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| Rental Rates and Conditions |
• No Smoking
• Pets are NOT Allowed
Rental Rates
(May – October $900 per night
(3 night minimum)*
November – April $700 per night
(2 night minimum)*
* Occasionally, the minimum stay requirement can be waived.
Check-in: 3:00 P.M.
Check-out: 11:00 A.M.
There is a $100.00 per hours charge for unauthorized Holdovers
Security Deposit
• 50% Booking Deposit to hold. Balance due 60 days prior to
rental arrival.
• $500 refundable Security and Cleaning/Damage Deposit.
Note: Until confirmed, rates are subject to change without notice.
CANCELLATION
In the event of a cancellation of all or part of a reservation for
a property by Guest or by Rupe Properties LLC (Company), Company
agrees to refund, or transfer, the rental deposits to guests, or
other owner, only in the event that the subject property is re-rented
for the canceled period under substantially the same terms and conditions
as included herein.
In the event of the foregoing, a refund of rent collected will be
given less a 14% cancellation fee.
SECURITY DEPOSIT
A refundable security deposit of $500.00. Guest is responsible for
all long distant calls by way of calling card, credit card, etc.
the long distance phone charge less any damages incurred by guest
will be deducted from security deposit or charged to credit card.
Allow 8 weeks for refund or processing of credit card.
OCCUPANCY
The maximum occupancy of this unit 8 persons.
ABSOLUTELY NO PETS!
If you bring a pet, this rental agreement may be forfeited and terminated
and all deposits retained. Additional charges for deep cleaning
will apply.
SUBLETTING
Guest is not authorized to let or sublet all or any part of the
premises nor assign the lease or any interest in it without the
prior written consent of the Owner or Company.
CONDITION OF PROPERTY
Our employees have, to the best of their ability, given an accurate
description of the properties and its condition. We strongly urge
you or a relative or friend, to inspect the property before reserving.
Our cleaning staff will have cleaned it before your occupancy. All
electrical, plumbing and appliances should be in working order.
When you arrive, if you find that the house has not been cleaned
to normal standards then we will do our best to make it right. We
will do our best to have tradesmen attend to the problems but they
may not be able to fix everything over Holidays and weekends. Under
no circumstances will any of the rental money be refunded or returned
because of the condition of the house. The Guest agrees to hold
the Owner and Agent harmless from any liability for the condition
of the house.
**Due to the nature of ocean properties, the sand, stairs, decks
and concrete are not always stable. Use at your own risk.**
CLEANING & REPAIRS
A minimum charge of $100 will be charged for cleaning, if excessive
cleaning is required after you leave, it will be charged to you.
Guest agrees to keep house, furniture and furnishings in good order,
to keep walks, patios swept and beach clean and free of debris.
Removing, adding or changing furniture without Owner’s or
Company’s written approval shall be deemed a material breach
of this Rental Agreement, and is strictly prohibited. Guest is responsible
for cost of replacement of any damage to furniture or premises and
replacement of missing items.
ENTRY OF PREMISES
With Guest’s permission, which is hereby given, Owner or Company
may enter the premises during reasonable daylight hours without
securing prior permission from Guest, but shall give Guest notice
of such entry immediately prior if possible and immediately thereafter.
For inventory and maintenance purposes a property management employee
of the Company may need to enter the premises. The same permission
procedure applies as above. In any emergency, Owner or Company may
enter the premises at any time without permission of Guest for the
purposes of making repairs to alleviate such emergency. If Guest
abandons or vacates premises, Owner/Company may, at his option,
terminate this agreement, re-enter the premises and remove all Guest's
property.
ASSUMPTION OF RISK
No lifeguard will be on duty. Accordingly, persons using the ocean
do so at their own risk and the owner and/or company assume no responsibility
for accident or injury. No one should swim alone.
DISTURBANCES
Guest shall not disturb, annoy, endanger or interfere with other
guests or neighbors, nor use the premises for any unlawful purposes,
nor violate any law or ordinance, nor commit waste or nuisance upon
or about the premises. Committing any of the foregoing acts shall
be deemed a breach of a material covenant causing tenancy to the
property to terminate forthwith and all monies retained without
refund.
CHILD PROOFING
Guest understands that no special efforts have been made to “childproof”
this house, and accept the risk or harm to any children we allow
on the property. These risks are not limited to, but include access
to the ocean, adjacent street, cleaning supplies in the house and
plants in the house, patio and on the street, such as oleanders,
that might be poisonous if ingested.
RELATIONSHIP OF PARTIES
It is specifically agreed and understood that the relationship between
the parties herein shall be deemed to be of proprietor and lodger
or Guest as opposed to a relationship of landlord/tenant.
RULES & REGULATIONS
Guest agrees to comply with all reasonable rules or regulations
posted on the premises, delivered or otherwise made known to Guest
by Owner, Company or Association. Failure to comply is grounds for
termination of the Rental Agreement. Guest further agrees to perform
the following obligations:
(1) to keep the premises as clean and sanitary as their condition
permits;
(2) to dispose of all rubbish, garbage and other waste in a clean
and sanitary manner;
(3) to use and operate properly all electrical, gas and plumbing
fixtures and pipes and to keep them as clean and sanitary as their
condition permits;
(4) to refrain from willfully or wantonly destroying, defacing,
damaging, repairing or removing any part of the premises or facilities,
equipped or appurtenances, or permitting any person on the premises
to commit such acts;
(5) Linens are included with most homes. Retrieve mail and personal
items - $15 + postage. Returned Checks - $15;
(6) if you bring a pet, this rental agreement may be forfeited and
terminated, all deposits retained and additional charges may apply.
SMOKING
Smoking is not allowed inside the property at any time. Smoking
is permitted outside only. If there is evidence that smoking took
place, Guest will be charged minimum of $350.00 for the required
deep cleaning.
PERSONAL PROPERTY
Guest understands that any personal property of and used by Guest
is not insured by Owner/Company and Owner/Company shall not be responsible
for any lost, stolen or missing property of the Guest.
HOLDING OVER
Because of the nature of Company's business (short term winter and
summer recreational rentals) Guest understands, and is hereby put
on notice that any unauthorized "holding over" of the
property past the stated rental period could severely jeopardize
Companies business and cause loss of rental income from other previously
booked guests, temporary and/or permanent loss of business, goodwill
and reputation and, among other things, could force Company/Owner
to breach an agreement with similar short term summer and winter
recreational Guest(s) who may have reservations during Guest's unauthorized
"holding over" period. In the event, Owner/Company may
be legally liable in damages to said other guests. Guests should
be aware that unauthorized "holding over" has been construed
as a factor in establishing "malicious continuing occupation"
of rental property, which may entitle Owner/Company to treble damages
in any unlawful detained action. Guest also recognizes the unauthorized
"holding over" could be grounds in court as a cause of
action for intentionally interfering with Owner/Company's prospective
business advantage. In addition, we will charge $100.00 an hour
past 11:00 a.m. on day of check out.
REMEDIES
In the event of a default to the Rental Agreement, particularly,
but not limited to Guests unauthorized "holding over"
or those acts mentioned above in this agreement, and in addition
to all other rights and remedies Landlord may have at law, Landlord
shall have the option, upon written notice or as the Law may hereinafter
provide, Owner or Company may immediately re-enter and remove all
persons and property from premises. In such an instance, the Rental
Agreement will be terminated, and Landlord shall be entitled to
otherwise recover all damages allowable under the Law. The Guest,
as part of the considerations of this special rental, in recognition
that this property is booked in advance by other Guests throughout
the year, hereby waives all claims for damages that might be caused
by Owner/Company; re-entry and taking possession of premises or
removing or storing furniture and property as herein provided, and
will hold Owner/Company harmless from loss, costs and damages occasioned
thereof, and no such re-entry shall be considered or construed to
be a forcible entry as defined in the California Code of Civil Procedure
or other similar statutory provisions. Further, if for any reason
Owner is unable to deliver possession of the premises to Guest at
the commencement of the term specified in the Rental Agreement,
Owner or Company shall refund amounts paid by Guest, but shall not
be liable for any other damages caused thereby.
ATTORNEYS FEE/DEFAULT
If any legal action or proceeding (including default, non payments,
etc.) arising out of or related to this Rental Agreement is brought
by either party to this Rental Agreement, the prevailing party shall
be entitled to receive from the other party, in addition to all
other relief that may be granted, the reasonable attorney's fees,
costs and expenses incurred in the action or proceeding by the prevailing
party.
INDEMNIFICATION
Guest agrees to indemnify and hold harmless Owner/Company for any
liability arising before termination of this Rental Agreement for
personal injuries or property damage caused by the negligent, willful
or intentional conduct of Guest(s). This indemnification agreement
does not waive Owner's duty of care to prevent personal injury or
property damage when that duty is imposed by law.
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