SHORT-TERM RENTAL TERMS AND CONDITIONS
Thank you for your interest in renting our vacation home!
This document tells you specifically what you must agree to do if
you want to rent our home ("the Property"), and what you can expect
to receive from us if you do. Please read it carefully.
These Terms and Conditions, including our Cancellation and Refund
Policies, our rate Quotation and our Reservation Confirmation, together
form a legal contract ("the Agreement") between the individual
identified as "the Renter" (also herein as "You" and "your")
and "the Owners" of the Property or their designated representatives
(also herein as "We" "our" and "Us").
We require You to accept the entire Agreement in full before we can
permit You to occupy the Property. You can indicate your acceptance
by selecting the "I accept" options at the bottom of this Agreement.
We require all guests accompanying You during your rental period
(hereafter "the Guests") also accept this entire agreement in full. You
alone agree to take full responsibility for maintaining the compliance
of all of the Guests.
Note that to accept in full, You will have to select to accept BOTH
the Terms and Conditions, and also separately our Cancellation and Refund
policies.
After we receive your reservation request and accepted Agreement, we
indicate our acceptance of it by sending to You a written Reservation
Confirmation. Without that Confirmation, there is no completed Agreement
between us, You do not have a reservation for the Property and You cannot
occupy the Property.
1 YOUR REQUIREMENTS AND OBLIGATIONS
1.1 AGE: You agree that as of the date you request the reservation, You are at
least 18 years old. NOTE: if You are under age 25 You also agree to provide
a larger cleaning deposit amount, as specified in the Quotation.
1.2 RESIDENCY: You agree that You will be residing at the Property with your
group of allowed overnight guests, as specified in the Quotation (hereafter
"the Guests") during the entire rental period.
1.3 MAXIMUM OCCUPANCY: You agree that the total number of persons on the Property,
regardless of age or duration of occupancy, will not exceed the maximum
rental occupancy of the Property at any time during your rental period.
1.4 EXCLUSIVE OCCUPANCY: You agree that the overnight occupants of the Property
will only be those specified in the Quotation. You will not share the Property
or sublet it to any other persons during your rental period.
1.5 RESIDENTIAL USE ONLY: You agree that You and the Guests will only use the
Property for strictly overnight residential purposes. You agree that you and
the Guests will not use the Property to host events or for any other
non-residential use.
1.6 FALSE REPRESENTATION: You agree that false representation by you is a
serious and material breach of the terms of this Agreement, which also may
expose You, the Renter, to liability for Fraud.
NOTE: For your own safety and protection, if at any time the facts of your
visit change in any way from that described in the Agreement, contact us
immediately so that we can accommodate your changing needs to the best of our
abilities.
1.7 PREPAYMENT IN FULL: You agree to deliver to us all payments required by the
Agreement, on time and in full, prior to your occupancy under its terms. Any
changes to the terms of the Agreement requiring additional payment are null
and void until and unless we have received that additional payment in full.
1.8 PAYMENT CONFIRMS ACCEPTANCE: Since no reservation is possible without
accepting this Agreement in full, You agree that when you send us the reservation
deposit specified in the Quotation, you are also confirming your acceptance
of the Agreement in full.
1.9 DAMAGE PREVENTION: You agree to ensure that all occupants will use and
operate all appliances and furnishings properly, including all electrical and
gas appliances; plumbing fixtures; electronic home entertainment property;
heaters and stoves; barbeque grills and all other items of any kind or nature
whatsoever provided to You and the Guests during your rental visit.
Instruction manuals are available -- please read them. Call us if you have
any questions at all.
1.10 CLEANLINESS: Maid services are not available during your visit. The
Property will be cleaned only before your arrival and after your departure.
You agree to ensure that all occupants will leave the Property in a reasonably
clean and orderly condition, so that no extraordinary housekeeping is required
after your departure. Instructions, guides and suggestions are posted inside
the home for your benefit. We use your cleaning deposit to pay for the effort
to clean after You leave, and then refund any remaining balance to You. So your
cleaning efforts directly influence the amount of your refund.
1.11 PETS: You agree that no pet is allowed on the Property unless it is both
approved by The Owners prior to your arrival and paid for in full. This
applies to each and every pet on the Property during your rental period.
These charges will appear in the Quotation. You also agree to expect that
your cleaning charges may be higher because of the presence of a pet.
1.12 DAMAGE NOTIFICATION, REPLACEMENT AND REPAIR: You agree to notify us,
the Owners promptly when damage of any kind occurs. We expect there to be
normal wear and tear during your visit and we do not hold You responsible for
that type of damage. However, You agree that damage discovered by us only
after your departure is presumptively not "normal" wear and tear. It is in
your best interest for You to notify us of any and all damage that occurs
during your rental visit.
1.13 REIMBURSEMENT FOR REPLACEMENT OR REPAIR: You agree to reimburse the
Owners' cost required to remedy any loss, damage or destruction of property
caused by You or the Guests, and for any extra cleaning required. We will
notify You of the costs of damages or extra housekeeping within ten days of
written notice to us from our cleaning and maintenance contractors. On your
request We will provide you with copies of the receipts or invoices that
document these costs. You hereby authorize us, the Owners to charge your
credit card or otherwise bill you for any such documented costs.
1.14 NO SMOKING OR UNAPPROVED FIRES: You agree that smoking is not allowed
anywhere within the home. Due to the risk of forest fires, You agree that
no outdoor fires are allowed unless approved by the Owners in advance.
In any case, You agree to assume all liability for any fires that may occur
on the Property during or immediately following your rental period.
1.15 THE RENTER BEARS FULL RESPONSIBILITY: No matter who might perform any
obligation of yours in this Agreement, or who might violate any of its
terms, You, the Renter, agree that only you bear full legal responsibility
for your obligations and performance in this Agreement.
2 OUR OBLIGATIONS TO YOU
2.1 EXCLUSIVE RIGHT TO OCCUPY: In return for the full satisfaction
of your obligations in the Agreement, We will allow You, the Renter, and
the Guests accompanying You to have an exclusive right to occupy the
Property between the arrival and departure dates specified in the
Quotation.
2.2 CONTINGENCY: This right to occupy is entirely contingent on all occupants
complying in full with all terms, conditions, and policies described in this
Agreement, for the duration of the rental period. This contingency applies
to any occupant of the property, regardless of whether the occupant is an
overnight Guest or not.
2.3 REMEDIES FOR NON-COMPLIANCE: If any occupant fails to comply with any
terms of the Agreement, the Renter and Guests agree to vacate the Property
immediately upon demand of the Owners. Failure to vacate immediately upon
demand may expose You, the Renter and the Guests to forcible ejection and
prosecution.
2.4 AS-IS CONDITION: We pledge that We will try to provide the Property to You
in a comfortable, home-like condition to the best of our abilities. As with
any home, we cannot predict the failure of utility, infrastructure, furniture
or appliances or the occurrence of similar problems before or during your rental
period. Once You inform us of a problem we will do our best to correct the
problem promptly. However at times we must wait for outside service or parts
delivery. You agree to expect the Property to be in AS-IS condition,
and to accept that We have no obligation to provide You with any partial or
full refund due to any inconvenience such problem or failure may cause.
3 ARRIVAL AND DEPARTURE
3.1 ARRIVAL TIME: The Renter agrees that the Property will not normally
be available for occupancy until 5pm on the arrival date.
3.2 EARLY ARRIVAL: The property may be available to the Renter and Guests
as early as 3pm on the arrival date, but only if the Owners or a designated
representative (typically the caretaker or a cleaning contractor) permits
it.
3.3 NOTIFICATION WHEN READY: The Renter may request to receive at text
or similar message when the Property is ready to be occupied. If requested,
the Renter agrees to permit the Owners to share your contact information
with contractors who will send the message. The Renter agrees that failure
to receive this message, for any reason, shall not in any way constitute a
material breach of this Agreement.
3.4 DEPARTURE TIME: The Renter and Guests agree to fully vacate the
Property by the normal departure time of 10:30am on the departure date.
3.5 LATE DEPARTURE: The Renter's exclusive right to occupancy expires
at normal departure time. If the Renter or the Guests have not fully
vacated the Property by that time, they must allow others unrestricted
access to the Property on demand.
3.6 DEPARTURE TIME LIMIT: If the Renter or any Guests have not fully
vacated the Property by 12:00 noon on the departure date, the Renter agrees
that this will constitute material breach of the Agreement, and furthermore
exposes any remaining occupants to the risk of immediate ejection by
force.
3.7 EXTENSIONS: The Renter agrees that no extensions in the rental period
are permitted without prior written approval from the Owners, and also payment
in full of any additional amounts due under the terms specified in that
approval.
3.8 LATE ARRIVALS AND EARLY DEPARTURES: The Renter agrees that the Owners
have no obligation whatsoever to provide the Renter with any refund for
a late arrival or early departure of the Renter or any Guest, regardless
of the reason, unless the change has been approved in writing by the
Owners.
4 PRIVACY, PERSONAL SAFETY, AND RELEASE OF LIABILITY
4.1 OUR PRIVACY POLICY: It is essential that We collect personal information
from You and the Guests in order for us to rent the Property to You. We
respect the privacy of You and the Guests; We will never sell your personal
information and We will only share it on a need-to-know basis with our
contractors, or with your expressed permission. We will take reasonable
and appropriate steps to insure the security of your personal information.
However We cannot guarantee that leaks to unauthorized persons will never
occur, for instance due to circumstances beyond our control. If We learn
that a leak such as this may have occurred and may have included your
personal information, We will inform you of the facts as We know them at the
time We discover the leak. You agree to release us from liability for
any unauthorized release of your personal information, intentional or otherwise.
4.2 WEATHER AND WINTER CONDITIONS: The Property is located in high elevation
mountainous terrain. The local area experiences all four seasons, which can
bring unexpected stormy weather and possible power outages at any time of year.
Winter driving conditions can become severe. The roadways may not be passable
during and after Winter storms. We advise You and all Guests to monitor the
local weather forecast during your visit, and we strongly advise that you
carry tire chains in your car during the months of November through April.
4.3 LIMITATION AND RELEASE OF LIABILITIES: We advise you that the Property and
surrounding mountainous area include natural hazards that are an essential
part of the Property's character and environment. We the Owners make no specific
guarantee or assurance as to the safety of the premises, particularly for small
children, disabled or infirmed persons, or during bad weather. You and all
Guests assume full and complete responsibility for your own safety. You and
all Guests agree to indemnify, save and hold harmless the Owners from any
personal injury, loss, liability, damage or cost You or any Guests may incur,
for any cause or reason, during your visit to our Property. You and all
Guests agree that (1) IN NO EVENT SHALL WE THE OWNERS BE LIABLE UNDER THE
AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE
DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY AND (2) THE OWNERS'
AGGREGATE LIABILITY UNDER THE AGREEMENT IS LIMITED TO THE NET AMOUNT RECEIVED
AND RETAINED BY THE OWNERS IN CONNECTION WITH THIS AGREEMENT.
5 SEVERABILITY, AMENDMENTS, DISPUTE RESOLUTION AND JURISDICTION
5.1 SEVERABILITY: You agree that the invalidity or unenforceability of any
provision of this Agreement shall not affect the validity or enforceability
of any other provision of this Agreement, which shall remain in full force and
effect.
5.2 EXCEPTIONS, AMENDMENTS AND MODIFICATIONS: You agree that any exceptions,
modifications or amendments to this Agreement must be expressed in writing
and approved by both You and the Owners, after which they become incorporated
as a whole into this Agreement.
5.3 DISPUTE RESOLUTION: You agree that any dispute arising under this Agreement
shall be mediated subject to the rules of the American Arbitration Association
at the branch office closest to Mariposa, California.
5.4 JURISDICTION: You and the Owners agree that any disputes arising out of
or in connection with this Agreement will be subject to the exclusive jurisdiction
of the Courts of Mariposa County, CA.
