A. The deposit, if required, will be transferred to and held by Owner; or held by Owner’s Representative “SFVR”.
B. All or any portion of the deposit, upon termination of occupancy, may be used as reasonably necessary to: (i) cure Occupant’s default in payment of rent, non-sufficient funds (“NSF”) fees or other sums due; (ii) repair damage, excluding ordinary wear
and tear, caused by Occupant or Occupant’s guests or licensees; (iii) clean the Premises; and (iv) replace or return personal property or appurtenances. Within 30 days after Occupant vacates the Premises, Owner shall: (1) furnish Occupant an itemized statement
indicating the amount of any deposit (i) received, (ii) withheld and the basis for its disposition, and (iii) withheld pending receipt of utility, phone and None bills; and (2) return any remaining portion of the deposit to Occupant. A $25 fee will be deducted
for late check-ins which occur after 9pm plus an additional $25 per hour thereafter.
C. No interest will be paid on this deposit unless required by local ordinance.
A. If Occupant cancels or otherwise terminates this Agreement more than 30 days prior to arrival date, Occupant will forfeit the advance payment of 1/3 of the total rental proceeds of their reservation.
B. If Occupant cancels 30 days or less of arrival date, all rental costs and taxes are forfeited. The security deposit, pet deposit, cleaning fee and any pool/spa heating deposits will be refunded. If Sun and Fun Vacation Rentals is able to secure a
paid rental for the same period of time, the monies for those re-rented days would be refunded to the original Occupant less 25%.
C. No credits or refunds will be given for early departures. Any cancellations must be communicated to Sun and Fun Vacation Rentals in writing.
HOLDING OVER: Occupant agrees 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 1 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 50% of the Holdover Rate. Late check out exists after 11:00am check out time.
CLEANING: Premises will be delivered to Occupant in a professionally cleaned condition. Upon Termination of occupancy, Occupant will deliver the Premises in a similar condition, less ordinary wear and tear. Occupant will be charged a nominal nonrefundable
PETS: Pets are not allowed without notification and approval by SFVR. An additional deposit amount will be charged. Occupant must inform SFVR upon making reservation with pets and understand pets are not allowed on furniture and beds, or Occupant will
forfeit Pet Deposit. Occupant is responsible for all damage and odor caused by the pet. Occupant will forfeit a part or all of the Pet Deposit to repair damage and/or to eliminate odors or hair from any surface.
NO SMOKING: Smoking is NOT permitted inside Premises. Smoking in Premises will result in additional fees as outlined in Occupancy Agreement.
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 and fixtures. Occupant shall immediately report any items in
disrepair or in a non-operational condition. Reporting these issues does not give Occupant the right to cancel this Agreement or receive a refund of any payments made.
UTILITIES: Owner is to pay for all utilities except for private Pool/Spa heating and any gas usage over a normal inside home usage and unless specified to renter at signing of rental agreement.
RULES & REGULATIONS: Occupant agrees to comply with any and all rules and regulations that are at any time posted on the Premises or delivered to Occupant. Occupant is also responsible for its guests to comply with all rules and regulations.
A. Owner and Owner’s 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 to supply necessary or agreed services;
(ii) to verify that Occupant has complied with the terms of this Agreement; or (iii) in case of emergency.
B. Owner and Owner’s representatives and agents have the right to enter the Premises, upon reasonable notice, to show the Premises to prospective or actual purchasers, occupants, tenants, mortgagees, lenders, appraisers or contractors.
NO ASSIGNMENT OR SUBLETTING: Occupant shall not assign any interest in this Agreement or sublet any part of the Premises. If Occupant is in violation of this, they will be subject to the same penalties as in 4(i) and 4(ii).
UNAVAILABILITY: If for any reason beyond the control of Owner’s Representative, the Premises is unavailable, Owner or Owner’s Representative may substitute a comparable unit or cancel this Agreement and refund in full to Occupant all payments made.
OCCUPANT’S OBLIGATIONS UPON TERMINATION OF OCCUPANCY: Upon termination of occupancy, Occupant shall: (i) return to SFVR all copies of all keys or opening devices to the Premises, including any common areas; (ii) vacate the Premises and surrender it to
Owner empty of all persons; (iii) deliver the Premises to Owner in the same condition, less ordinary wear and tear, as received upon arrival.
PERSONAL PROPERTY AND INJURY:
A. Owner Insurance: Occupant’s or guests’ personal property, including vehicles, are not insured by Owner, Home Owners Association or Owner’s agents against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others
or any other cause. Owner does not insure against personal injury to Occupant, guests or licensees due to any reason other than the condition of the Premises.
B. Indemnity and Hold Harmless: Occupant agrees to indemnify, defend and hold harmless Owner and Owner’s Representative from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage or injury to Occupant, Occupant’s
guests or licensees or their personal property.
JOINT AND INDIVIDUAL OBLIGATIONS: If there is 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.
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.
ENTIRE CONTRACT: Time is of the essence. All prior agreements between Owner 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. 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. Occupant must be 25 years or older to sign this contract.
FINALIZING A RESERVATION: A reservation will be considered confirmed only after the following:
1. Accurate and complete information is sent to Sun and Fun Vacation Rentals
2. All moneys due are collected via credit card or through a PayPal account.
3. Receipt by Sun and Fun Vacation Rentals of the completed, initialed and signed
mandatory Occupancy Agreement.
4. Acceptance of the contract by Sun and Fun Vacation Rentals.