|RESERVATIONS: All Reservations are subject to Management and Property Owner approval. Online rates are subject to change without notice. Should there be ANY issues with the reservation, you will be contacted within 48 hours.
PROPERTY: Guest rents, for vacation purposes only, the furnished real property and improvements described.
ARRIVAL & DEPARTURE: Check-in time is no earlier than 4:00 PM on arrival date. This time may be delayed should unforeseen circumstances arise. Check-out time is NO LATER than 10:00 AM on the departure date. Early Check In and Late Check Out options are available for an additional fee if available. If Early Check and/or Late check out are approved you will get a email confirmation from the reservation team.
CANCELATIONS & REFUNDS:
(i) If Guest cancels at least 60 days prior to the Arrival Date, Property Manager will refund to Guest 100% of all amounts paid or deposited by Guest prior to the cancellation.
(ii) If Guest cancels less than 60 days prior to the Arrival Date, Property Manager will not be entitled to any refund of any amounts paid or deposited by Guest prior to the cancellation except for the Departure Cleaning Deposit, Pet Fees, and Security Deposit, which shall be refunded 100% to Guest.
(iii) No refunds will be provided for failure to arrive, late arrival, or early departure.
(iv) No refunds will be provided due to (1) unfavorable weather, interruption of utilities, inoperable appliances or amenities, beach closures, construction or other activities in the area, or maintenance problems; or (2) flooding, tornados, tsunamis, hurricanes, or other potentially dangerous situations arising from acts of God or nature, whether or not the same result in damage to the Property or otherwise interfere with Guest's use of the Property.
PROPERTY MANAGER HIGHLY ENCOURAGES GUEST TO PURCHASE TRIP INSURANCE OR "CANCEL FOR ANY REASON" INSURANCE OFFERED BY A THIRD PARTY PROVIDER, SUCH AS TRAVELEX, TO MITIGATE THESE POTENTIAL LOSSES.
Any refunds due to Guest from a credit card payment will be refunded by credit card transaction; all other refunds will be made within 30 days by company check.
Damage Waiver and Capacity Restrictions:
Guest is required at the time of booking to pay a Non-Refundable Damage Waiver OR Refundable Security Deposit
Damage waiver amount varies by property. Coverage amounts are as follows and are fixed to the property in this contract. $99 = $500 in coverage - $149 = $1000 in coverage - $199 = $1500 in coverage - $299 = $2500 in coverage. If damage occurs guests are responsible for any and all damage past the coverage. The amount of any Damage Waiver is not intended to be a limit or a "cap" on the damages for which Guest may be liable under this Agreement. All additional costs, charges, and damages for which Guest may be or become liable under the terms and conditions of this Agreement shall be either deducted from the Security Deposit or charged to Guest's credit card on file, at the election of Property Manager.
The Security Deposit will be held by Property Manager as security for the performance by Guest of the terms and conditions of this Agreement. All additional costs, charges, and damages for which Guest may be or become liable under the terms and conditions of this Agreement shall be either deducted from the Security Deposit or charged to Guest's credit card on file, at the election of Property Manager. The amount of any Security Deposit is not intended to be a limit or a "cap" on the damages for which Guest may be liable under this Agreement. The Security Deposit will be refunded within 30 days after the Departure Date, less any deductions as described herein. NOTE: In lieu of a Security Deposit, Property Manager may, in its sole discretion, permit Guest to obtain liability and property damage insurance covering Guest's stay from a third party insurer acceptable to Property Manager in such form and amounts as are acceptable to Property Manager.
Terms include a No Tolerance Policy regarding excessive noise, parties, or disturbing neighbors. Please make sure you are comfortable with our Terms as they are strictly enforced.
UNAVAILABILITY: For any reason beyond the control of Management, the Premises become unavailable, Management may substitute a comparable unit or cancel this Agreement and refund in full all payments made by Guest.
STRICT NOISE ORDINANCE: We have a strict noise ordinance that must be followed. No loud noises, music, load vehicles are allowed between the hours of 10:00 pm and 7:00 am. Please note if the these are followed you can be fined and asked to vacate the property.
APPROVED GUESTS AND USE: The Premises are for the sole use as a personal vacation residence by Approved Guests. Reserving Guest is responsible for any guests that use the property during the term of this agreement. Guest may not exceed Max Occupancy for Property at any time. If the Premises are used, in any way, by more than max allowed guests, (i) Guest and all others may be required to immediately leave the Premises or be removed from the Premises; (ii) Guest is in breach of this Agreement; and (iii) Guest forfeits its right to return of any monies collected.
OCCUPANCY: Approved Guests are persons who will occupy the Premises. No unlawful activity or any other activity that constitutes a nuisance is permitted on Premises. Approved Guests take full responsibility for all lost or broken items, and any damages to the Property of any kind.
CLEANING: Premises will be delivered to Guest in a professionally cleaned condition. Should Guest's use and activity require more than regular cleaning services, Guest will be charged for associated excess costs.
PETS: Pets are only allowed at designated pet friendly properties. Fees are associated with bringing a pet. Fines are associated with concealing your pet at a Tower 17 Rental Property.
NO SMOKING: No smoking is allowed on the Premises. If smoking does occur on the Premises, (i) Guest is responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors and removal of debris; (ii) Guests may be required to immediately leave the Premises, or be removed from the Premises; (iii) Guest is in breach of this Agreement.
CONDITION OF PREMISES: Guest 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 Guest the right to cancel this Agreement or receive a refund of any payments made.
LOST ITEMS OR LEFT ITEMS: Management assumes no responsibility for lost, stolen or abandoned items. Reasonable effort will be made to contact the Guest for return. There will be a $25.00 handling charge plus shipping costs for any found items returned at Guest’s request. Management shall not be held liable for condition of said items. Any items not claimed for longer than 30 days, may be donated or sold.
MAIL SERVICES: You may ship directly to the home that you are staying in using Fedex or UPS while your are in the home, however we can not guarantee delivery or security of the package. This will be up to the shipping client and the shipping receiver to arrange. **We are not responsible for any lost, damaged or delayed deliveries. Returning late deliveries after a guest has left will incur an additional fee, plus cost of shipping.
MAXIMUM OCCUPANCY: No guests in excess of the maximum occupancy specified in the rental agreement shall occupy the property. Breach of this will result in immediate termination of the rental agreement with a forfeiture of the entire rental amounts and or security deposit.
NO PARTIES: All of our rentals are in residential areas and may NOT be used for weddings, receptions, parties, or large gatherings. Any disruptive events could result in the eviction and forfeiture of entire rental amount and security deposit.
ILLEGAL SUBSTANCES: No illegal substances are allowed in the rental, and minors should not be in possession of alcohol. Violations will result in eviction from the property and no refunds will be issued.
TV/CABLE/INTERNET/SATELLITE: No refund shall be given for number of devices, outages, content, or lack of content or personal preferences with regard to cable/internet/satellite service. Services are provided as a convenience only, and are not integral to this agreement. No refund shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to service.
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 units.
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. Guest understands that the area surrounding pool and spa may not be fenced or secure. Guest understands and agrees to be responsible and liable for any damages that occur to the pool and spa and its support equipment through Guest misuse and/or negligence.
SYSTEM(S) FAILURES: In the event the rental unit sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, hot tub or other system or structural systems, neither the property owner nor the Management shall be liable to Guest for damages, and no refunds will be given for such failures. However, Management will make an effort to promptly repair or replace the failed system or equipment, and in such event, Guest agrees to permit Manager or its service provider to have reasonable access to the property to inspect and make such repairs.
UNFORESEEN OCCURRENCES: Management will not assume liability for any loss, damage or inconvenience caused by but not limited to the following: weather conditions, natural disasters, pests, construction, acts of God, or other reasons beyond its control. There shall be no refunds available as such instances are beyond the control of Management. It is highly recommend that Guest considers travel and/or rental insurance.
RULES; REGULATIONS: NO COMMERCIAL USE. Guest agrees to comply with any and all rules and regulations that are at any time posted on the Premises or delivered to Guest. Guest shall not, and shall ensure that Guest and licensees of Guest shall not: (i) disturb, annoy, endanger, or interfere with other Guests of the building in which Premises is located or its 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.
MAINTENANCE & REPORTING: Guest 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. Guest shall immediately notify Management of any problem, malfunction or damage. Guest shall pay for all repairs or replacements caused by Guest, excluding ordinary wear and tear. Guest shall pay for all damage to the Premises as a result of failure to report a problem, malfunction or damage in a timely manner.
ENTRY: Management and Managements representatives 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 Guest has complied with the terms of this Agreement; or (iii) in case of emergency. Management and Managements representatives and agents have the right to enter the Premises, upon reasonable notice of at least 24 hours, to show the Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers or contractors.
PARKING: Most parking meters require payment from 8 a.m. to 6 p.m. daily, including weekends and holidays. Hours of operation are posted on meter head, pay station or signage. Balboa Pier lot requires payment 24 hours a day. Watch for street sweeping signs when street parking Balboa Blvd (outer lanes free) Balboa Blvd (median $$) Download the “park mobile” app on your phone and enter the code on the posted green signs where you parked to pay for your meter (this way you don’t physically have to go to your car to put more money in the meter) Do not park in or block the Alley’s - You will be ticketed by NBPD
TERMINATION OF OCCUPANCY: Upon termination of occupancy, Guest shall: (i) return all copies of all keys or opening devices to the Premises, including any common areas; (ii) vacate the Premises and surrender it to Management empty of all persons at agreed upon time; (iii) vacate any/all parking and/or storage space; and (iv) deliver the Premises to Management in the same condition less ordinary wear and tear as received upon arrival.
WEATHER/MOTHER NATURE: We cannot be held responsible for circumstances beyond our control. This includes excessive noise from construction or public/private events, wildfire/smoke, weather related interruptions. interruption of services and utilities or unexpected appliance breakdown.
PERSONAL PROPERTY AND INJURY: (i) Owner Insurance: Guest personal property, including vehicles, are not insured by Owner 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/Management does not insure against personal injury to Guest, guests or licensees due to any reason other than the condition of the Premises. (ii) Indemnity and Hold Harmless: Guest agrees to indemnify, defend and hold harmless Owner and Management from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage or injury to Guest or licensees or their personal property.
MEDIATION: Guest 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.
JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Guest, each one shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually with every other Guest.
ENTIRE CONTRACT: Time is of the essence. All prior agreements between Owner and Guest 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 the 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.
RELEASE: In consideration of the right to visit the home, Guest agrees to release to the fullest extent allowed by law, Owner and its Management, members, officers, associates, employees, agents, representatives, attorneys, assigns, and affiliates (collectively, the Affiliates) from all liability or responsibility of any kind whatsoever for any personal injury, death, property damage or other loss sustained by me, my minor children, any guest identified on this form, or any guest or person allowed onto the property during my rental dates as a result of my, my childrens or the guests participation in a visit to the home, due to any cause whatsoever, including without limitation negligence on the part of Owner or Management. I understand that this release will bind my heirs, administrators, executors, and any other person or entity seeking to claim under or through me.
|Tower 17 Properties and Management LLC
PO BOX 1933
Newport Beach CA 92659