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Другие важные подробности
PLEASE READ THROUGH THE HOUSE RULES BEFORE BOOKING!
SHORT TERM RENTAL AGREEMENT
THIS IS A LEGAL CONTRACT IN EIGHT PAGES
(PLEASE READ IT CAREFULLY)
1. PARTIES TO THE AGREEMENT
This is a Short Term Rentals Agreement (“Agreement”) for the rental of
7349 ¼ Birdview Ave. , Malibu, CA. 90265 entered into by and between
Nicholas & Jennifer Hale (under the laws of the State of California), and
having its administrative place of business at 7349 Birdview Ave., Malibu,
CA 90265 (hereinafter referred to as “Owner”) and
Name(s): Joe Smith (Maximum 2 guests).
Address: 123 Fake Street
City, State, and Zip: Los Angeles, CA 00000
Cell Phone: ((PHONE NUMBER HIDDEN)
Email Address: (EMAIL HIDDEN)
(Hereinafter referred to as “Guests”)
2. EFFECTIVE DATE
THIS AGREEMENT SHALL BECOME EFFECTIVE BY SIGNING
PAGE 8 AT THE BOTTOM OF THE AGREEMENT, THIS
CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS,
CONDITIONS AND NOTICE REQUIREMENTS, INCLUDING THE
CANCELLATION POLICY (3.j).
Guest to check – in: August 8th, 2015 – Saturday @ 3PM
Guest to check – out: August 30th, 2015 – Sunday @ 12 Noon
Total Rent: $(PHONE NUMBER HIDDEN)
Malibu City Tax: $0.00
Refundable Security Deposit: $4,000.00
Cleaning Fee: $200.00
Total Due: $(PHONE NUMBER HIDDEN). SHORT TERM RENTAL
Guest desires to rent the premises described in rental agreement (hereinafter
referred to as “Premises”) and Owner desires to rent the Premises to Guest
on a short term/transient basis. Therefore, in consideration of the mutual
covenants, representations, and warranties contained in this Agreement,
Owner and Guest agree as follows:
(a) Private property. Guest understands and agrees that Premises is a
privately owned property, as opposed to a hotel, resort or the like.
(b) Term. The check in date and check out date are set forth in the rental
agreement (item # 2 above).
Late check out: Guest shall pay a penalty in the amount of 20% of the daily
rent set forth in subsection (c) below for each hour that Guest remains on the
Premises after the check out date and time.
Check-in time - 3:00 PM Check-out time - 12:00 Noon
(c) Agreement Due Date. The entire amount of rent for the term described in
subsection (b) above, plus security deposit described in subsection (e)
below, are set forth in the rental invoice. Total rental amount (nightly rate,
cleaning, security deposit, taxes and other charges) must be paid in full 21
(twenty one) days before the check in date set forth in the rental agreement.
Guest shall pay said total amount by way of any of the following payment
-Cashiers check made out to NICHOLAS HALE or Wire Funds.
Mailing address – Attn: Nicholas Hale, P.O. Box 821, Malibu, CA 90265 by
July 19th, 2015.
Guest understands that the Owner is the legal owner of Premises and
receives all of the funds received of the value of the Subtotal once all other
deposits, rental revenue and other invoice charges are paid by Guest.
Therefore, in order to confirm a reservation, deposits, rental revenue and
other invoice charges are paid immediately to the legal property owner,
other agent or agency, caretaker, realtor or property manager to secure the
reservation based upon the property owner’s requirements. Since funds are
paid to the Owner, they cannot warrant that client funds will be recoverable
on behalf of the Guest in all circumstances. As a result, Guest acknowledges
that, if all deposits, rental revenue and other invoice charges have been paid,
the maximum recourse the Guest have against Owner for any alleged breach
of this Agreement is the amount of the rental paid or to be paid to Owner
arising out of this Agreement.
(e) Reservation & Security deposit. The total amount set forth in subsection
(c) above includes the security deposit set forth in the rental agreement.
The Reservation deposit is calculated at 100% (one hundred percent) of
the total invoice amount. Such payment of the reservation deposit will
guarantee the reservation before payment of the total amount set forth in
subsection (c) above. The Reservation Deposit is non-refundable. Once
the guest checks in as described in subsection (b) above the reservation
deposit will then be converted toward the security deposit for the remaining
terms of this agreement.
The security deposit will be used for any damage caused to the Premises
during the term hereof, as well as payment of the late check out penalties
and additional fees described in this subsection (e), if any. Such deposit shall
be returned to Guest, without interest, less any withholdings described in this
subsection (e). Security Deposit will be refunded by check or wire transfer
upon confirmation by the owner or some appointed person that there is no
damage to the property within 10 days after the departure date. The Owner is
obligated to mail the itemized list of the potential damages with line item
expense to the Guest within the above 10-day period.
Extra Cleaning fee Will be charged if Guest fails to remove and properly
dispose of all trash in the bins (for recycle, trash and green waste) right
outside the Villa gate and leaves dirty dishes, kitchen items, and the like
without properly washing them at departure. The extra cleaning fee will
depend on the amount of cleaning involved and will be deducted from the
If guest uses excessive utilities during the course of the rental term, guest
will be charged the difference between the regular utility bill and the
increased utility bill.
Renter agrees to pay out of their security deposit any additional utility costs
incurred above and beyond of what is considered normal usage based on
property and household size; i.e., long distance phone charges, premium
cable events ordered, and excessive gas and electricity charges.
NO Parties on Premises: ANY parties whatsoever will result in forfeit of
entire security deposit plus any applicable damages set forth above. Parties
are described as one and half (1.5) the amount of advertised occupancy
present on the premises as specified above in this contract. Quiet hours
are from 9 pm until 8am. Guest's use of the property is subject to local noise
ordinances, therefore loud amplified music is not allowed. Noise complaints
are subject to local law enforcement intervention. Law enforcement
intervention will be deemed by Owner as a breach of this Agreement and
may lead to cancellation and forfeiture of the entire deposit at owner’s sole
discretion. Guest shall be liable for all acts of the family, invitees,
employees, or other persons invited onto the property by guest.
Lock out fee. If Guest locks himself/herself out of the Premises, a lockout
fee of $150 shall be charged.
Extra guest fee; Guest shall pay a fee equal to one half of the nightly rental
rate for the Villa for each person remaining on the Premises overnight in
excess of the number of maximum guests set forth in subsection (f) below.
Unauthorized guests are grounds for eviction without refund and forfeiture
of the entire deposit at owner’s sole discretion.
(f) Maximum number of guests. The maximum number of guests that are
permitted to remain on the premises overnight during the term of this
Agreement is set forth in the rental invoice (and first paragraph of this
g) Smoking policy. There is No Smoking inside this unit period.
Unauthorized smoking inside this unit is grounds for eviction without
(h) Pet policy. There are no pets allowed in this building, unless by
mutual agreement. Unauthorized pets are grounds for eviction without
refund and forfeiture of the deposit.
(i) Parking policy. There are two-guaranteed parking spaces per Villa.
(j) Cancellation. Guest may cancel the reservation under this Agreement no
later than the Agreement Due Date (See Section 3 (c)) in which case the
Guest shall forfeit the 100% non-refundable reservation deposit. If the Guest
cancels the reservation within the Agreement Due Date (See Section 4 (c))
and before check in date set forth in subsection (b) above or any time during
the reservation, in which case Guest will forfeit all collected money
including the damage deposit (See Section 4 (e)) and cleaning fee. Owner
may rescind this contract and refund any money paid before guest occupies
the property, due to any situation that is out of Owner’s control.
(k) Surrender of premises. Upon the expiration of the term hereof, Guest
shall surrender the Premises in as good a state and condition as they were at
the commencement of this Agreement, reasonable use and wear and tear
thereof by the elements are accepted. Guest may not sublet or assign this
(l) Sale of Property. Guest understands that the owner of this rental retains
the right to sell their property at any time. In the event the vacation
accommodation is sold by the owner, Owner will use its best efforts to
provide a substitute vacation accommodation to the Guest of equal or greater
value, up to 100% of the value of the original agreement. If Owner is unable
to find such accommodations, then this Agreement shall be cancelled and
terminated and Owner shall refund to Guest all payments made by Guest
under this Agreement, and Owner and Guest shall thereafter not have any
liabilities or obligations to the other arising out of the unavailability of the
rental property and/or Guest's travel arrangements.
(m) Guest understands that Owner cannot guarantee that adjacent properties
will be free from construction or other disturbances. Owner will inform
Guest if Owner should learn of such construction or other work or plans for
same that is scheduled for the dates on which Guest had reserved the
Property. Any inconvenience caused by construction must be communicated
to Owner during Guest's stay and upon such notice Owner, at is sole
discretion, will determine if and in what amount any compensation would be
due to Guest.
(n) Jacuzzi. Guest shall not permit any use of the Jacuzzi by
unsupervised children or others unable to swim, guests shall keep all
doors leading to the Jacuzzi closed at all times. Guests, their children and
other invitees shall use the Jacuzzi at their own risk and hold owner harmless
and indemnify the owner against any accidents and injuries and possible
4. GUEST TO INDEMNIFY
Guest shall at all times during the term of this Agreement and
thereafter, indemnify, defend and hold harmless Owner its directors,
officers, employees and affiliates against all claims and expenses,
including legal expenses and attorneys’ fees whether arising out of the
death of or injury to any person or persons or out of any damage to
property and against any other claim, proceedings, demand, expense
and liability of any kind whatsoever arising from Guest’s rent and
activities on the Premises except if such a claim is caused by the
negligence of the Owner or its directors, officers, employees and
5. ENTIRE AGREEMENT
This Agreement along with the rental invoice contains the entire
understanding of the parties with respect to its subject matter. There are no
other agreements other than those expressly set forth herein. This Agreement
cannot be modified except by a written instrument signed by both parties.
Further, this Agreement supersedes any and all other agreements, either oral
or in writing, between the parties with respect to its subject matter.
If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provisions
shall nevertheless continue in full force without being impaired or
invalidated in any way.
Owner and Guest agree that no failure to exercise and no delay in exercising
in any right, power, or privilege under this Agreement on the part of either
party shall operate as waiver of any right, power, or privilege.
8. GOVERNING LAW AND JURISDICTION
This Agreement shall be deemed to have been made in, and shall be
construed pursuant to, the laws of the State of California. Owner and Guest
agree that any dispute arising out of this Agreement shall be submitted to
American Arbitration Association for resolution within the jurisdiction of
Los Angeles County.
9. ATTORNEYS' FEES.
In the event any action at law or in equity is initiated to enforce or interpret
the terms of this Agreement, or arises out of or pertains to this Agreement,
the prevailing party in such action shall be entitled to reasonable attorneys’
fees and costs in addition to any other relief to which that party may be
Guest has read all terms and conditions of this agreement, and certifies
he/she is at least 21 (Twenty One) years of age or older.
DATE: ___________________, 2015
GUEST AGREES TO ALL ABOVE TERMS AND CONDITIONS
Joe Smith (on behalf of himself and two other guests)
DATE: ___________________, 2015please read