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RULES, REGULATIONS, & OTHER TERMS
PAYMENTS, CANCELATIONS, REFUNDS: A 25% down payment is required to reserve the property outside of 30 days before arrival, with the remaining payment due 30 days before arrival and charged to the same credit card unless communicated otherwise. Within 30 days of arrival, 100% payment is due to reserve the property. If the Guest cancels the reservation at least 30 days before the arrival date, they will receive a full refund. If Guest cancels reservation at least 14 days before arrival date; Guest will receive a 50% refund. If a Guest cancels within 14 days, no refunds will be given. Reservation can be rescheduled one time with no penalty at least 30 days before arrival date. Guest will be required to pay any difference in rates. By agreeing to this payment and cancellation policy, the Guest understands that credit/debit card charges associated with the rental, including service fees and damages, are non-disputable. Any disagreement regarding these charges will be resolved through arbitration in San Diego County, California, as described in the "Dispute Resolution" below. The Guest acknowledges and agrees that reservation fees under this Agreement are non-refundable, except if the cancellation is made outside of 30 days before the arrival date as specified in the "Payments, Cancellations, and Refunds" paragraph above; including but not limited to natural disasters, acts of God, pandemics, resort closures, grounded or cancelled flights, sudden illness, accidents, death in the family, or any other unforeseeable circumstances. UNAVAILABILITY: If for any reason beyond the control of Management the reserved rental unit becomes unavailable including, without limitation, due to failure of the property basic structure that may compromise the safe inhabitability of the property, Management may substitute a comparable rental unit with Guest’s approval. If Management does not offer a comparable rental unit or Guest does not approve, this Agreement shall, at Guest’s request, be terminated and Management shall refund in full all payments made by Guest. In the election to terminate this Agreement, Guest waives any and all claims, known or unknown, arising out of or related in any way to this Agreement, including, without limitation, any failures by Management to perform under this Agreement. UNFORESEEN OCCURRENCES: Guest hereby assumes all risks arising out of unforeseen occurrences not under the control of Management. Accordingly, Management will not be liable or responsible in any way for any loss, damage, or inconvenience caused by any unforeseen occurrences, including, without limitation, weather conditions, natural disasters, pandemics, pests, construction, public/private events, acts of God, wildfire/smoke, road closures, interruption of services and utilities or other reasons beyond its control. Guest acknowledges and agrees that in no event shall Management be liable or responsible in any way for travel restrictions, restaurant closures, recreational facility closures, and restrictions issued by any public authority. Without limiting the generality of the foregoing, Management cannot and does not guarantee that conditions will be suitable for any particular activities. The lack of any such conditions neither constitute a material breach of this Agreement nor a basis for any refund by Management. GUEST VERIFICATION: I give permission to the property manager to use a third-party to verify my identity to confirm my reservation. Complete terms regarding the guest verification can be provided by the property manager. You may receive an email to complete your screening. Please check your spam inbox for this email and contact the property manager if you have any questions. STRICT NOISE ORDINANCE: San Diego has a strict noise ordinance that must be followed. Loud noises, music, and/or loud vehicle noises are not permitted between the hours of 10:00 pm and 7:00 am. If Guest violates this provision, Guest may be fined by Management. Management may legally remove Guest, Guest’s visitors, and licensees from the property, and Guest will forfeit the entire rental amount and security deposit. SECURITY DEPOSIT/DAMAGE WAIVER: Prior to, during, and continuing after the conclusion of the Guest’s reservation detailed in this Agreement, a valid credit card shall be kept on file. Any deposit is provided in the itemized list herein. If any damage costs that are not covered by the Damage Waiver or deposit as provided in the itemized list herein, or not informed to the manager before, or at check out, will be charged to the credit card on file with or without notice. Guest hereby grants consent for Management to charge credit card on file for any damages, missing items, excessive cleaning, fines, and, if necessary, cost incurred to remove Guest from property. CLEANING: Premises will be delivered to Guest in a professionally cleaned condition. Upon termination of occupancy, Management will arrange for a professional cleaning service to clean premises. Guest is responsible for cost of this cleaning, which is included in the fees ("Cleaning Fee") charged at the time the reservation is booked. Cleaning fee is mandatory, nonnegotiable, and nonrefundable. Should Guest use and activity of the property necessitate cleaning beyond the services of Management’s professional cleaning service to bring the condition of the property to what it was prior to Guest’s use, Guest will be charged for associated excess costs. AMENITIES: Drift Vacation Homes provides the property with a complimentary starter pack of amenities including rolls of paper towels, dishwasher tablets, trash bags, dishwashing liquid, hand soap, shampoo, conditioner, body soap, toilet paper, and detergent. You are responsible for the purchase of any additional items you may require during your stay. PETS: Pets are NOT allowed unless the home is advertised as PET FRIENDLY. In some, limited circumstances, Owner and Management may pre-authorize the presence of pet(s). Valid pre-authorization requires the guest to message the Manager prior with pet details and a written confirmation is received via email. If approved, a $250 pet fee will be added to the reservation. Guests who violate this policy by bringing a pet to a non-pet friendly property will be charged an additional $1,000.00, plus the expense of any cleaning deemed necessary by Management in its sole discretion. Violations will also result in immediate removal from the property for all Guests, Guests’ visitors, and any other inhabitants of the property, as well as forfeiture of any and all payments made by Guests or related parties. SERVICE ANIMALS: Notwithstanding this provision, Manager is committed to providing reasonable accommodation to protect the rights of Guests with disabilities to bring a “service animal” (as defined by California and federal law) under the terms of The Fair Housing Amendments Act of 1988, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act, as well as relevant California laws. If a guest needs a service animal who has been trained to do work or perform tasks for a disability, he or she should make such request, to Management at the time of booking their reservation. The request should state that the guest has a disability and provide the specific work or task that the service animal has been trained to perform. Guests need not disclose the details of their disability nor provide a detailed medical history. Guests will be responsible for any damages caused by a service animal, just as any Guests who bring an authorized pet to a property would be responsible for any damages caused by a pet, including any additional cleaning fees required at the end of the stay to prepare the property for incoming guests. Emotional support animals will be considered on a case-by-case basis with a reasonable accommodation request made prior to Guests’ stay. NO SMOKING: No smoking is allowed on the premises. If smoking occurs on the premises, Guest is responsible for any and all damage caused by the smoking including but not limited to, stains, burns, odors, removal of debris, and any third party complaints and related damages. Guest acknowledges and consents to the credit card on Guest’s account being charged for any excess amount required to remedy any and all damages resulting from smoking that exceeds the Damage Waiver or deposit. Guest also acknowledges and consents to the credit card on Guest’s account being charged for any future cancellations to the property due to complaints of smoke or restoration associated with Guest’s smoking. Guest agrees to defend and indemnify Management from any and all claims, damages, disputes, suits, and judgments relating to this provision made by any person, including without limitation Owners, future renters, property homeowner’s association, and property neighbors. If smoking is discovered during this Agreement’s reservation, Guest’s breach of this provision will result in immediate removal of Guest, Guest’s visitors, and licensees from the property, and forfeiture of entire rental amount and security deposit. COMMUNICATION: By providing your contact information, including your phone number and email address, you expressly consent to receiving text messages and emails from us regarding your reservation and related services. These communications may include reservation confirmations, updates, special offers, promotions, and important information related to your stay. You acknowledge that standard message and data rates may apply for text messages, and you can opt-out of receiving these communications at any time by contacting us or following the instructions provided in the communication. CONDITION OF PREMISES: Guest shall, on arrival, examine the premises, including all furniture, furnishings, appliances, fixtures, and landscaping. Guest shall immediately report in writing to Management of anything that is not in operating condition or in disrepair. The presence of non-operating condition or disrepair and any reports of such does not give Guest the right to cancel this Agreement or receive a refund of any payments made. NEARBY CONSTRUCTION: There may be construction ongoing at properties adjacent to or close by the property being rented by Guest. The rules regarding acceptable noise levels, start and finishing times, and other restrictions relating to any such construction are governed by local ordinances and/or community specific rules and regulations beyond the control of Management and Owner. Management will use its best efforts to ensure that the appropriate parties are notified and appropriate remedial action taken in the event that it receives notice that the construction at issue may be in violation of any such regulations or ordinances. LOST ITEMS OR LEFT ITEMS: Guest is solely responsible for any lost, stolen, or abandoned possessions or items. Management assumes no responsibility for lost, stolen or abandoned items. Upon discovery of possessions or items not originally in the rental unit, Management will make a reasonable effort to contact the Guest for return. Guest is responsible to pay for shipping costs in addition to a $25.00 handling fee. At no point does Management assume liability for any possessions or items or for the condition of said possessions or items. Any items not claimed for longer than 30 days may be donated or sold, or otherwise disposed of in compliance with California law. SHIPPING: Management is not responsible for any lost, damaged, or delayed deliveries. We do not recommend shipping items to your rental home. MAXIMUM OCCUPANCY: The property is for the sole use as a personal vacation residence for only approved guests. Guest is responsible for any visitors that use the property during the term of this Agreement. No guests in excess of the maximum occupancy specified in the Rental Agreement shall occupy the property. A charge of $250.00 per person per night will be assessed for each unapproved guest. Guest may be charged without notice for additional persons staying in the property who are not disclosed to Management. In addition, breach of this provision will result in immediate termination of the Rental Agreement, removal of Guest, Guest’s visitors, and licensees from the property, forfeiture of entire rental amount and security deposit, and Guest may incur additional charges. NO PARTIES: All of Management’s rental units are in residential areas and may NOT be used for weddings, receptions, parties, or any other large gatherings. Any disruptive events could result in the immediate termination of this Agreement, removal of Guest, Guest’s visitors and licensees, and forfeiture of entire rental amount and security deposit. ILLEGAL SUBSTANCES: No illegal substances are allowed on the premises, including, without limitation, minors possessing alcoholic beverages. Violations will result in immediate removal of Guest, Guest’s visitors, and licensees from the property, and forfeiture of entire rental amount and security deposit. TV/CABLE/INTERNET/SATELLITE: Any internet, TV, cable, or satellite subscription services are provided as a convenience only and are not integral to this Agreement. Management will not be in breach for any service disruption and Guest will not receive a refund for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to said subscription services. AIR CONDITIONING/HEATING: Most properties are not equipped with air conditioning, but if so equipped, Guest agrees that air conditioning shall not be set below 72 degrees. There are no refunds for lack of or malfunctioning HVAC units. Heat shall not be set above 80 degrees. All fan settings shall be set to "Auto." Doors and windows shall be closed when either heat or air conditioning is in operation. POOL AND SPA: Not all properties have spa(s)/pool(s). Guest hereby acknowledges and agrees that the area(s) surrounding pool(s) and/or spa(s) may not be fenced or secure. Guest understands and agrees to be responsible and held liable for any damages that occur to the pool(s), spa(s) and their support equipment through Guest misuse and/or negligence. Use of pool(s) and/or spa(s) is at Guest’s own risk. Pool heating is not included in the reservation total. SYSTEM(S) FAILURES: In the event the property 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 Owner nor Management shall be liable to Guest for any damages as a result of or associated with such system failures. Management will make an effort to promptly repair or replace the failed system or equipment, and in such event, Guest agrees to permit manager or its service provider to have reasonable access to the property to inspect and make such repairs. Any failure does not serve as a termination of this Agreement and no refunds will be given for such system failures. RULES, REGULATIONS, NO COMMERCIAL USE: Guest agrees to comply with any and all rules and regulations that are at any time posted on the premises or delivered to Guest. Guest shall not, and shall ensure that Guest’s visitors and licensees shall not: (i) disturb, annoy, endanger, or interfere with other guests 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; (iv) commit waste or nuisance on or about the premises; or (v) violate any homeowner’s association or similar entity’s rules, regulations, or other terms. Information on any and all homeowner’s associations’ rules and regulations attached to the property are provided to Guest in the pre-check-in email with the rental details, check-in processes, and access codes. Guest is on notice of any homeowner’s associations or similar entity’s by-laws, CC&R’s, and any other applicable rules and regulations. Guest also agrees to not use the property for any commercial use. Violation of these provisions may result in immediate removal of Guest, Guest’s visitors, and licensees from the property, and forfeiture of entire rental amount and security deposit. MAINTENANCE & REPORTING: Guest shall properly use, operate, and safeguard the property including any landscaping, furniture, furnishings, appliances, and all mechanical, electrical, gas, and plumbing fixtures. Guest agrees to keep the property clean and sanitary. Guest shall immediately notify Management of any problem, malfunction, or damage. Guest will be liable and shall pay for all repairs or replacements caused by Guest, excluding ordinary wear and tear. Guest will be liable and shall pay for all damage to the premises as a result of failure to report a problem, malfunction, or damage in a timely manner. ACCIDENTAL DAMAGE PROTECTION: In “lieu of” or “in addition to” a standard security deposit, Accidental Damage Protection is included with your reservation as a Trust and Safety fee. Damage Protection is non-refundable. Tenant must notify Manager of any damages prior to check-out in order for Damage Protection to apply. If damaged item(s) are deemed by Manager to be intentional or caused by negligence, Damage Protection will not cover reimbursement. Damage Protection does not cover missing items or damage from pets or allergy/flea remediation from pets. Please note that you are responsible for any damage that exceeds the maximum protection amount, or damages that are not covered by the protection. Any additional charges for damages will be billed to the payment method on file. ENTRY: Management and Management’s representatives and agents have the right to enter the premises, at any time upon reasonable notice: (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 Guest has complied with the terms of this Agreement; or (iii) in case of emergency. Management and its representatives and agents have the right to enter the premises, upon reasonable notice of at least 24 hours, to show the premises to prospective or actual purchasers, tenants, mortgagors or mortgagees, lenders, appraisers, or contractors. PARKING: Most rental properties provide guest parking. If your vehicle is not able to fit in the designated parking space, it is the Guests’ sole responsibility to find alternative parking. Guest acknowledges that vehicles will get ticketed and/or towed for violating San Diego’s and/or the HOA’s parking rules and regulations. Any costs or damages resulting from such parking violations shall be Guest’s sole responsibility, and in no event shall Management be held liable for any costs or damage resulting from Guest, Guest’s visitors, or licensees parking in violation of San Diego’s and/or the HOA’s parking rules, regulations, ordinances, or any other governing terms. TERMINATION OF OCCUPANCY: Upon termination of occupancy, Guest shall: (i) return all copies of all keys or opening devices to the premises, including those for the garage door and common areas; (ii) vacate the premises and surrender it to Management empty of all possessions and persons at the agreed upon time; (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. DISPUTE RESOLUTION: Should a dispute, controversy, or claim (a “Dispute”) arise between Guest and Management and/or Owner, the parties agree to first submit the Dispute to confidential mediation for a good faith resolution. Mediation must be administered by the American Arbitration Association under its Commercial Mediation Rules and shall take place in San Diego, CA. If the aforementioned mediation service is no longer available for any reason at the time of the Dispute, the parties shall mutually agree upon an alternative, comparable service, yet must first use the named service’s successor, if one exists. Each party shall cooperate with the mediation service in all reasonable respects and participate in good faith wherever required. Mediation fees and expenses shall be borne equally by the parties. All communications, whether oral or written, are confidential and will be treated by the parties as compromise & settlement negotiations for the purposes of Federal Rule of Evidence 408 as well as any applicable, corresponding state rules. Either party may seek equitable relief, such as an injunction, prior to or during the mediation in order to preserve the status quo and protect its interests during the process. If, after the earlier of: (i) sixty (60) days following the commencement of a mediation hereunder; or (ii) completion of the initial mediation session, the parties have still not come to a resolution for any reason (including a failure to actually mediate), they shall seek to resolve the Dispute by binding arbitration as more fully set forth below. Subject to the paragraph above, if mediation is unsuccessful in producing a negotiated resolution, either party may commence neutral, binding arbitration. Arbitration shall be conducted on a confidential basis and shall take place before the American Arbitration Association under their Commercial Arbitration Rules in San Diego, CA. The version of the rules that should apply are those currently in effect as of the date of this agreement. Each party shall cooperate with the arbitrator in all reasonable respects and participate in good faith wherever required. Final and binding judgment upon any award rendered by an arbitrator may be entered in any court having jurisdiction thereof. The prevailing party in any arbitration or litigation shall be entitled to recover its reasonable attorneys’ fees and related costs. Either party may seek equitable relief, such as an injunction, prior to or during an arbitration or litigation in order to preserve the status quo and protect its interests during the process. VENUE AND CHOICE OF LAW: This Agreement shall be governed and construed in accordance with the laws of the State of California and San Diego County. San Diego County shall have personal jurisdiction over the parties and the county in which the premises are located shall be the forum for any legal action brought in relation to this Agreement. ENTIRE CONTRACT: Time is of the essence. All prior agreements between Owner and Guest are incorporated in this Agreement, which constitutes the entire contract. This Agreement is 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 enforceability of any other provision in this Agreement. Any waiver of any breach of the terms of this Agreement shall not be construed as a continuing waiver of the same or any subsequent breach. INSURANCE AND INDEMNIFICATION: (i) Owner Insurance: Guest’s personal property including vehicles are not insured by Management, Owner, or, if applicable, homeowner’s association against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner and Management does not insure against personal injury to Guest, Guest’s visitors or licensees, due to any reason other than the condition of the premises; (ii) Renter Insurance: Management recommends that Guest carry or obtain insurance to protect Guest, Guest’s visitors and licensees, and their personal property from any loss or damage; (iii) Indemnity and Hold Harmless: Guest agrees to indemnify, defend, and hold harmless Owner and Management from any and all claims, disputes, litigation, judgments, costs, and attorney fees resulting from or associated to any loss, damage, or injury to Guest, Guest’s visitors and licensees, and/or their personal property. Guest agrees to release, to the fullest extent allowed by law, Owner, Management, and their 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 Guest, Guest’s visitors and licensees, Guest’s children, any guest identified on this form, and any other person allowed onto the property during Guest’s rental dates as a result of Guest’s, Guest’s visitors and/or licensees, Guest’s 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. Guest understands that this release binds any and all heirs, administrators, executors, assigns, and any other person or entity seeking to claim under or through Guest. JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Guest, each person shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually. Please electronically sign this agreement after it has been read. By signing below, the renter agrees to all terms and conditions of this rental agreement. I have read the rental agreement and agree this is a legally binding contract and accept all Terms & Conditions in this document. I hereby authorize my card to be charged for the total stated in this agreement. |