MARBELLA BASIC HOUSE RULES
The following are prohibited:
Smoking of any kind is not permitted (including on balconies or decks), including but not limited to nicotine, tobacco derived products and/or cannabis derived substances (including vaping and e-cigarettes); breaking this rule will incur a $250 fine plus $500 to clean and deodorize the interior;
Parties or events that are not authorized by Owner;
Unreasonable numbers of guests including any that exceed the maximum permitted by law;
Number of overnight guests cannot exceed the maximum allowed for the unit, this information is posted on the website;
Excessive noise and any audible noise outside of the unit after 10pm;
Disturbing neighbors or invading their privacy or security;
Illegal substances or activity (e.g., involving drugs, the Internet, or otherwise, including illegal downloads or file sharing whether using our, your own, or a third-party device or Internet connection);
Pornography production or prostitution;
Dangerous or hazardous items (e.g., those that may increase the risk of fire or explosion such as candles or lighters);
Firearms and other weapons (except those rightfully possessed by on-duty or off-duty law enforcement officials or licensed security guards);
Placing of obstructions, signage, garbage, food, or personal items unattended outside the unit;
Creating unsanitary conditions (e.g., generating excessive trash or offensive odors, or attracting pests);
Making any change, modification, alteration, or addition whatsoever to the unit or its contents (including moving furniture around);
Soliciting or loitering around the space or building;
Commercial photography, film, or videography (without expressed written consent); and
Using the unit for any purpose other than for personal accommodation.
MARBELLA RENTAL AGREEMENT TERMS AND CONDITIONS
This Rental Agreement (“Agreement”) is for rental at 308 South The Strand, Oceanside, CA 92054 (the “Property”). This Agreement is between: (1) 308 The Strand LLC (“Marbella,” “we,” or “us”), and (2) the person who is the responsible renter of the Property (collectively “Renter” or “you”).
By booking your rental of the Property, you acknowledge that you have read and understand, and agree to be bound by, all terms, conditions, and policies in this Agreement, including any Unit-Specific Terms (collectively, the “Terms”).
Channel Terms. If you are booking through a third-party marketing channel, your booking may be subject to that channel’s own terms and conditions (“Channel Terms”). If any provision of applicable Channel Terms differs from the Terms in this Agreement, the provision of the Channel Terms will control.
RENTAL POLICIES AND GENERAL TERMS
Minimum Age. The “Minimum Age” to rent the Property is 21 years of age. You agree to provide us with proof of age upon request. A parent or legal guardian must accompany all guests who are under 18 years of age for the entire duration of the rental.
Check-In and Check-Out. Check in is after 4:00pm and Check out is before 10:00am . Front door codes will not work until 4pm unless you have paid for an early check in. There is a $250 per hour late departure fee, unless a late check-out has been previously agreed upon, paid for, and noted in writing by Owner. If you overstay past your designated check-out time by more than two (2) hours, we reserve the right to enter the unit, remove any belongings, and change the locks or lock codes to the unit and take further action as may be necessary or appropriate. You may be liable to for any associated costs and for additional fees of up to 150% of the effective daily rate of your stay for each day (for or partial) that you overstay, as well as any other related damages, fees, costs or expenses incurred by us.
Responsible Renter. As the Renter, you agree to be an occupant of the Property for the entire duration of the rental. All other occupants will be family members, friends, other responsible adults over the Minimum Age, or accompanied by a parent or legal guardian. You agree to be solely responsible for your actions and the actions of all family members, guests, and invitees (collectively, “Occupants”) present at the Property at any time during your stay, and to ensure that all Occupants understand and comply with the Terms. Renter shall not sublet the rented unit, or any part thereof, or assign the agreement without Owner’s written consent.
Good Neighbor Policy. All Occupants must comply with this good neighbor policy. Please treat the Property with the same care you would use with your own residence and leave it in the same condition it was in when you arrived. To prevent theft of or damage to furnishings or your personal property, you agree to close and lock doors and windows when you are not present at the Property and upon check-out. OWNER IS NOT RESPONSIBLE FOR ANY LOST OR STOLEN ITEMS IN THE UNIT OR LEFT ON THE PROPERTY.
You and other Occupants agree to conduct yourselves throughout your stay in a manner that is respectful of and not disruptive to neighbors, traffic flow, or the community and that will not prompt complaints from police, neighbors, or neighborhood. Noise audible outside the Room is prohibited between 10 p.m. and 8 a.m. You and other Occupants agree to abide by all applicable parking restrictions and limitations.
Maximum Occupancy. The number of people present at the Property may not exceed the maximum posted occupancy unless we have given you advance written permission to hold an event at the Property, in which case the number of people present at the Property may not exceed the maximum number of people authorized by Property.
No Smoking. No smoking is permitted at the Property (including porches, decks or outdoor areas) at any time. In the event that smoke is detected in the unit there will be a $500 fee to clean the interior of the unit.
No Permanent Residence. You agree that your use of the Property is on a temporary and transient basis only; that you may not use the Property as a permanent residence; and that your permanent residence is and will remain elsewhere than at the Property.
Animals. No animals or pets of any kind are permitted at the Property except (1) as specifically authorized in your reservation, or (2) qualified service animals that we are required by law to allow. You agree that a prohibition on animals is not a guarantee than an animal has not been inside the Property or that the Property is free of animal or pet allergens.
Events and Commercial Photography; Structures; Charcoal Grills. Events and commercial photography or filming are prohibited at the Property without our express written permission. (If approved, additional conditions and fees may apply.) No tents or other structures may be erected on the property without our express written permission. The use of charcoal grills not provided by the Owner is prohibited. Violation of any of these rules may result in a $1,000 fee being assessed to the reservation.
Criminal Activity Prohibited. Use of the Property for any criminal activity is prohibited and may result in fines, prosecution, and/or your immediate removal from the Property. Guest shall not violate any ordinance or state law in or about the premises. The premises are rented to Guest for residential purposes only and may not be used by Guest for any other purpose. Guest shall not violate any Government law in the use of the premises, commit waste or nuisance, annoy, molest, disturb, endanger or interfere with any other Guest, neighbor or occupants or neighboring properties. If a complaint is made by a neighbor and/or the police are called, a $1,000.00 may be assessed. This prohibition extends to use of the Property’s internet service, if any, for criminal activity, including but not limited to unlawful downloads of copyrighted material, including movies, music, software, or other material. We may cooperate with any investigation of alleged criminal activity that occurred at the Property during your stay.
Entry and Inspection. Owner and owner’s agents shall have the right to enter the premises: a) in case of emergency; b) to make necessary or agreed repairs, decorations, alterations, improvement, supply necessary or agreed services, c) when Renter has abandoned or surrendered the premises. Except under (a) and (c), entry may not be made other than during normal business hours, and without less than 24 hours prior notice to Renter.
Payment Terms; Fraud. Once we have received and approved your reservation, you give us permission to charge a pre-paid deposit totaling 10% of the total rate (not including taxes and fees). Thirty days prior to your stay we will charge the remaining total due. For reservations booked within thirty days of the arrival date the entire rate, including taxes and fees will be charged at booking.
If you are paying by credit card you represent that you are the account holder or an authorized user of the account. If for any reason we believe your payment may be refused by the card processor, we may ask you for a different form of payment. Upon our request, you will immediately provide another form of payment and adequate proof that you are the account holder or an authorized user of the account used for payment (such as a government-issued ID that matches the name on the account). We may cancel your reservation or remove you and all Occupants from the Property immediately if you fail to provide a form of payment that can be validated by us. We may share your credit card information and other information about you with law enforcement if we suspect fraud.
Turnover Fees. A one-time turnover fee is required for our turnover services for customary cleaning and restocking of your unit and may be waived per the terms of your reservation confirmation. However, if at the time of your departure extra cleaning is required, you may be billed for the extra cleaning services.
Consequences of Breach; Charges for Damage. Any failure by you or any other Occupants to comply with any of the terms, conditions, or policies above is a breach of this Agreement and may result in a forfeiture of your rights to rent the Property, up to and including immediate removal from the Property without refund and with or without the assistance of law enforcement. We may terminate this Agreement for breach, and if you are notified of such termination you agree to leave the Property immediately. In addition, you are responsible for, and you authorize us to bill your credit card on file for the full amount of: (1) any damage or loss that occurs at the Property during your stay; (2) a charge of up to $1,000 for violations of the pet policy, including for bringing more pets or different types of pets than specifically authorized; (3) an additional cleaning fee of up to $500 (or the actual cost of cleaning services, if greater) for violations of any of the guest policies above (other than the pet policy) or for excessive cleaning required by the acts or omissions of any Occupant during your stay; and (4) any fines issued by police, other government officials or agencies, utility providers, and/or homeowner associations for violation of any law, ordinance, or rule during your stay, and any damages (which may exceed the amount of fines) that result from the violation. If any unauthorized download of copyrighted material via the Property’s Internet service occurs during the period of your stay, you agree that we may share your contact information with the internet service provider or any other party we believe, for any reason, has enforcement rights.
ADDITIONAL TERMS AND CONDITIONS
Cancellation Policy; No Shows; Travel Insurance. Rental payments are fully refundable (less the amount of our booking fee, which is earned on receipt and becomes nonrefundable 24 hours after booking) for cancellations received 30 or more days before the first night of your reservation. No full or partial refunds will be granted for no-shows or if you cancel less than 30 days before the first night of your reservation, arrive after the first night of your reservation, or depart before the last night of your reservation, unless you cancel for a covered reason. Except as expressly provided in this Agreement, no refunds or compensation will be given and Owner shall not be liable to you for failure to make the property available for occupancy if the property is unavailable or becomes partially or wholly unusable for any reason outside Owner’s control, including but not limited to adverse weather conditions, natural disasters, mechanical failures, evacuation orders or other acts of government agencies, or utility outages. Owner advises guests to obtain appropriate and comprehensive travel insurance that covers Renter and all Occupants and that includes coverage for personal injury, illness or disease, and property damage or loss. Any travel insurance you obtain shall be primary for all occurrences in which you or any Occupant claims injury, loss or damage.
Maintenance or Housekeeping Issues; Property Conditions. The Property is provided as is, and we are not responsible for the inoperability or unavailability of any amenities. You agree to contact Owner, using the contact information provided in your confirmation email, as soon as you notice any maintenance or housekeeping problem, or any potentially hazardous condition, at the Property, or if any incident occurs at the Property that is related to such a problem or condition. You further agree to give Owner a reasonable amount of time to respond to your report and to cooperate with Owner’s efforts to address the concern or provide a remedy. We will take reasonable and appropriate steps to remedy any reported problem as soon as practicable. We may enter the Property at your invitation to remedy any problem you report, at reasonable times and with reasonable notice to inspect, maintain, or repair the Property, and to address any situation that we reasonably deem an emergency that threatens persons or property.
Choice of Law; Jurisdiction and Venue; Dispute Resolution.
Choice of Law. The jurisdiction shall be San Diego County, California.
Acknowledgment & Disclaimer; Limitation of Liability.
Acknowledgment & Disclaimer. You acknowledge the Property may have features, amenities, and conditions that are unfamiliar to you and other Occupants you invite to the Property. You further acknowledge that your use of the Property and its amenities may carry inherent risk, including risk of bodily injury, illness or disease, disability, or death. For example, natural habitats for wildlife, insects, and pests that may expose you to injury or disease; or docks, stairways, porches, ledges, cliffs, and other unmarked natural or manmade features, amenities, and conditions that carry inherent risk. You agree that, by using the Property or its amenities, you voluntarily and willfully assume those risks and assume full responsibility for the choices you make before, during and after your use of the Property and its amenities. You also acknowledge and agree that you and any other adult Occupants are solely responsible for closely supervising and protecting the health and safety of any and all Occupants that are minors, throughout the duration of your stay.
Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OWNER EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL THE OWNER, NOR THEIR AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OWNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, ILLNESS OR DISEASE, EMOTIONAL DISTRESS, OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH YOUR STAY AT THE PROPERTY. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF VACASA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Indemnity. You agree to hold harmless and indemnify Owner and its agents, and their respective affiliates, for and from all claims for property damage, personal injury, illness or disease, or monetary loss resulting from your actions or omissions, and the actions or omissions of other Occupants, during or relating to your stay.
Assignment. Owner may assign this Agreement or any of its rights, or delegate any of its duties under this Agreement, at any time without your consent.
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TERMS AND CONDITIONS ACCEPTANCE
By accepting, you are agreeing to all terms and conditions in this Agreement, as well as all charges applicable to this reservation. These charges include but are not limited to a turnover fee, taxes, an unintentional damage fee, a pet fee, and an event fee.