Romantic and charming beachfront cottage home offers exquisite style and sophistication. Fully stocked kitchen with top of the line appliances and bar countertop, 2 large decks for entertaining, jacuzzi and outside shower. Endless coastline views.
BY MAKING A RESERVATION, YOU ARE SIGNING OFF ON THE FOLLOWING AGREEMENT:
This Short-Term Rental Agreement (the “Agreement”) is made between YOU (hereinafter referred to as “Renter”) and Owner. Owner agrees to rent to Renter the above referenced property (hereinafter referred to as “Rental Property”), under the following terms and conditions:
1.TERM: This agreement shall commence on the Check-in date and terminate on the Check- out date. Check-in time is 4:00pm and check-out time is 10:30am, unless other arrangements are made.
(URL HIDDEN) FEE/TRANSIENT TAX: These are all being handled and paid through Airbnb.
3.SECURITY DEPOSIT/DAMAGES: A refundable $2,000 deposit will be required to protect Owner against damage or theft to the property. The security deposit is being held by Airbnb and is not paid directly to Owner unless Owners makes a claim. All or any portion of the security deposit may be used, as reasonably necessary in Owner’s discretion, to (i) repair damage, excluding ordinary wear and tear, caused by Renter or by a guest of Renter to the Rental Property, and (ii) repair or replace property taken or lost by Renter or by a guest of Renter (including boogie boards, paddleboards, beach chairs, surfboards, etc). Owner will furnish Renter with an itemized statement indicating the amount of any security deposit being retained and the basis for its retention and any supporting documentation. Renter agrees to leave the Rental Property in a reasonably clean condition such that no extraordinary housekeeping (e.g. professional couch or carpet cleaning) will be required after Renter’s departure. If extraordinary housekeeping is required, additional cleaning fees will apply and shall be deducted form the security deposit.
4.IDENTIFICATION: Upon confirmation by Airbnb of Renter’s reservation, Renter agrees to provide to Owner a copy of Renter’s official identification (e.g. a state or county issued passport, driver’s license, or photo identification card) and the names of all persons staying at the Rental Property during the Term. The name of the person executing this Agreement must match both the name of the identification provided to Owner and the name on the credit card provided to Airbnb.
5.MAINTENANCE AND REFUNDS: Owner will make every effort to assure that the appliances in the Rental Property are in operating condition. Renter will report any problems with the Rental Property (if any) as soon as they are discovered. Owner will make every effort to correct the problem as soon as practicable; however, at times Owner must wait for outside service vendors and/or parts. Refunds will not be made for inconvenience due to mechanical failure of appliances or the hot tub.
6.MAXIMUM NUMBER OF PEOPLE: The maximum number of overnight guests at the Rental Property is four (4). At no time shall there be more than twelve (12) people on the Rental Property without the prior approval of Owner.
7.CANCELLATIONS: Owner and Renter may cancel this Agreement subject to the following terms. If Renter cancels the reservation more than sixty (60) days prior to arrival, Renter will receive a full refund of all funds paid by Renter to Owners. If Renter cancels 30-60 days prior to arrival, Renter will receive a 50% refund of all funds paid by Renter to Owners. There will be no refund of payment if Renter cancels less than thirty (30) days prior to arrival, unless Owner can rebook the cancelled days, in which case Owner will refund to Renter that amount equal to the amount paid by the new renters during the Term. The tax and refundable security deposit will be refunded if Renter does not check in. All Airbnb service fees are nonrefundable. Non-payment of the deposit or balance due for reasons of non-sufficient funds will constitute a cancellation. No refunds will be given for late arrivals, or early departure after the Rental Property is already occupied. In the event of termination by Owner prior to commencement of the Term, all funds paid by Renter to Owner shall be returned to Renter. In the event of termination by Owner during the Term (e.g. if Renter breaks the no party rule and Owner asks Renter to leave), all funds paid by Renter to Owners shall be returned to Renter less rent for any nights that Renter actually stayed at the Rental Property, the transient tax on such nights, the cleaning fee, and any damage caused by Renter that is covered by the security deposit. Apart from the foregoing, Owner shall not be responsible or liable for any amounts, damages, costs or expenses incurred by Renter in connection with termination of this Agreement.
8.HOUSEKEEPING SERVICES: The cleaning fee covers general cleaning of the Rental Property before Renter’s arrival and upon Renter’s departure. There are no additional housekeeping services during the Term. If Renter would like additional housekeeping, please notify Owner and it will be arranged at an additional cost.
9.PETS: Only dogs are permitted on the Rental Property and only with the prior approval of the Owner. Renter and Renter’s guests are responsible for cleaning up all dog waste on the beach. Dogs are not allowed on furniture at any time. Any evidence of pets on furniture (paw marks, dog hair, etc.) will incur extra cleaning fees.
10.UTILITIES: Owner agrees to pay for all utilities and services during the Term except for any extra charges incurred by Renter for TV (e.g. pay-per-view) and/or telephone (e.g. long distance or collect).
11.NO SMOKING: No smoking is allowed in or around the Rental Property.
12.WATER AND SEPTIC: The Rental Property is on a septic system. The septic system is very effective, however, it will clog up if improper material is flushed. DO NOT FLUSH anything other than biodegradable toilet paper. No feminine products, paper towels, tissue paper, paper hand towels, etc. should be flushed at anytime. If it is found that any of said items have been flushed and clog the septic system, funds may be withheld from the security deposit to unclog/repair the system.
(URL HIDDEN) NOISE DISTURBANCES: No parties (defined as being more than 12 people) are allowed on the Rental Property. Renter recognizes that the property is in a residential neighborhood and that other tenants and neighbors have a right of quiet enjoyment. Renter agrees to keep the volume of any guests, stereo, television, or musical instrument sufficiently reduced so as not to disturb nearby residents, in accordance with local noise ordinances. Owner has the right to terminate this Agreement and evict Renter for any nuisance/noise violation if such noise continues after the first warning.
14.OWNER’S ENTRY: Renter shall make the Rental Property available to Owner or Owner’s representative for the purpose of entering to make necessary or agreed repairs, alterations or improvements, to supply necessary or agreed services or to show the property to prospective tenants.
15.WEATHER AND OTHER CONDITIONS: There shall be no refund of rent due to shortened stays or ruined expectations because of weather or beach/sand conditions. Tide and surf conditions affect the level of sand and number of rocks on the beach and Owner cannot and does not guarantee the condition of the beach at any given time. There will also be no refunds for other conditions, such as flooding, road blockages/closures, or any other man-made or natural disasters. Additionally, Owner have no control over the goings-on at neighbor’s properties (e.g. parties) and no refund will be given for such activity.
16.SUBLET: Renter may not sublet the Rental Property or assign this Agreement. Any such sublet or assignment will be null and void.
17.LOST, STOLEN OR ABANDONED ARTICLES Owner shall not be responsible for any lost, stolen or abandoned items.
18.USE: Renter must leave the Rental Property in a reasonably clean condition. All doors and windows must be closed and locked. Rental Property shall be used only in a legal manner that complies with federal, state, county and municipal laws and ordinances. Renter shall not use Rental Property or permit it to be used for any disorderly or unlawful purpose or in any manner so as to interfere with other residents’ quiet enjoyment of their residence. Any misuse described above shall result in termination of this Agreement and no refund of any payments will be issued.
(URL HIDDEN) LIMITATION OF REMEDIES: Renter hereby agrees, on behalf of Renter and on behalf of Renter’s guests, to indemnify and hold harmless Owner (and each of his heirs, assigns, agents, and employees) from and against any and all claims, actions, costs, expenses, losses, and damages (collectively, “Claims”) related to or arising from (i) this Agreement and/or (ii) use of the Rental Property and items and equipment at the Rental Property. The foregoing release will include without limitation any claims of personal injury and property damage, regardless of the nature of the claim, accident, injury or loss. Notwithstanding anything to the contrary contained herein, Owner shall not be liability for any consequential, incidental, punitive, special, exemplary or indirect damages, or lost profits in connection with Claims made by Renter or Renter’s guests, or any other party, in connection with (i) this Agreement or (ii) use of the Rental Property. Renters and Renter’s guests’ sole remedy in the event of any breach by Owner of this Agreement shall be strictly limited to a right to recover actual monetary damages, if any, in an action at law, and Renter hereby waives (on behalf of Renter and Renter’s guests) any right or remedy in equity. The amount of any such damages shall not exceed the total amount paid by Renter to Owner hereunder. Any disputes arising under this agreement shall be mediated subject to the laws of the State of California.
(URL HIDDEN) ATTORNEY’S FEES: Renter expressly recognizes that any insurance for property damage or loss that the Owner may maintain (if any) on the Rental Property does not cover Renter, Renter’s guests, or the personal property of Renter or Renter’s guests, and Renter must purchase his/her own insurance if such coverage is desired. In the event of any legal dispute that arises out of or related to this Agreement, the prevailing party in such dispute shall be entitled to reasonable attorney’s fees and costs associated with such dispute.
21.CHOICE OF LAW / ENTIRE AGREEMENT: This Agreement shall be governed by the laws of the state of California. Renter (and each of them) hereby agrees to exclusive jurisdiction (including personal and subject matter jurisdiction) in the state courts of California, with exclusive venue in the county of Los Angeles. This Agreement constitutes the entire agreement between the parties hereto, and supersedes and replaces any prior or contemporaneous oral or written understandings or agreements between the parties.
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