Reservation Terms & Conditions
Security Deposit
In lieu of a cash security deposit, tenant may expressly authorize tenant’s credit card be charged for damages, expenses and other charges outlined in the rental agreement including, but not limited to long distance telephone charges, loss or damage to rental property, missing items including modems, keys, garage door openers, parking passes; excess laundry, cleaning and garbage, cost to separate garbage to adhere to local guidelines; soiling and damage to linens, towels, carpets; fees imposed for smoking; fees imposed for violating rental agreement or local vacation rental ordinances.
Some properties require a cash security and damage deposit which must be paid at the time of reservation or in certain instances, is paid upon arrival to the local house manager.
Excessive Utilities
The property management fee includes payment for normal utilities usage, calculated based on historical utilities usage in the given property. The tenant shall be responsible for utilities usage that exceeds twenty percent (30%) the normal amount.
The rental amount includes payment for normal cleaning at the end of the rental term. If the condition of the premises requires extra cleaning beyond the norm or the tenant requests extra cleaning services, the tenant shall be responsible for the cost of such cleaning.
Reasonable Use
Tenant agrees to only use the premises as a private vacation residence for himself and the other individuals listed on the preceding page. Tenant agrees that he and the members of his party shall conduct themselves in a manner that will not disturb their neighbors' peaceful enjoyment of their properties, and that any consequences of their failure to do so shall be Tenant’s sole responsibility. Tenant further agrees that he will not allow the Premises to be used for any improper or illegal purposes.
Late Payment/NSF Check Fees
In the event that payment of any due amount is not made within 7 days of the date on which such payment is due, BeautifulPlaces may cancel the booking at its sole discretion. If the booking is not cancelled, a $100 late payment fee shall be added to the total amount due. Tenant shall pay a handling charge of $50 for each check returned by the bank for any reason.
Right to Cancel
A fee of $125 will be charged for all cancellations. Tenant’s deposit will be fully refunded less $125 cancellation charge if received no less than 90 days prior to the start of the rental term. A refund of 75% of deposit less $125 cancellation fee will be granted for cancellations occurring between 60-89 days prior to arrival date. A refund of 50% of deposit less $125 cancellation fee will be granted for cancellations occurring between 31-59 days prior to arrival date. All monies are forfeited on cancellations within 30 days of the rental term due to the difficulty of re-renting the premises on short notice.
Pets and Smoking
Tenant agrees not to bring or allow pets on or in the premises during the rental term without the express written consent of BeautifulPlaces. Tenant agrees that he shall neither smoke nor allow smoking in the premises during the rental term.
Liability for Damage
Tenant is responsible for all damages to the property caused by Tenant, the members of his party, or their guests. Tenant is responsible for ensuring that the property is left upon departure in the same condition and repair as upon arrival. BeautifulPlaces will bill the tenant for any and all necessary replacement and repair costs within 45 days of the end of the rental term.
Right to Repair
Tenant shall provide prompt, detailed telephonic notice to BeautifulPlaces of any damage or disrepair to or affecting the property. If such damage or disrepair is not the result of the action or inaction of Tenant, and if such damage or disrepair interferes with the use of the premises, BeautifulPlaces shall have 36 hours to replace or repair the same without a reduction in Tenant’s rent.
Access to Property
Upon notice to Tenant, BeautifulPlaces may enter the property for necessary maintenance, repairs, or other reasonable purposes.
Assignment or Sublease
Tenant may not assign this agreement or sublease any portion of the property without prior written consent of BeautifulPlaces. No such approved assignment or sublease shall in any way relieve Tenant of obligations and responsibilities under this agreement.
Arbitration of Claims
This agreement shall be interpreted in accordance with the laws of the State of California. Each party waives his right to trial by jury in any matter and action under this Agreement, including, without limitation, in any summary proceeding based on termination, holdover or other default in which repossession of the Premises is sought. In the case of any dispute between the parties (other than any summary proceeding based on termination, holdover or other default in which repossession of the Premises is sought), the parties agree that such dispute shall be exclusively and finally resolved in arbitration, without recourse to any court, by a single arbitrator qualified to resolve disputes of this nature by the American Arbitration Association (the “AAA”), such arbitrator to be selected from among the list of available AAA arbitrators according to the AAA arbitrator selection procedures. The arbitration shall take place in the County of Sonoma, California. Any party to this Agreement may initiate the arbitration by providing a written notice to all other parties to the Agreement, which notice bears a current date, states the name of the initiating party, and briefly states the matter to be arbitrated. The arbitrator may allocate costs, fees and other expenses of the arbitration equally among the parties to the dispute, except in the instance that the arbitrator determines that a party has initiated an arbitration without a reasonable basis for doing so, the arbitrator shall assess against that party the costs of the other parties relating to the arbitration, including reasonable attorneys’ fees.
Limitation of Liability and Indemnification
The liability of BeautifulPlaces or its agents shall be limited to the amount of any rentals and deposits paid. In no event shall BeautifulPlaces or its agents be liable for any special, consequential, incidental or punitive damages. Tenant agrees to indemnify and hold harmless BeautifulPlaces and the owner of the property from and against any liability for personal injury of property damage sustained by any person (including Tenant’s guests) as a result of any cause, unless such damage was proximately caused by the gross negligence or willful misconduct of BeautifulPlaces or the owner.
Administration Fee
In addition to the rental fee, occupant shall also be charged a reservation administration fee in the amount stated on page 1 of this lease.
Cleaning Fee
A fee in the amount of ________ shall be charged for cleaning the property at the end of the booking term.
Miscellaneous
(a) All individual provisions, paragraphs, sentences, clauses, sections and words in this Agreement shall be severable, and if any such provision, section, paragraph, sentence, clause or word is determined by any court, administrative body, or tribunal, having proper jurisdiction, to be in any way unenforceable, or to be in any way in conflict with any law of any applicable jurisdiction, such determination shall have no effect whatsoever on any of the remaining paragraphs, provisions, clauses, sections, sentences, or words of this Agreement;(b) it is understood and agreed that time is of the essence for all purposes, and with respect to the performance of all obligations, under this Agreement;(c) this Agreement may be executed in two (2) or more counterpart copies, all of which counterparts shall have the same force and effect as if all parties hereto had executed a single copy of this Agreement;(d) this Agreement is the entire agreement between the parties with respect to the subject matter hereof, and no modification or addition to it shall be binding unless signed by the parties hereto;(e) the covenants, conditions and agreements contained herein are binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, personal representatives, successors and assigns; (f) if there is more than one (1) Tenant under this Agreement, the Tenants shall be jointly and severally liable and each shall be deemed to confer upon each Tenant full authority to act on behalf of all Tenants under this Agreement; (g) the obligations and covenants between the parties are independent and the rent will be payable without offset, reduction or abatement for any cause; and (h) wherever the context so requires, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all other genders.
