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VACATION/SHORT-TERM RENTAL AGREEMENT -- TERMS AND CONDITIONS

THIS RENTAL AGREEMENT – TERMS AND CONDITIONS IS A LEGALLY BINDING AGREEMENT.  READ IT CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS AND LIABILITIES CONCERNING YOUR VACATION RENTAL.

DEFINITIONS:

“Agreement” means this Short-Term Rental Agreement – Terms and Conditions;
“You,” “Your” or “Guest(s),”means the person whose name is on the reservation and who accepts this Agreement and any persons that are allowed to enter the Property with Your consent, such as an invitee;
“Property” means the vacation rental which You have selected and reserved for Your vacation stay and, in the case of a condominium or townhouse unit, includes all useable common areas and, in the case of a single family residential unit, includes the yard, landscaping, fences and all other improvements in any way connected with or a part of the main residential unit;
“We,” “Our” and “Us” means the owner of the Property, Marine View Management, and any of their employees, consultants and third-party vendors that work with or on the Property or with Marine View Management. 

NATURE OF RELATIONSHIP:

You acknowledge that You are renting the Property on a short-term basis for vacation purposes only and acknowledge that You are Our licensee and not a “tenant” , and that You are not acquiring any interest in the Property.

RESERVATIONS:

Reservations made on-line are subject to Marine View Management’s verification and approval. On-line rates are subject to change without notice until confirmed with Us.  Should there be any issues with the reservation, You will be contacted within forty-eight (48) hours.

ARRIVAL AND DEPARTURE:

The Property will be available for occupation from 4:00 p.m. on the arrival date and must be vacated by 11:00 a.m. on the date of departure.  Arrival and/or departure times may be altered only with Our written consent at least twenty-four hours in advance of the arrival and/or departure time.  Additional fees may apply for early arrival or late departures.

AUTHORIZED USE AND GUESTS:

The Property is for Your sole use as a personal vacation residence by not more than the number of adults and children which You have registered.  No other overnight Guests are permitted without Our written consent.  If the Property is used, in any way, by more or different persons than You and the Guests whom are registered with us, then You and those persons may be required to immediately leave the Property or be removed from the Property.  In such a case, You will be deemed in breach of this Agreement and You will forfeit Your right to the return of any security deposit.

PAYMENTS DUE; LATE CHARGE:

If any payment due is not received by the applicable payment due date, then we may either terminate this Agreement and refund to You all payments, except the reservation fee, and impose a late charge of $100.00. 

DAMAGE PROTECTION:

Your reservation includes Vacation Rental Damage Protection that covers unintentional damages to the rental unit interior that occur during your stay, provided they are disclosed to management prior to check-out. The policy will pay a maximum benefit of $3000. Any damages that exceed $3000 will be charged to the credit card on file. If you damage the real or personal property assigned to your rental accommodation during the trip, the Insurer will reimburse the lesser of the cost of repairs or the Actual Cash Value of the property, up to $3000. 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/G010VRD).  The Vacation Rental Damage Protection 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 Marine View Management, Inc. any amount payable under the terms and conditions of the Vacation Rental Damage.  Please contact Marine View Management, Inc. directly if you do not wish to participate in this plan or assignment.

CANCELLATIONS/TRAVEL INSURANCE:

All guest cancellations made more than (60) days before the arrival date are subject to a cancellation fee of 10% of the rent amount. Cancellations made within (60) days of the arrival date, would result in the forfeiture of all payments made, unless the property is re-rented and confirmed at the same rate for each night of the cancelled dates. Refunds of re-rented nights will not be determined until after the departure date of the original reservation. In the event of a re-rental, a cancellation fee of 10% of the initial rent amount will be assessed.
CSA Vacation Rental Insurance has been offered at the cost of 6.95% of the rent amount. 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 strongly recommend you purchase this valuable protection. If declined, you acknowledge you have read and understand our cancellation policy and choose not to purchase Vacation Rental Insurance on behalf of all occupants.

HOLDING OVER:

You agree there shall be no holding over or late departure without Our prior written approval.  Any unauthorized holding over by You shall be subject to a charge of 150% of the daily rent, plus all additional damages incurred, including but not limited to, the cost of alternative housing for other guests displaced by Your holding over.  Late check-outs will be charged $50.00 per hour for each hour following the designated departure hour.

CLEANING:

Your Property will be professionally cleaned before and after Your visit.  Your cleaning fee will cover this charge after You vacate.  Should cleaning costs exceed the standard cleaning fee or Your deposit amount, You agree to pay such additional costs. 

NO PETS:

Pets are not allowed.  If an unauthorized pet is on the Property, (i) You are responsible for all damage caused by the pet; (ii) You may be required to immediately leave the Property or be removed from the Property; (iii) You will be deemed in breach of this Agreement; and (iv) You shall forfeit Your right to the return of any security deposit.

NO SMOKING:

No smoking is allowed on the Property.  If smoking does occur on the Property:  (i) You shall be responsible for all damage caused by the smoking and for all cleaning and odor removal; (ii) You and all other persons may be required to immediately leave the Property or be removed from the Property; (iii) You will be deemed in breach of this Agreement; and (iv) You shall forfeit Your right to the return of any security deposit.

CONDITION OF PREMISES:

You shall, on arrival, examine the Property, including without limitation, all furniture, furnishings, appliances, fixtures and landscaping, if any, and shall immediately report in writing if any are not in operating condition or in disrepair or otherwise damaged.  Reporting on the foregoing shall not give You the right to cancel this Agreement or to receive a refund of payments made.

MOLD AND VENTILATION NOTIFICATION:

Except as may be noted at the time of Your move-in inspection, You agree that the Property is being delivered free of known damp or wet building materials (“mold”) or mildew contamination.  You acknowledge and agree that:  (i) mold can grow if the Property is not properly maintained; (ii) if moisture is allowed to accumulate, it can lead to the growth of mold; and (iii) mold may grow even in a small amount of moisture.  You further acknowledge and agree that You have a responsibility to maintain the Property in order to inhibit mold growth and that Your agreement to do so is part of Your material consideration in Our agreement to rent the Property to You.  Accordingly, You agree to:  (i) maintain the Property free of dirt, debris and moisture that can harbor mold; clean and dry any visible moisture on widows, walls and other surfaces, including personal property, as quickly as possible; (ii) use reasonable care to close all windows and other openings in the Property to prevent water from entering the Property; (iii) use exhaust fans, if any, in the bathroom(s) and kitchen while using those facilities and notify Us of any inoperative exhaust fans; (iv) immediately notify Us of any water intrusion, including but not limited to, roof or plumbing leaks, drips or “sweating pipes”; (v) immediately notify Us of any significant mold growth on surfaces in the Property; (vi) allow Us to enter the Property to make inspections regarding mold and ventilation; and (vii) release, indemnify hold harmless and forever discharge Us and Our employees, agents, successors and assigns from any and all claims, liabilities or causes of action of any kind that You, members of Your household or Your Guests may have at any time against Us or Our agents resulting from the presence of mold on the Property resulting from Your failure to perform Your covenants under this Agreement.

UTILITIES:

We will pay for all utilities except long-distance phone, TV, movie and internet charges beyond Our service regularly provided.  For monthly or longer stays, You may be required to pay for some utility charges.

RULES AND REGULATIONS:

You agree to comply with any and all rules and regulations that are at any time posted on the Property or delivered to You.  You shall not, and shall insure that all Your Guests shall not engage in disruptive or dangerous activities which cause annoyance or danger to adjacent units, Property or other persons or which disturb the peace.  Further, You shall not use the Property at any time for any commercial or unlawful purpose, including but not limited to any business or illegal activities, or activities which violate any law or ordinances.  You shall not commit waste or create a nuisance on or about the Property.

CONDOMINIUM:

If the Property constitutes a unit in a condominium townhouse complex or other development governed by a homeowners association (“Association”), You agree to comply with all rules and regulations, covenants, conditions, restrictions, bylaws, and decisions (“Rules”) of the Association and shall reimburse Us for any fines or charges imposed by the Association or other authorities due to any violation by You or any of Your Guests of said Rules.

MAINTENANCE:

You shall properly use, operate and safeguard the Property, including if applicable, any landscaping, furniture, furnishings, appliances and all mechanical, electrical, gas and plumbing fixtures and keep them clean and sanitary.  You shall immediately notify Us of any problem, malfunction or damage.  You shall be responsible for the payment of all repairs or replacements caused by You or Your Guests, excluding ordinary wear and tear.  You shall pay for all damage to the Property as a result of a failure to report a problem, malfunction or damage in a timely manner.  You shall pay for repair of drain blockages or stoppages unless caused by defective plumbing parts or tree roots invading sewer lines.  If the Property is equipped with an automatic garage door opener or openers, it will be in good working order at the time of Your occupancy.  If damage occurs to the garage door, door sensors or any of its mechanical or motorized parts causing a malfunction of normal operation, You shall immediately report this to Us and pay for any damages caused by You or Your Guests.  Further, You agree to hold Us harmless and to indemnify Us from any and all claims of damage to person or Property in any way connected with Your failure to perform any of Your obligations under the provisions of this paragraph, including without limitation, injuries or damages from garage doors to persons personal property or vehicles.

ALTERATIONS:

You shall not make any alterations in or about the Property or move furniture or relocate any items of personal property without securing Our written consent in advance.

ENTRY:

We shall have the right to enter the Property at any time for the purpose of verifying that You are in full compliance with the terms of this Agreement, or in the case of emergency, for the purpose of making necessary or agreed repairs, improvements or maintenance.

UNAVAILABILITY:

If for reasons beyond Our reasonable control the Property is unavailable, then We reserve the right to substitute a comparable property or cancel this Agreement and refund in full to You payments made.  Under no circumstances shall We be responsible for any damages which in any way relate to said unavailability and in all cases, Our damages shall be limited to an amount equal to a refund of payments made by You to Us.

TERMINATION OF OCCUPANCY:

Upon the termination of Your stay at the Property, You shall:  (i) vacate the Property and surrender it to Us empty of all persons; (ii) vacate any and all parking and/or storage space; (iii) redeliver the Property to Us in the same condition, less ordinary wear and tear, as received upon arrival; and (iv) return to Us as directed all keys or opening devices to the Property, including any common areas and all garage door openers and related equipment.

PERSONAL PROPERTY AND INJURY:

Insurance: We do not carry any insurance for Your benefit, the benefit of Your family or Your other Guests, nor do We carry insurance relating to any of Your personal property.  We recommend that You carry or obtain insurance to protect You, Your Guests and all such personal property from any loss or damage.

Indemnity and Hold Harmless: You agree to indemnify and hold the owner of the Property, Marine View Management and their employees, consultants and third-party vendors and agents from all claims, disputes, litigation, judgment, costs and attorneys’ fees resulting from loss, damage or injury to You, Your family and Guests or their personal property in any way connected with the Property or Your stay at the Property.

KEYS AND GARAGE DOOR OPENER:

You will receive two keys to the Property and one garage door opener, if the Property has an automatic garage door opener.  After We receive payment in full from You, we will provide information on key pick-up.  All keys and garage door openers shall be returned to Us or You will be charged $25.00 for each lost key and $100.00 for each lost garage door opener.

SURROUNDING AREA:

The area adjacent to the Property commonly referred to as the South Bay, is a thriving community with many private and public projects underway.  We are not aware of every project and its progress and cannot make any guarantees about noise, potential service interruptions or other unforeseen events which relate to the development or construction of such projects.  It is not Our policy to either cancel or refund payments made as a result of the aforementioned problems.

REMEDIES:

If for any reason You hold over without Our prior written approval and fail to vacate the Property as provided in Paragraph 21 of this Agreement, then in addition to all other rights and remedies, We shall have the right to treat You as a tenant and prosecute an unlawful detainer action for the purpose of evicting You and all other persons on the Property.  In such a circumstance, in addition to all other damages to which We are entitled, the prevailing party in any such action shall be entitled to recover all legal fees and costs together with the fees and costs of all expert witnesses.