This Vacation Rental Agreement (“Agreement”) between Michael D. Mooney and Nancy L. Mooney with respect to the Pacific Breeze vacation rental, (collectively or individually, as the context may require, “Company” or “we” or other variations of such pronoun) and “you” (or other variations of such pronoun) is for rental of the vacation rental property or properties (the “Property”) specified in a confirmed reservation.
By booking your rental Property, you acknowledge that you have read and understood, and agree to be bound by, all terms, conditions, and policies in this Agreement.
The description of the Property set forth on our website or the portal you used to book your stay, including without limitation, the parking limitations and maximum occupancy information (the “Property Description”), are part of this Agreement and are incorporated herein by this reference.
Minimum Age; Short Term Rental. You must be at least 25 years of age to rent the Property. You hereby confirm that you are at least 25 years of age. Regardless of the duration of your stay, you acknowledge and understand that this Agreement memorializes a short term nightly rental arrangement and does not constitute a lease (of any duration).
Payment Procedure; Details of Stay. In order to book a Property you must make a deposit in an amount equal to one hundred percent (100%) of your reservation total on your booking date. The remaining amount due for your stay (including a security deposit or security deposit hold, if applicable) will be charged or placed to your credit card on file one day prior to your booking date. We do not accept checks or cash payments. We will provide you with directions to the Property and the entry code to all entry locks two days prior to your stay to the e-mail address provided at booking. If you do not book direct, and instead book through a third party, additional fees and refund and deposit policies of such third party may apply (but all other terms and conditions remain the same). Please review the policies of any third-party booking sites prior to confirming your booking.
Responsible Renter. You are the responsible renter of the Property and 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 25, 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 of this Agreement.
Good Neighbor Policy; Quiet Hours. We enforce a 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. You and your 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, that is not in violation of any local, state or federal laws, and that will not prompt complaints to us from police, neighbors, or neighborhood or homeowner associations. Noise audible outside the Property (including music or loud conversation) is prohibited between 10 p.m. and 8 a.m. per Place de Mer Home Owner Association. Additionally, Manresa State Beach has the same quiet hours including extinguishing of all fires on the beach.
Parking; No Boats, RVs, Etc. The Property is limited to two parking spots in the driveway directly in front of the Property. These driveway spots are only suitable for vehicles whose gross vehicle weight is less than 7,500 lbs (equivalent to a Chevy Suburban, Ford F150, or smaller). You and your Occupants are solely responsible for understanding their vehicles gross vehicle weight and complying with this provision. You will be responsible for any damage that occurs as a result of not complying with this provision. There is also a limited on-street parking, as set forth in the Property Description/House Rules. You and your Occupants agree to abide by all applicable parking restrictions and limitations. No boats, buses, campers, recreational vehicles, personal watercraft, wave runners, or trailers, regardless of type or size, may be parked at the Property or the adjacent street. Please contact us if you have any questions about parking.
Maximum Occupancy. The number of people (including children) present at the Property may not exceed the maximum occupancy set forth in the Property Description, eight (8) overnight guests. Social gatherings are limited to ten (10) people maximum and only between the hours of 8am – 10pm.
No Smoking. No smoking is permitted inside the property, the property’s balconies or decks, or within fifty feet of the Property or any structure within the Place de Mer townhouse complex. “Smoking” means inhaling, exhaling, breathing, carrying, or possessing any lighted or electronic cigar, cigarette, pipe, vaporizer, joint, or other tobacco or marijuana product in any manner or in any form. By accepting this Agreement, you agree that If evidence of smoking is found inside the house, on the decks or balconies, or within 50’ of the premises you will forfeit your security deposit.
Pets. No pets of any kind, including service animals, are permitted at the Property. By accepting this Agreement, you agree that If evidence of pets is found entering the premise, inside the house, on the decks or balconies, or within 50’ of the premises you will forfeit your security deposit.
Events and Commercial Photography; Structures. Events and commercial photography or filming are prohibited at the Property. Prohibited events include parties, meet-ups, weddings, receptions, concerts and other similar events. No tents, canopies, or other structures may be erected on the Property. Maximum capacity is eight (8) overnight guests. Social gatherings are limited to ten (10) people maximum and only between the hours of 8am – 10pm.
Keys. An electronic lock is provided for safe and contactless entry.
Check-In/Check-Out. Check-in time is at or after 4:00 P.M. Check-out time is at or before 11:00 A.M. Pacific Time. If you do not vacate by check-out time you authorize us to deduct from your deposit or bill your credit card on file for a late departure fee of up to one night’s rental and we may evict all Occupants and remove their personal property from the Property.
Housekeeping and Maintenance Issues; Property Conditions. The Property is provided AS-IS, and we are not responsible – nor will you be provided with any discount – for the inoperability or unavailability of any amenities (including, without limitation, any phone or internet service, TVs, DVDs, cable). You agree to contact us 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. We will take reasonable and appropriate steps to remedy any reported urgent or hazardous problem as soon as practicable. We may enter the Property 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. We provide an initial supply of tissue, toilet paper, paper towels, garbage and recycling bags, bath soap, laundry, dish detergent, clean bed linens, and towels. We do not replenish products during your stay.
Your Cleaning Obligations. Please leave the Property in the same general condition as it was in when you arrived. Clean all food and drink spills immediately. Be aware that food and drink spills on carpet and furnishings constitute damage to the Property (and not normal wear and tear). Remove all of your food from the refrigerator and clean any spills you are responsible for inside the refrigerator. Do not leave dirty dishes; rinse dishes and place them in the dishwasher on the wash cycle. There is no need to strip dirty linens from the beds. Please place all dirty towels in the shower. Staff will arrive shortly after your departure to thoroughly clean and inspect the Property. Please be advised that any excessive cleaning, deemed necessary by our professional housekeeping team, that results in an additional charge to us, will be deducted from Your security deposit.
Criminal Activity Prohibited. Use of the Property for any criminal activity is prohibited and may result in fines or prosecution. This prohibition extends to use of the Property’s Internet service, if any, for criminal activity, including unlawful downloads of copyrighted material, including movies, music, software, or other material.
Consequences of Breach. Any failure by you or any other Occupants to comply with any of the terms of this Agreement may result in a forfeiture of your rights to rent the Property, up to and including immediate eviction from the Property without refund. In addition, you are responsible for, and you authorize us to deduct from any deposit you have made with us and, if your deposit is not sufficient to cover the full amount (or you have not made a deposit), to bill your credit card on file for the full amount of: (1) any damage, theft, or loss that occurs at the Property during your stay; (2) a charge of $1,000 plus tax per violation for any violations of the pet policy, including bringing a pet on to the Property; (4) a charge of up to $150 plus tax per violation for noise complaints from neighbors received by us during your stay; (5) an additional cleaning fee of up to $500 for excessive cleaning required by the acts or omissions of any Occupant during your stay; and (6) the full amount of 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 reasonably believe has enforcement rights.
Cancellation Policy; No-Shows; Changes. Rental payments are nonrefundable. No refunds or compensation will be given if the Property is unavailable (or if it is available but difficult to reach) for any reason outside of our control, including but not limited to adverse weather conditions, natural disasters, mechanical failures, acts of government agencies, or utility outages. We advise our guests to obtain appropriate travel insurance. In addition, for any unforeseen circumstance We reserve the right to cancel the stay, or issue a credit for a future stay. In the event the reservation is moved, changed or a future stay credit is provided, the reservation will not be eligible for cancellation or refund. If you do not book direct, and instead book through a third party, additional fees and refund and deposit policies may apply (but all other terms and conditions remain the same). Please review the policies of any third party booking sites prior to confirming your booking.
Choice of Law and Venue for Disputes. This Agreement shall be governed by the law of the State of California without regard to its conflict of laws provisions, and both parties consent to the exclusive jurisdiction and venue of the courts of Santa Cruz County, California.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL EITHER COMPANY, NOR ITS SUCCESSORS, ASSIGNS, AFFILIATES, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OWNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR DEATH, PERSONAL OR BODILY INJURY, 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 COMPANY 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 Company for all losses, damages, and claims for personal property damage, damage to the Property, personal injury, or monetary loss (including attorneys’ fees) resulting from your actions or omissions, and the actions or omissions of your Occupants, during your stay.
Binding Arbitration and Class Action Waiver. You agree to submit to mandatory binding arbitration any dispute, controversy or claim arising with the Company (each a “Claim” and collectively “Claims”) that may be compelled to arbitration under this Agreement as a matter of applicable law. YOU WAIVE ANY RIGHTS YOU MAY HAVE TO TRIAL BY JURY IN REGARD TO ANY CLAIMS YOU HAVE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHTS YOU MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS, COLLECTIVE, AGGREGATE, OR REPRESENTATIVE ACTION PERTAINING TO ANY CLAIMS YOU MAY HAVE WITH RESPECT TO THE COMPANY (“Class Action Waiver”). All Claims must be brought solely in a party’s individual capacity. If any action shall be brought by either you or Occupants or the Company to interpret or to enforce the terms of this agreement against the other, the prevailing party shall be entitled to all costs of such litigation from the non-prevailing party, including, without limitation, reasonable attorneys’ fees. The arbitrator may award any party any remedy to which that party is entitled under applicable law, but, to the extent permitted by applicable law, such remedies shall be limited to those that would be available to a party in his, her or its individual capacity in a court of law for the claims presented to and decided by the arbitrator, and no remedies that otherwise would be available to a party in his, her or its individual capacity in a court of law will be forfeited by virtue of this Agreement. The arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. Except as may be permitted or required by law, as determined by the arbitrator, or as necessary to confirm or enforce the arbitrator’s award, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. A court of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration.
Additional Matters. Please refrain from publishing any untrue disparaging remarks about the Company, including its employees and agents, or the Property. We reserve the right to seek redress for defamation, libel or slander to the fullest extent of the law. We reserve the right to reject your request for occupancy or to cancel reservations (with a full refund) in our sole discretion. This Agreement may only be amended or modified by a writing signed by you and an officer of the Company.
Assignment. You may not assign this Agreement without the prior written consent of the Company. The Company may assign this Agreement.
By acknowledging and accepting this Agreement you agree to be opted into communications from the Company via phone, e-mail, mail, or other communications to which you may opt out after receipt of said communications pursuant to all pertinent laws and regulations regarding such communications.
Contact Us. You may contact the Company at any time by emailing or calling. If you are unable to reach us during regular business hours, please leave a message and your call will be returned as soon as possible.
