Terms and Conditions for OCEANSIDE PROPERTIES; Owner of the ‘Pacific Villas’, ‘Pacific Bungalow’ and ‘Brick Hotel’ properties.
TRANSIENT OCCUPANCY LODGING/LICENSE AGREEMENT:
I the Licensee, agree to the following:
- LODGING AGREEMENT: Licensee (or you) hereby agrees to license from Oceanside Properties, the Property, located in Oceanside, CA, for use solely as a private transient occupancy vacation residence and for no other purpose (“Occupancy”). Licensee acknowledges and agrees that his/her occupancy is as a lodger of the Property and not as a tenant under landlord/tenant law, and that California Civil Code Sections 1940 et seq (including, but not limited to California Civil Code §1950.5) shall not be applicable to Licensee since Licensee’s occupancy is transient and subject to tax under Section 7280 of the Revenue and Taxation Code. This Agreement is subject to termination by Oceanside Properties without recourse to eviction proceedings under California Code of Civil Procedure §1161 or any other formal or informal proceedings. This Licensee has no interest in the realty, and the Property, for purposes of this agreement, shall at all times remain under the direct control and supervision of Oceanside Properties.
- PAYMENT POLICY: Licensee is responsible for full payment of the Total Occupancy Rate for the entire license period. One hundred percent (100%) of the Total Occupancy Rate is payable to Oceanside Properties in order to book and hold the Property (Daily Rate * number of days in license period plus tax and other fees). Fifty percent (50%) of the Total is due at the time of booking and the remaining fifty percent (50%) is due thirty (30) days prior to the date of arrival. If the arrival date is less than thirty (30) days away, the entire amount would be due at time of booking. Credit cards must have an expiration date later than the date of departure. Credit cards will be kept on file in the case that damage is caused to the property.
- ACCEPTANCE OF PROPERTY: Licensee agrees to accept the Property upon arrival, provided the Property substantially meets the basic description as described on website.
- REPORTING DAMAGE TO OCEANSIDE PROPERTIES: Licensee agrees to keep the Property in good condition, and upon Licensee’s departure, the Property will be left in good and habitable condition. Any damage to furnishings, fixtures, or furniture or other notable conditions found upon arrival will be reported to Oceanside Properties within two (2) hours of Occupancy.
- RESERVATION CONFIRMATION: Reservation of the Property is not confirmed until (ii) the 100% Booking Deposit is received by Oceanside Properties, and (ii) Oceanside Properties accepts the reservation, which acceptance shall be in Oceanside Properties sole and absolute discretion.
- MAKING PAYMENTS: Failure to make payments when due will result in cancellation of this Agreement.
- DAMAGE POLICY: Licensee shall be responsible for all damage, breakage and/or loss to the Property, except for normal wear and tear and unavoidable casualties (as deemed by Oceanside Properties in its sole discretion) which may result from Licensee’s occupancy. Licensee agrees that all pipes, wires, glass, plumbing, household contents, and other equipment and fixtures will be in the same condition upon departure as at the time if check-in, reasonable wear and tear and damage by unavoidable fire and casualty the only exceptions. Licensee understands that the Property will be inspected prior to Licensee’s arrival and upon Licensee’s departure. You acknowledge any loss and/or damage to the Property will result in a charge or charges for repair and/or replacement value.
LICENSEE HEREBY CONFIRMS THAT HE/SHE UNDERSTANDS THESE CHARGES MAY BE POSTED TO THE CREDIT CARD ON FILE, OR, IF OCEANSIDE PROPERTIES IS UNABLE TO CHARGE THE CREDIT CARD, HE/SHE WILL PROMPTLY (AND IN NO EVENT MORE THAN 10 DAYS) SUBMIT THE MONIES DUE TO LICENSEE FOR FULL COST OF THE REPLACEMENT OR REPAIR.
- CANCELLATION POLICY: If licensee cancels the reservation less than seven (7) days before the Check-in date, there will be NO refund and licensee will be charged 100% of the cost of reservation. If licensee cancels between six (7) to thirteen (13) days before the Check-in date, Licensee will be charged 50% of the cost of the reservation. If licensee cancels the reservation a full fourteen (14) days prior to their reservation, Oceanside Properties will honor a full refund. There will be no refunds for mid-stay cancellations or unused nights. Modifications are accepted up to fourteen (14) days prior to arrival. Bookings can be moved to a date up to three hundred and sixty-five (365) days from the date of modification and the current trip amount will be used as a credit towards the future stay. If choosing this option, guests must select new dates of stay for which to move their reservation. If the new dates of stay are of lesser value, guests will be refunded the difference. If the new dates of stay are of higher value, host will outline the added cost for guest review. Modifications are subject to availability.
- SMOKING: This is a non-smoking property. Any violation of the smoking policy will incur a $250 Additional “Smoke Damage” Cleaning Fee to remove smoke odors from the house and/or linens.
- PETS: There are to be no pets on the Property - except with prior authorization to the 'Pacific Bungalow' property and 'Rooms 203 and 204 of The Brick Hotel'. Guests who bring a pet or pets without approval will be charged a $100 fee and may be immediately evicted from the Property.
- MAXIMUM NUMBER OF OCCUPANTS: The Property is to be occupied by no more than the maximum sleep number stated on the listing website unless approved in writing by Oceanside Properties. If Licensee exceeds the occupancy limit and falsifies occupancy information at the time of reservation, Licensee shall be subject to eviction. “Occupants” includes small children, infants and overnight visitors. If more than the maximum number is found to be occupying the Property, you agree that a charge of $100.00 per person/ per day will be made to your credit card. Additionally, this Agreement may be immediately terminated without a refund of any amounts paid. Exceptions: Licensee may have two (2) daytime guests at the Property beyond the maximum sleep number stated on the website. All parking, noise and community rules and restrictions must be followed. A daytime guest is understood to be any guest not sleeping at the property and must vacate the premises during the ‘quiet hours’ of 10PM – 8AM.
- EVENTS: Events are prohibited at all Oceanside Properties locations. Any planned events held at the Property must be disclosed by Licensee to Oceanside Properties and approved. Failure of Licensee to notify Oceanside Properties of an event could result in additional charges as determined by Oceanside Properties and/or removal from the Property. Oceanside Properties retains the right to determine if a gathering constitutes an event.
- CHECK-IN: Check-In is no earlier than the time designated on your booking on the day of arrival unless prior arrangements have been made with Oceanside Properties.
- CHECK-OUT: Check-out is no later than 11AM on the day of departure. Check-out is defined as completely off the Property (and vehicle out of parking spot). The entire window between check-out and check-in is needed to adequately clean & prepare the home for the next guest. Out of respect for our housekeeping staff and newly arriving guests we ask that you adhere to our arrival/departure times. If you fail to be completely out by 11AM without prior approval you will be charged a minimum of $50. Special arrangements must be made ahead of time to be sure that a longer stay will not pose a problem. Please understand this is not meant to be an inconvenience but to ensure that every guest has the same opportunity to enjoy their stay at this Property.
- ILLEGAL SUBSTANCES: Illegal substances are strictly prohibited and grounds for immediate eviction from the Property. You, your guests and visitors, agree that any drug use on the Property, or using the Property for any immoral or unlawful purpose, or violation of any law or ordinance on or about the Property will immediately terminate your occupancy and be grounds for immediate eviction from the Property. You shall be liable for any and all costs incurred by Oceanside Properties as a result of the breach of this Section.
- ENTERING PREMISES: Owner, Owner’s Agent or Oceanside Properties may enter the Property at any time, with no prior notice in order to perform necessary repairs and/or maintenance and at their sole discretion.
- MOVING FURNITURE: The Owner shall provide furniture and fixtures, linens and towels, and a fully equipped kitchen (with the exception of the Brick Hotel, which does not include kitchens). Licensee is responsible to return any furniture that was moved to its original position.
- ITEMS LEFT BEHIND: Oceanside Properties shall not be liable or responsible for personal items left behind, lost or stolen. If you leave an item after checking out and wish to have it returned, contact Oceanside Properties as soon as possible and we will arrange for shipment. We will inform you of the shipping cost and with your approval, charge the credit card on file to cover the expense.
- LIABILITY: Owner or Oceanside Properties shall not be liable to Licensee, its guests or invitees or any other person for any injury, loss or damage to any person or property on or about the Property. Licensee shall hold Owner and Oceanside Properties harmless and indemnify Owner and Oceanside Properties from and against all loss, injury or damage occasioned by the use or misuse or abuse of any part of the Property and from or against any omission, neglect, or default of Licensee, its guests, licensees or invitees.
- SUBLETTING: This Agreement may not be assigned, or the Property sublet or occupied by anyone other than Licensee and its guests.
- CHANGING THE LOCKS: No physical changes to the Property or changing of locks on the Property are permitted.
- FILM/VIDEO/PHOTO SHOOTS: The Property shall not be used as a location for amateur or professional film/video/photo shoots without the prior written consent and arrangement with Owner and Oceanside Properties
- INDEMNIFY AND HOLD HARMLESS: You agree to indemnify and hold Owner and Oceanside Properties harmless from all liability, loss or damage arising from any nuisance or harm made or suffered on the Property by you, your guests or invitees, or from any carelessness, neglect, or improper conduct of any persons occupying or visiting the Property during your occupancy pursuant to this Agreement.
- EXCEPTIONS: Any exceptions to the rules and regulations as written herein must be approved in writing in advance by Oceanside Properties
- BOOKING POLICY: Occupancy rates naturally fluctuate throughout the year based on market conditions. When reservation confirmation is received, occupancy rates are locked in for the dates in the reservation. Should occupancy rates go up, you understand you will not be required to pay more. In addition, should occupancy rates go down, you understand you will not be entitled to a refund.
- AMENITIES: Oceanside Properties make every attempt to ensure the Property lives up to the cleanliness & amenities of the pictures as seen on the booking website. Naturally, some of the Property’s amenities will need to be replaced or changed over time and may not be the specific amenity shown in the pictures.
- EXTRAORDINARY CIRCUMSTANCES: There may be circumstances in which the Property might not be available for your stay. Examples of these include (but are not limited to) destruction of or damage to the Property, changes in local occupancy regulations, or other reasons. In the event the Property is not available, for whatever reason, we will do our best to make alternative arrangements for you where possible. If we cannot, or if the alternative arrangements are not acceptable to you, then we will refund all monies paid. This will be the full extent of our liability to you in such circumstances, and we will not be responsible for any other costs connected with any such cancellation, howsoever arising.
- LENGTH OF STAY: Stay may not exceed twenty-eight (28) consecutive nights.
- ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties relating to the Property, and it supersedes any and all prior memoranda, options, oral agreements and understandings of the parties respecting the subject matter of this Agreement, and supersedes all other prior documents made by the parties in connection with the transaction described herein.