NEW GUESTS: DOWNLOAD, SIGN & RETURN RENTAL AGREEMENT BEFORE BOOKING
The vacation rentals we represent are typically second homes owned by individuals who also use them as a vacation home. These homeowners have made them available to share with responsible groups that will treat the home and neighborhood with respect. While many of our guests are on vacation, the full-time residents that live nearby are not. In order to maintain the top quality of our homes and the peace and quiet of our neighborhoods, all occupants must adhere to the following terms and conditions. Certain homes have additional restrictions so Please contact or message us in advance of booking to make sure this home and our policies are compatible with your group and intended use. Thank you in advance for your understanding.
Directions to the check-in office are emailed to you when final payment is received. Every effort is made to have each home ready by check-in time, but no guarantee is made as to the exact time of occupancy. Housekeeping and maintenance personnel must provide services between occupancies for each home in order to prepare the home for incoming guests. Sometimes, due to unforeseen circumstances, housekeeping and/or maintenance services may not be completed by your 4pm check-in time.
This situation rarely occurs, however, we apologize in advance if the is situation happens to you. If the Availability Calendar for a home or cottage shows that Early Check In or Late Check Out is available, please note that early check in time will be at 3:30pm if and only if the reservation agent you call at 208-663-5124 states that it is available. TO CHECK IN EARLY, YOU NEED TO CALL 208-775-3328 THE DAY OF YOUR ARRIVAL TO CHECK THE CURRENT STATUS. CHECKING OUT LATE ALSO REQUIRES YOU TO CALL 208-399-5428 THE DAY OF YOUR DEPARTURE TO CHECK THE STATUS. THANK YOU
**PLEASE NOTE** Due to the nature of last-minute bookings and the cleaning schedule, EARLY CHECK-IN IS NOT AVAILABLE. However, you will be notified the morning of your arrival as soon as the unit is confirmed cleaned and ready for check-in. LATE CHECK-OUT IS NOT AVAILABLE as the cleaning service will arrive shortly after the 10am check-out time (usually by 10:30am) to prepare the condo for the next guests.
Please return your keys to the lock box. If no keys, please lock the door on the keypad behind you.
Quoted rental rates include standard cleaning and are subject to change without notice. Only a completed contract locks in your rate. Reservations are also subject to additional fees for reservation processing (currently $60), limited accidental damage waiver protection (currently $50) and City of San Diego Hotel Tax (currently set at 10.5% of your booking total).
DAMAGES TO RENTAL PROPERTY:
In the event of accidental damage to the property, please report it immediately to a vacation rental agent. If it is determined that no intentional, reckless or grossly negligent conduct was involved, Penny Realty will cover damages as needed up to $1,500. Any amount that exceeds $1,500 will be the responsibility of the vacationer. Damages must be reported immediately in order for Rent Mission Beach to cover any accidental damages. Damages found after check-out are not covered by Rent Mission Beach and pet damage is always the responsibility of the vacationer.
If for some reason the rental unit is unavailable (fire, flood, etc) Mission Bay Vacation Rentals will try to place the renters in a comparable unit, if that is not possible, all monies will be refunded.
CLEANING SERVICE FEE:
THERE IS A NON-NEGOTIABLE $195 CLEANING FEE FOR EVERY STAY
Cleaning & Linen Service Policy: Cleaning services are provided by Executive Cleaning & Janitorial, a third-party vendor. The cleaning fee is what they charge per cleaning per stay. Please do not haggle the cost of the cleaning fee before making a booking inquiry, as this charge is mandatory and non-negotiable for every reservation.
The home is provided with pillows, linens, blankets, towels, kitchen towels, comforters, hand towels & washcloths including extras located in closets. The cleaning service to clean the house and linens on your departure is included on your invoice. Linens, towels and paper products will be replaced by the cleaning service. We ask that you leave the accommodations neat, including doing the dishes and removing the trash. You are responsible that all debris, rubbish and discards are placed in plastic bags and transferred to the dumpster behind the building (code is 7111 to unlock the dumpster), and soiled dishes and cooking utensils are placed in the dishwasher and cleaned.
It is standard for beds to be made for Guests arrival as part of the linen and cleaning service. The home is provided with a starter set of paper products: toilet paper & paper towels. Owners do not guarantee that these extra items will always be available and guests may need to replenish their own paper goods, toiletries, & laundry detergent, etc.
Most of our units are pet free, but we do have some pet friendly units.
Due to owner's & guests allergies certain homes DO NOT allow pets...big or small. In all cases - ANIMALS BESIDES DOGS ARE STRICTLY PROHIBITED. "Pet friendly" homes are available by request, 2 pet maximum. A $50 or $75 non-refundable cleaning fee per pet is required to aid in the cleaning and treatment of the home for guests arriving without pets.
Should we discover a pet has been/is in the home without prior approval, you will be charged a fee for pest control, a deep clean, usually resulting in the loss of the security deposit of $350. If you miss picking up after your pet, a $25 fee per incident is charged. AT NO TIME MAY PETS BE LEFT UNATTENDED in a home or on the grounds of one of the homes.
Any dog left unattended during your stay in either the home or the yard, and is barking or creating any nuisance will terminate your contract and result in immediate removal from the property with no refunds given.
ABSOLUTELY NO SMOKING IS ALLOWED IN ANY OF OUR HOMES.
Exceeding stated and/or reasonable occupancy can result in the loss of use of a unit as well as rent. Entertaining which can result in damage to the unit or interfere with the peaceful enjoyment of other residents, is prohibited.
By state law, occupancy may not exceed what is posted for each home. Maximum occupancy includes infants and children.
10:30 PM – 8:00 AM - Monitored and Enforced. Eagle is a special neighborhood with a family environment. Hot tub use is allowed between the hours of 8 am and 10:30 pm. Please respect the desire of our full time residents and other guests in honoring quiet time.
Noise ordinances are strictly enforced in all our properties. You must respect the surrounding neighbors and any loud noise after 10:00 pm. May necessitate law enforcement intervention which will terminate your contract and result in immediate removal from the property with no refund for any remaining nights still paid for.
The following items are included in each vacation rental:
Color TV/DVD, Washer/Dryer, Silverware, Dishes/Cookware, Toaster/Microwave, Coffee Maker, Kitchen Utensils, Bath Towels, Bed Linens, Blankets, Quilts/Shams/Pillows, Trash Bags
*Some homes have CD Stereos, Flashlights, radios, clocks, games, movies, Iron and Board. Many more great amenities.
You'll want to bring the following items for your stay: Food & Condiments, Baby equipment (unless provided by specific home), Personal Toiletries, Beach Equipment, Specialty Cooking Items.
For any item you do not see listed or are not sure about, please email or call us and ask. If you are arriving after dark, we suggest you bring a flashlight.
MAINTENANCE ISSUES / REQUESTS:
If anything needs immediate attention, please contact us and we will send someone to take a look at the issue and will try to resolve it within 24 hours of your request. You must notify Rent Mission Beach immediately if any maintenance problems occur.
No prior notice is required for Rent Mission Beach or its representatives to enter the property to make necessary repairs/inspection. Rent Mission Beach will make every effort to notify Lessee prior to entering the property.
We appreciate all your feedback on minor issues as well, and we will see to it they get fixed as soon as possible.
Primary registered guest is responsible for any expenses incurred during the visit, including but not limited to loss and damages, accident or injury to person, or loss sustained while visiting the home. All catered food, rented tables or amplified music needs to be arranged with Seabrook Cottage Rentals prior to visit. Occupancy for each home is strictly enforced and fines will be assessed for exceeding the number of allowed guests.
Guest acknowledges and authorizes LiveRez Demo to charge Guest’s credit card for all damaged and/or missing items to the premises while occupied by the guest. If cost of extra cleaning, replacement or repairs exceeds the guest’s credit card limit, guest agrees to pay the difference to RMB.
Parking is limited to a set number per home with a maximum of three cars for most homes. Some homes are restricted to two parking spaces. Any vehicles parking in or blocking a fire lane will be towed. No motor homes, trailers, campers, or boats of ANY KIND are allowed.
Major holidays require a 3 night minimum stay.
Rent Mission Beach reserves the right to enter the premises, if need arises, without guest permission. RMB will make every effort to contact the guest as to the purpose and duration we are to be in the home.
Rent Mission Beach (RMB) and homeowners disclaim all liability for injury, loss, or damage. RMB will be held harmless from claims arising out of the use of home. RMB is an agent for the owner, not an owner or a tenant. As agent, RMB has the authority to act in the best interest of the home owners in any and all situations. Each home is privately owned, including furnishings. Rules and regulations are on record with the owner and with the city of Pacific Beach as part of the Vacation Rental License criteria and to each adjoining property owner and residents. They are posted in the home. Please adhere to them at all times.
RMB homes are part of a residential neighborhood. They require complete sensitivity to full-time neighbors and residents. Each home belongs to a loving family and they ask for your care and kindness.
- No smoking, parties, or events. No Kegs allowed. Noise ordinance starts at 10pm.
- Max Occupancy is 7 persons (No more than 7 guests in the unit at any given time).
- Self check-in: Anytime after 3PM and check-out by 10AM
Rooftop Deck Rules
ACCESS HOURS: Sun-Thurs: 10am-9pm; Fri-Sat: 10am-10pm
SAN DIEGO POLICE WILL BE DISPATCHED IF DECK ACCESSED OUTSIDE OF THESE HOURS!
- Must use FOB entry pad on east side of second floor - next to Unit #3
- Registered guests and owners only - No outside guests permitted
- No Pets
- No alcohol games (i.e. beer pong)
- Remove ALL trash - Guests responsible for keeping the area clean
- Remain on designated deck path and enclosed deck area at all times - no walking, standing or sitting on any other rooftop areas
FAILURE TO FOLLOW THESE RULES WILL RESULT IN FINE AND REVOCATION OF DECK PRIVILEGES
GOOD NEIGHBOR POLICY:
NOISE IS THE MOST SERIOUS ISSUE: First, we need to reiterate that this is NOT a party house. We have had complaints from neighbors in the past about guests throwing parties or being loud late at night. This is simply not allowed. If your group is loud and disrespectful, I will get a call from the neighbors and you will be asked to leave, forfeiting your deposit. We take this very seriously and you should too. If you have any questions or concerns, please contact me at any time.
NOISE COMPLAINT FINE OF $300-$1000: Any formal noise complaint issued by neighbors or City Officers will result in a $300-$1000 fine deducted from the security deposit. Police have the right to fine guests up to $1,000 for first time noise complaints. Noise travels far at night. PLEASE CLOSE ALL WINDOWS AND BALCONY GLASS DOORS THROUGHOUT THE CONDO if you are playing music or talking loudly, and walk outside to assess your noise level. STRICT QUIET HOURS start at 9PM on weekdays and 10pm on weekends.
The following is what is contained in your Rental Agreement. Please read thoroughly before booking your vacation rental with us. The terms and conditions herein are strictly adhered to and violation of any part(s) below may constitute monetary liability and/or eviction from the property.
UPON CHARGE OF A VALID CREDIT CARD TENANT AGREES TO ANY AND ALL TERMS AND CONDITIONS LISTED HERE.
Vacation Rental Agreement
Rent Mission Beach™ Vacation Homes
Please do not proceed with booking if you are not comfortable with these policies.
Guest agrees to read and abide by the Terms of this agreement and ensure all other occupants abide by these terms. As consideration for the booking and use of Vacation Rental Property during the lease term, Guest agrees to pay Manager for all items specified.
We, the Renters (also referred to as “Tenants” and “Guests”) agree to the following:
- PAYMENT DUE: All rental monies are due according to the payment schedule disclosed under "Payment Policy" on reservation acceptance.
- RESPONSIBLE PARTY:
- CANCELATION 60 DAYS or LESS BEFORE CHECK-IN: Renters will forfeit the total rental. The total rental includes all charges on the paid-in-full invoice. Renter may mitigate this loss by purchasing Travel Insurance or Cancel for Any Reason insurance offered by from a third party provider. CANCELATION 61 DAYS or MORE before check-in, Renters will receive a FULL REFUND of the amounts paid less any travel insurance fee and minus a credit card processing fee of 3.5%. EARLY DEPARTURE - There are NO REFUNDS for EARLY DEPARTURE.
- HURRICANES, HEAT WAVES & TROPICAL STORMS: There are NO REFUNDS for hurricanes, tropical storms or weather conditions such as excess heat, even if a mandatory evacuation is ordered (optional travel insurance is offered for Renters protection or Renter may obtain through a third party. Renter ASSUMES THE RISK)
- CONDITION OF PROPERTY: Owners have, to the best of their ability, given an accurate description of the property and its condition. Guest understands that it is considered as reserved "sight unseen". Our cleaning staff will have cleaned it before your occupancy. All electrical, plumbing and appliances should be in working order. The failures of operation of certain extra amenities, such as TVs, cable, games, or the Internet and WiFi service are not a basis for any refund. Owner will make every effort to have these items repaired but does not guarantee that they will be repaired during Guests occupancy. When you arrive, if you find that the house has not been cleaned to normal standards please notify the Owner immediately. We will do our best to have tradesmen attend to the problems but may not be able to fix everything over holidays and weekends. Under no circumstances will any of the rental money be refunded or returned because of the condition of the house. The Guest agrees to hold the Owner harmless from any liability for the condition of the house. Due to the nature of beach properties, the sand, stairs, decks and concrete are not always stable. Use at your own risk.
- CONSTRUCTION IN THE AREA: Please note that in Mission Beach there may be construction at this building, or other nearby properties. There is a building moratorium in Mission Beach from Memorial Day to Labor Day, so there should not be any major building construction projects going on during this period. However, if there is construction, Owner's are not responsible for any inconvenience due to construction noise or operations on nearby properties and no refunds will be given for this circumstance.
- CLEANING & REPAIRS: All homes have cleaning included in the total rent. If additional cleaning is required after you leave, it will be charged to your credit card. Guest agrees to keep house, furniture and furnishings in good order. Removing, adding or changing furniture without Owner’s written approval shall be deemed a material breach of this Rental Agreement, and is strictly prohibited. Guest is responsible for cost of replacement of any damage to furniture or premises and replacement of missing items. Under no circumstances can any furnishing or linen be taken outside onto the beach with the exception of those items specifically mentioned in paragraph 8.
- ENTRY OF PREMISES: With Guest’s permission, which is hereby given, Owner or Owner’s representative may enter the premises during reasonable daylight hours without securing prior permission from Guest, but shall give Guest notice of such entry immediately prior if possible and immediately thereafter. For inventory and maintenance purposes a property management employee of the Owner may need to enter the premises. The same permission procedure applies as above. In any emergency, Owner or Owner’s servicing agents may enter the premises at any time without permission of Guest for the purposes of making repairs to alleviate such emergency. If Guest abandons or vacates premises, Owner may, at his option, terminate this agreement, re-enter the premises and remove all Guest's property.
- MAXIMUM OCCUPANCY: The maximum occupancy (the number of people allowed to sleep over night) is listed on your confirmation and in the unit description of each property on the Mammoth Premiere Reservations website. If your group exceeds the maximum occupancy of the property you rent, your credit card will be charged a fee and you WILL be evicted without a refund.
- ACCIDENTAL DAMAGE INSURANCE: Renters will be completely responsible for any and all damage to the home or property caused by Renters, whether accidental or due to Renters negligence. However, Renters understand that the rental includes an accidental damage rental policy providing up to $5,000 in accidental damage protection provided Renters notify the owner and assist the owner in making a claim. Renters understand that Renters are responsible for damage beyond the coverage provided by the accidental damage insurance. Renters are also responsible for damage that would have been covered by the accidental damage insurance if Renters fail to advise the Owner of the damage and provide the necessary information that would allow the Owner to file a claim against the policy.
- USE OF EXTRAS: Please bring your own beach equipment. Renters will furnish their own beach towels, beach chairs and beach shades (EZ UPs, umbrellas, etc.). For an additional charge, you can book a Beach Day Package or Bonfire Party Package by contacting Rent Mission Beach™ at (619) 800-1823.
- ASSUMPTION OF RISK: No lifeguard may be on duty. Accordingly, persons using the beach or pool do so at their own risk and the owners assume no responsibility for accidents or injury. No one should swim alone. Renters will hold the Owners harmless from any and all bodily injury and/or property damage incurred on the property arising out of Renters' negligent acts or omissions. See disclaimer below.
- CHILD PROOFING: Guest understands that no special efforts have been made to “childproof” this house, and accept the risk or harm to any children we allow on the property. These risks are not limited to, but include access to the ocean, pool, adjacent street, cleaning supplies in the house and plants in the house, patio and on the street, that might be poisonous if ingested.
- FURNITURE: Do not move or remove furniture. All furniture must be returned to its original location on Guest's departure or an additional charge will be made.
- MISSING ITEMS: Renters will be charged for any missing items reasonably attributable to Renters and not returned after notification. The cleaning service performs an inventory/survey of the property after Guests depart and notifies the Owner of any missing items. Owner will notify guests in the event that items were inadvertently taken, and provide guests the opportunity to return the missing items.
- USE OF SECURITY CAMERAS: Renters understand and accept that the property is protected with outside security cameras. These cameras are used to protect the property from potential break-ins and theft. There are NO cameras inside the house.
- PERSONAL PROPERTY: Guest understands that any personal property of and used by Guest is not insured by Owner and Owner shall not be responsible for any lost, stolen or missing property of the Guest or property of Guest left after check out.
- KEYS: Lost keys will incur replacement costs of $100.
- BEACH CONDITION: Guest understands that Owner has no control over the condition of the beach and cannot be held liable for any changes to beach conditions or any closing as ordered by any official agency.
- NO PARTIES: This is not a party house. The Renter must be 18 years of age to book this Vacation Rental. Any special occasions such as weddings, receptions, family reunions or increase of occupants (guests not registered on registration form) must be disclosed at the time the reservation is made and is subject to Owner's advanced approval. Prom parties, fraternity or sorority parties and graduation parties are not allowed at any time. Adults cannot rent property on behalf of underage guests, no exception. Noise ordinance starts at 10pm.
- NON-SMOKING: This is a NON SMOKING vacation rental. Evidence of smoking, such as the smell of cigarette or cigar smoke inside the home by the cleaning crew is sufficient basis to charge the renter for smoke cleanup and removal from carpeting, AC ducts & filters and furniture. This type of clean up is expensive and Renter is Liable for the deep cleaning Costs incurred. There will also be a $100 charge added on top of the cleaning costs incurred.
- NO PETS ALLOWED: If you bring a pet(s), this rental agreement will be forfeited, terminated and deposits will be retained and a deep cleaning fee will apply.
- MAXIMUM OCCUPANCY: 7 adults or eight provided that at least one of the Guests are under 1 years of age. Beds are only provided for 6.
- PARKING: Parking is limited to one (1) vehicle. One assigned garage parking space is provided with the rental. Guests MUST use the assigned garage. Parking in any other space on the property will result in vehicle being towed at Guests expense. On street parking is available, and a map of free overnight parking lot will also be available.
- SUBLETTING: Guest is not authorized to let or sublet all or any part of the premises nor assign the lease or any interest in it without the prior written consent of the Owner.
- CHECK-IN & CHECKOUT: Check-in is at 3:00 PM and checkout is 10:00 AM. A late checkout is subject to extra rental charges at the rate of $100/hour after a grace period of 30 minutes. Guests may arrange for extra nights in advance to avoid any late checkout fees. Extra nights are charged at the daily rate and may be granted if available. If Guests are not present when cleaning crews arrive and have left their possessions in the house, cleaning crews will collect their possessions and remove them from the premises in order to prepare the unit for incoming guests and Guest will be charged $150 for this service. PLEASE checkout promptly, the cleaning crews have a very short time window to prepare the unit for new guests.
- CHECK-OUT PROCEDURES: Renters are responsible to complete the check-out procedures in the provided guest package that includes a check out list and to insure that the keys are placed back in lock boxes and the home is left.
- HOLDING OVER: Because of the nature of Owner's business (short term winter and summer recreational rentals) Guest understands, and is hereby put on notice that any unauthorized "holding over" of the property past the stated rental period could severely jeopardize Owners business and cause loss of rental income from other previously booked guests, temporary and/or permanent loss of business, goodwill and reputation and, among other things, could force Owner to breach an agreement with similar short term summer and winter recreational Guest(s) who may have reservations during Guest's unauthorized "holding over" period. In the event, Owner may be legally liable in damages to said other guests. Guests should be aware that unauthorized "holding over" has been construed as a factor in establishing "malicious continuing occupation" of rental property, which may entitle Owner to treble damages in any unlawful action. Guest also recognizes the unauthorized "holding over" could be grounds in court as a cause of action for intentionally interfering with Owner’s prospective business advantage. In addition, we will charge $100.00 an hour past 10:30 a.m. on day of check-out.
- RELATIONSHIP OF PARTIES: It is specifically agreed and understood that the relationship between the parties herein shall be deemed to be of proprietor and lodger or Guest as opposed to a relationship of landlord/tenant. Guest specifically waives and make inapplicable to this lodging the provisions of California landlord/tenant Law.
- REMEDIES: In the event of a default to the Rental Agreement, particularly, but not limited to Guests unauthorized "holding over" or those acts mentioned above in this agreement, and in addition to all other rights and remedies Owner may have at law, Owner shall have the option, upon written notice or as the Law may hereinafter provide, Owner may immediately re-enter and remove all persons and property from premises. In such an instance, the Rental Agreement will be terminated, and Owner shall be entitled to otherwise recover all damages allowable under the Law. The Guest, as part of the considerations of this special rental, in recognition that this property is booked in advance by other Guests throughout the year, hereby waives all claims for damages that might be caused by Owner; re-entry and taking possession of premises or removing or storing property as herein provided, and will hold Owner harmless from loss, costs and damages occasioned thereof, and no such re-entry shall be considered or construed to be a forcible entry as defined in the California Code of Civil Procedure or other similar statutory provisions. Further, if for any reason Owner is unable to deliver possession of the premises to Guest at the commencement of the term specified in the Rental Agreement, Owner shall refund amounts paid by Guest, but shall not be liable for any other damages caused thereby.
- ATTORNEYS FEE/DEFAULT: If any legal action or proceeding (including default, non payments, etc.) arising out of or related to this Rental Agreement is brought by either party to this Rental Agreement, the prevailing party shall be entitled to receive from the other party, in addition to all other relief that may be granted, the reasonable attorney's fees, costs and expenses incurred in the action or proceeding by the prevailing party.
- INDEMNIFICATION: Guest agrees to indemnify and hold harmless Owner for any liability arising before termination of this Rental Agreement for personal injuries or property damage caused by the negligent, willful or intentional conduct of Guest(s). This indemnification agreement does not waive Owner's duty of care to prevent personal injury or property damage when that duty is imposed by law.
- PRIOR AGREEMENTS: No prior agreement or understanding not contained in writing herein shall be effective. Furthermore, Owner, other than what is specifically written and set forth herein, makes no other or further representation regarding the nature, character and quality of the premises to be rented, and no representation shall be deemed to exist or be material unless and until it is reduced to writing and signed by the parties. This Rental Agreement may be modified in writing only, and must be signed by the parties in interest at the time of the modification. It constitutes the entire agreement of the parties. If any provision in this contract held by any court to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force.
- FORUM SELECTION, JURISDICTION, LAW AND VENUE: The parties agree to the exclusive jurisdiction and venue of the District Court of the State of California for the resolution of all disputes arising under this Agreement. The sole and exclusive venue (i.e. place where lawsuit may be filed) for any legal proceedings shall be in the County of San Diego County, California. Guest expressly waives any other right or privilege with respect to the election of venue or court (i.e. state or federal) and the location of the venue of action. GOVERNING LAW – It is expressly agreed that this Agreement shall be governed and construed by the laws of the State of California only, irrespective of the state of residency of Guest.
Additional Terms: Rent Mission Beach Disclaimer
This agreement and disclaimer applies to Renters and all guests in the Renters’ party.
Renters understand that the Homeowners are not responsible for any personal injury caused by slipping on wet pavement or surfaces, and that tenants are responsible for exercising care when surfaces are wet or slippery due to weather or use of hoses to wash down areas, and further, that the homeowners are not responsible for any personal injury or loss or damage to tenants’ property caused directly or indirectly from foul, inclement weather conditions, Acts of God or nature, failure of heat, accidents related to fire, heaters, stoves, tenants’ failure to take adequate precautions around wet areas, or any unforeseeable circumstances.
Under no circumstances will Tenants or their guests hold the Owners of the properties managed by Rent Mission Beach™ Vacation Homes responsible for any damages or claims of any kind resulting from their stay, except for intentional acts of harm.
Renters understand that Owner and management are always striving to fix any issues right away that may come up during your stay. NO REFUNDS will be issued for minor inconveniences.
Any penalties issued from the HOA at 711 Island Court that come from issues during your stay that result in any fees will be paid by the Renter.
After your reservation has been confirmed and paid for, you, the Renter, have read, understand, acknowledge and agree to, and will abide by this Rental Agreement and all conditions stated herein (After paying for your reservation, you have agreed to accept this Rental Agreement).
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7. THIS WEBSITE DISCLAIMER
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Last updated: August 15, 2019
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Rent Mission Beach™ Vacation Homes assumes no responsibility for errors or omissions in the contents of the Service. In no event shall Rent Mission Beach™ Vacation Homes be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. Rent Mission Beach™ Vacation Homes reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice. This Legal Disclaimer for Rent Mission Beach™ Vacation Homes has been created with the help of TermsFeed.
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Please take a few minutes to review these Terms & Conditions. These Terms and Conditions apply to your access and use of the Site and our mobile applications. Your use of our Site or our mobile application constitutes your agreement to follow these Terms & Conditions and to be bound by them.The services of Rowling Realty and Rent Mission Beach™ Vacation Homes and all content and services and the reservation site available are provided by Rent Mission Beach™ Vacation Homes ("Rent Mission Beach", or "Manager") under this Terms of Service and any amendments to the Terms that Rent Mission Beach™ Vacation Homes may publish from time to time. "Site" refers to RentMissionBeach.com or any affiliates of Rent Mission Beach™ Vacation Homes and the reservation system. The terms "you", "your", "guest", "Tenant" and "booking group" refer to the users of this website and clients of Rent Mission Beach™ Vacation Homes. The terms "Rent Mission Beach™ Vacation Homes" and "RentMissionBeach.com" refer to Rowling Realty. The term "supplier(s)" refers to any applicable or any combination of lodging providers, airline, rental car agencies, bus or other transportation attractions or affiliates. The user hereby agrees to the terms and conditions below, as well as the policies of any and all suppliers for all employees and/or affiliates of the user.
BY ACCESSING, BROWSING, PURCHASING THROUGH OR USING THE SERVICES OF Rent Mission Beach™ Vacation Homes, YOU AGREE TO BE BOUND BY THE TERMS. If you do not agree to abide by the Terms, please do not use the Site or download content from the Site.
Notice: RentMissionBeach.com may operate multiple reservation systems as well as affiliates. If you book any portion of your travel via a reservation system or affiliate, you may find separate terms and conditions you must abide by.
If you are staying or traveling under a different contract than provided by this website or Rent Mission Beach™ Vacation Homes, the terms of the contract will supplement and in some cases supersede these policies.
AGENCY: It is mutually understood and agreed that Manager is acting as Agent only for the property owner and has no liability to either party for the performance of any terms or covenant of this agreement. Furthermore, Tenant understands Manager is being compensated in this transaction by the property owner and is contractually obligated to protect the interest of same. Manager hereby discloses to Tenant should Tenant elect to purchase travel insurance protection or damage insurance through Manager, Manager may be compensated by provider(s) for cooperation in the transaction.
INTELLECTUAL PROPERTY: All graphics, text, photographs, drawings, software, sound, videos or other material available through RentMissionBeach.com is protected by worldwide copyright, trademark and other proprietary laws and treaty provisions. Except as expressly authorized by Rent Mission Beach™ or the applicable third party from whom the content originated, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer or create derivative works based on RentMissionBeach.com. Rent Mission Beach™ authorizes you to view and utilize the content available through the Site only for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. You agree not to access the Site, or provide access to the Site, by means other than the interface that is provided by RentMissionBeach.com for use in accessing the Site.
REPRESENTATIONS AND WARRANTIES: You represent and warrant that: You are over the age of 25 and can form a legally binding contract under applicable law. You have provided and will continue to provide only true, accurate, current and complete information about yourself. The billing address you provide to Rent Mission Beach™, this Site and its affiliates should be the address and phone number your credit card bank has on file for you. You are not using Rent Mission Beach™ for any improper purpose, and you will act in good faith in your relationship with Rent Mission Beach™. You have sufficient authority, if you are purchasing on behalf of yourself, a company, group or organization to bind yourself, that company, group or organization to the Terms.
RESERVATIONS ARE NOT FULLY GUARANTEED: If for some unforeseeable circumstances, the Property is not available or becomes unavailable or uninhabitable during your stay, it will be substituted with accommodations with an equal number of bedrooms. If the substituted property rents for more for the same period or remaining period, respectively, there will be no additional charge. However, if the substituted property rents for less for the same period, the difference will be refunded to Tenant.
RATE CHANGES: Rates are subject to change without notice prior to receipt of signed agreement and Security Deposit. If a discrepancy arises between the rate quoted on the Site and on the confirmation, the latter will prevail. In the event a the an incorrect rate is due to a typographical or other error, Rent Mission Beach™ shall have the right to refuse, cancel or limit any reservations listed at the incorrect price, whether or not an order confirmation has been sent and/or payment has been made.
EMAIL ATTACHMENT POLICY: Email and any attachments sent by employees and officers of Rent Mission Beach™ and its subsidiaries and affiliates is believed to be free of any virus, worm, Trojan horse, and/or malicious code when sent. Each electronic mail message and its attachments could have been infected during transmission. By reading the message and opening any attachments, the recipient accepts full responsibility for taking protective and remedial action about viruses and other defects. The sender’s business entity is not liable for any loss or damage arising in any way from the message or its attachments.
LIABILITY DISCLAIMER: YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED ON AN "AS IS"AND "AS AVAILABLE" BASIS. Rent Mission Beach™ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE THEREOF. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. THE CONTENT ON THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. Rent Mission Beach™ DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF RATE, AVAILABILITY OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH RATE, AVAILABILITY, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK.WITHOUT LIMITING THE FOREGOING, Rent Mission Beach™ DOES NOT WARRANT THE SERVICE IS OR WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED OR MEETS OR WILL MEET CUSTOMERS REQUIREMENTS. Rent Mission Beach™ MAKES NO IMPLIED WARRANTY OF MERCHANTABILITY, NO IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR NONINFRINGEMENT, AND NO IMPLIED WARRANTY ARISING BY USE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND NO LEGAL THEORY, TORT, CONTRACT, OF OTHERWISE, SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS) THAT ARISE OUT OF OR OTHERWISE ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR THE SITE OR ANY LINKED WEBSITE, THE STATEMENTS OF ANY THIRD PARTY ON THE SITE, OR UNAUTHORIZED ACCESS TO THE SITE, YOUR TRANSMISSIONS, YOUR ACCOUNT OR YOUR PASSWORD, EVEN IF RMB IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HOLD HARMLESS: Tenant and Tenant' Guests shall hereby indemnify and hold harmless its subsidiaries, affiliates, officers, directors, agents, employees, co-branders or other partners, and suppliers, from any claim, demand, action or damage, including reasonable attorney’s fees, made or incurred by any third party arising out of or related to your use of the Site, any Content you transmit via the Site, or your violation of the Terms.
ADDITIONAL TERMS AND CONDITIONS: Tenant, for himself/herself, his/her heirs, assignors, executors, and administrators, fully releases and discharges Manager and owner from any and all claims, demands and causes of action by reason of any injury or whatever nature which has or have occurred, or may occur to the undersigned, or any of his/her occupants or guests as a result of, or in connection with the occupancy of the premises and agrees to hold Owner and Manager free and harmless of any claim or suit arising there from. In any action concerning the rights, duties or liabilities of the parties to this agreement, their principals, agents, successors or assignees the prevailing party shall be entitled to recover reasonable attorney fees and costs.
CHANGES TO THE TERMS: Rent Mission Beach™ reserves the right, in its sole discretion, to change, modify, add or remove any portion of the Terms in whole or in part, at any time. Changes in the Terms will be effective when notice of such change is posted on the terms and conditions section of the RentMissionBeach.com website. Your continued use of the Site after any changes to these Terms are posted will be considered acceptance of those changes. You should periodically check the "Terms of Service" link on RentMissionBeach.com’s homepage to view the then current Terms.
CHANGES TO THE SITE: Rent Mission Beach may, in its sole discretion, terminate, change, suspend or discontinue any aspect of the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that Rent Mission Beach shall not be liable therefore.
TERMINATION: You agree that Rent Mission Beach, in its sole discretion and at any time without notice to you, may terminate your use of the Site, including without limitation, your password and account, and may remove or delete any Content on the Site or within your account, including Content you have provided to Rent Mission Beach or transmitted through the Site. You further agree that Rent Mission Beach shall not be liable for any termination of your use of or access to the Site. In the event of any termination of the Terms, or your use of or access to the Site, you agree that the provisions regarding Intellectual Property Rights, Indemnification, Disclaimer of Warranties, Limitations of Liability, and General shall survive any such termination.
DISPUTES: Under this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any action relating to this Agreement shall be filed only in the San Diego County court in California in which county the Unit is located. Both parties consent to the exclusive venue and jurisdiction of such court. Tenant agrees to pay all reasonable costs, attorney’s fees and expenses that shall be made or incurred by Bluwater enforcing this agreement.
WRITTEN EXCEPTIONS: Any exceptions to the above mentioned policies must be approved in writing by Rent Mission Beach in advance.
California law requires certain sellers of travel to have a trust account or bond. If any provision of this agreement is determined to invalid or unenforceable, the other provisions of these terms and conditions will remain in effect.
Rent Mission Beach maintains a trust account issued by Torrey Pines Bank.
Rent Mission Beach™ Vacation Homes RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS