Below is an abridged version of our short term vacation rental agreement. For a full version of this agreement, please contact our office at email@example.com.
SHORT TERM VACATION LICENSE AGREEMENT
This Vacation/Monthly License Agreement is entered into by and between Beachside Vacation Rentals and Guest. Guest`s payment of deposit, rent, or taking of possession of the vacation property after receipt of this agreement is evidence of Guest`s acceptance of this agreement and all of its terms.
1. PREMISES. This Agreement is entered into for the short-term occupancy of the property described in the reservation invoice.
2. TERM. The term of occupancy by a Guest is based on the agreed term listed in the reservation invoice. The term shall commence at 4:00 p.m. on the Check-in Date, and shall terminate at 11:00 a.m. on the Check-out Date.
3. OCCUPANCY LIMITS:
• Maximum Occupancy: The maximum occupancy for the Premises is detailed in Licensee’s reservation invoice and on the Beachside Vacation Rentals website.
• Additional Guests: Should Licensee wish to entertain or invite additional persons on the Premises, Licensee shall make a written request to Licensor no less than five (5) days prior to the Check-in Date. Licensee’s request may be denied by Licensor in Licensor’s sole discretion, and the lack of a response shall constitute denial. Under no circumstances shall any approved guests stay later than 10:00 p.m.
• Minimum Age: The person signing this agreement must be 25 years of age or older and must be one of the Licensees throughout the Term.
4. RATE/BOOKING CHARGES: As consideration for use of the Premises during the Term, Guest agrees to pay Licensor total booking charges listed in the reservation agreement.
5. DEPOSIT AND PAYMENT SCHEDULE:
• Initial Deposit: Guest shall pay an initial non-refundable deposit in the amount of twenty-five percent (25%) of the total Booking Charges at the time of booking (the “Initial Deposit”). Unless otherwise agreed by Licensor, the Initial Deposit shall be paid via Visa, MasterCard or Debit card (“Major Credit Card”). Guest understands that occupancy dates are not reserved or confirmed until Licensor receives the Initial Deposit.
• Remaining Balance: The remaining balance of the Booking Charges (the “Remaining Balance”) shall be due sixty (60) days prior to the Check-in Date. Guest agrees and acknowledges that the Remaining Balance will be automatically charged to Guest’s credit or debit card sixty days prior to the Check-in Date without further notice unless prior arrangements have been made in writing for payment by check, wire transfer or cash.
• Additional Payment Terms: If Guest’s reservation is made sixty (60) days in advance of the Check-in Date or less, the Booking Charges shall be paid in full via Major Credit or debit Card. In no event will Guest be given access to the Premises until the Booking Charges are paid in full and cleared by Licensor’s banking institution (and the full security deposit is received, if applicable).
• Method of Payment: By entering into this Agreement and providing Guest’s credit card information, Guest expressly authorizes Licensor to charge Guest’s credit or debit card as set forth herein, and acknowledges that any such payment(s) will be automatically charged without further notice to Guest. All payment(s) shall be non-refundable unless otherwise expressly provided herein. Guest will pay Licensor a charge of $30 for each returned/dishonored check. A processing fee of 2.75% will be included on reservations paid in full by credit card.
6. CHECK-IN / CHECK-OUT PROCEDURES:
• Check-In Procedures: Prior to arrival, Licensor will transmit to Guest instructions regarding obtaining access to the Premises. Upon entering the Premises, Guest agrees to follow all check-in procedures provided by Licensor, to call Licensor to confirm successful access, to examine the condition of the Premises, and to immediately notify Licensor in writing if the Premises or any of its contents are not in operating condition or are in disrepair. Licensor may contact Licensee or stop by the Premises within 24 hours of Licensee’s arrival.
• Check-Out Procedures: Guest shall review and comply with all check-out procedures provided by Licensor.
• Forgotten Items: Licensor shall not be responsible or liable under any circumstances for any personal belongings, valuables or other items forgotten at the Premises or left after check-out.
• Generally: Linens and bath towels are provided by Licensor. Internet access is password protected (with access code provided prior to/upon check-in). To the extent practicable, the Premises will be fully furnished prior to check-in. However, there shall be no refunds or discounts if any amenities are not available or are inoperable. Use of the Premises and all amenities shall be subject to the Waiver and Release of All Claims, Assumption of the Risk, and Indemnification (the “Release”) attached hereto as Attachment B, and incorporated herein by reference as though set forth in full.
• Food Left by Prior Guests: Please note, on occasion prior guests may have left partial containers of condiments, spices, etc. Licensor assumes no responsibility for the quality or contents of any food products left on the premises, and Guest’s use and/or consumption of same shall be at its own risk and the risk of any guests.
• Particular Amenities: Guest understands the Premises may not have all items Guest is accustomed to having in its own home. Any specialty or particular items Guest is accustomed to using should be brought by Guest or purchased locally.
• Missing Items: Guest shall be responsible for the actual cost to replace any supplied item that is missing after check-out, and such sums may be recovered through Guest’s security deposit protection plan or withheld from Guest’s security deposit, or charged to credit card or debit card on file, as applicable.
• Additional Items: Licensor may provide bicycles, boogie boards, sand toys, beach chairs, beach towels, umbrellas, or coolers for Guest to use while enjoying the local beach neighborhood. It is Guest’s responsibility to inspect and approve the condition of any such items upon check-in and prior to use. If items are lost or stolen during Guest’s stay, Guest will be held responsible, with repair or replacement costs recovered through Guest’s security deposit protection plan or withheld from Guest’s security deposit, as applicable. In the event that any such items are available, Guest agrees to abide by the terms and conditions contained in Attachments A and B.
• Barbeques/Fireplaces: Barbeque grills and fireplaces are not available in all vacation properties. If propane barbecues are supplied it is not Licensor’s responsibility to ensure they are filled. Any fire, smoke, or other damage shall be Guest’s responsibility.
• Pool/Hot Tub: If the Premises include a pool and/or hot tub, special instructions for safety and maintenance apply, and the failure to abide by these rules will result in charges to Guest’s damage deposit. If a pool/hot tub is improperly used and must be drained and refilled, extra maintenance costs will be charged against Guest's security deposit or credit card. Guest agrees to use the pool/hot tub in accordance with posted rules, to follow all provided maintenance guidelines, and to abide by the additional terms and conditions.
8. RULES AND REGULATIONS:
• Noise/Parties: The property being rented is either a condominium in a residential development or a house in a residential neighborhood. There may be people living nearby who are year-round residents, with many neighboring homes being owner-occupied. Excessive noise, rowdy behavior, loud music or other nuisances will not be tolerated by neighbors or Licensor. Quiet hours begin at 10:00 p.m., including on weekends and holidays, and are strictly enforced.
• Applicable Laws: Guest shall fully comply with all local, state, and federal laws while staying at the Premises, including, without limitation, all city ordinances. Guest acknowledges that it is Guest’s responsibility to know, understand, and abide by all such laws and regulations.
• Pets: No pets or animals are allowed on the Premises at any time.
• Smoking: Smoking is not permitted in the Premises or on the balconies, courtyards, surrounding areas, patios and yards of the Premises.
• Condominium/HOA Rules: If the property is a condominium, or is subject to the rules of any HOA or any other similar restrictions, Licensee agrees to abide by any and all applicable rules and regulations including, without limitation, rules regarding noise, odors, disposal of refuse, parking, and use of common areas.
• Standard Rules & Restrictions: The standard rules and restrictions applicable to the Premises (including those applicable to pets, smoking, etc.) are listed in full in our complete rental agreement.
9. CANCELLATION / REFUND POLICY:
• Cancellation: There are NO refunds on initial deposits and final payment once reservation is made and paid for. Refunds on initial and/or final payments are ONLY returned if unit is re-rented. There are no refunds or credits for unused lodging. Cancellations must be made in writing to and verified in writing by Property Manager to be valid.
• Unavailability: Guest acknowledges that any number of events or circumstances may preclude Licensor from delivering possession of the Premises to Guest, including, without limitation, sale, foreclosure, fire, mandatory evacuation, acts of nature, construction delays, enactment or enforcement of restrictions on short-term or vacation rentals, governmental action, actions taken by HOAs or similar associations, or any other similar circumstances.
• Limitation of Liability: In the event Licensor is unable to deliver possession of the Premises, or is precluded from doing so for any reason, Licensor shall not be liable for any costs, expenses, or damages of any kind incurred by Guest. In such an event, Guest agrees that Licensor's sole liability shall be limited to a full refund of all payments received from Guest.
• “As Is” Rental: Chances are that Guest is reserving the Premises without having first viewed them in person. While the Premises have generally proven satisfactory to previous guests (except in the case of new vacation rental properties), Guest understands it is renting the Premises on an “as is” basis.
10. VACATION RENTAL INSURANCE: There shall be no refunds of any kind due to shortened stays or ruined expectations because of weather conditions or other unforeseen circumstances due to financial, health or family emergencies, and Licensee confirms that it has reviewed and understands the cancellation/refund policy set forth above. To protect Your vacation investment (including the Initial Deposit) Licensor recommends CSA travel insurance available through Licensor. 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. Licensor strongly recommends that Guest purchase this valuable protection. Please email us at firstname.lastname@example.org or call us at (800) 408-1822, extension 1 for additional information. Guest understands that certain terms and restrictions apply, and that it must consult the actual policy for full details and to understand the scope and limits of coverage.
By not purchasing this insurance Guest is declining coverage.
11. SECURITY DEPOSIT PROTECTION: Licensee agrees to be included in a security deposit protection plan (accidental damage waiver) provided through Licensor for a non-refundable fee listed in reservation invoice if a security deposit is not provided. Licensee shall also provide a valid Major Credit Card in addition to this fee for items not covered under the accidental damage protection plan. This plan must be purchased prior to arrival.
12. CLEANING: The Premises will be cleaned prior to Guest’s arrival, and after departure. Guest’s rental fee provides for typical cleaning requirements. If additional cleaning is required, Guest shall be responsible for the costs thereof.
13. ENTRY AND INSPECTION: Both Licensor and the owner of the Premises (or its representatives) shall have the right to enter the Premises at any time (i) to enforce the terms of this Agreement; (ii) in case of emergency; (iii) to verify that the terms of this Agreement are being met; (iv) to exhibit the Premises to prospective or actual purchasers, renters, workman, repairmen, guests, or contractors; or (v) when Guest has abandoned or surrendered the Premises. While Licensor will engage in reasonable efforts to notify Guest beforehand, no prior notice shall be required and Guest’s non-permission shall not preclude entry.
14. MEDIATION: Licensee and Licensor agree to mediate any dispute or claim arising between them out of this Agreement before resorting to court action, unless the amount in controversy is within the jurisdiction of the Small Claims Court in Orange County, California. The mediation shall take place in Orange County before a neutral with either JAMS or Judicate West. Mediation costs/fees shall be divided equally among the parties. If, for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, that party shall not be entitled to recover attorneys’ fees, even if they would otherwise be available to that party in any such action. Notwithstanding the foregoing, a party may initiate legal action without participating in mediation (and may recover attorneys’ fees incurred in the litigation if it is the prevailing party) to the extent it seeks immediate injunctive relief in good faith. Notwithstanding any provision herein to the contrary, Licensor (or the owner of the Premises) may have Guest removed from the Premises by local law enforcement for any alleged violation of this agreement.
15. NO ASSIGNMENT/SUBLEASE: Licensee may not assign this Agreement or sublet the Premises or any portion thereof without prior written consent of Licensor. This Agreement may be assigned by Licensor, including, without limitation, to another management company or to the owner of the Premises.
16. NOTICES: Except as otherwise expressly provided herein, any notices to be given by either party to the other shall be in writing and shall be transmitted by either (1) personal delivery, (2) certified mail return receipt requested, (3) overnight delivery, or (4) facsimile with receipt confirmation and additional copy sent via regular mail, postage prepaid, as set forth below. Each party may change the address or facsimile number provided by giving written notice in accordance with this Paragraph. In the event of mailing, notice shall be deemed given on the 3rd day after deposit; otherwise notice shall be deemed given upon receipt (unless received after 5:00 p.m., and in such case, notice shall be effective on the next succeeding work day).
17. MISCELLANEOUS. For other miscellaneous terms and conditions please see the full version of our rental agreement.
Licensee acknowledges that Licensee has read, understands, accepts and has received a copy of this Agreement in its entirety and the Attachments hereto. Licensee agrees that all funds paid to Licensor are non-refundable under the cancellation/refund policy unless otherwise expressly provided herein.