We are pleased to make homes available for visitors to share and enjoy all that San Diego has to offer. Please bear in mind that the home you are renting is someone’s personal residence and is located in a neighborhood with many full-time residents. For peaceful coexistence, all occupants must adhere to the guest code of conduct and our rental 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.

The Beach Renter REQUIRES: Your email address, and photo ID & credit card verification through our own 3rd party. Booking will be canceled if not provided.

Short Term Rental Guest Contract

1. DEFINITIONS: These Terms and Conditions or Rental Agreement apply to the lodging and services provided through The Beach Seller DBA The Beach Renter known as “Agency”. The person signing and agreeing to the Rental Agreement is the “Guest”. The property is referred to as Home, and any person occupying or visiting the home is an “Occupant”. Agency reserves the right to modify these Terms and Conditions at any time by posting on the Agency’s website.

2. RESPONSIBLE PARTY: Guest must be at least 25 years of age and must be an occupant of the Home during the entirety of the reservation. Guest’s government issued I.D. must be presented upon request. Guest assumes responsibility for the actions of all occupants and visitors to the Home. Agency may cancel the reservation at any time with full forfeiture if the Home is booked under false pretenses or if one of the occupants has previously breached Agency’s Rental Agreement.

3. RESERVATION CONFIRMATION: Guest must agree to these Terms and Conditions and provide the specified payments. Within 24 hours of booking, Guest must complete the Guest ID and credit card verification, sign an e-sign agreement, including the names and email addresses of all adult occupants. All reservations are subject to review and agency approval prior to final confirmation and may cancel any reservation that does not comply with these requirements. Prices and availability are subject to change until the reservation is confirmed.

4. CANCELLATION: Notice of cancellation must be submitted in writing and Guest is responsible to verify receipt in writing from Agency. Travel Insurance is highly recommended. Dates of cancellation notice received: 4.1. Within 48 hours of booking: Full refund. 4.2. More than 30 days from check-in: Full refund of rent, tax, and fees, less a 5% processing fee and credit card fee. Insurance is non-refundable. 4.3. 30 days to 16 days from check-in: 50% refund of rent and tax, 100% refund of other fees, less a 5% processing and credit card fee. 4.4. 15 days or less from check-in: Full forfeiture of the rent and tax. 100% refund of other fees, less a 5% processing and credit card fee. Insurance is non-refundable. 4.5. Guests with confirmed reservations who desire to change Homes, regardless of reason, must cancel the original reservation according to the cancellation policy, and a new reservation must be made at the alternate Home, which reservation is also subject to the cancellation policy. 4.6. There are no refunds for early departures, delayed arrivals, construction activity, inclement weather, or reduction in the number of nights reserved for any reason. If the Home becomes unavailable or unsuitable for rent for any reason whatsoever, including but not limited to, casualty loss, construction, noise, physical deterioration, or loss of utility services, the Agency’s liability will be limited to the return of all monies paid on account at the time of cancellation. Trip cancellation insurance is highly recommended.

5. RENTS AND PAYMENT TERMS: 50% of the total is due beyond 60 days of arrival and all balances are due within 60 days of arrival. Rental rates and fees are subject to change, and no refunds are given in the event advertised rental rates are reduced. In the event incorrect information or rates are quoted due to a typographical or other error, Agency shall have the right to refuse, cancel or limit any reservations listed incorrectly. Note that city or state occupancy taxes are subject to change, and if a tax increase occurs prior to the arrival date, it may be charged to the Guest.

6. TERMINATION: Guest shall vacate the property no later than the agreed upon departure date and time. Agency or its agent has the right to inspect and document the condition of the premises without prior notice at any time to enforce the terms of this agreement. Violations of the terms of this Agreement including, but not limited to excessive noise, the use of the Home for any unlawful purpose including the possession, serving, or consumption of alcoholic beverages by persons less than 21 years of age, smoking, house parties, or use of the Home or common areas in a manner contrary to the rules of the homeowner’s association, will result in termination of this agreement.

6.1 Upon notice of termination, Guest shall waive all rights to due process for failure to vacate the premises upon termination and all individuals occupying the Home will be subject to immediate eviction procedures. Upon termination, Agency or its agent may enter the premises and remove Guest, the members of Guest’s party, and their belongings.

7. VACATION RENTAL DAMAGE PROTECTION: Guest may purchase Guardian Damage Protection at the time of booking. If damage occurs to real or personal property because of inadvertent acts, VDRP will be applied toward costs of repair or replacement of such property up to a maximum benefit of $3,000.00. Guest must notify Agency of any damages prior to check out for the Guardian Damage Protection to apply. Any repairs or replacement costs not covered by Guardian Damage Protection will be charged to Guest. Guardian Damage Protection does not apply for any damage deemed by Agency to be intentional or due to negligence, smoking remediation, missing item replacement, or damage from pets, including allergy/flea remediation.

8. REFUNDABLE SECURITY DEPOSIT: Agency may impose a refundable security deposit “RSD” in addition to or in lieu of the Guardian Damage Protection at any time before or during the dates of stay. If a RSD is imposed, it must be paid upon demand, or this Agreement will be terminated, and Guest will not be allowed access to the Home. The RSD may be forfeited should Guest violate any terms of the agreement, including smoking or noise disturbances. Should Agency be unable to recover costs of repairs or replacements from the Security Deposit or credit card on file, Guest is responsible for providing an alternative method of reimbursement within 48 hours of notification. The RSD, less any deductions, will be returned within 14 days of the departure date.

9. CHECK-IN: Check-in time is 4:00 PM. Guest shall not enter the premises early without written approval. Keys or entry codes will be provided once all amounts due have been collected. Please notify Agency upon arrival.

10. CHECK OUT: Check out time is 10:00 AM. Requests for late check-outs must be approved 24 hours in advance. A fee will be charged for each hour (or portion thereof) past the required check out time. Check out procedures: 10.1. Put trash in the garbage bins outside. 10.2. Leave beds un-made (don’t strip) and put used towels on bathroom floors. 10.3. Leave furniture and all items in their original location (inside & outside). 10.4. Clean kitchen messes and load and start dishwasher. 10.5. Place garage remotes (if applicable) on the kitchen counter 10.6. Turn-off lights, heater/air conditioner, fans, appliances, etc. 10.7. Close and lock windows and doors and place key in lockbox (if so equipped).

11. CHECK OUT FEES: The reservation includes all standard fees, and the cleaning fee is for standard cleaning and laundry services. If the home or its contents are left excessively messy or in unreasonable condition, an additional fee will be charged. A $25 per item fee will be charged for missing key(s) and $75 for each garage door opener or remote control(s). Guest will be liable for any additional charges incurred if Guest or Guest property remains past the agreed upon time, including paying wait times, or other associated costs for delaying arriving guests.

12. OCCUPANCY: The Home shall be occupied by no more than the number of individuals on the property listing site. Day/evening guests are limited to no more than 4 persons, who must vacate the premises by 10:00 p.m. A minimum charge of $200 per day per person may be imposed for excess guests. Any parties or occupancy doubling the maximum occupancy allowed will result in a termination of the stay and a $2,500 unauthorized event charge.

13. AMENITIES: The Home is fully furnished and includes ready-made beds and one set towels per guest. Amenities and furnishings are subject to change and may or may not be the exact same as represented, due to replacement, substitution, or other reasons. Agency provides a starter kit of soaps, paper goods, trash bags and other items. Agency assumes no responsibility for the quality or contents of any food products left on the premises and Guests use and/or consumption of the same is not recommended and shall be at the Guest`s own risk(s). Bedding and towels (except beach towels) are not to be removed from the Home.

14. GOOD NEIGHBOR POLICY – Occupants are expected to abide by all laws, be respectful, and maintain the residential character of the neighborhood. Infractions of the noise limits pursuant to SDMC § 59.5.0401 and 59.5.0501 can result in individual administrative citations of both the guest, and the host, of up to $1,000. If the police are called to address disturbances, health, safety, or general welfare issues, guests may be responsible for repayment to the City for the cost of the police response. Guests that fail to vacate the property by the expiration of the occupancy term, may be deemed trespassers and may be subject to removal by relevant authorities. Regardless of any ordinance, parties, over-occupancy and/or noise disturbances will result in termination of occupancy and forfeiture of all funds received.

15. COURTESY AND RESPECT: Guests and Occupants shall behave in a respectful and civilized manner toward neighbors, the local community at large and Agency staff members. Agency will take appropriate and immediate action in response to violations of this policy. Agency may immediately terminate the occupancy and retain all amounts paid if, at any time during the stay, Guest, or visitor(s) acts in a dangerous, unruly, or malicious manner, including verbal or physical abuse. This includes any discriminatory language or harassment over sex, sexual orientation, race, national origin, religion, or disability.

16. HOME SURVEILLANCE: Home may be equipped with exterior-facing cameras, routers and decibel monitoring devices that measure temperature, occupancy, and ambient noise.

17. GUEST`S NOTIFICATION RESPONSIBILITIES: Upon arrival, Guest shall examine the condition of the Home, furnishings, appliances, fixtures, and cleanliness and shall report any deficiencies upon discovery to ensure items are not attributed to Guest. Guest shall immediately notify Agency of any occurrences, existing or new, that may cause damage to the Home or adjacent properties, and to take reasonable measures to mitigate damages, otherwise, Guest may be responsible for damages for failure to do so. All damages, breakage, lost or missing items during the occupancy must be reported to Agency prior to departure.

18. MULTIPLE HOME RENTALS: Should Guest or acquaintance of Guest rent another home in proximity to the Home, no items shall be moved from home to home. Because of wear and tear, plumbing, and noise considerations, no more than 4 guests from either home should occupy the other.

19. GARBAGE: Guest shall place all food scraps in the garbage and not sinks. All waste generated during the rental period must be disposed of in a lawful manner in trash bags and in the receptacles provided with bags tied off to discourage pests. Guest agrees to notify Agency of overflowing trash bins.

20. SMOKING: Smoking and vaping are prohibited anywhere in or near the Home. Decontamination and littering charges starting at $500 per day will be assessed and Guest will be subject to eviction as well as financially responsible for any damage including, but not limited to, stains, burns and the cost of odor remediation and potential relocation costs of arriving guests.

21. DRUGS: Use of illegal drugs in the Home or premises is prohibited and may result in immediate termination of the stay with no refunds. Marijuana may not be vaped or smoked inside the Home. Guest assumes all liability for death or injury from any edible marijuana products, pharmaceuticals or other drugs on the premises left on the property at check-out.

22. PETS / SERVICE ANIMALS: Pets are prohibited unless otherwise approved in writing with a signed Pet Addendum. If an unauthorized pet is found on the premises, Guest may and/or pet may be evicted and Guest is responsible to remedy all pet damages and the cost of remediation, including pet allergen remediation, flea remediation and reimbursement to Agency. This includes any refunds or costs necessary to relocate or compensate for the relocation of future guests until remediation is completed. Service animals, as defined pursuant to regulations under the Americans with Disabilities Act, are allowed to accompany Guests during their stay. Service animals must be individually trained to perform a task for the benefit of an individual with a disability. Animals providing emotional support, comfort or companionship are not service animals. Guests must notify Agency at the time of reservation if they will be bringing a service animal. Service animals may be removed if they are disruptive, aggressive, or not housebroken.

23. IMAGERY AND VIDEO: Guest and Occupants agree that they shall not, and will ensure that any visitor of shall not, record, film, video, or in any other way document any sort of media production for broadcasting or public use in any format in the Home, unless the Guest(s) and/or visitor has received prior express written consent of Agency.

24. TELEPHONES: Landline phones are not provided. Emergency medical, fire and police service can be called by dialing 911. Many Homes are in areas with poor cell phone coverage. Please consult with Agency if you are concerned with cell phone signal strength.

25. TRANSIENT OCCUPANCY: Guest expressly acknowledges and agrees that this Agreement is for transient occupancy of the Home and that Guest does not intend to make the Home a residence or household.

26. OWNERS PROPERTY: Guest agrees not to access or use items in any areas that are the owners or Agency’s property, even if unlocked.

27. FIRE EXTINGUISHER: The Home is equipped with a minimum of one (1) fire extinguisher. It is the duty of the Guest to locate fire extinguisher, notify all other occupants of the location, and inform management immediately should the fire extinguisher be missing, or be less or become less than fully charged.

28. SMOKE DETECTORS/ CARBON MONOXIDE DETECTOR: The Home has smoke detectors and a carbon monoxide detector installed, and they are believed to function properly at the time of rental. Guest will notify Agency immediately if a detector(s) is removed, missing, uninstalled, “chirps” or has a low battery condition.

29. PARKING: Guest is advised that in many communities, parking is at a premium, and alleyways, garages and parking spaces can be small and narrow. Guest shall verify measurements of Guest vehicle(s) and parking spaces. No refunds will be given if vehicles do not fit in designated spaces.

30. SECURITY: Guest shall keep doors, windows, garage doors, etc. locked whenever possible/prudent and always at night or when the home is unoccupied. Note that most Homes are not equipped with a safe. Agency is not responsible for Guests’ property. Please consider leaving valuables at home.

31. NEW LOCKS OR ALTERATIONS: Guest shall not make or permit to be made any alterations to the Premises or change or add any lock without the prior consent of Agency.

32. LOST ITEMS: Agency shall bear no responsibility for lost, stolen or abandoned items. There will be a minimum $25.00 handling charge plus shipping costs for items returned at Guest`s request. Agency shall not be held liable for the condition of said items. Any items not claimed for longer than 30 days may be disposed of.

33. HOME ELECTRONICS: All applicable electronics, Wi-Fi, cable, satellite, cords, and audio-visual equipment should not be tampered with in any way. Please contact Agency maintenance for assistance with any adjustments needed. Costs for resetting, repairing, or replacing damaged, moved, or missing items will be charged to the Guest. Services are provided as a convenience only and are not integral to this agreement. No refund of rents shall be given for outages, content, lack of content, download/upload speed, access problems, lack of knowledge of use, or personal preferences.

34. AIR CONDITIONING / HEATING: Most rentals are not equipped with air conditioning. If so equipped, and if not regulated otherwise, Guest agrees that Air conditioning shall not be set below 72 degrees and heat shall not be set above 78 and that the fan setting shall be “Auto”. Doors and windows shall be closed when either heat or air conditioning is in operation. There are no refunds for lack of or malfunctioning HVAC Homes.

35. POOL AND/OR SPA: If so equipped, spa heating is included. Pool heating, unless solar equipped is an additional fee and must be paid for prior to use. Guest agrees not to tamper with pool heat controls or manipulate heater in any way. Pool and spa heat shall not exceed 86 and 102 degrees respectively. Guest understands that the area surrounding the pool and spa may not be fenced or secure. Guest also understands and agrees to be responsible and liable and will pay Agency upon request for any damages that occur to the pool and spa and related systems because of tampering, misuse, and/or negligence including failure to rinse sand off prior to entering pool or spa.

36. UTILITY USE: Rents are based on historic average utility rates. Guest shall act in good faith to not waste gas and electricity, including keeping doors and windows closed when heat or air-conditioning is in use, and not to exceed specified temperatures of pool and spa heat. Guest shall not utilize non-specific electrical outlets to charge vehicles without preapproval in writing. Crypto mining, grow rooms or other non-typical use of utilities are strictly prohibited. If the Homeowner incurs a financial loss from an extraordinary increase in the operating expenses, or the uses result in damages to the property and/or systems, Guest will assume all liability and agrees to reimburse the homeowner in full for any overages or losses upon notification.

37. SERVICE AND UPKEEP: Landscaping, windows, pools/spas may require service during a guest occupancy. Agency will endeavor to communicate in advance any vendors who will be accessing the home. Guest understands the regular scheduled upkeep is essential and will allow access to vendors when needed.

38. SYSTEM(S) / FURNISHING / AMENITY FAILURES: In the event, the rental Home sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, HVAC, pool, hot tub or other system or amenities, Agency will make every reasonable effort to repair or replace the failed system or equipment, as soon as possible. And in such event, Guest agrees to permit Agency or its service provider to have reasonable access to the Home to inspect and make such repairs. Neither the homeowner nor the Agency shall be liable to Guest for damages, and no refunds will be given for such failures unless the home is deemed uninhabitable.

39. NOISE AND NOISE TRANSMISSION: Guest is aware that Home is in a populated area and it is, therefore, subject to noise from nearby residences/businesses/traffic and or construction. If Home has common walls, ceilings, or floors, noise will likely travel between and cause disturbance to Guest from other residences.

40. OTHER OCCURRENCES: Agency does not accept liability for any loss or damage caused by but not limited to the following: weather conditions, natural disasters, pests, construction disturbances, pandemics, acts of God, or other reasons beyond its control. There shall be no refunds of rents because of shortened stays, ruined expectations, or departures due to work and family emergencies, illness, unavailability of any or all parts of the Home, or any other reasons. It is highly recommended that Guest purchases travel insurance.

41. SALE / LEASE OF HOME: If Home is actively listed for sale or lease, Agency may notify Guest to schedule and show Home.

42. RESERVATIONS ARE NOT FULLY GUARANTEED: If the Home is not available or becomes unavailable or uninhabitable for the reservation dates, Agency will attempt to find a substitute a home of equal or greater value. If the substituted Home rents for less for the same period, the difference will be refunded to Guest. Guest will have the option to cancel the reservation within 72 hours of notification by Agency. In this event, the sole remedy for any perceived damages, liability, or inconvenience is a full refund of the rental amount.

43. AGENCY: It is mutually understood and agreed that Agency is acting as Agent only for the Homeowner and has no liability to either party for the performance of any terms or covenant of this agreement. Furthermore, Guest understands Agency is being compensated in this transaction by the homeowner and is contractually obligated to protect the interest of the same. Agency hereby discloses to Guest that should Guest elect to purchase travel insurance protection or damage insurance through Agency, Agency may be compensated by the provider(s) for cooperation in the transaction.

44. WAIVER OF LIABILITY: for spa, hot tub, pool, sauna, gym, pond, decks, railings, bunk beds, stairs, and other potential hazards, herein referred to as Special Features. If so equipped, it is the Guest`s responsibility to familiarize themselves with potential dangers. There are special risks involved for anyone, particularly children who are not carefully supervised, intoxicated person(s), on any kind of drugs or medication, with health risks, or if pregnant. Guest agrees to explain the risks of the presence of and use of Special Features to all occupants and visitors and prohibit access to any unsafe sections of the property for children or others at risk. Swimming pools and spas or ponds may not be fenced and will require extra vigilance. Guest agrees to assume all responsibility to make all occupants aware of the risks and consequences of those risks and to be fully and solely responsible for any accidents that may occur. Guest agrees to waive any claim whatsoever against the homeowner or Agency for accidents, injuries or claims.

45. HOLD HARMLESS: Guest and occupants waives and releases and agree to hold harmless and indemnify Agency and the Homeowner against any and all claims, settlements, and damages (claims) arising from any cause during their stay, including off premises activities they participate in during their stay, including, without limitation, personal injury, property damage, expenses, judgments, fines, settlements and other amounts resulting from the Guest stay regardless of the nature of the accident, injury, or loss, other than claims arising from the gross negligence of MM, its agent or employee. Guests and occupants also expressly recognize that any insurance for property damage or loss which the Homeowner may maintain on the property does not cover the personal property of Guests, and that Guests should purchase their own insurance if such coverage is desired.

46. ADDITIONAL TERMS AND CONDITIONS: The undersigned, for himself/herself, his/her heirs, assignors, executors, and administrators, fully releases and discharges Agency and Owner from any and all claims, demands, and causes of action by reason of any injury or whatever nature which may have occurred 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 Agency and Owner free and harmless of any claim or suit arising therefrom. 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.

47. SUBLEASING: Guest shall not sublet the property.

48. WRITTEN EXCEPTIONS: Any exceptions to the above-mentioned policies must be approved in writing by Agency in advance.

49. DISPUTES: Any 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 Home is located. Both parties’ consent to the exclusive venue and jurisdiction of such court. Guest agrees to pay all reasonable costs, attorney`s fees and expenses that shall be made or incurred by the Agency enforcing this agreement.

50. SIGNATURES: Facsimile and electronic signatures are deemed original signatures and agreeing to online terms and conditions constitutes acceptance of these terms and conditions.

51. CREDIT CARD AUTHORIZATION: Guest agrees to provide Agency with a valid credit card for the duration of the reservation. Guest is providing the credit card as a guarantee. Guest certifies that he/she has read and agrees to abide by the terms of this agreement and agrees to pay and authorize Agency to charge any rental amounts, taxes, security deposits, extra cleaning, missing property and any damages not covered under the Security Deposit Protection (Paragraph 3) and fines or charges pertaining to violations of the rental agreement. Guest understands that all credit card sales are final. Should Agency be unable to recover costs from the credit card on file, Guest is responsible to provide an alternative method of reimbursement within 48 hours of notification.

52. COMMUNICATIONS: Guest requests pertaining to the Rental Agreement or issues related to occupying the Home must be in writing, either via email or text from the address or number provided upon reservation confirmation.

53. ELECTRONIC CONSENT: By checking the box and clicking on the “I AGREE” button, Guest is consenting to the use of an electronic signature in lieu of an original signature on paper. Guest has the right to request to sign a paper copy instead. Guests’ agreement to use an electronic signature for any documents will continue until such time as Guest notifies Agency in writing that you Guest longer wishes to use an electronic signature. There is no penalty for Guest withdrawing this consent. By providing Agency with an email address and phone number, Guest agrees to receive emails and text messages and other electronic communications. Message and data rates may apply. Message frequency varies.