Within three weeks after Occupant vacates the Premises, California Vacation Villas shall furnish the Occupant an itemized statement indicating the amount of any charges as the result of willful damage or violations resulting in a fine to California Vacation Villas or the Owner. Supporting documentation including pictures will be included with the itemized statement.
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HOLDING OVER: Occupant agrees that there shall be no holding over or late departure without prior approval. Any unauthorized holding over by Occupant shall be subject to a charge of 3 times the daily prorated rent (“Holdover Rate”), plus any additional damages incurred including, but not limited to, the cost of alternative housing for guests displaced by Occupant's holding over. Late check-outs will be charged at 50% of the Holdover Rate.
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CLEANING: Premises will be delivered to Occupant in a professionally cleaned condition. Upon termination of occupancy, Occupant will deliver the Premises in the same condition less ordinary wear and tear. If Occupant does not return the Premises in the same condition, a(n) (additional) cleaning fee will be charged to the electronic form of payment on file.
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PETS: DOGS are allowed.Occupant agrees to comply the following:
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Guest to pay additional pet fee in the amount of $100.
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All pets must comply with the following specifications:
a. May not exceed 50 lbs.
b. Must be at least 2 year(s) of age or older.
c. Must be spayed or neutered.
d. Must be up-to-date on rabies vaccinations and all other vaccinations. Heart-worm preventive is highly recommended.
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All pets must be leashed at all times outside the Premises.
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Guest is responsible for cleaning up any/all pet refuse.
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Pets are not allowed on furniture at any time. Any evidence of pets on furniture may incur extra cleaning fees.
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All pets are to be treated with a topical flea and tick repellent prior to arrival. Fleas and ticks present in this area and can cause
harmful/fatal illness to humans and pets.
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Pet must not cause damage to premises or furnishings. If damages are caused, the cost of the damage will be charged to the occupants
electronic form of payment on-file.
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Guest should prevent pets from producing excessive noise at a level that disturbs neighbors.
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Pet will not be left unattended for an undue length of time, either indoors or out. Pet will not be left unattended on balcony, patio, or porch.
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California Vacation Villas assumes no responsibility for illness or injury that may incur to pets or be caused by pets while on on the
Premises.
If an unauthorized pet is on the Premises, (i) Occupant is responsible for all damage caused by the pet, (ii) Occupant, Authorized Guests, pet(s) and all others may be required to immediately leave the Premises, or be removed from it, and (iii) Occupant is in breach of this Agreement.
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NO SMOKING: No smoking is allowed on the Premises. If smoking does occur on the Premises, (i) Occupant is responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors and removal of debris; (ii) Occupant, Authorized Guests, and all others may be required to immediately leave the Premises, or be removed from the Premises; (iii) Occupant is in the breach of this Agreement; and (iv) Occupant's electronic form of payment on file will be charged for cleaning/repairs needed as a result of the smoking.
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NSF CHECKS: If an e-check payment is returned NSF, Occupant shall pay $25.00 as an NSF fee. Occupant agrees that this charge represents a fair and reasonable estimate of the costs California Vacation Villas may incur by reason of Occupant's NSF payment. A NSF check will result in cancellation of this Agreement if the required payment is not made by the applicable Payment Due Date.
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CONDITION OF PREMISES: Occupant has not viewed the Premises prior to entering into this Agreement. Occupant shall, on arrival, examine the Premises, all furniture, furnishings, appliances, fixtures and landscaping, if any, and shall immediately report, in writing, if any are not in operating condition or are in disrepair. Reporting repairs does not give Occupant the right to cancel this Agreement or receive a refund of any payments made.
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UTILITIES: Owner is to pay for all utilities except cable on-demand/pay-per-view charges. A monthly cap of $200 on electric use applies to all reservations exceeding 30 days from April-October. California Vacation Villas shall provide occupant a statement within 30 days of departure for any electric bill charges exceeding $200 during the Occupant's stay that will be charged to the electronic form of payment on-file.
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RULES; REGULATIONS; NO COMMERCIAL USE: Occupant agrees to comply with any and all rules and regulations that are at any time posted on the Premises or delivered to the Occupant. Occupant shall not, and shall ensure that guests of the Occupant shall not; (i) disturb, annoy, endanger, or interfere with other occupants of the community/building in which Premises is located or it neighbors; (ii) use the Premises for any commercial or unlawful purpose including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband; (iii) violate any law or ordinance; or (iv) commit waste or nuisance on or about the Premises.
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MAINTENANCE: Occupant shall properly use, operate and safeguard the Premises including, if applicable, any landscaping, furniture, furnishings, appliances and all mechanical, electrical, gas and plumbing fixtures, and keep them clean and sanitary. Occupant shall pay for all repairs or immediately notify Owner or Owner's Representative of any problem, malfunction or damage. Occupant shall pay for all repairs or replacements caused by Occupant and guests of Occupant, excluding ordinary wear and tear. Occupant shall pay for all damage to the Premises as a result of failure to report a problem, malfunction or damage in a timely manner. Occupant shall pay for repair of drain blockages or stoppages, unless caused by defective plumbing parts or tree roots invading sewer lines.
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ALTERATIONS: Occupant shall not make any alterations in or about the Premises including, but not limited to, moving furniture, painting, wallpapering, adding or changing locks, installing antenna or satellite dish(es), placing signs, displays or exhibits, or using screws, fastening devices, large nails and adhesive materials.
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ENTRY: California Vacation Villas and agents have the right to enter the Premises, at any time, (i) for the purpose of making necessary or agreed repairs, decorations, alterations, improvements, for maintenance or to supply necessary or agreed services; (ii) to verify that the Occupant has complied with the terms of this Agreement; or (iii) in case of emergency.
California Vacation Villas and agents have the right to enter the Premises, upon reasonable notice, to show the Premises to prospective or actual purchasers, occupants, mortgagees, lenders, appraisers or contractors.
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NO ASSIGNMENT OR SUBLETTING: Occupant shall not assign an interest in this Agreement or sublet any part of the Premises. If this Agreement is assigned or the Premises or any part thereof is sublet, (i) Occupant, Authorized Guests, assignee(s), sublessee(s) and all others may be required to immediately leave the Premises, or be removed from it; (ii) Occupant is breach of this Agreement; and (iii) Occupant is subject to a termination fee of up to $500 to reimburse Owner for management fees.
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UNAVAILABILITY: If for any reason beyond the control of California Vacation Villas, the Premises is unavailable, California Vacation Villas may substitute a comparable unit or cancel this Agreement and refund in full to Occupant all payments made.
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OCCUPANTS'S OBLIGATIONS UPON TERMINATION OF OCCUPANCY: Upon termination of occupancy, Occupant shall; (i) give California Vacation Villas all copies of all keys or opening devices to the Premises, including any common areas; (ii) vacate the Premises and surrender it to California Vacation Villas empty of all persons; (iii) vacate any/all parking and/or storage space; and (iv) deliver the Premises to California Vacation Villas in the same condition less ordinary were and tear as received upon arrival.
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PERSONAL PROPERTY AND INJURY:
A. Owner Insurance: Occupant's or guests' personal property, including vehicles, are not insured by the Owner, California Vacation Villas or, if applicable, HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner and California Vacation Villas do not insure against personal injury to Occupant or guests due to any reason other than the condition of the Premises.
B. Occupant Insurance: California Vacation Villas recommends that Occupant carry or obtain insurance to protect Occupant and guests and their personal property from any loss or damage.
C. Indemnity and Hold Harmless: Occupant agrees to indemnify, defend and hold harmless Owner and California Vacation Villas from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage or injury to Occupant and Occupant's guests or their personal property.
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MEDIATION: Occupant agrees to mediate any dispute or claim arising out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved.
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MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and the ZIP Code in which he or she resides. (Neither Owner or Brokers, if any, are required to check this website. If Occupant wants further information, Occupant should obtain information directly from this website.)
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JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than more than one Occupant, each one shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually with every other Occupant.
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TRANSIENT OCCUPANCY: Occupant is renting the Premises as a transient lodger for the number of days specified in paragraph 3 from Owner who retains full legal, possessory and access rights.
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ACCESS CODES; KEYS; LOCKS: Prior to arrival, Occupant will receive access codes to electronic door locks and/or lock boxes containing keys to the Premises. The Premises may contain common area keys/cards and remote control device(s) for garage door/gate openers that are the responsibility of the Occupant. Occupant shall pay all costs and charges related to the loss of any keys or opening devices.
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ENTIRE CONTRACT: Time is of the essence. All prior agreements between California Vacation Villas and Occupant are incorporated in this Agreement, which constitutes the entire contract. It is intended as a final expression of the parties' agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Agreement. Any provision of this Agreement that is held to be invalid shall not affect validity or enforceability of any other provision in this Agreement. The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach. This Agreement shall be governed and construed in accordance with the laws of the State of California. California shall have personal jurisdiction over the parties and the county in which the Premises is located shall be the forum for any legal action brought in relation to this Agreement.