Terms and Conditions
PLEASE READ THOROUGHLY - ONLINE RESERVATIONS ARE NOT VALID UNTIL AFTER APPROVAL OF BY MANAGEMENT. SATURDAY - SATURDAY STAYS MAY BE REQUIRED IN SUMMER PEAK SEASON.
UPON CHARGE OF A VALID CREDIT CARD TENANT AGREES TO ANY AND ALL TERMS AND CONDITIONS LISTED HERE.
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.
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.
1. RESPONSIBLE PARTY: 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.
2. RENT DEPOSIT: 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.
3. SECURITY DEPOSIT: 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.
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.
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.
4. PAYMENT: 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.
5. CANCELLATION: Should Tenant wish to cancel this agreement, notice of cancellation must be in writing, and it is Tenants responsibility to verify receipt by Manager. If cancellation is received more than ninety (90) days prior to check-in date, Manager will refund 100% of the sums paid, less a $250 booking/cancellation fee. If cancellation is received less than ninety (90) days prior to check-in date, Manager will refund 100% of the sums paid, less a $300 cancellation fee. If the notice of cancellation is received less than 60 days prior to check-in date, Manager will refund 100% of the sums paid, less a $1000 cancellation fee. If the notice of cancellation is received less than 30 days prior to check- in date, 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 10% 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.
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, physical deterioration or 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.
6. RESERVATION TRANSFERS: 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.
7. CHECK IN: 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.
8. CHECK OUT: 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.
9. CHECK OUT / CLEANING PROCEDURES: 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:
a) Any debris, rubbish and discards removed from the home.
b) Dishes cleaned and put away.
c) Strip all used beds and place linens and towels on the floor in the laundry or in bathtub.
d) Put back any furniture or items that have been rearranged (inside and outside home).
e) All remote controls left in the rooms with the TV’s in plain sight.
f) Refrigerator and unit should be left clean and free of perishable food.
g) Any toys, bikes, lounge chairs equipment, etc. cleaned and put back in place.
h) BBQ cleaned with brush. Gas turned off.
i) Turn-off lights, heater, air conditioner, fans, appliances, etc.
j) All doors and windows closed and locked.
k) Leave keys, garage openers and parking passes (if applicable) on the kitchen table.
l) If unit has a lock-box, return keys to the lock-box.
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.
10. OCCUPANCY: 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.
11. AMENITIES: 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.
12. TELEPHONES: 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.
13. DISTURBANCES: 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. 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. Quiet hour starts at 10 PM 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 10 PM.
14. TENANT’S NOTIFICATION RESPONSIBILITIES: 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. Tenant acknowledges that unless Manager is notified on day of check-in of any damage or cleaning concerns, Tenant will be liable. 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.
15. MULTIPLE HOME RENTALS: Should Tenant or acquaintance of Tenant rent another house in proximity to Unit, no items shall be moved from house to house. 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.
16. GARBAGE: 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.
17. SUBLEASING: Tenant shall not sublet the property.
18. SMOKING: 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.
19. PETS: 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. Unauthorized pets on the premises 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.
20. TRANSIENT OCCUPANCY: 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.
21. OWNERS PROPERTY: 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.
22. FIRE EXTINGUISHER: 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.
23. SMOKE DETECTORS/ CARBON MONOXIDE DETECTOR: 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.
24. PARKING: 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.
25. SECURITY: 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.
26. NEW LOCKS OR ALTERATIONS: 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.
27. LOST ITEMS: 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.
28. CABLE/INTERNET/SATELLITE: 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.
29. AIR CONDITIONING / HEATING: 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.
30. SYSTEM(S) FAILURES: 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.
31. NOISE: 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.
32. UNFORESEEN OCCURRENCES: 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.
33. SALE / LEASE OF PROPERTY: 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.
34. WAIVER OF LIABILITY: 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.
35. RESERVATIONS ARE NOT FULLY GUARANTEED: 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.
36. DOUBLE BOOKINGS: 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.
37. TERMINATION: 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.
38. AGENCY: 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.
39. HOLD HARMLESS: 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.
40. ADDITIONAL TERMS AND CONDITIONS: 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.
41. WRITTEN EXCEPTIONS: Any exceptions to the above mentioned policies must be approved in writing by a Manager in advance.
42. DISPUTES: 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.
43. Facsimile or email signatures are deemed original signatures.
CREDIT CARD AUTHORIZATION: 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.
If you have any questions about these terms, call San Diego Beach King at 888-590-5464.