Temecula Vacation Rentals Terms and Conditions
Temecula Vacation Rentals, LLC
VACATION RENTAL AGREEMENT
(Intended for occupancy of 30 days or less) By occupying/visiting property you are accepting all of the following terms and conditions:
1. ONLINE RESERVATIONS: All Reservations made are not guaranteed until confirmed by Management. Expect confirmation email containing "Arrival Info" within 48 hours of online booking. Online rates are subject to change without notice until confirmed with Management. You agree to ALL terms and conditions including charging the credit card on file with/without a written signature.
2. PROPERTY: Occupant rents, for vacation purposes only, the furnished real property and improvements described as: (Address of Rental), situated in the city of Temecula, California ("Premises").
3. ARRIVAL & DEPARTURE:
Check-in is no earlier than 2:00 PM on arrival date.
Checkout is NO LATER than 11:00 AM on the departure date.
It is VERY important that these times be adhered to. A minimum fine of $75 will be charged to Guest for turning away maid service due to failure to vacate Premises up to 1 hour after scheduled departure time. If Guest's continue to occupy Premises past 12 noon on scheduled departure date, Guest will be charged for an additional night's stay. If other arrangements have been made than these times shall be modified accordingly.
4. AUTHORIZED USE AND GUESTS: The Premises are for the sole use as a personal vacation residence by (Client Name) ("Authorized Guests"). (Client Name) is responsible for any guests that use the property during the term of this agreement. Authorized Guests may not exceed the total allowable Guests for Property at any time. No other guests, visitors, or persons are permitted if at max allowable unless discussed and approved by management and appropriate fees have been paid. If the Premises are used, in any way, by more or different persons than those identified in this paragraph, (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 monies collected.
5. PAYMENTS: The Premises will not be held for Occupant until:
Temecula Vacation Rental requires a payment of at least $500 towards stay to hold property and is due upon booking. This amount may increase with more expensive properties. Such payment will be applied towards reservation balance due.
If booked online, Outside 30 Days of Arrival: $500 has been received and terms have been accepted. Balance in full is due 30 Days before Arrival and will be charged automatically to same credit card used, unless communicated otherwise.
1. If booked online, Within 30 Days of Arrival: 100% of Total Cost has been received and terms have been accepted.
If booked via Res Form: Res Form has been completed and returned with Payment to Temecula Vacation Rentals. Once processed and payment verified, the reservation will be confirmed.
ALL Payments are NONREFUNDABLE.
6. BALANCE DUE; LATE CHARGE: If Balance Payment is not received by applicable Due Date, Temecula Vacation Rentals may, at Temecula Vacation Rental's sole discretion, either terminate this Agreement or impose a late charge of $200 or 10% of Unpaid Late Balance, whichever is greater. Reservation Payment will be forfeited if the Agreement is terminated, as it is NONREFUNDABLE.
7. Damage Protection: Temecula Vacation Rentals offers you as part of your stay a Vacation Rental Damage Protection plan designed to cover unintentional damages to the rental unit interior that occur during your stay provided they are disclosed to management prior to check-out. If purchased, the policy will pay a maximum benefit up to the $3,000 shown on the confirmation. Any damages that exceed the $3,000 or are not covered under the plan will be charged to the credit card on file. 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 the policy limit. 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 and request CSA Travel Protection and Insurance Services to pay directly Temecula Vacation Rentals, LLC any amount payable under the terms and conditions of the Vacation Rental Damage. Please contact Temecula Vacation Rentals, LLC directly if you do not wish to participate.
7a. * Occupant hereby grants consent for Temecula Vacation Rentals to charge Credit Card on file or collect directly from guest for any damages not covered under purchased policy, any missing items, excessive cleaning, and, if necessary, cost incurred to remove occupant from property. In addition, any complaints from neighbors due to excessive noise caused by Guest will result in a fine of $200 per complaint, which will be charged to credit card on file or deducted from cash deposit before refund.
8. CANCELATION; REFUND; Reservation payments are NON-REFUNDABLE. Temecula Vacation Rentals will make reasonable effort to fill the property if Authorized Guest is forced to cancel Reservation. If able to fill the Reservation through another guest, Authorized Guest will be entitled to full refund less 10% of Reservation Total Cost or $100 minimum.If reservation is canceled and property can not be re-booked by another guests NO refund will be given.
If for any reason beyond the control of Management, the Premises become unavailable, Management may substitute a comparable unit or cancel this Agreement and refund in full all payments made by Occupant. Such Circumstances include but are not limited to Owner Sale of Property, Construction/Re-Model, Double Booking, etc.
9. OCCUPANCY: Authorized Guest is person who will occupy the Premises. Parents may not book Premises for their children. Authorized Guest must be present on Premises for the Time of the reservation, and assumes full responsibility of all guests. No unlawful activity or any other activity that constitutes a nuisance is permitted on Premises. No parties are permitted on Premises without prior written consent by management. Facilities fee will be charged by number of guests on property. Noise will not be permitted after 10 pm as stated in the Riverside County Temecula Valley Wine Country Noise Ordnance 847. $200 per noise complaint will be charged to guests and or removal from the property. Overcrowding or misrepresentation is grounds for immediate revocation of the license to the Property, and removal of Occupants without refund. Authorized Guest takes full responsibility for all lost or broken items, and any damages to the Property of any kind.
10. CLEANING: Premises will be delivered to Occupant in a professionally cleaned condition. Upon termination of occupancy, Temecula Vacation Rentals will arrange for a professional cleaning service to return property to same condition as before Occupant's arrival, less any normal wear and tear. Occupant is responsible for cost of this cleaning. Cleaning fee is mandatory and nonrefundable.
11. PETS/ANIMALS: Pets/Animals are not allowed on Premises unless discussed and approved by Management and appropriate fee paid. If an authorized pet/animal is on the Premises, Occupant is responsible for all damage caused by the pet. If unauthorized pet/animal is discovered on Premises, Occupant must pay appropriate fee + $50 penalty. If Guest refuses to pay fee, Authorized Guests, pet(s) and all others may be required to immediately leave the Premises, or be removed from it, as Occupant is in breach of this Agreement.
12. 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.
13. NSF CHECKS: If a check is returned NSF, Occupant shall pay $50.00 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 cancelation of this Agreement if the required payment is not made by the applicable Payment Due Date.
14. CONDITION OF PREMISES: 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.
15. 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.
16. 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 Management 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.
17. 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), security system to include security cameras, placing signs, displays or exhibits, or using screws, fastening devices, large nails or adhesive materials.
Occupant shall not alter the Entertainment System, or Security System to include camera's, in any way. Any unplugging, disconnecting of installed components, plugging in of external components (video game consoles, etc) or tampering of any kind with installed system will result in additional charge to have professional return to regular functioning status.
18. Pools are NOT heated. Hot-tub/Jacuzzi’s are preset not to exceed a heat of 102 degrees. Additional charges of a $150 minimum per day will be applied/deducted from deposit to heat the pool. Heating of the pool arrangements are to be made in advance. If prior arrangements are not made in advance to heat the pool, heating of the pool may not occur. TVR, LCC Management and or home owners are not responsible for ANY injury or damages occurred by you the tenant, your guests, or invitees while using pool, hot tubs or Jacuzzi. You agree buy occupying/visiting the property you are using them at "your own risk" and NO LIFE GUARD IS ON DUTY.
A. Management and Management `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. Management and Management `s representatives and agents have the right to enter the Premises, upon reasonable notice, to show the Premises to prospective or actual purchasers, occupants, tenants, mortgagees, lenders, appraisers or contractors.
20. 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.
21. UNAVAILABILITY: If for any reason beyond the control of Management, the Premises is unavailable, Management may substitute a comparable unit or cancel this Agreement and refund in full all payments made by Occupant. Such Circumstances include but are not limited to Owner Sale of Property, Construction/Re-Model, Double Booking, etc.
22. OCCUPANT`S OBLIGATIONS UPON TERMINATION OF OCCUPANCY:
Upon termination of occupancy, Occupant shall: (i) return all copies of all keys or opening devices to the Premises, including any common areas; (ii) vacate the Premises and surrender it to Management empty of all persons; (iii) vacate any/all parking and/or storage space; and (iv) deliver the Premises to Management in the same condition less ordinary wear and tear as received upon arrival. Turn off all heat/air conditioning, fire pits, spa heat, BBQ.
23. 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/Management does not insure against personal injury to Occupant, guests or licensees due to any reason.
B. Occupant Insurance: Management 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 Management from all claims, disputes, litigation,liability, judgments, costs and attorney fees resulting from loss, damage or injury to Occupant, Occupant`s guests visiting or licensees or their personal property.
24. 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.
25. 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 Landlord nor Brokers, if any, are required to check this website. If Tenant wants further information, Tenant should obtain information directly from this website.)
26. 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.
27. TRANSIENT OCCUPANCY: Occupant is renting the Premises as a transient lodger for the number of days reserved from Management who retains full legal, possessory and access rights.
28. KEYS, LOCKS: Occupant acknowledges that locks to the Premises have not been re-keyed. If Occupant re-keys existing locks or opening devices, Occupant shall immediately deliver copies of all keys to Management. Occupant shall pay all costs and charges related to loss of any keys or opening devices. Occupant may not remove locks, even if installed by Occupant.
29. ENTIRE CONTRACT: Time is of the essence. All prior agreements between Owner and Occupant are incorporated in this Agreement, which constitutes the entire contract. It is intended as a final expression of the parties` agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Agreement. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforcement of any other provision in this Agreement. The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach. This Agreement shall be governed and construed in accordance with the laws of the State of California. California shall have personal jurisdiction over the parties and the county in which the Premises is located shall be the forum for any legal action brought in relation to this Agreement.
In consideration of the right to occupy/visit the home, I hereby release to the fullest extent allowed by law, Owner and its Management, members, officers, associates, employees, agents, representatives, attorneys, assigns, and affiliates (collectively, the "Affiliates") from all liability or responsibility of any kind whatsoever for any personal injury, death, property damage or other loss sustained by me, my minor children, any guest identified on this form, or any guest or person allowed onto the property during my rental dates as a result of my, my children's or the guest's participation in a visit to the home, due to any cause whatsoever, including without limitation negligence on the part of Owner or Management. I understand that this release will bind my heirs, administrators, executors, and any other person or entity seeking to claim under or through me.