For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows:
RENTAL AGREEMENT: This Rental Agreement (the “Agreement”) is made by and between The Wampole Group, Inc. DBA TRAVLR Vacation Homes (“Manager”) and _______________(“Guest”). Guest check-out after 11:00AM without the expressed written consent from Manager will incur a charge of one-half of the nightly rental rate to the credit card provided below. Guest check-out after 1:00PM will be charged an additional full day’s rent to the credit card provided below. Pictures of Property are available at www.staytravlr.com.
CHECK IN/CHECK OUT: Check-In Time is 3:00PM PST. Early check in may be available upon request. Please ask your reservationist for the cost as it varies per Property. Check Out Time is 11:00AM PST. Late check out may be available upon request, so please ask your reservationist for the cost and availability for your requested check out time.
SECURITY DEPOSIT: A Valid Credit Card is required to be kept on file upon Reservation. Should a Security Deposit not be collected or damages cost are above the coverage of the damage insurance or above the amount of deposit, the Credit Card on file will be charged for any of these costs. Guest hereby grants consent for Manager to charge Credit Card on file for costs that include without limitation, cleaning beyond normal wear and tear, removing excessive garbage, repairing or replacing any part of the Property, its contents, common areas and recreational facilities for damage caused after your move-in. If all terms and conditions of the agreement are fulfilled the deposit will be returned in full within 21-business days after Guest departure.
SECURITY DEPOSIT FOR THIRD PARTY BOOKING CHANNEL INCLUDING BUT NOT LIMITED TO AIRBNB: Please reference the security deposit governing rules from the booking channel in which you made your Reservation. Guest acknowledges that the security deposit will be used by Manager at its sole discretion, for costs that include without limitation, cleaning beyond normal wear and tear, removing excessive garbage, repairing or replacing any part of the Property, its contents, common areas and recreational facilities for damage caused after your move-in.
VACATION RENTAL DAMAGE PROTECTION: As a part of your stay, you may purchase a Vacation Rental Damage Protection plan designed to cover unintentional damages to the rental unit that occur during your stay provided they are disclosed to management prior to check-out. If purchased, the policy will pay a maximum benefit up to $500.00. Any damages that exceed the $500.00 or are not covered under the plan will be charged to the credit card on file. The Vacation Rental Damage plan can be purchased up to, and including at, check-in. Please contact Manager directly if you wish to participate in this assignment.
VACATION RENTAL INSURANCE: CSA Vacation Rental Insurance has been made available with your reservation. Vacation Rental Insurance reimburses for pre-paid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. We strongly recommend you purchase this valuable protection. If not purchased, you acknowledge you have read and understand our cancellation policy and choose not to purchase Vacation Rental Insurance on behalf of all occupants. Separate terms and conditions apply, read your policy carefully and contact CSA at (866) 999-4018 with coverage questions.
APPROVED GUESTS, GUEST RESPONSIBILITY AND USE OF PROPERTY: Approved Guests are persons who will occupy the Property. No unlawful activity or any other activity that constitutes a nuisance is permitted on the Property. Approved Guests take full responsibility for all lost or broken items, and any damages to the Property of any kind.
The Property is for the sole use as a personal vacation residence by Approved Guests. Guest is responsible for any Guests that use the Property during the term of this agreement, including Minors. Guest may not exceed Max Occupancy for Property at any time. If the Property is used, in any way, by more than max allowed Guests, (i) Guest and all others may be required to immediately leave the Property or be removed from the Property; (ii) Guest is in breach of this Agreement; and (iii) Guest forfeits its right to return of any monies collected. Guest accepts the responsibility to properly maintain the Property during occupancy and agrees to replace or repair and pay for any breakage, damage, or loss caused by you or your visitors during occupancy, other than normal wear and tear. Guest shall be responsible to ensure that all persons on the Property comply with all terms of this Agreement, all laws and all rules of the Homeowners Association where the Property is located. Guest shall be liable for any and all damages or fines that arise from noise complaints called on the Property. Minimum fines for noise violations start at $500 and can increase significantly for repeat offenses or for other gross violations by Guest or other occupants of the Property.
NO EVENT/PARTY POLICY: Unless otherwise authorized in writing by Manager, no gatherings, loud celebrations, amplified music such as a DJ, large speakers, parties or other private events (collectively “events”) are to be held at the Property during your occupancy. Holding an event without receiving prior approval, permit or permission from Manager is considered an abuse and breach of this Agreement and cause for immediate termination of Occupancy. In this event, Guest will forfeit all monies, including security deposits.
TERMINATION OF OCCUPANCY: Upon termination of occupancy, Guest shall: (i) return all copies of all keys or opening devices to the Property, including any common areas; (ii) vacate the Property and surrender it to Manager empty of all persons at agreed upon time; (iii) vacate any/all parking and/or storage space; and (iv) deliver the Property to Manager in the same condition less ordinary wear and tear as received upon arrival.
SYSTEM(S) FAILURES: In the event the Property sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, cable, internet, pool, hot tub or other system or structural systems, neither the Property owner nor the Manager shall be liable to Guest for damages, and no refunds will be given for such failures. However, Manager will make an effort to promptly repair or replace the failed system or equipment, and in such event, Guest agrees to permit Manager or its service provider to have reasonable access to the Property to inspect and make such repairs.
MAINTENANCE AND REPORTING: Guest shall properly use, operate and safeguard the Property including, if applicable, any landscaping, furniture, furnishings, appliances and all mechanical, electrical, gas and plumbing fixtures, and keep them clean and sanitary. Guest shall immediately notify Manager of any problem, malfunction or damage. Guest shall pay for all repairs or replacements caused by Guest, excluding ordinary wear and tear. Guest shall pay for all damage to the Property as a result of failure to report a problem, malfunction or damage in a timely manner.
UNFORESEEN CIRCUMSTANCES: Manager will not assume liability for any loss, damage or inconvenience caused by but not limited to the following: weather conditions, natural disasters, pests, construction, acts of God, or other reasons beyond its control. There shall be no refunds available as such instances are beyond the control of Manager. It is highly recommended that Guest consider purchasing travel and/or rental insurance.
UTILITY AGREEMENT (LONG-TERM RESERVATIONS): For vacation rental stays for one month or longer, you acknowledge and accept that you will pay for ALL utilities (Gas & Electric) during your stay. The total Utilities will be deducted from the Security Deposit and billed thereafter. Security Deposits will be refunded within 45-days after departure for month or longer reservations. A $45 utility processing fee will be applied to the reservation which covers the administrative hours required to prorate your utility usage.
PRIVATE POOLS AND SPAS: All of our homes feature private pools and spas. Pools and spas are chemically serviced and cleaned regularly. All of our pools may be heated during the winter for your use and enjoyment upon request. Please contact a reservationist as to the cost of pool heating. Tampering with the thermostat to increase the temperature will result in an additional charge of $99 per day and will be deducted from security deposit. All of our pools and spas have been properly cleaned in advance of your arrival. However, we experience winds in the desert that cause debris from Palm Trees and other materials to fall into the pool. Please advise the office if your pool is not clean, and we will make every effort to contact a pool cleaner, but please understand that WE CANNOT GUARANTEE that the pool person will be able to return to the Property. In the event of any damages caused by tampering, the Guest shall be responsible for the cost of said damages.
NO SMOKING POLICY: All properties are non-smoking. Violation of the no smoking policy will result in forfeiture of the full security deposit and damage liability of up to $2,500 for any discovered damage to furniture or odors.
PARKING: Street parking is not permitted and garage doors must be closed at all times other than loading and unloading, according to neighborhood HOA Rules and Regulations. Violations could result in towing at Guest own expense. HOA violations or fines as a result of street parking after 6pm will be charged from the Guest Security Deposit.
GOOD NEIGHBOR POLICY: You agree to abide by all rules and regulations set forth by local ordinances, which includes a “Good Neighbor Policy”. You are advised to keep in mind that vacation rental properties are located in quiet, private neighborhoods. Please respect our neighbors. Anyone found to be violating noise ordinances of the City or HOA will be subject to an initial $500 fine followed by a possible eviction in egregious circumstances. Guests will not be issues any refund for issues related to noise ordinance violations. Possible violations include, without limitation, sound amplification outdoors, over occupying parking areas, over occupying rental Property, and failing to follow your Agreement with Manager HOA Rules and Regulations allow for 24-hour quiet enjoyment of homeowner’s Property. While strict quiet hours are enforced between 9:00PM-8:00AM and no outdoor music or noise is permitted during those times, noise violations and fines may be cited at any time of day or night. Parking is not permitted on the streets at any time. There are no parties allowed at this Property. This Agreement and Guest’s reservation is subject to the Governing Documents of the HOA and/or City where the Property is located.
PETS: Certain Properties are pet friendly. Please inquire with Manager to confirm if your specific Property allows pets. All guests are required to have written permission from the Manager prior to arrival. Up to two pets are permitted per Property for a fee of $150 per pet. If unauthorized pet(s) is discovered on Premises, Guest will be asked to leave without refund as Guest will be in breach of this Agreement.
MAIL/SHIPPING POLICY: The Wampole Group, Inc. DBA TRAVLR Vacation Homes does not recommend shipping directly to the Property. Manager does not have Property mailbox keys, and there are many different people with access to the Property at various times: vendors, housekeeping, guest services staff, etc. The Wampole Group, Inc. DBA TRAVLR Vacation Homes is not responsible for any lost, damaged or delayed mail or deliveries. Returning late deliveries after a guest has left Property will incur an additional fee, plus cost of shipping.
ITEMS LEFT AT PROPERTY: Manager assumes no responsibility for lost, stolen or other items left at the Property. Reasonable effort will be made to contact the Guest for the return of items. There will be a $25.00 handling charge plus shipping costs for any found items returned at Guest’s request. Manager shall not be held liable for condition of said items. Any items not claimed for longer than 30 days, may be donated or sold.
NO HOLD OVER POLICY: Manager attempts to ensure that all of its properties are fully booked and reserved for the owners of the vacation rental properties. Manager cannot permit Guest to remain on the Property beyond the date and time for checkout that Guest has previously agreed to during your reservation and confirmed by email, Guest has made a prior written agreement. If Guest holds over or remains on the Property beyond the time and date of checkout, Guest agrees and consents to be removed from the Property and will be locked out by Manager, its representatives, and/or law enforcement. Guest further consents to permit Manager to remove personal belongings to a location of Managers choice, where you can retrieve them.
NO REPLACEMENT PROPERTY GUARANTEE: If the Property which is the subject of this agreement becomes unavailable for any reason, a suitable substitute Property shall be found or all monies returned in full to the Guest, with no further liability opposed upon Manager or the Property owner. Manager will not be in breach of the terms of this Agreement if the cancelation by Manager is beyond reasonable control including and without limitation to a change in ownership of the Property, sale of the Property, a damage or malfunction of equipment, disturbances on nearby properties, construction in or adjacent to the Property, labor disputes, governmental regulations or controls, fire or other casualty, holdover tenants from a previous rental, inability to obtain materials or services, technical failure or difficulties, problems or interruptions with the internet or television, computer viruses, acts of god, insurrection, terrorism, or any other cause.
PROPERTY UNAVAILABLE DISCLOSURE: If, after this reservation is completed, and correspondence or discussions with the Guest disclose a change in circumstances involving the reservation of this Property, Manager has a right to refuse a reservation to the Guest if the reservation is not conducive to the welfare of the Property. Such circumstances include but are not limited to an event or party planned during the Guest’s occupancy of the Property, violations of the occupancy limits, rules regarding pets, age limitations or the purpose of the rental. This is not intended to be an all-inclusive list of circumstances which may cause a cancelation of reservation. If the reservation is canceled pursuant to this section, Manager will return all monies deposited to the Guest.
VACATION RENTAL (NOT A LEASE): This is a vacation rental agreement for temporary vacation stay at a managed vacation rental property. THIS AGREEMENT IS NOT A LEASE AND CONVEYS NO RIGHTS IN REAL PROPERTY. By agreeing to the Terms & Conditions, you stipulate and agree that you have not and will not receive a real property interest in or rights to the vacation rental Property.
LIABILITY OF GUEST AND OBLIGATION TO FOLLOW RULES: By agreeing below, you understand that Manager is only responsible for reservations, house cleaning, and check out. Manager reports to Property owners, where said Property owners are responsible for maintaining all aspects of their properties, including without limitation, providing insurance and improvements to the structures and land. By agreeing to these Terms & Conditions, below, you waive, discharge and agree to hold harmless Manager and the real Property owner from all damages or injuries arising from or related to your stay at managed Property, including without limitation, any accidents or injury to yourself, your Guests and associates, and loss of money, jewelry or valuables of any kind. You are responsible for keeping your valuables safe at all times. Guests agree to follow any and all House Rules provided to them by Manager, any and all rules of the Homeowners Association where the Property is located, and any and all City or County ordinances in the area where the Property is located. Guest will be held responsible for violation of any of these rules and hereby agrees to strictly abide by any and all rules thereof. Each Property will be monitored by video electronic surveillance to ensure that the rules are followed. Guests acknowledges that it will be granted access using a digital access code. Guest acknowledges that this Property is under 24-hour surveillance, monitoring and roving security patrols.
ILLEGAL SUBSTANCES AND MINORS IN POSSESSION: No illegal substances are allowed in the Property, and minors should not be in possession of alcohol or illegal substances. Violations will result in eviction from the Property and no refunds will be issued. Primary Guest and Approved Guests shall indemnify and hold harmless Manager and Manager’s shareholders, employees, principals, agents, heirs, successors, assigns and Property homeowner against liability arising from Minors in Possession of alcohol or illegal substances.
GUEST CHECK OUT PROCEDURE
- Check-out time is 11AM: Guest will be charged the late check out fee of $200 from security deposit if late check out has not previously been arranged with your Manager
- In warm weather, leave A/C thermostat at 80 degrees.
- Turn off all lights & appliances (coffee maker, electric tea kettle, etc.)
- Return any moved furniture back to its original spot
- Check all bedrooms and common areas for your personal items
- Take garbage out to the outdoor trash cans
- Pile used towels on the floor in the bathrooms
- Close and lock all windows and doors
- Leave any Garage & Gate openers provided to you in the welcome basket
Excessive cleaning fee of $99.00 may be charged from Guest security deposit if the Check Out Procedures listed above are not followed.
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 Manager and Guest are incorporated in this Agreement, which constitutes the entire contract. It is intended as a final expression of the parties` agreement, and may not be contradicted by evidence of any prior agreement 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, if any, involving this Agreement. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this Agreement. The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach. This Agreement shall be governed and construed in accordance with the laws of the State of California and Riverside County. Riverside County shall have personal jurisdiction over the parties and the county in which the Property is located shall be the forum for any legal action brought in relation to this Agreement.
MISCELLANEOUS: Any and all legal matters arising out of this agreement shall be adjudicated in whichever city and county of the Guests’ Property address. Should any provision contained in any agreement between Manager or Property Owner and Guest be held to be invalid, illegal or enforceable by a court or other judicial tribunal of competent jurisdiction, the remainder of the agreement will be in full force and effect. Guest agrees that any such invalid, illegal or unenforceable provision will be replaced with a valid, legal and enforceable provision that most closely accomplishes the former provision’s economic effect. Guest agrees that facsimile and electronic signatures shall have the same authority as original signatures and this agreement may be signed in any number of counterparts.
SPECIAL EVENTS, MUSIC FESTIVALS AND HOLIDAY BOOKINGS: There is a strict no cancellation policy for all special event, holiday and music festival timeframes. Festivals include but are not limited to Desert Trip, Coachella and Stagecoach music festivals. NO CREDIT WILL BE ISSUED IN THE CASE OF EARLY DEPARTURE OR CANCELLATION FOR ANY FESTIVAL BOOKING.
CANCELATIONS & REFUNDS: ALL PAYMENTS ARE NONREFUNDABLE. If Reservation is cancelled outside 60 days of arrival, any Payments made will be forfeited and Guest is released from financial liability on remaining balance owed. Cancellations with less than 60-day notice will result in 100% loss of all payment less any security deposit or damage waiver. This loss can be avoided if the Trip Insurance was purchased. Credit card charges cannot be disputed. Any conflict or disagreement of these credit card charges related to this reservation shall be resolved through arbitration in Riverside County, California. Reservations made on Homeaway/VRBO and/or affiliated third party booking websites are non-cancellable.
PAYMENTS: ALL PAYMENTS ARE NONREFUNDABLE. If full Payment is not made at the time of booking, the remaining Balance Payment is due 60 Days before Arrival and will be charged automatically to same credit card used, unless communicated otherwise between Guest and Manager. Within 60 Days of Arrival, Total Cost is due to reserve Property. ALL Payments are NONREFUNDABLE. Manager Homes offers CSA Vacation Rental Insurance to avoid this loss.
Guest hereby acknowledges and agrees to follow all house rules, neighborhood rules and city laws and ordinances. By signing below, the renter agrees to all terms and conditions of this Rental Agreement.