Rental Terms and Conditions
Dear Guest of San Diego Beach N Bay Rentals;
Reservations are not confirmed until you Fill out and Sign this agreement and are contacted with an approval by a reservationist within 12 hours of submitting your booking.
This agreement is between you, a Licensee of the rental property, hereafter referred to as ‘Guest(s)’ and ‘Wilar Sunset LLC’ hereafter referred to as ‘Owner’ dba San Diego BeachNBay Rentals hereafter referred to as ‘BNBR’, sole agent authorized by the owner of the rental property.
1. LICENSE. In consideration of the moneys paid and promises contained herein, the Owner does hereby grant to Guest, the license to use those premises described above for the period described above. Guest acknowledges that he/she is occupying the premises only as a licensee of the Owner, and that this agreement does not create a landlord-tenant relationship or any other interest in the Owner’s property.
2. RESERVATIONS. For the reservation to be confirmed, BNBR must receive this signed agreement, along with an advance rental payment of one third (1/3) of the Total amount Due plus Security Deposit or Damage Insurance fee, and the Vacation Travel Insurance premium, if chosen, (both described below) within 2 days of the date this agreement is entered into. The Full Balance is due 30 days prior to check-in. Reservations made within 30 days of arrival will require payment in full at the time the reservation is made. All reservations must be paid in full prior to check-in and disbursement of keys/door code. Any reservation that is not confirmed as described above will be automatically canceled.
3. PAYMENTS. Payments may be made per credit card, personal check, cashier’s check, money order, or wire transfer. Payments by check must be received 30 days prior to check-in date. All forms of payment must match name(s) on reservation. There is a $35 charge for non-sufficient funds (“NSF”) for returned checks on any sums due. We do not redeposit returned checks; they must be replaced with a credit card, cashier’s check or money order. An NSF check will result in cancellation of this Agreement if the required payment is not made within 2 days of NSF date.
4. VACATION RENTAL INSURANCE G-10VRD aka Security Deposit Protection or Damage Insurance: Vacation Rental Damage Protection: This Vacation Rental Damage plan covers unintentional damages to the rental unit interior that occur during your stay, provided they are disclosed to management prior to check-out. The policy will pay a maximum benefit of $3,000. Any damages that exceed $3,000 will be charged to the credit card on file. If you damage the real or personal property assigned to your rental accommodation during the your stay, the Insurer will reimburse the lesser of the cost of repairs or the Actual Cash Value of the property, up to $3,000.Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy which can be found through the link www.vacationrentalinsurance.com/G10VRD. The Vacation Rental Damage can be purchased up to, and including at, check-in. By submitting payment for this plan, you authorize and request ‘CSA Travel Protection and Insurance Services’ to pay directly San Diego BeachNBay Rentals any amount payable under the terms and conditions of the Security Deposit Protection. Please contact BeachNBay Rentals directly if you do not wish to participate in this plan or assignment to arrange a cash deposit alternative.
____ Yes, add damage Insurance _____No, I decline damage Insurance and will pay cash Security Deposit.
5. VACATION Travel Insurance: This is an optional Guest Protection Insurance (G330CSA) that ‘CSA Vacation Travel Insurance’ offers which has also been included as an option with your reservation with San Diego BeachNBay Rentals. This insurance policy through CSA reimburses for pre-paid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. With coverage for Baggage Delay, Emergency Assistance, Trip Interruption and more, CSA’s Guest Protect Plan can help you focus on you and your guests enjoying yourselves. CSA can provide help with other issues that may come up, like the need for a medical referral, or Trip Cancellation coverage which keeps you from losing your vacation savings if you need to cancel for a covered reason. For complete information on policy benefits, limits and exclusions, please contact CSA at (888) 470-9123 or click on link www.vacationrentalinsurance.com/sdbeachn. We strongly recommend you purchase this Guest Protection Travel Insurance plan with your initial deposit. By signing below, you acknowledge you have read and understand our cancellation policy. ____ Yes, add Travel Insurance _____No, I decline Travel Insurance
6. CANCELLATION. Guest may cancel a reservation at any time by notifying BNBR in writing or via e-mail. If Guest’s cancellation notice is received 30 days or more prior to check-in date, Guest will receive a full refund minus an $85.00 Cancellation Fee. If Guest’s cancellation notice is received less than 30 days prior to check-in date and the property is re-rented at the same rate to another party, Guest will receive a full refund, minus the $85.00 Cancellation Fee. If the property is re-rented for less than the cancelled original rate, Guest will receive a partial refund equal to the re-rented rate, minus the $85.00 Cancellation Fee. If the property is not re-rented within the 30 days prior, BNBR will retain all payments. Reservations for period consisting of 31 or more days, require an equal number of advanced cancellation notice in order to receive a full refund (i.e. 60 day rental period requires a prior to 60 days cancellation notice), minus the $85.00 Cancellation Fee. If cancellation notice is received less than the equivalent number of booked dates and the property is re-rented at the same rate to another party, Guest will receive a full refund, minus the $85.00 Cancellation Fee, etc (same terms as above). Ability to re-rent your canceled week on short notice is not guaranteed, therefore the Vacation Travel Insurance (G330CSA) option is strongly recommended. Full terms and conditions are available upon policy purchase or for more information contact CSA at www.vacationrentalinsurance.com/sdbeachn or (888) 470-9123. Cleaning fees, Vacation Rental Insurance (Damage Insurance), and taxes will always be refunded in the event of a cancellation.
Guest Signature (acknowledgement):_____________________________
7. MINIMUM RENTAL AGE: BNBR requires that guests be at least 25 years of age or older. A Guest under the age of 25 years of age requires a co-signer over the age of 25 years of age who assumes full legal responsibility of rental. Co-signer expressly accepts the terms of this Rental License Agreement and understands that co-signers credit card may be charged in compliance with the terms of this agreement. Co-signer further agrees that credit card charges that comply with the terms of this agreement are final. BNBR will make an exception and rent to mature guests under the age of 25 years old at its discretion; but has the right to refuse any reservations regardless of age.
Co-signer Initials (if applicable): ________
8. RESTRICTIONS. Guest agrees to observe with any and all restrictions of BNBR, posted on the premise or delivered. Failure to do so is grounds for immediate termination of the Guest License Agreement without refund. Guest understands that premises are located in a residential area and that neighbors live in close proximity. Respect for the other Guests and neighbors are of utmost importance. There is to be no loud music or loud talking on balconies, decks, patios, or in common areas. Quiet hours are observed before 8:00 AM and after 10:00 PM. All properties are NON-SMOKING, see item number 20. At no time on the premise may the use any commercial or unlawful purpose including, but not limited to, using, manufacturing, selling, storing, transporting illicit drugs and other contraband, or violate any law or ordinance. There is a ZERO Tolerance policy in regards to disturbing neighbors. Upon first offense Guest and others in Guest’s party will be required to immediately leave the premises, or be removed from the premises. A Guest is in breach of this agreement and therefore forfeits their right to the return of any Rent, Security Deposit Insurance premium and the credit card on file will be charged for those damages or excessive cleaning expenses incurred that are not covered for reimbursement under the Security Deposit Protection plan for this leased Property. Plus a $250 ‘Party Fine’ will be charged. See paragraph (4) above.
9. NOISE. Pacific Beach and Mission Beach are densely populated areas with a mixture of vacationers and locales coming to enjoy the beach. Please be aware that there could be parties or other noises on the beach, next door, or even in the adjacent, above or below units to you. Noise complaints after 10 PM should be reported to the local non-emergency police department (San Diego County Non-Emergency: 619-531-2000). BNBR and Owner of premises are not responsible for keeping Pacific Beach and Mission Beach quiet. BNBR is responsible for keeping our Guests quiet and therefore have a zero tolerance policy for complaints made by our neighbors and/or other Guests. Please be aware that these are 1950’s beach bungalows typical to this area and due to the construction of that period, the walls have limited sound proofing. Please be considerate of our other guests/your neighbors.
10. HOLDING OVER. Guest agrees there shall be no holding over or late departure without prior written approval. Any unauthorized holding over by Guest shall be subject to a charge of 11/2 times the daily prorated rent (“Holdover Rate”), plus any additional damages that may occur, but not limited to, due to the cost of alternative housing for the new guests displaced by occupant Guest’s ‘holding over’. Late check-outs will be charged 50% of Holdover Rate to credit card on file, unless otherwise agreed to in writing.
11. CHECK-IN and CHECK-OUT TIMES. Check-in is after 3:00 PM. Check-out is no later than 11:00 AM. During peak season (June 23 –August 17) check-in is after 4:00pm. All check-outs later than 11:00 AM that are not pre-approved by BNBR are subject to a Holdover Rate. For early check-in or late check-out please notify BNBR with a minimum 24hour notice of your request at (858) 413-6422 or via email at [email protected] While we will do our very best to accommodate your wishes, early check-in or late check-out is not guaranteed as it is based on availability. Thank you.
12. MAINTENANCE. Every effort is made to have the home clean and all equipment in good working order. Even the newest or best-maintained equipment occasionally malfunctions. Any problems should be reported immediately to our office at (858) 413-6422 or our after hours guest service line at (805) 710-4946 so we can make arrangements to resolve them. Repairs are corrected in as timely a manner as possible. We reserve the right, if necessary, for maintenance staff to enter the premises during business hours for repair, care, or management of the property. Of course, we will make every effort not to disrupt your vacation if possible. Refunds will not be issued due to a malfunction in equipment.
13. KEYS. Guest will receive a personal door code. The personal door code programmed for just you during your stay will expire promptly at your check-out time, to maintain security of Owner’s property. All equipment given an access code for you to use will also expire at check out.
14. CONDITION OF PREMISES. Guest has not viewed the premises prior to entering into this Agreement. 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 occupant the right to cancel this Agreement or receive a refund of any payments made. Repairs and or replacement of non-usable contents of unit will be made in a timely manner, when possible.
15. ACCOMMODATIONS. Our rental properties are privately owned and reflect the taste of each owner. Every effort has been made to ensure accurate and complete information in the Rental License Agreement and on the websites. However, BNBR cannot be held responsible for typographical errors, omissions, environmental factors, price changes and changes made by Owner in furnishings, equipment, bed arrangements, etc. All properties are fully furnished for normal housekeeping in “turn-key” condition. Kitchens are equipped with dishes, cookware, flatware, glasses, basic appliances (i.e. coffeemaker, blender, toaster, full range, microwave). Additionally all linens, including sheets, blankets, and towels are furnished. Guest must provide own food and toiletries. Most properties do provide basic toiletries such as hair dryer, soap, and shampoo. Please contact our office for details about a specific property. A thorough inspection of all inventory and equipment will be done after each check-out, and Guest will be charged for any missing amenities, appliances, equipment, etc. Guests shall not make any alterations in or about the premises including, but not limited to, moving interior or exterior furniture, appliances, adding or changing locks, installing antenna or satellite dish(es), placing signs, displaying or exhibits, or defacing anything within unit belonging to Owner.
6. BABY GEAR. BNBR can provide baby items to your rental as a free amenity, delivered to your rental and set up upon your arrival with a nominal flat onetime cleaning and delivery fee of $7 an item. Available baby gear: ‘Pack-n-Play’s with baby blankets, Highchairs, and Booster seats. If additional items are needed please contact BNBR, and we will do our best to help accommodate the needs of you and your little one(s). Cleanliness and safety of our baby gear are of the utmost importance to BNBR which is why we only purchase new, unused baby items with the best safety ratings to the best of our knowledge. BNBR and or Owner are not responsible for faulty, recalled, or misuse of gear. It is the responsibility of the Guest to use full due diligence with baby gear. By signing this agreement, Guest understands the nature of using the baby gear and that improper use of gear involves risks of serious bodily injury, including permanent disability, and death. Guest also agrees to supervise and be responsible for use of gear by any and all minors. Guest further agrees to indemnify and hold Owner, ‘Wilar Sunset LLC’, or BNBR and its agents or employees, (and if applicable any HOA or other group) harmless from any claims arising from Guest use of baby gear, including risk of injury and death to Guest and others from use of gear. Guest credit card on file will be charged for any missing or not returned, or damaged baby gear (which is not covered for reimbursement under the Security Deposit Protection plan since additional leased Property) that BNBR deems no longer safe or functional for reuse to new ‘little Guests’. A $30 stocking fee will be charged on top of the item(s) replacement cost. (See CSA Security Deposit Protection Plan policy.)
17. PARKING. Our rental at Pacific Beach Drive includes parking for at least one vehicle. Please contact our office for details about more parking. Guest must park in designated space only, or risk being towed at the Guests expense. If driving owned vehicle, please provide BNBR office (via email or phone) with your vehicle license plate number prior to check-in. If additional parking is needed, Guest may park on the street. BNBR recommends taking notice of posted signs for street cleaning days as unlawfully parked cars will be towed/ticketed. BNBR or Owner is not responsible for any damages to vehicles while onsite, or fines or citations received for illegal parking.
18. AIR CONDITIONING. Please be aware that use of air conditioning in the Pacific Beach and Mission Beach/Bay area’s is generally not customary. On the rare ‘very hot’ days, please use the ceiling fans, and open the windows and screened doors for cross ventilation of the ocean breeze.
19. CLEANING. Premises will be delivered to Guest in a professionally cleaned condition. Guest shall keep and maintain the premises in a clean and sanitary condition at all times. If Guest uses the barbecue/grill, Guest agrees to clean grill with wire brush when finished cooking each meal. Upon termination of the rental period, Guest shall surrender the premises to Owner in the same condition as when received, excepting light cleaning and laundry. If Guest does not return the premises in the same condition, an additional cleaning fee will be charge to credit card on the reservation. BBQ’s not found having been left clean at time of check-out will be charged an additional $25 cleaning fee. Please refer to your “Welcome” letter for specific check-out instructions. Reservations 29 nights or more require a mid-stay cleaning; a mid-stay cleaning fee will be added to all reservations of 29 nights or more. Mid-stay cleaning fee varies depending on property. Mid-stay cleaning can be arranged at any time midway through your stay, and includes changing of all linens. Additional housekeeping service is available on a weekly or mid-stay basis, for multi-week reservations. Please inquire for pricing (858) 413-6422.
20. NO PETS. Pets are not allowed unless agreed to in writing. If written consent is provided, BNBR will charge a non-refundable $50.00 pet fee to Guest’s credit card to cover additional cleaning. If it is found there are more pets than agreed to on the premises or there are complaints from neighbors regarding excessive noise or nuisances caused by pet(s), Guest will be in breach of this Agreement. Guest will be asked to vacate the property immediately and therefore forfeits its right to the return of any rent, and security deposit, and credit card on file will be charged for those damages or excessive cleaning expenses incurred that are not covered for reimbursement under the Security Deposit Protection plan for this leased Property. See paragraph (4) above.
21. NO SMOKING. No smoking is allowed on the premises. If smoking does occur on the premises Guest is in breach of this Agreement and is responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors, additional cleaning and deodorizing expenses for carpet, drapery, and upholstery and all other costs associated with returning the unit to a non-smoking condition. Guest and others in Guest’s party may be required to immediately vacate the premises, or be removed from the premises with no refund and forfeits its right to return of any security deposit. This applies to the use of cigarettes, cigars, pipes, incense and any other use of the like. There are no exceptions. If you must smoke outside, please go to a balcony or patio and close the door. If cigarette butts or any other like are found outside/around exterior premises, BNBR will charge a non-refundable $50.00 clean-up fee to Guest’s credit card to cover additional cleaning.
22. LOST AND FOUND. BNBR cannot be held responsible for items left in units upon rental termination. Please double-check your rental for personal items prior to check-out/departure. If we are asked to return items to Guest, we will do so for a service charge of $25.00 plus applicable shipping charges, which will be billed to Guest’s credit card. Items not claimed after 14 days will be donated to local charity.
23. TERMINATION OF RENTAL. BNBR reserves the right to refuse or discontinue Rental License Agreement if in its opinion the Guest is detrimental to the property. Any violation of the above mentioned policies will result in immediate eviction with loss of entire rental amount.
24. CREDIT CARD. Guest will provide his/her credit card number as a guarantee and for the purposes described above. Credit card must match name(s) on reservation. Guest expressly accepts the terms of this Rental License Agreement and understands that Guest’s credit card may be charged in compliance with the terms of this agreement. Guest further agrees that credit card charges that comply with the terms of this agreement are final.
25. WAIVER, INDEMNITY, AND RELEASE OF LIABILITY. Guest personal property, including vehicles, are not insured by BNBR or Owner, if applicable the HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Guest agrees that he/she is solely responsible for any property damage, accident or personal injury, or loss sustained by Guest, and others in Guest’s party, arising out of Guest’s occupancy of the premises. BNBR recommends that occupant carry or obtain insurance to protect Guest, and others in Guest’s party and personal property of that of from any loss or damage. Guest agrees to be familiar with appliances located on the premises, and to use them and all furnishings in a safe and reasonable manner. Also available for Guest’s use in some of the units may be bicycle equipment and beach toys including boogie, surf boards, etc. (“Equipment”). By signing this agreement, Guest understands the nature of using the Equipment and that use of the Equipment involves risks of serious bodily injury, including permanent disability, paralysis, and death. Guest also agrees to supervise and be responsible for use of Equipment by any persons in Guests party under the age of 18 (all persons under 18 must wear a helmet when using the bikes under CA law). Guest further agrees to indemnify and hold Owner, Wilar Sunset LLC of BNBR and its employees and agents, and if applicable any HOA or other group affiliated with or to Owner or its agents harmless from any claims arising from Guest use of the premises and or Equipment, including risk of injury and death to Guest and others from all recreational activities of Guest while occupying the premises.
26. PERSONAL ITEMS and BNBR EQUIPMENT. Please treat all BNBR equipment with TLC so that we may continue to offer them free to other guests. If your property has shared equipment, please always sign out / in borrowed items as staff does daily inventory on items. Please keep an eye on personal items, and equipment of BNBR. Most people in Pacific Beach and Mission Beach are there to have a good time, but unfortunately as in any area, there are individuals who will take advantage of people relaxing on vacation. Please lock the doors to the property when you leave, and make sure you don’t leave personal items and BNBR equipment unattended. Bikes are particularly susceptible and we recommend locking them up (locks are provided) when unattended, and enclosing them back inside the garage (or locking to solid structure) when back at your rental property. BNBR and the Owners are not responsible for lost or stolen items. Guests credit card on file will be charged for damages or stolen items not covered for reimbursement under the Security Deposit Protection plan, See paragraph (4) above. Replacement costs of lost/stolen items including but not limited to: bike $250; surfboard $200; beach chair $30; boogie board $30; beach towels $15, children’s wagon: $20.
27. FACSIMILE/ORIGINAL. A facsimile signed or scanned and emailed copy of this Agreement shall have the same force and effect as the original.
28. DISPUTES. In the event of any legal dispute concerning this agreement, the prevailing party shall be reimbursed by the losing party for all reasonable fees and costs for the legal services involved. This paragraph shall survive this contract.
29. AGREEMENT. Guest certifies that he/she has read and agrees to the terms of this agreement and by clicking the accept button (online) or signing below, is authorizing all rental charges due and any outstanding charges remaining after departure to be charged to the credit card on the reservation.
AFTER READING THE RENTAL TERMS PLEASE COMPLETE AND RETURN this PAGE TO:
[email protected] or Fax: (858) 523-1751
Reservations are not confirmed until you are contacted with an approval by a reservationist within 12 hours of submitting your booking.
My signature below confirms my agreement to the Terms and Conditions as stated above, and the links to the Insurance and I represent that I have read and understood those terms and conditions, including financial responsibility for failure to comply with stated BNBR Rental Terms.
Responsible Party/Guest Responsible Party/ Guest Name (Please print)
Phone (Home/Work) Best contact # while staying with us (cell)
Email State / LIC # of Vehicle while staying with us
Guest Address - Street City, State, Zip code
Check-in date Check-out date
____My Arrival is more than 30days from today; therefore I will pay only 1/3 deposit now.
____My arrival is less than 30 days from today. I will pay the Full Amount Due immediately.
___ I Authorize FULL payment of Amount Due immediately.
Billing Address (unless same as above):
___I accept, ____I decline ‘Guest Protect Plan’ aka Travel Insurance Protection (CSA G330) @ 6.95%
San Diego BeachNBay Rentals AUTHORIZATION TO CHARGE GUEST’S CREDIT CARD:
___VISA ___MasterCard ___American Express
Credit Card #: __________________________________________________________________________________________
Expiration date: _______/_______ Security Code:______________
Name Printed _________________________________________________
(as it appears on credit card -must match reservation name)
I authorize San Diego BeachNBay Rentals to charge the amount of BNBR billings to this valid credit card for Rental Expenses incurred, or to pay for those damage or excessive cleaning expenses incurred that are not covered for reimbursement under the
Security Deposit Protection Damage Insurance for this leased Property. If checked the Guest Protection Insurance amount will also be charged against this credit card.
Card Holder Signature (X ____ Date_____________________