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Beach-N-Bay Getaways Terms and Conditions

ALL RENTALS ARE NON-SMOKING

Early check-in or late check-out times must be approved by Beach-N-Bay

RENTAL CONTRACT ACCEPTANCE

Please note that all online bookings are subject to review/approval and may be cancelled and deposits refunded within 48 hours should your reservation not be accepted. In addition, all units are subject to availability, which may change at any time, and all rates quoted are also subject to change at any time. If this booking was made by telephone, you may, after review of the Terms and Conditions, cancel this contract within 48 hours without any penalty. After 48 hours or your occupancy of the property, these terms and conditions are deemed accepted by renter. Some properties may have additional disclosures and waivers of liability which will be provided to you as part of the email reservation confirmation. These may also be viewed on the specific property page on the Beach-N-Bay Getaways website if applicable. By accepting these Terms and Conditions, you also accept and agree to the additional rider if applicable for the property selected.

PAYMENT TERMS

If your reservation is more than 60 days in the future, we will collect a $500.00 rental deposit and a non-refundable booking fee of $49.00. The balance of your full payment is due 60 days prior to the commencement date of your rental period. By authorizing the rental deposit payment via credit card or Electronic Check (ECHECK), you are authorizing Beach-N-Bay Getaways to charge your credit card/ Electronic Check (ECHECK) the balance of the total charges on the balance due date. If a balance payment is charged a confirmation notice will be sent to you via email to confirm receipt of payment.

If you book your rental less than 60 days in advance of your stay, we will charge your full payment immediately by credit card/ Electronic Check (ECHECK) or you must otherwise arrange for immediate payment or your reservation will not be accepted.

FAILURE TO MAKE FINAL PAYMENT ON A TIMELY BASIS WILL RESULT IN THE AUTOMATIC CANCELLATION OF YOUR RESERVATION AND LOSS OF ANY DEPOSIT PAID PURSUANT TO THIS AGREEMENT'S CANCELLATION AND REFUND POLICY

CANCELLATION AND REFUND POLICY

If CANCELLATION is received 61 days or more from arrival, Beach-N-Bay Getaways will refund all deposits received minus a $50.00 cancellation fee. The $49.00 booking fee charged with your booking is also non-refundable.
CANCELLATION 60 days or less from arrival, which includes a Guest's decision not to stay at a rental upon arrival, results in forfeiture of any and all collected money, except the Guest's damage deposit and cleaning fee if full payment has been made. If your reservation is cancelled 60 days or less from arrival and the full payment has not been made, the total deposit will be forfeited because the security deposit and pre-paid cleaning fee are included in the final balance payment. However, if Guest cancels a reservation for any reason and a portion of the reserved period is re-booked at the same rate, a pro-rata refund will be made for those dates re-booked. Beach-N-Bay may offer the cancelled days to the public at a reduced rate. Refunds will be based only on the days rented and the actual amount collected from the replacement Guest on a per diem basis. Owner may make use of the home in the event of a cancellation with no refund due Guest. All refunds of rental and services payments whether complete or pro-rata will be subject to a $50.00 cancellation fee and $49 booking fee.

If the rental unit becomes unfit for habitation as deemed by Owner and/or Beach-N-Bay Getaways, your payments are 100% refundable for any unused time at the home. Under no circumstances shall Guest be able to determine if a rental unit is unfit for habitation. To protect against cancellations caused by certain unforeseen events, such as illness, we recommend that Guests purchase travel insurance to assure refund of deposits paid. Beach-N-Bay Getaways may cancel this contract for convenience with 60 days’ notice and issue a full refund of all payments and deposits collected.

RESERVATION CHANGE POLICY

Any CHANGES made to an existing reservation 61 days or more from arrival will be made by Beach-N-Bay Getaways at no charge. Changes made to reservations 60 days or less from arrival are subject to approval by Beach-N-Bay Getaways and may have special cancellation terms.

INSURANCE

It is strongly recommended that Guests purchase travel insurance and damage insurance. You are a valued Guest and we want to do everything possible to make your trip enjoyable and worry free. Because the unforeseen and unexpected can occur before you leave or when you are away from home, we recommend CSA's Guest Cancellation Insurance Plan and CSA’s Security Deposit Protection plan.

Vacation Rental Damage Protection: This Vacation Rental Damage plan covers unintentional damages to the rental unit interior that occur during your stay, provided they are disclosed to management prior to check-out. The policy will pay a maximum benefit of $3,000.00. Any damages that exceed $3,000.00 will be charged to the credit card on file. If you damage the real or personal property assigned to your rental accommodation during the trip, the Insurer will reimburse the lesser of the cost of repairs or The Actual Cash Value of the property, up to $3,000.00. Certain terms and conditions apply.  Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy (www.vacationrentalinsurance.com/G10VRD).

The Vacation Rental Damage can be purchased up to, and including at, check-in. By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to pay directly to Beach-N-Bay Getaways any amount payable under the terms and conditions of the Vacation Rental Damage.  Please contact Beach-N-Bay Getaways directly if you do not wish to participate in this plan or assignment.

GENERAL TERMS, CONDITIONS AND DISCLOSURES

Beach-N-Bay Getaways requires that the Guest provide security against damage to and/or loss of items of the rental unit by either purchasing the CSA Security Deposit Insurance Plan or by providing a cash security deposit. Guest hereby authorizes Beach-N-Bay Getaways to apply any Cash Security Deposit or insurance payment to pay for such items and to charge Guest via credit card/E-Check or by written bill for any costs beyond the amount covered by the security deposit or damage insurance.

For items not covered by the damage insurance policy, such as long distance phone calls billed to the house phone or excessive cleaning as identified by housekeeper after your departure (excessive trash disposal, excessive cleaning, upholstery or carpet cleaning required), Guest authorizes Beach-N-Bay Getaways to apply any Cash Security Deposit to these charges and to charge Guest via credit card/E-Check or by written bill for any charges not covered by the security deposit. Please Note: Any private phones in a rental unit are for your convenience. Please charge all long distance calls to a credit card or third party.

If there are no damages, losses, or additional charges due to conditions stated above, any cash security deposit will be returned within 14 days after your departure.

ALL RATES are quoted on a per night basis for no more Guests than the maximum occupancy listed. Additional Guests in excess of the number disclosed when making a reservation must be disclosed to and agreed to IN WRITING by Beach-N-Bay Getaways. Verbal confirmation by Beach-N-Bay Getaways will not be given for additional Guests.

Exceptions to CHECK-IN and CHECK-OUT times must be approved in writing by Beach-N-Bay Getaways. In the event of holdover by Guest beyond the departure date set forth in this Agreement, Guest shall pay an amount equal to three (3) times the daily rate for each and every day of such holdover. UNAPPROVED LATE CHECKOUTS OF LESS THAN ONE DAY WILL BE CHARGED THE EQUIVALENT OF ONE FULL DAY’S RENT.

Guest understands that the owners of these rentals retain the right to sell their rental at any time. In the event the vacation accommodation is sold by the owner, Beach-N-Bay Getaways 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 Beach-N-Bay Getaways is unable to find such accommodations, then, at Beach-N-Bay Getaways or Guest's option, this Agreement shall be cancelled and terminated and Beach-N-Bay Getaways shall refund to Guest all payments made by Guest under this Agreement, and Beach-N-Bay Getaways 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.

Guest acknowledges that the rental owner and/or their agent retain the right to enter the rental for any reason, including showing the property to a prospective buyer. Guest agrees and acknowledges that this rental arrangement is not subject to the residential landlord/tenant code of the state in which this rental is occurring since this is not a long term residential rental.

LEGAL REMEDIES

SMALL CLAIMS COURT: Beach-N-Bay and Guest agree to the use of Small Claims Court as a primary solution to any dispute or claim arising between them out of this agreement, or any resulting transaction, before resorting to mediation if within the scope of the court. Small claims court fees, if any, shall be paid by the losing party. The forum for small claims court shall be solely and exclusively a court located in San Luis Obispo County, CA.

MEDIATION: Beach-N-Bay and Guest agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration if the scope of the disagreement is outside the legal scope of small claims court. Mediation fees, if any, shall be paid by the losing party.

ARBITRATION OF DISPUTES: (1) Beach-N-Bay and Guest agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or any attorney with at least 5 years of residential real estate law experience, unless the parties mutually agree to a different arbitrator, who shall render an award in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure 1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 0 of Part III of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Interpretation of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Arbitration fees, if any, shall be paid by the losing party.

FORUM: For any dispute arising from this contractual relationship, if it is deemed that it cannot be adjudicated by Small Claims court, Mediation or Binding Arbitration as stipulated in this agreement, shall be governed by California law and shall be decided solely and exclusively by County, State or Federal Courts located in San Luis Obispo County, California. In the event the proper or selected court is not located in San Luis Obispo County, California the closest geographic location to San Luis Obispo County, California in California shall be used. Any party who unsuccessfully challenges the enforceability of this forum selection clause shall reimburse the prevailing party for its attorney’s fees, and the party prevailing in any such dispute shall be awarded its attorneys’ fees.

 

EFFECT OF CANCELLATION

If this contract is cancelled for any reason, Guest no longer reserves the right to stay at the booked accommodation. However, this contract remains a legally binding contract and Guest agrees the CANCELLATION AND REFUND POLICY and applicable sections of the GENERAL TERMS, CONDITIONS AND DISCLOSURES and CONDITIONS OF RENTAL, and the ADDITIONAL DISCLOSURES section remain in full force and affect.
Severability: If a court of competent jurisdiction finds any provision of this Agreement to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Agreement. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Agreement shall not affect the legality, validity or enforceability of any other provision of this Agreement.

RULES OF RENTAL OCCUPANCY

Non Smoking Properties: All rentals are non-smoking inside and outside. Smoking is not allowed within 20 feet away from any door or window opening. If there is any evidence of smoking, you are responsible for the additional expenses for the remediation of all smoke odors and damage of the property with a minimum charge of $250.00. 

Reservations are for quiet residential vacation accommodations only. Therefore, parties, receptions, events, and gatherings of any kind are strictly prohibited. No additional people beyond the maximum occupancy of the house are allowed on the rental property at any one time, unless disclosed to and agreed upon by Beach-N-Bay Getaways in writing.

The number of adults and children staying at the rental must be disclosed by Guest when making the reservation. If the number of Guests in your group changes, this must be communicated in writing to Beach-N-Bay Getaways. Additional Guests beyond those identified at the time of booking are not permitted and will result in an additional fee of $100 per person/per night. Beach-N-Bay Getaways does not verbally confirm additional Guests. Additional Guests must be approved by Beach-N-Bay Getaways in writing.

Guest's reservation is accepted for one family or group of individuals for this accommodation only and, unless disclosed to and agreed upon by Beach-N-Bay Getaways will not be used in combination with other accommodations.

Quiet hours are from 8pm until 8am. Guest's use of the rental 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 Beach-N-Bay Getaways as a breach of this Agreement and may lead to cancellation and eviction without refund.

The premises shall be in the same condition upon departure as at check-in, normal wear and tear excepted. Excessive cleaning, carpet staining, excessive trash or other guest created exception items will incur extra cleaning or restoration costs. Beach-N-Bay will make a full accounting of any additional charges and Guest approves these additional charges to be posted to the credit card or checking account number supplied in conjunction with this reservation. Guest agrees and allows Beach-N-Bay up 7 days to evaluate, present an accounting, and process a charge to the credit card or checking account on file for any additional costs incurred by or estimated to Beach-N-Bay for the restoration of the premises to the pre rental condition.

Guest may not sublet or assign this Agreement.

The Guest named in this agreement represents that they will be physically present for the term of the rental and are not renting the premises for another individual or group.

Guest may cook only in areas specifically designated for cooking in the rental.

Guest must immediately notify Beach-N-Bay Getaways of any fire or other damage or injury to the rental or any person on the rental property.

Guest shall be liable for all acts of the family, invitees, employees, or other persons invited onto the rental property by Guest.

Guest shall be responsible to return all keys and gate or garage door openers upon departure. Lost keys or openers will be charged to the guest, usually $25 per door key and $50 per garage door opener.

Guest shall abide by the House Rules of the Owner and/or the Condominium Association as provided to Guest upon check-in.

Guest shall not have any pets on the premises or in the rental unit unless authorized by Beach-N-Bay Getaways and stipulated in the rental contract. The type and number of pets shall be specifically identified and authorized by Beach-N-Bay Getaways. Guest agrees to follow specific pet policy of the rental unit reserved. No other pets are allowed on the premises other than those identified in the contract.  If pets are found in any home that does not allow pets, you are responsible for the additional expenses required to remove all evidence of the pet and any damage caused by the pet with a minimum charge of $250.00. 

This accommodation is offered only as a short term rental and the full maintenance and care is the responsibility of the property manager. By acceptance of this contract you agree to grant access to the home or condo to Beach-N-Bay Getaways, or its agents and contractors between the hours of 8 AM and 7 PM, 7 days a week for needed maintenance and repair. If during the term of your rental we should receive complaints from the neighbors or the local authorities concerning behavior, the presence of guests exceeding the maximum number or cars parked outside the limits of the property or any infraction of our terms and conditions we may personally observe we reserve the right and by acceptance of this contract you grant our request to inspect the home while you are in occupancy. Every effort will be made to not disturb your visit in any way. We do insist that your group follow the rules and are respectful of the property and the neighbors. Entry is permitted at any time by Beach-N-Bay or its agents and contractors without notice to the guest in occupancy in their absence.

Guest understands that Beach-N-Bay Getaways cannot guarantee that adjacent properties will be free from disturbances and/or not be under construction, being repaired or maintained in any way, or that State construction projects will not be in progress around the rental unit. Construction on adjacent properties or construction conducted by the State is not reason for termination of this agreement, nor is it a reason for the refund of any monies to Guest.

Lost or Stolen Items: Beach-N-Bay Getaways is not responsible for any personal items which may be lost or stolen from your rental. Always lock all of the doors and windows when you leave the property (even if you are not on the ground floor). Do not leave your valuables in plain sight.

Any issues Guest has with the rental must be reported immediately to Beach-N-Bay Getaways via the phone number listed in the rental unit's directions and entry instructions. Owner and Beach-N-Bay Getaways have a reasonable amount of time to restore rental to acceptable conditions. Any issues presented after check out cannot be remedied and are not cause for compensation to Guest.

Guest shall not permit any use of a pool or Jacuzzi by unsupervised children or other persons not included in the reservation and shall keep pool gates closed at all times. Guest and other invitees shall use the pool and Jacuzzi at their own risk.

AS A REMEDY FOR VIOLATION OF ANY OF THE STATED RULES OF RENTAL OCCUPANCY IN THIS AGREEMENT, BEACH-N-BAY GETAWAYS HAS THE RIGHT, BUT IS NOT LIMITED OR REQUIRED TO, TERMINATE THIS AGREEMENT AND EVICT THE GUEST FROM THE RENTAL WITHOUT ANY REFUND OF COLLECTED MONEY AND MAY KEEP ALL OR ANY PORTION OF THE SECURITY DEPOSIT.

ADDITIONAL DISCLOSURES

Beach-N-Bay Getaways acts only as an intermediary for the owners providing accommodations, and services to Guest. Under no circumstances shall Beach-N-Bay Getaways, managing agents, owners of rental, and/or their respective employees be responsible for any loss, expense, damages, claims or injury direct, indirect, consequential or otherwise whatsoever, caused or incurred whether arising in contract, or otherwise in law or equity as a result of rendering of the services or accommodations as described in this Agreement or as a result of any delay(s), substitution(s), rescheduling(s) or change(s) in the services or accommodations arranged by Beach-N-Bay Getaways. Additionally, Beach-N-Bay Getaways, managing agents, rental owners, and/or their respective employees shall not be responsible for any loss, expense, damages, claims or injury direct, indirect, consequential or otherwise caused by reason of military actions, acts of God, or by any agents, employees, subcontractors, servants or services as provided or substituted. Beach-N-Bay Getaways at all times will act in good faith and use its best efforts when required under this Agreement to substitute with accommodations or services of a type comparable to those contracted. Beach-N-Bay Getaways reserves the right to refuse or discontinue service to any person(s) and/or to rescind any contract for accommodations or Guest services and Beach-N-Bay Getaways will not be liable under any circumstances, including substitutions, to refund any unused portion of booked accommodations or services. Beach-N-Bay Getaways, managing agents, rental owners, and/or their respective employees are not responsible for theft or damage of personal property and no refunds will be given for any such occurrences. Guest and all occupants have been advised not to leave personal articles in locked vehicles, even if in the trunk; to always lock their vehicle; to always secure the rental. If renting bicycles or any vehicles, Guests are strongly encouraged to arrange for additional insurance, which provides adequate protection in the event of damage or theft arising out of such activities.

Certain websites allow reviews that are unchecked with regard to reasonable sentiment. Renter agrees that even minor unreasonable negative sentiment can unjustly cause damages to owner’s future business. Therefore, Renter accepts and is hereby notified that homeowner and Beach-N-Bay Getaways do not participate in reviews from websites that are not owned or controlled by homeowner or Beach-N-Bay Getaways and the business transaction between all parties should remain private. This Paragraph is a material provision of this agreement. All communications related to this transaction shall remain private. Specifically, renter and invited guests agree not to criticize, make any statement which disparages or post any review on any website unless requested in writing by the homeowner or Beach-N-Bay Getaways. If any review is posted by Renter or invitee thereof, and found to contain unreasonable negative sentiment in the sole opinion of the homeowner or Beach-N Bay Getaways and is not removed within 72 hours (the Review) of notice by owner or Beach-N-Bay Getaways to renter, renter agrees that a copy of this rental agreement shall serve as renter’s full authorization to request and oblige the third party or website displaying the Review to remove it promptly upon request by homeowner or Beach-N-Bay Getaways. Failure or inability to remove the Review will be considered a breach of this Agreement, and homeowner or Beach-N-Bay Getaways will consider this act to have irreparably harmed by loss of business and goodwill due to violation of this provision. In this event, homeowner or Beach-N-Bay Getaways will seek damages of up to $10,000.00 from renter and renter agrees to pay all such damages requested by owner or Beach-N-Bay Getaways upon written demand. Enforcement of this provision shall be under the legal remedies section of this rental contract as the sole and absolute remedy for any disagreement between the parties.

Guest acknowledges that, if all rental monies have been paid, the maximum recourse the Guest has against Beach-N-Bay Getaways for any alleged breach of this Agreement is the amount of the rental paid or to be paid to Beach-N-Bay Getaways arising out of this Agreement.

DISCLAIMER

The above rental information, while deemed reliable, is not guaranteed. Changes in bedding, furnishings, inventory, amenities, and or decor occur from time to time and such changes will not void or alter the terms of the rental and is not a valid reason for cancellation.

REV 7/14