SHORT-TERM RENTAL TERMS AND CONDITIONS
Thank you for your interest in renting our vacation home!
This document tells you specifically what you must agree to do if you want to rent our home ("the Property"), and what you can expect to receive from us if you do. Please read it carefully.
These Terms and Conditions, including our Cancellation and Refund Policies, our rate Quotation and our Reservation Confirmation, together form a legal contract ("the Agreement") between the individual identified as "the Renter" (also herein as "You" and "your") and "the Owners" of the Property or their designated representatives (also herein as "We" "our" and "Us").
We require You to accept the entire Agreement in full before we can permit You to occupy the Property. You can indicate your acceptance by selecting the "I accept" options at the bottom of this Agreement.
We require all guests accompanying You during your rental period (hereafter "the Guests") also accept this entire agreement in full. You alone agree to take full responsibility for maintaining the compliance of all of the Guests.
Note that to accept in full, You will have to select to accept BOTH the Terms and Conditions, and also separately our Cancellation and Refund policies.
After we receive your reservation request and accepted Agreement, we indicate our acceptance of it by sending to You a written Reservation Confirmation. Without that Confirmation, there is no completed Agreement between us, You do not have a reservation for the Property and You cannot occupy the Property.
1 YOUR REQUIREMENTS AND OBLIGATIONS
1.1 AGE: You agree that as of the date you request the reservation, You are at least 18 years old. NOTE: if You are under age 25 You also agree to provide a larger cleaning deposit amount, as specified in the Quotation.
1.2 RESIDENCY: You agree that You will be residing at the Property with your group of allowed overnight guests, as specified in the Quotation (hereafter "the Guests") during the entire rental period.
1.3 MAXIMUM OCCUPANCY: You agree that the total number of persons on the Property, regardless of age or duration of occupancy, will not exceed the maximum rental occupancy of the Property at any time during your rental period.
1.4 EXCLUSIVE OCCUPANCY: You agree that the overnight occupants of the Property will only be those specified in the Quotation. You will not share the Property or sublet it to any other persons during your rental period.
1.5 RESIDENTIAL USE ONLY: You agree that You and the Guests will only use the Property for strictly overnight residential purposes. You agree that you and the Guests will not use the Property to host events or for any other non-residential use.
1.6 FALSE REPRESENTATION: You agree that false representation by you is a serious and material breach of the terms of this Agreement, which also may expose You, the Renter, to liability for Fraud.
NOTE: For your own safety and protection, if at any time the facts of your visit change in any way from that described in the Agreement, contact us immediately so that we can accommodate your changing needs to the best of our abilities.
1.7 PREPAYMENT IN FULL: You agree to deliver to us all payments required by the Agreement, on time and in full, prior to your occupancy under its terms. Any changes to the terms of the Agreement requiring additional payment are null and void until and unless we have received that additional payment in full.
1.8 PAYMENT CONFIRMS ACCEPTANCE: Since no reservation is possible without accepting this Agreement in full, You agree that when you send us the reservation deposit specified in the Quotation, you are also confirming your acceptance of the Agreement in full.
1.9 DAMAGE PREVENTION: You agree to ensure that all occupants will use and operate all appliances and furnishings properly, including all electrical and gas appliances; plumbing fixtures; electronic home entertainment property; heaters and stoves; barbeque grills and all other items of any kind or nature whatsoever provided to You and the Guests during your rental visit. Instruction manuals are available -- please read them. Call us if you have any questions at all.
1.10 CLEANLINESS: Maid services are not available during your visit. The Property will be cleaned only before your arrival and after your departure. You agree to ensure that all occupants will leave the Property in a reasonably clean and orderly condition, so that no extraordinary housekeeping is required after your departure. Instructions, guides and suggestions are posted inside the home for your benefit. We use your cleaning deposit to pay for the effort to clean after You leave, and then refund any remaining balance to You. So your cleaning efforts directly influence the amount of your refund.
1.11 PETS: You agree that no pet is allowed on the Property unless it is both approved by The Owners prior to your arrival and paid for in full. This applies to each and every pet on the Property during your rental period. These charges will appear in the Quotation. You also agree to expect that your cleaning charges may be higher because of the presence of a pet.
1.12 DAMAGE NOTIFICATION, REPLACEMENT AND REPAIR: You agree to notify us, the Owners promptly when damage of any kind occurs. We expect there to be normal wear and tear during your visit and we do not hold You responsible for that type of damage. However, You agree that damage discovered by us only after your departure is presumptively not "normal" wear and tear. It is in your best interest for You to notify us of any and all damage that occurs during your rental visit.
1.13 REIMBURSEMENT FOR REPLACEMENT OR REPAIR: You agree to reimburse the Owners' cost required to remedy any loss, damage or destruction of property caused by You or the Guests, and for any extra cleaning required. We will notify You of the costs of damages or extra housekeeping within ten days of written notice to us from our cleaning and maintenance contractors. On your request We will provide you with copies of the receipts or invoices that document these costs. You hereby authorize us, the Owners to charge your credit card or otherwise bill you for any such documented costs.
1.14 NO SMOKING OR UNAPPROVED FIRES: You agree that smoking is not allowed anywhere within the home. Due to the risk of forest fires, You agree that no outdoor fires are allowed unless approved by the Owners in advance. In any case, You agree to assume all liability for any fires that may occur on the Property during or immediately following your rental period.
1.15 THE RENTER BEARS FULL RESPONSIBILITY: No matter who might perform any obligation of yours in this Agreement, or who might violate any of its terms, You, the Renter, agree that only you bear full legal responsibility for your obligations and performance in this Agreement.
2 OUR OBLIGATIONS TO YOU
2.1 EXCLUSIVE RIGHT TO OCCUPY: In return for the full satisfaction of your obligations in the Agreement, We will allow You, the Renter, and the Guests accompanying You to have an exclusive right to occupy the Property between the arrival and departure dates specified in the Quotation.
2.2 CONTINGENCY: This right to occupy is entirely contingent on all occupants complying in full with all terms, conditions, and policies described in this Agreement, for the duration of the rental period. This contingency applies to any occupant of the property, regardless of whether the occupant is an overnight Guest or not.
2.3 REMEDIES FOR NON-COMPLIANCE: If any occupant fails to comply with any terms of the Agreement, the Renter and Guests agree to vacate the Property immediately upon demand of the Owners. Failure to vacate immediately upon demand may expose You, the Renter and the Guests to forcible ejection and prosecution.
2.4 AS-IS CONDITION: We pledge that We will try to provide the Property to You in a comfortable, home-like condition to the best of our abilities. As with any home, we cannot predict the failure of utility, infrastructure, furniture or appliances or the occurrence of similar problems before or during your rental period. Once You inform us of a problem we will do our best to correct the problem promptly. However at times we must wait for outside service or parts delivery. You agree to expect the Property to be in AS-IS condition, and to accept that We have no obligation to provide You with any partial or full refund due to any inconvenience such problem or failure may cause.
3 ARRIVAL AND DEPARTURE
3.1 ARRIVAL TIME: The Renter agrees that the Property will not normally be available for occupancy until 5pm on the arrival date.
3.2 EARLY ARRIVAL: The property may be available to the Renter and Guests as early as 3pm on the arrival date, but only if the Owners or a designated representative (typically the caretaker or a cleaning contractor) permits it.
3.3 NOTIFICATION WHEN READY: The Renter may request to receive at text or similar message when the Property is ready to be occupied. If requested, the Renter agrees to permit the Owners to share your contact information with contractors who will send the message. The Renter agrees that failure to receive this message, for any reason, shall not in any way constitute a material breach of this Agreement.
3.4 DEPARTURE TIME: The Renter and Guests agree to fully vacate the Property by the normal departure time of 10:30am on the departure date.
3.5 LATE DEPARTURE: The Renter's exclusive right to occupancy expires at normal departure time. If the Renter or the Guests have not fully vacated the Property by that time, they must allow others unrestricted access to the Property on demand.
3.6 DEPARTURE TIME LIMIT: If the Renter or any Guests have not fully vacated the Property by 12:00 noon on the departure date, the Renter agrees that this will constitute material breach of the Agreement, and furthermore exposes any remaining occupants to the risk of immediate ejection by force.
3.7 EXTENSIONS: The Renter agrees that no extensions in the rental period are permitted without prior written approval from the Owners, and also payment in full of any additional amounts due under the terms specified in that approval.
3.8 LATE ARRIVALS AND EARLY DEPARTURES: The Renter agrees that the Owners have no obligation whatsoever to provide the Renter with any refund for a late arrival or early departure of the Renter or any Guest, regardless of the reason, unless the change has been approved in writing by the Owners.
4 PRIVACY, PERSONAL SAFETY, AND RELEASE OF LIABILITY
4.2 WEATHER AND WINTER CONDITIONS: The Property is located in high elevation mountainous terrain. The local area experiences all four seasons, which can bring unexpected stormy weather and possible power outages at any time of year. Winter driving conditions can become severe. The roadways may not be passable during and after Winter storms. We advise You and all Guests to monitor the local weather forecast during your visit, and we strongly advise that you carry tire chains in your car during the months of November through April.
4.3 LIMITATION AND RELEASE OF LIABILITIES: We advise you that the Property and surrounding mountainous area include natural hazards that are an essential part of the Property's character and environment. We the Owners make no specific guarantee or assurance as to the safety of the premises, particularly for small children, disabled or infirmed persons, or during bad weather. You and all Guests assume full and complete responsibility for your own safety. You and all Guests agree to indemnify, save and hold harmless the Owners from any personal injury, loss, liability, damage or cost You or any Guests may incur, for any cause or reason, during your visit to our Property. You and all Guests agree that (1) IN NO EVENT SHALL WE THE OWNERS BE LIABLE UNDER THE AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY AND (2) THE OWNERS' AGGREGATE LIABILITY UNDER THE AGREEMENT IS LIMITED TO THE NET AMOUNT RECEIVED AND RETAINED BY THE OWNERS IN CONNECTION WITH THIS AGREEMENT.
5 SEVERABILITY, AMENDMENTS, DISPUTE RESOLUTION AND JURISDICTION
5.1 SEVERABILITY: You agree that the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
5.2 EXCEPTIONS, AMENDMENTS AND MODIFICATIONS: You agree that any exceptions, modifications or amendments to this Agreement must be expressed in writing and approved by both You and the Owners, after which they become incorporated as a whole into this Agreement.
5.3 DISPUTE RESOLUTION: You agree that any dispute arising under this Agreement shall be mediated subject to the rules of the American Arbitration Association at the branch office closest to Mariposa, California.
5.4 JURISDICTION: You and the Owners agree that any disputes arising out of or in connection with this Agreement will be subject to the exclusive jurisdiction of the Courts of Mariposa County, CA.
SHORT-TERM RENTAL CANCELLATION AND REFUND POLICIES
You, the Renter, acknowledge that cancelling a reservation Agreement may subject the Owners to significant material losses, including but not limited to lost rents and wasted administrative time and effort.
We, the Owners, acknowledge that cancellations may still be unavoidable, and so both the Renter and the Owners hereby agree to the following Cancellation and Refund Policies.
1 FOR RESERVATIONS CANCELLED BY THE RENTER
1.1 GREATER THAN 30 DAYS PRIOR: If the Renter cancels the Agreement more than 30 days prior to the arrival date, the Owners agree to provide to the Renter a full refund of all payments made in consideration for the rental under the terms of the Agreement.
1.2 LESS THAN 30, BUT MORE THAN 7 DAYS PRIOR: If the Renter cancels the Agreement within 30 days of the arrival date, the Renter agrees to forfeit the entire reservation deposit amount. The Owners agree to refund to the Renter the remaining balance of all payments already made in consideration for the rental under the terms of the Agreement.
1.3 WITHIN 7 DAYS OF ARRIVAL: If the Renter cancels the Agreement within 7 days of the arrival date, the Renter agrees to forfeit 3 times the nightly rental amount or the total rent amount, whichever is less. The Owners agree to refund to the Renter the remaining balance of all payments already made in consideration for the rental under the terms of the Agreement.
1.4 TAXES AND CLEANING DEPOSITS: If the Renter cancels the reservation at any time prior to arrival, the amount refunded will include all cleaning deposit amounts received from the Renter, and also any tax amounts that the Owners are not required to pay to the corresponding tax authority on behalf of the Renter.
1.5 AFTER ARRIVAL: If the Renter cancels the Agreement at any time after the arrival date, the Renter agrees that the Owners have no obligation to provide any additional refund at all beyond any cleaning deposit refunds that might be due under the terms of the Agreement. THIS INCLUDES CANCELLATION DUE TO POWER OUTAGES OR ADVERSE WEATHER CONDITIONS. The Renter agrees that an early departure of the Renter or the Guests after arrival does not change the terms of the Agreement in any material way.
2 FOR RESERVATIONS CANCELLED BY THE OWNERS
2.1 ABSOLUTE LIMIT: In the unlikely event that the Owners must cancel the Agreement, the Renter and the Owners agree that the Owners will under no circumstances be obligated to refund or pay to any third party aggregate amounts that exceed the total amount paid to the Owners in consideration for the rental under the terms of the Agreement.
2.2 PRIOR TO ARRIVAL: If the Owners must cancel the Agreement prior to the arrival date, the Owners agree to provide to the Renter with a full refund of all payments made in consideration for the rental under the terms of this Agreement.
2.3 AFTER ARRIVAL: If the Owners must cancel the Agreement after the arrival date, the Renter and the Owners mutually agree that the Agreement will be amended with the date of cancellation becoming the new departure date. The Owners agree to refund to the Renter any amounts overpaid in consideration for the rental under the amended terms of the Agreement.