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Thanks for your business and we hope you enjoy your stay in our property!
Rental Agreement
This Rental Agreement (“Agreement”) is entered into between CP Vacation Rentals (“we” or “us”) and the individual making the reservation (“Renter” or “you”), together with any accompanying guests (“Guests”). By booking a reservation with CP Vacation Rentals, you acknowledge that you have read, understand, and agree to be bound by all terms, conditions, and policies contained herein. If you are booking through a third-party marketing channel, your reservation may be subject to that channel’s own terms and conditions (“Channel Terms”). If any provision of the applicable Channel Terms differs from the terms in this Agreement, the provision of the Channel Terms will control.
Reservations
All Reservations are subject to Management and Property Owner approval. Online rates are subject to change without notice. Should there be ANY issues with the reservation, you will be contacted within 48 hours. Upon receipt and approval of your reservation, you authorize us to charge a pre-paid deposit equal to 50% of the total rate at the time of booking. The remaining 50% will be charged 14 days prior to your scheduled arrival. For reservations made within 14 days of arrival, the full rate (including taxes and fees) will be charged at booking. By choosing to pay with a credit card, you represent that you are either the account holder or an authorized user of the account. Failure to provide a verifiable form of payment, or any suspected fraudulent activity, may result in the immediate cancellation of your reservation and the removal of you and all associated occupants from the Property.
Payment Terms and Fraud
Upon receipt and approval of your reservation, you authorize us to charge the pre-paid deposit as described above. Should your payment be declined by the card processor, we reserve the right to request an alternative form of payment along with sufficient verification (such as a government-issued ID matching the account name). Failure to provide a verifiable form of payment, or if payment is not collected, may result in immediate cancellation of your reservation and removal from the Property. In the event any fraudulent activity is suspected, your credit card details and personal information may be shared with law enforcement.
Property
Guest rents, for vacation purposes only, the furnished real property and improvements described. You agree that your use of the Property is on a temporary and transient basis only and that you may not use the Property as a permanent residence. In the event the Premises become unavailable for any reason beyond the control of Management, Management may substitute a comparable unit or cancel this Agreement and refund in full all payments made by Guest.
Approved Guests and Occupancy
The Premises are for the sole use as a personal vacation residence by Approved Guests. The Reserving Guest is responsible for any guests that use the Property during the term of this Agreement. Guests may not exceed the maximum occupancy for the Property at any time. If the Premises are used in any way by more than the maximum allowed guests, Guest and all others may be required to immediately leave the Premises or be removed; Guest will be in breach of this Agreement; and Guest forfeits its right to a return of any monies collected. Approved Guests are persons who will occupy the Premises, and no unlawful activity or any other activity that constitutes a nuisance is permitted. Approved Guests assume full responsibility for all lost or broken items and any damages to the Property of any kind.
Damage Waiver
Our properties are inspected before and after each reservation. Guests agree to pay for any flagrant damage to the units, excessive cleaning required at check-out, missing or damaged contents of the unit, or any other accidental damage to anything within the rental unit during the rental period.
Check-In and Check-Out
Check in is after 4:00 p.m. and check out is before 10:00 a.m. Front door codes will not work until 4:00 p.m. unless earlier entry has been authorized. 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, change the locks or lock codes, and take further necessary or appropriate action. You may be liable for any associated costs and for additional fees of up to 150% of the effective daily rate of your stay for each day (or partial day) that you overstay, as well as any other related damages, fees, costs, or expenses incurred by us.
Cleaning
A one-time cleaning fee is required for our turnover services, which include the customary cleaning and restocking of your unit. The Premises will be delivered to you in a professionally cleaned condition. In addition to these services, if at the time of your departure extra cleaning is required due to your use or activity, you may be billed for additional cleaning services. Extra cleaning is defined as any cleaning tasks beyond our standard turnover services, including removal of excessive dirt, debris, stains, odors, or any tasks deemed necessary to restore the unit to its proper condition consistent with normal wear and tear.
Condition of Premises
Upon arrival, Guest shall examine the Premises, including all furniture, furnishings, appliances, fixtures, and landscaping (if any), and immediately report in writing any items that are not in operating condition or are in disrepair. Reporting repairs does not give Guest the right to cancel this Agreement or receive a refund of any payments made.
Lost or Left Items
Management assumes no responsibility for lost, stolen, or abandoned items. Reasonable effort will be made to contact the Guest for return. There will be a $25.00 handling charge plus shipping costs for any found items returned at Guest’s request. Management shall not be held liable for the condition of such items, and any items not claimed for longer than 30 days may be donated or sold.
Mail Services
You may ship directly to the home you are staying in using FedEx or UPS; however, we cannot guarantee delivery or the security of the package. Delivery arrangements are the responsibility of the shipping client and receiver. We are not responsible for any lost, damaged, or delayed deliveries. Returning late deliveries after you have departed will incur an additional fee, plus the cost of shipping.
TV/Cable/Internet/Satellite
No refund shall be given for the number of devices, outages, content, or lack thereof, or for personal preferences regarding cable, internet, or satellite service. These services are provided as a convenience only and are not integral to this Agreement. Not all Properties include cable service. No refund shall be given for outages, content issues, speed, access problems, or personal preferences.
Air Conditioning/Heating
Not all rentals are equipped with air conditioning. If the unit is so equipped, and if not regulated otherwise, Guest agrees that the air conditioning and heater will be turned off when the Property is unoccupied. Doors and windows shall be closed when either heat or air conditioning is in operation. There are no refunds for lack of, or malfunctioning, HVAC units.
Pool and Spa
If the Property is so equipped, spa heating is included. Pool heating may include an additional fee and must be paid for prior to use. Guest agrees not to tamper with pool heat controls or manipulate the heater in any way. Guest understands that the area surrounding the pool and spa may not be fenced or secure and agrees to be responsible and liable for any damages that occur to the pool, spa, or its support equipment through misuse and/or negligence.
System Failures
In the event the rental unit sustains a failure of any system including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, or hot tub systems neither the Property Owner nor Management shall be liable to Guest for damages, and no refunds will be given for such failures. Management will, however, make an effort to promptly repair or replace the failed system or equipment, and Guest agrees to permit Manager or its service provider reasonable access to the Property to inspect and make necessary repairs.
Unforeseen Occurrences
Management will not assume liability for any loss, damage, or inconvenience caused by, but not limited to, weather conditions, natural disasters, pests, construction, acts of God, or other reasons beyond its control. There shall be no refunds available in such instances. It is highly recommended that Guest consider travel and/or rental insurance.
Rules and Regulations
We maintain a No Tolerance Policy regarding excessive noise, parties, or disturbing neighbors; these terms are strictly enforced. The following are prohibited:
1. 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); violation of this rule will incur a $250 fine plus $500 to clean and deodorize the interior.
2. Parties or events that are not authorized by Owner.
3. Unreasonable numbers of guests including any that exceed the maximum permitted by law.
4. The number of overnight guests cannot exceed the maximum allowed for the unit as posted on the website.
5. Excessive noise and any audible noise outside of the unit after 10:00 p.m.
6. Disturbing neighbors or invading their privacy or security.
7. 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).
8. Pornography production or prostitution.
9. Dangerous or hazardous items (e.g., those that may increase the risk of fire or explosion such as candles or lighters).
10. Firearms and other weapons (except those rightfully possessed by on-duty or off-duty law enforcement officials or licensed security guards).
11. Placing of obstructions, signage, garbage, food, or personal items unattended outside the unit.
12. Creating unsanitary conditions (e.g., generating excessive trash or offensive odors, or attracting pests).
13. Making any change, modification, alteration, or addition whatsoever to the unit or its contents (including moving furniture around).
14. Soliciting or loitering around the space or building.
15. Commercial photography, film, or videography without expressed written consent.
16. Medical activities or procedures of any nature, including end of life care, other than regular, on-going medical treatment not requiring specialized equipment.
17. Using the unit for any purpose other than for personal accommodation.
Maintenance and Reporting
Guest shall properly use, operate, and safeguard the Premises, including any landscaping, furniture, furnishings, appliances, and all mechanical, electrical, gas, and plumbing fixtures, and keep them clean and sanitary. Guest shall immediately notify Management of any problem, malfunction, or damage. Guest shall be responsible for and pay for all repairs or replacements caused by their actions, excluding ordinary wear and tear, and for any damage resulting from failure to report issues in a timely manner.
Entry and Inspection
Management and its representatives and agents have the right to enter the Premises at any time for the purpose of making necessary or agreed repairs, decorations, alterations, improvements, or for maintenance or to supply necessary services; to verify that Guest has complied with the terms of this Agreement; or in the case of an emergency. Owner and its agents also have the right to enter the Premises in the event of an emergency, to perform necessary or agreed repairs, or when Guest has abandoned or surrendered the Property. Except in cases of emergency or abandonment, entry will be made during normal business hours with at least 24 hours’ notice.
Termination of Occupancy
Upon termination of occupancy, Guest shall return all copies of keys or opening devices to the Premises, including any common areas; vacate the Premises and surrender it to Management empty of all persons at the agreed upon time; vacate any and all parking and/or storage space; and deliver the Premises to Management in the same condition, less ordinary wear and tear, as received upon arrival.
Weather/Mother Nature
We cannot be held responsible for circumstances beyond our control. This includes, but is not limited to, excessive noise from construction or public/private events, wildfires and smoke, and any weather-related interruptions such as heavy rain, thunderstorms, coastal storms, flooding, high winds, or any other natural meteorological events that cause road closures, utility disruptions, or service interruptions. We are also not liable for unexpected appliance breakdowns or related damages.
Personal Property and Injury
Guest personal property, including vehicles, is not insured by Owner or, if applicable, the HOA against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts, or any other cause. Owner/Management does not insure against personal injury to Guest, guests, or licensees due to any reason other than the condition of the Premises. Management recommends that Guest carry or obtain insurance to protect themselves, their guests, and their personal property from any loss or damage. Guest agrees to indemnify, defend, and hold harmless Owner and Management from all claims, disputes, litigation, judgments, costs, and attorney fees resulting from any loss, damage, or injury sustained by Guest or their property.
Mediation
Guest agrees to mediate any dispute or claim arising out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved.
Joint and Individual Obligations
If there is more than one Guest, each one shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually with every other Guest.
Entire Contract
Time is of the essence. All prior agreements between Owner and Guest are incorporated in this Agreement, which constitutes the entire contract. It is intended as the final expression of the parties’ agreement and may not be contradicted by evidence of any prior or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding involving this Agreement. Any provision held to be invalid shall not affect the validity or enforceability of any other provision, and the waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach.
Release
In consideration of the right to visit the home, Guest agrees to release, to the fullest extent allowed by law, Owner and its Management including their members, officers, associates, employees, agents, representatives, attorneys, assigns, and affiliates (collectively, the Affiliates) from all liability or responsibility of any kind whatsoever for any personal injury, death, property damage, or other loss sustained by Guest, their minor children, any guest identified on this form, or any guest or person allowed onto the Property during the rental period as a result of Guest’s, their minor children’s, or their guests’ participation in a visit to the home, regardless of cause, including without limitation negligence on the part of Owner or Management. This release shall bind Guest’s heirs, administrators, executors, and any other person or entity seeking to claim under or through Guest.
Additional Terms and Conditions
Guest Requirements
The Minimum Age to rent the Property is 21 years of age. You agree to provide proof of age upon request, and a parent or legal guardian must accompany all guests who are under 18 years of age for the entire duration of the rental. As the Renter, you agree to be an occupant of the Property for the entire duration of your stay. All other occupants will be family members, friends, or other responsible adults over the Minimum Age, or accompanied by a parent or legal guardian.
Good Neighbor Policy
All occupants are required to adhere to a Good Neighbor Policy to ensure a respectful, safe, and harmonious environment. You are expected to treat the Property with the same care as your own residence and to secure all doors and windows by closing and locking them when you are not present and upon check-out. The Owner is not responsible for any lost or stolen items either within the unit or on the Property.
Cancellation Policy
In accordance with CP Vacations Cancellation Policy, 100% of all paid prepayments are fully refundable if your cancellation is received 14 days or more before the scheduled arrival date. Cancellations received less than 14 days before arrival, including no-shows, will result in the forfeiture of all prepayments.
Maintenance and Housekeeping Issues
The Property is provided “as is.” While we will take reasonable steps to address any maintenance or housekeeping issues upon notification, we are not responsible for the inoperability or unavailability of any amenities.
Governing Law and Dispute Resolution
This Agreement shall be governed by the laws of San Diego County, California. Any disputes shall be resolved in accordance with the provisions set forth herein, including mediation as described above.
Acknowledgment, Disclaimer, and Limitation of Liability
You acknowledge that the Property may have features, amenities, and conditions that carry inherent risks, including but not limited to bodily injury, illness, or property damage. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CP VACATION RENTALS EXPRESSLY DISCLAIMS ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND THE ADEQUACY OF DIRECTIONS AND WARNINGS PROVIDED. In no event shall CP VACATION RENTALS, nor its affiliates, or their respective officers, directors, employees, or agents, be liable for any indirect, incidental, consequential, special, or exemplary damages, or for any damages for personal or bodily injury, illness, emotional distress, or property damage arising out of or in connection with your stay at the Property.
Chargeback, Indemnity, and Assignment
By accepting this Agreement, you acknowledge and agree that all charges including the room rate, taxes, cleaning fee, additional add-ons (e.g., pet fee), and any applicable damage fees are correct as detailed in your booking confirmation, and you agree not to initiate any chargeback. In the event of a chargeback dispute, this Agreement and the booking confirmation details will be provided to your bank as proof. You further agree to hold harmless and indemnify Owner and its agents, and their respective affiliates, from all claims arising from property damage, personal injury, or monetary loss resulting from your or any other Occupant’s actions or omissions during your stay. Owner may assign this Agreement or any of its rights, or delegate any of its duties, at any time without your consent.
Acceptance
By accepting this Agreement, you are agreeing to all terms and conditions contained herein. |
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CP Vacation Rentals
5245 Avenida Encinas
Carlsbad CA 92008
(619)-787-0345
cpvacations@cavprops.com |
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