This license agreement is between you, the Licensee of rental property, hereafter referred to as Guest(s) and, Sandiegovacation.com, LLC, hereafter referred to as SDV, the Licensor authorized by the owner of said rental property, hereafter referred to as Owner.
- In consideration of the monies paid and promises contained herein, the Owner does hereby grant to the Guest, the license to use those premises during the period as indicated in the reservation.
- Guest acknowledges that he/she is occupying the premises only as a licensee of the Owner, and that this agreement does not create a landlord-tenant relationship nor any other interest in the Owner’s property.
- For the reservation to be confirmed, Guest must agree to the Terms and Conditions via Sandiegovacation.com or SDV must receive this signed agreement and the Reservation Deposit within 48 hours of reservation creation. If the reservation is created on a 3rd party travel site, such as Airbnb, HomeAway, etc, Guest agrees to their Terms and Conditions as well.
- The Reservation Deposit will be automatically billed to Guest at the time of reservation creation.
- The Remaining Balance Due will automatically be processed 60 days prior to check-in, or on reservation creation date if the reservation is made within 60 days of arrival. If Guest would like to use a different method of payment for the Balance Due, Guest must notify SDV prior to Balance Due Date.
- If guest requests to use a different method of payment AFTER Balance Due Date, guest will incur a 4% processing fee that will be added to the new payment.
- All reservations must be paid in full prior to disbursement of check-in information. Any reservation that is not confirmed as described above will be automatically cancelled.
- Payments may be made by Visa, Mastercard, Discover, personal check, cashier’s check, or money order.
- Payments by check must be received 60 days prior to check-in date.
- There is a $25 charge for returned checks. SDV does not redeposit returned checks; they must be replaced with a credit card, cashier’s check or money order.
- If Guest’s cancellation request is received 60 days or more prior to check-in date, Guest will receive a refund, less $120 of the total rental amount as a cancellation fee. Guest will not be responsible for cleaning fees, tax, or damage coverage.
- If Guest’s cancellation request is received less than 60 days prior to check-in date and the property is re-rented at the same rate to another party, Guest will receive a refund, less $120 of the total rental amount as a cancellation fee. Guest will not be responsible for cleaning fees, tax, or damage coverage.
- If the property is re-rented for less than the original rate, guest will receive a partial refund equal to the re-rented rate, less $120 of the total rental amount as a cancellation fee. Guest will not be responsible for cleaning fees, tax, or damage coverage.
- If the property is not re-rented, SDV will retain all payments. Guest will not be responsible for cleaning fees, tax, or damage coverage.
- Guest must submit a cancellation request to SDV by e-mail or letter.
VACATION RENTAL INSURANCE: CSA Vacation Rental Insurance has been made available with your reservation. Vacation Rental Insurance reimburses for pre-paid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. We highly recommend you purchase this valuable protection. If you do not elect coverage, you acknowledge you have read and understand our cancellation policy and choose not to purchase Vacation Rental Insurance on behalf of all occupants. Insurance cannot be added after a potential loss or after final payment. Separate CSA terms and conditions apply, please read your policy and contact CSA with questions.
5. PEACE OF MIND ACCIDENTAL DAMAGE WAIVER
- SDV offers accidental damage coverage for every reservation in lieu of requiring a large cash security deposit. This does not limit Guest liability to the amount of coverage; Guest may still be liable for full replacement costs due to damage or loss that occurs to the premises and its contents during Guest’s reservation.
- Guest will be charged for all damage or loss that is in excess of Guest`s damage waiver and for damage that is NOT covered by the damage waiver, including but not limited to; intentional damage, unauthorized pets, additional cleaning, any fines issued by governing bodies for items such as, but not limited to, noise, trash, or parking fines.
- If damage or loss occurs, Guest must immediately report details of the incident or loss to SDV for the incident to be covered. Guest should report any missing or broken items within 24 hours of arrival to avoid any liability.
6. GOOD NEIGHBOR POLICY
- Guest agrees to observe the following restrictions IN ADDITION TO the attached GOOD NEIGHBOR POLICY. Failure to do so is grounds for immediate termination of the Guest License Agreement AND eviction without refund.
- Absolutely NO parties, large events, kegs, drugs, tents, or loud music. Overcrowding is not permitted.
- SDV represents a few properties which will allow a small family gathering. Such gatherings must be approved prior to arrival prior and may require an additional fee. Please consult a SDV representative for further information and availability.
- Guest understands that premises are located in a residential area and that neighbors live in close proximity. Respect for the residents is of utmost importance.
- Guest will be held responsible for all fines and penalties per incident for neighborhood complaint calls made to the police or complaint calls to SDV after hours emergency number, or any other neighborhood complaint regarding Guest noise, nuisance and parties, SDV HAS A ZERO TOLERANCE POLICY.
- Quiet hours are observed between the hours of 10:00 PM and 8:00 AM. Guest recognizes that other properties and neighbors are in close proximity and that noise is easily heard when outside.
- When leaving or returning to the property, please do not cause any excessive noise. Guest understands that the property is located in a residential area and that neighbors live in close proximity.
- Always follow posted rules when staying in a complex, including but not limited to, pool and spa hours, and common area use.
7. NON-SMOKING POLICY
- All properties are NON-SMOKING units. Guest will be held financially responsible should smoking take place in or on the premises during Guest’s stay including, but not limited to, additional cleaning and deodorizing expenses for carpet, drapery, and upholstery and all other costs associated with returning the property to a non-smoking condition. This applies to the use of cigarettes, cigars, pipes, incense and any other use of the like. There are no exceptions.
- If you are staying at a condo, there is NO smoking on balconies, patios, or in common areas.
- If you are staying at a home and must smoke, please do so outside after closing all doors and windows.
- If the property smells of smoke after your departure, you will be billed for all costs incurred by returning the premises to a non-smoking condition.
8. EARLY CHECK-IN AND LATE CHECK-OUT REQUESTS
- If Guest departs later than 10:00 AM without prior approval by SDV, Guest will be subject to a late departure fee equivalent to one night’s rent.
- Guest must submit a late check-out request no later than 48 hours prior to the departure date to be considered by SDV. A SDV representative will notify Guest regarding the decision of the request.
- SDV does NOT guarantee earlier check-in times or later check-out times, but will consider all requests contingent upon availability, maintenance issues, cleanliness, and other deciding factors.
9. MAINTENANCE AND REFUNDS
- ABSOLUTELY NO REFUNDS for items that SDV was able to address and resolve within the time-frame of the Guest’s stay. Any issues should be reported immediately for SDV or the homeowner to attempt to resolve by Guest’s departure date. Repairs are corrected in as timely a manner as possible, and non-emergency repairs may take up to 24-48 hours.
- ABSOLUTELY NO REFUNDS will be issued due to a malfunction in equipment including, but not limited to, the complimentary bicycles, body-boards, chairs game equipment, electronic equipment in the property, and other minor maintenance issues.
- ABSOLUTELY NO REFUNDS will be issued over neighborhood activities or construction. Guest may encounter inconveniences including, but not limited to, construction work or other events that may occur in any densely populated residential areas, parties or loud noises caused by non-SDV guests or properties, street noise, no street parking, road closures
- ABSOLUTELY NO REFUNDS for extenuating circumstances such as, but not limited to, flight delays or cancellation, the weather, pests or insects in/and around the property, alley/street conditions, neighbor’s trash, no parking, rude neighbors, nearby construction, street noise, neighborhood demographic, and outages with internet/phone/cable/power.
- SDV reserves the right, if necessary, for maintenance staff to enter the premises during business hours for repair, care, or management of the property. SDV will make every effort not to disrupt Guest’s vacation and will first attempt to contact Guest to schedule best times to enter the property.
- Guest will either receive a personal electronic door code or code to keys in a lock-box.
- Guest’s personal electronic door code activates at check-in time and expires at 10:00 AM..
- If the property requires keys, Guest must return keys to the lock-box or as directions state. If keys are not returned as directed, a locksmith fee of $100.00 will be charged to Guest.
- ABSOLUTELY NO REFUNDS will be given due to Guest’s personal likes or dislikes and/or “personal preferences” such as but not limited to, decor, location, size of the rooms or property, views, distance to areas of interest, not offering items that are not listed in the property description. Property descriptions, photos, location, and reviews are accurately posted on Sandiegovacation.com. Guest acknowledges responsibility over their due diligence in researching every feature and amenity the property has to offer.
- Guest claims responsibility in thoroughly researching every feature and amenity the property has to offer.
- Guest acknowledges that every rental property is privately owned and reflects the taste of each owner.
- Every effort has been made to ensure accurate and complete information in the Rental License Agreement and on the websites. However, SDV cannot be held responsible for typographical errors, omissions, environmental factors, price changes and changes made by Owner in furnishings, equipment, bed arrangements, any erroneous descriptions on 3rd party travel sites..
- All properties are fully furnished for normal housekeeping in “turn-key” condition. Kitchens are equipped with dishes, cookware, flatware, glasses, and basic appliances. Additionally, all linens, including sheets, blankets, and towels are furnished.
- A starter-kit of some toiletries and cleaning supplies are provided. However, it will be Guest’s responsibility to purchase any additional supplies once the starter-kit is depleted, if needed.
- Some properties may not provide designated parking. Please contact SDV for details on parking.
- Guest must park in designated spaces only, or risk being towed at the vehicle owner’s expense.
- If additional parking is needed, Guest may park on the street. SDV recommends taking notice of posted signs for street cleaning days.
- SDV or Property Owner is not responsible for any fines or citations received for illegal parking.
- ABSOLUTELY NO REFUNDS will be given due to the housekeeper or maintenance staff still present at the time of check-in.
- Guest shall keep and maintain the premises in a clean and sanitary condition at all times.
- Guest agrees to clean grill with wire brush when finished cooking each meal, if applicable.
- Upon termination of the agreement, Guest shall surrender the premises to Owner in the same condition as when received, excepting light cleaning and laundry.
- Additional housekeeping service is available on a weekly basis for multi-week reservations.
- If Guest arrives early, Guest may not enter the unit or store any items in the unit until cleaning is complete. SDV is not responsible for any lost or stolen items, injury caused to chemicals or wet surfaces.
- Guest acknowledges the following, along with the attached SERVICE ANIMAL POLICY.
- Guest shall not keep or permit any animal in or on said premises unless prior permission is granted by SDV. If consent is provided, SDV will charge a non-refundable $100.00 pet fee to Guest’s credit card to cover additional cleaning.
- Any additional cleaning or repair required due to the occupancy of the pet will be charged to Guest’s credit card on the reservation.
- If it is found there are more pets than agreed to on the premises or there are complaints from neighbors regarding excessive noise or nuisances caused by pet, Guest will be asked to vacate the property immediately with no refund.
- Pets must be attended to at all times and not left alone on the property.
15. LOST AND FOUND
- SDV cannot be held responsible for items left in homes or condominiums. Guest is encouraged to double-check the property for personal items prior to departure.
- If SDV is asked to return items to Guest, SDV will do so for a service charge of $15.00 plus applicable shipping charges, which will be billed to Guest’s credit card.
- Items not claimed after 14 days will be donated to local charity.
16. TERMINATION OF RENTAL
- SDV reserves the right to refuse or discontinue Rental License Agreement if in its opinion the Guest is detrimental to the property. Any violation of the above mentioned policies will result in immediate eviction with loss of entire rental amount.
17. CREDIT CARD**
- Guest will provide his/her credit card number as a guarantee and for the purposes described above.
- Guest expressly accepts the terms of this Rental License Agreement and understands that Guest’s credit card may be charged in compliance with the terms of this agreement. Guest further agrees that credit card charges that comply with the terms of this agreement are final.
18. WAIVER, INDEMNITY, AND RELEASE OF LIABILITY
- Registered guest must meet the minimum age requirement of 25.
- Guest acknowledges penalties and/or eviction without refund, if the number of guests exceed the property’s stated limit.
- Guest agrees that he/she is solely responsible for any property damage, accident or personal injury, or loss sustained by Guest, and others in Guest’s party, arising out of Guest’s occupancy of the premises, unless caused by the sole negligence of SDV or Owner.
- Guest agrees to be familiar with appliances located on the premises, and to use all furnishings in a safe and reasonable manner.
- Also available for Guest’s use in some of the units may be bicycle equipment and beach toys including boogie boards (“Equipment”). By signing this agreement, Guest understands the nature of using the Equipment and that use of the Equipment involves risks of serious bodily injury, including permanent disability, paralysis, and death.
- Guest agrees to supervise and be responsible for use of Equipment by any persons under the age of 18 (all persons under 18 must wear a helmet when using the bikes under CA law).
- Guest further agrees to indemnify and hold Owner, SDV and its employees, and if applicable any HOA or other group, harmless from any claims arising from Guest use of the premises and or Equipment, including risk of injury and death to Guest and others from all recreational activities of Guest while occupying the premises.
19. FACSIMILE AND E-SIGNATURE
- An E-Signature or Facsimile signed copy of this Agreement shall have the same force and effect as the original.
- In the event of any legal dispute concerning this agreement, the prevailing party shall be reimbursed by the losing party for all reasonable fees and costs for the legal services involved. This paragraph shall survive this contract.
- Guest certifies that he/she has carefully read and agrees to the terms of this agreement and by clicking the accept button (online) or signing below, is authorizing all rental charges due and any outstanding charges remaining after departure to be charged to the credit card on the reservation.