Terms and Conditions

Terms and Conditions of Vacation Rentals

In consideration of the monies received and the mutual promises contained herein, the Manager (Manager) of the subject property hereby agrees to give a license to use the Property to the undersigned, (herein referred to as Guest), on the property and dates described on the reservation form and in the confirmation e-mail, under the conditions stated herein.

Advance Payment: Guest agrees to pay Manager an Advance Payment in the amount specified on the reservation form and in confirmation e-mail. Advance payment is used to secure the property for reservations and is due at the time the reservation is made.
Final Payment: Guest agrees to pay Manager the final payment on the date due and in the amount specified on the reservation form and in confirmation e-mail.
Cancellation Policy: A 25% cancellation fee will be applied to all reservations. For cancellations received within 60 days of arrival or after arrival date, all payments will be retained. If the subject property can be re-rented, a pro-rated refund will be issued less the 25% cancellation fee.
Security Deposit: Guest agrees to pay Manager a security deposit in the amount specified on the reservation form and in the confirmation e-mail. A credit card authorization form must be completed and returned along with the required copy of the front and back of the credit card being used. No reservations are considered definite until these documents has been received. The credit card authorization serves as the security deposit and agreeably would  be charged in the event of breaking of this signed terms and conditions document, unpaid charges and or fees as well as any city nuisance or other violations. Guest agrees to pay Manager the amount of actual damages to the Property arising from use of the Property, as well as for missing items, excessive clean-up and, if necessary, the cost incurred in removing Guest from the Property.

Check in: Check in begins at 3:00 PM on the Arrival Date specified on reservation form
Checkout: Checkout is NO LATER than 10:00 AM on the Departure date.
Smoke Detectors: Guests are to report inoperative smoke detector(s) to Manager. Property Inspections: All problems, including inadequate cleaning and damage, must be reported in writing to Manager within 24 hours of check in for prior guest to be held responsible.
Notification: It is Guest's sole responsibility to inspect the Property upon arrival. In addition to inspecting the smoke detectors        
Manager reserves the right to enter premises at any time for the purpose of effecting necessary inspections, repairs or maintenance.
Guest agrees to inspect the entire Property to ensure that it is free of hazards and properly equipped. Properties are not equipped for the elderly or handicapped. Guest assumes the entire risk of injuries arising from use of the Property. Guest will ensure that the Property has a secure shower or bathtub mat, and that the Guest takes reasonable measures to prevent slips in the bathroom, on staircases, steps, on balconies and throughout the Property. Guest agrees to take a higher degree of care in the use of the Property because of the location, structure and it is part of this agreement.

Occupancy: The maximum number of occupants allowed in the Property is specified in the reservation. Children over the age of 3 are counted.   ___________INITIAL HERE      

Overcrowding or misrepresentation is grounds for immediate revocation of the license to the Property and removal of Guest(s) without refund. The Guest is the person who will occupy the Property. Parents may not book Properties for their children. The Guest must be present at the Property for the time of the reservation and take full responsibility for the Property. Small children are the responsibility of the Guest. Children should not roam free on balconies, climb on furniture, hang out of windows, or engage in other perceivably dangerous or unsupervised activities. ____________INITIAL HERE

THE PURPOSE OF OUR RENTAL:____________________________________________________________

Use is at your own risk. Guest takes full responsibility for all lost or broken items and any damages to the Property of any and all kinds.
Restrictions on Property Use: Guests are prohibited from engaging in any unlawful activity or any other activity that constitutes a nuisance. Violation of this provision will result in immediate eviction without refund, and Guest will be held liable for any damages to the Property, contents and grounds as well as forfeiting the security deposit
No Pets are allowed on the property at any time. Violation of the "No Pets" stipulation is grounds for immediate removal without refund, unless expressly agreed upon in the written agreement.
Smoking Prohibited: All properties are nonsmoking p and any form of smoking is prohibited inside the properties. A $500 dollar fee will be assessed to the credit card on file if smoking, ashes or the smell of smoke has occurred inside of the premises
Personal Property Loss: Manager is not responsible for any loss or damages whatsoever due to the loss, theft or damage to Guest's personal property or to personal property owned by Guest's visitors including any vehicles  whether owned, leased or rented.
Subletting and Assignment: Guest may not sublet, sub-license or otherwise grant any rights to the Property to include no outside services.
Any and all services are arranged through San Diego Resort Rental Services.
Twenty or more guest is considered a party requires staffing to protect the guest safety, community and the integrity of the property itself.
Property Use: The Property may not be used for any activity in violation of local, state or federal laws, or  California Insurance rules and regulations.
The Guest agrees that the property will be used for the purposes agreed  upon in the written reservation agreement. Any violation of this can constitute immediate evictions.

Attorney's Fees: If Manager consults legal counsel or a professional collection service for collecting any amounts due to Manager under this Agreement, Guest shall be responsible for all costs of litigation and/or collection in case of such, including actual attorney's fees.
Limitations on Rental: Manager will not be liable for circumstances beyond their control, including but not limited to appliances or air-conditioning/heating failure, other mechanical failure, unfavorable weather, disruption of utility  services including cable television, etc.
There will be no relocation, rental pro-ration or refund in the event of such
circumstances. In the event Manager is unable to deliver the Property to Guest because of property sale, property  Manager decision, fire, mandatory evacuation, eminent domain or Acts of Nature, or if the property is unavailable  because of construction delays or lack of utilities, Guest agrees that Manager's sole liability, as a result of any of these conditions, will be a full refund of all payments tendered by Guest.
Guest expressly acknowledges that in no event will Manager be held liable for any other condition out of the control of the Manager, or for any incidental or consequential damages, including but not limited to, expenses that result from moving or for any other losses.
Tenancy: The Guest acknowledges that this is NOT a tenancy for the Property. The Property is not rented for more than 30 days and is taxed and treated as a transient occupancy, akin to hotel accommodations. Property laws do not apply to the license granted herein, and the Guest may be removed as a trespasser immediately upon termination of this license.

Often a Guest is scheduled to begin a vacation in the Property on the same day as the checkout day of another prior Guest. If Guest stays even one additional  hour Manager would face significant logistical problems with the next Guest, including possible liability. As such, Guest agrees to vacate immediately on the checkout day at 10:00 a.m. Failure to do so will entitle Manager, in addition to all other remedies available to it, to have Guest ejected by law enforcement as trespasser and to physically remove Guest and all of Guest's possessions from the Property (for which Guest hereby grants permission and consent) and  to  do so would be violating these terms and conditions and therefore loose the authorized deposit.

Indemnification: Guest agrees to release Manager from and against all liability should anyone be injured upon the premises during the term of occupancy resulting from any cause whatsoever, except in the case of personal injury caused by willful gross negligence on the part of the Manager.
Governing Law: The terms and conditions stated herein will be interpreted by and governed under the laws of the State of California and any action arising out of this agreement shall be litigated in the State of California. Attorney’s Fees: In the event of any action or proceeding commenced by any party, the prevailing party in such action or proceeding shall be entitled to recover from the other party all cost and expenses thereof, including actual attorney's fees and cost. Invalid Provisions: If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof; and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance hereof. Furthermore, in lieu of such illegal, invalid or unenforceable provision there shall be added automatically as a part of the Agreement a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and still be legal, valid or enforceable.

This Agreement sets forth the entire understanding of the parties and supersedes all prior agreements or understandings, whether written or oral, with respect to the subject matter hereof. No amendment or modification hereto shall be binding unless made in writing and signed by the parties hereto. Waiver: The waiver by either party hereto of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of a  subsequent breach of same provision by any party or of the breach of any other term or provisions of this Agreement.

To Consider Reservations Definite San Diego Resort Rentals must receive the following:
1. Signed terms and Conditions
2. Signed Credit Card Authorization Form
3. Front and back copy of the credit card being used.
4. Copy of your valid Drivers License Email to the sales department, or fax them to our office @ 858-273-5319

Agreed and Accepted: _______________________________________________
                                                                                                                Guest Date
Agreed and Accepted: _______________________________________________
                                                                                    SD Resort Rentals Rep Date

San Diego Resort Rental Services: PO Box 7343 San Diego CA 92167

Office: 858-273-5344 Fax: 858-273-5319