager or its agent may enter the
premises and remove Tenant, the members of Tenant’s party, and their
belongings. Tenant is notified that all individuals occupying the Unit
will be subject to immediate eviction procedures under State law. IF
LAW ENFORCEMENT IS DISPATCHED TO PROPERTY DUE TO ANY ILLEGAL ACTIVITY OR
DISTURBANCES EMANATING FROM THE PREMISES OR GROUNDS, THERE WILL BE A
MINIMUM $500 CHARGE TO LESSEE’S SECURITY DEPOSIT OR CREDIT CARD, AND SUCH
AN OCCURRENCE WILL BE CONSIDERED GROUNDS FOR IMMEDIATE EVICTION.
</p>
<p>
<strong>38. AGENCY</strong>:It is mutually understood and agreed that
Manager is acting as Agent only for the property owner and has no
liability to either party for the performance of any terms or covenant of
this agreement. Furthermore,Tenant understands Manager is being
compensated in this transaction by the property owner and is contractually
obligated to protect the interest of same. Manager hereby discloses to
Tenant should Tenant elect to purchase travel insurance protection or
damage insurance through Manager, Manager may be compensated by
provider(s) for cooperation in the transaction.
</p>
<p>
<strong>39. HOLD HARMLESS</strong>: The Tenants and Tenants’ Guests shall
hereby indemnify and hold harmless the Manager and property owner against
any and all claims of personal injury, property damage or loss arising
from use of the premises regardless of the nature of the accident, injury
or loss. Tenants expressly recognize that any insurance for property
damage or loss which the Landlord may maintain on the property does not
cover the personal property of Tenants, and that Tenants should purchase
their own insurance if such coverage is desired. Properties with pools or
spas – Manager is not liable for any bodily injury or death that may
result from using a pool or spa. Any and all injuries must be reported to
the Manager immediately. Claims arising after your departure date will not
be honored.
</p>
<p>
<strong>40. ADDITIONAL TERMS AND CONDITIONS</strong>: The undersigned, for
himself/herself, his/her heirs, assignors, executors, and administrators,
fully releases and discharges Manager and Owner from any and all claims,
demands and causes of action by reason of any injury or whatever nature
which may have occurred to the undersigned, or any of his/her occupants or
guests as a result of, or in connection with the occupancy of the premises
and agrees to hold Manager and Owner free and harmless of any claim or
suit arising there from. In any action concerning the rights, duties or
liabilities of the parties to this agreement, their principals, agents,
successors or assignees the prevailing party shall be entitled to recover
reasonable attorney fees and costs.
</p>
<p>
<strong>41. WRITTEN EXCEPTIONS</strong>: Any exceptions to the above
mentioned policies must be approved in writing by a Manager in advance.
</p>
<p>
<strong>42. DISPUTES:</strong> under this Agreement shall be governed
by and interpreted in accordance with the laws of the State of California.
Any action relating to this Vacation Rental Agreement shall be filed only
in the San Diego County court in California in which county the Unit is
located. Both parties consent to the exclusive venue and jurisdiction of
such court. Tenant agrees to pay all reasonable costs, attorney’s fees and
expenses that shall be made or incurred by Manager enforcing this
agreement.
</p>
<p>
<strong>43.</strong> Facsimile or email signatures are deemed
original signatures.
</p>
<p>
<strong>CREDIT CARD AUTHORIZATION: </strong>Tenant agrees to provide
Manager with a valid credit card and Manager is authorized to charge any
rental amounts due, security deposits, taxes due, fines, and any and all
amounts above and beyond the Security Deposit and not covered by the
Security Deposit Insurance Plan for extra cleaning, missing and or damaged
items and property.
</p>
<p>
If you have any questions about these terms, call San Diego Beach King at
888-590-5464.
</p>
</div>
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</article>
