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 bookings are subject to review/approval and may be canceled 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. 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.
We require you to confirm your acceptance of terms and acknowledgement of any required disclosures with an Electronic Signature Event. Failure to complete the process will result in our withholding the access information to the home. Access to the home cannot be provided until the Electronic Signature Event is complete. A guest's failure to complete this process will not result in the refund of any payments made under this contract. * Contact us for other methods of acceptance available, a fee may apply.
If your reservation is more than 60 days in the future, we will collect 15% of the total invoice. Reservation deposits, partial or in full are NON-REFUNDABLE after the 48-hour grace period. 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 fund Transfer (EFT), you are authorizing Beach-N-Bay Getaways to charge your credit card/ electronic funds transfer (EFT)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 funds transfer (EFT) 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 CANCELATION OF YOUR RESERVATION AND LOSS OF ANY DEPOSIT PAID PURSUANT TO THIS AGREEMENT'S CANCELATION AND REFUND POLICY
CANCELATION AND REFUND POLICY
If CANCELATION is received 61 days or more from arrival, your reservation deposit is non-refundable.To protect against cancelations caused by certain unforeseen events, such as illness, we recommend that Guests purchase travel insurance. If you have purchased travel insurance and cancel your stay you will need to pursue a claim with the insurer for any compensation of payments made. All claims for compensation under the terms of your insurance are to be between the guest and the insurer.
CANCELATION 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. If your reservation is canceled 60 days or less from arrival and the full payment has not been made, the total deposit will be forfeited because the booking fee, security deposit, damage waiver fee and pre-paid cleaning fee are included in the final balance payment. However, if Guest cancels a fully paid 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 canceled 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 cancelation with no refund due Guest. Refunds of rental payments, if any, whether complete or pro-rata, will be subject to a service fee of 20% for all cancelations made 60 days or less from arrival.
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. 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.
TRAVEL INSURANCE/PROPERTY PROTECTION FEE
Travel Insurance: It is strongly recommended that Guests purchase travel 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 Rental Guardian’s Cancelation Insurance Plan. If you purchase cancelation coverage from Rental Guardian no refunds for rental payments will be provided to guest or to Rental Guardian by Beach-N-Bay in conjunction with a canceled reservation made less than 60 days to arrival. Any and all reimbursement for rental payments will be made only from Rental Guardian and subject to their current contract terms.
Property Protection Fee: This fee covers unintentional damages to the rental unit interior that occur during your stay, provided they are disclosed to management prior to check-out. Beach-N-Bay will pay a maximum benefit of $1,900.00 or $2,500.00 based on the fee charged. Any damages that exceed maximum amount 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, Beach-N-Bay will reimburse the owner the cost of repairs or The actual cash value of the property up to 1,900.00 or $2,500.00. Certain terms and conditions apply. Full details of the coverage can be found under the Property Protection Fee Terms. Property Protection Plan Terms (Click Here)
RESERVATION CHANGE POLICY
Any CHANGES made to an existing reservation are subject to approval by Beach-N-Bay Getaways and may have special cancelation terms and fees.
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 Property Protection Plan or by providing an equivalent cash security deposit. Guest hereby authorizes Beach-N-Bay Getaways to apply any cash security deposit or Property Protection Plan settlement to pay for such items and to charge Guest via credit card or electronic funds transfer (EFT) or by written bill for any costs beyond the amount covered by the security deposit or Property Protection Plan.
For items not covered by the Property Protection Plan, 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/electronic funds transfer (EFT)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.
PLEASE NOTE: We are required to verify the total occupancy of our homes on a rotating basis during your stay to comply with health and safety laws. You are only permitted to have in residence the number of people indicated on your reservation, no exceptions. Every person counts as one (1) regardless of age. Exceeding the number of individuals in a home will be grounds for immediate eviction without refund. This rental is not subject to normal landlord tenant rules regarding eviction and manager entry as it is only offered as a transient rental. This property is not to be used for gatherings, parties, receptions and the number of people on the property at any one time (including visitors) should never exceed the maximum overnight occupancy of the home plus 4 for homes and for our condominiums plus 2. The maximum occupancy number is clearly shown above. Please contact us for cancelation within 48 hours of your reservation for a full refund if you have cannot abide by these rules and the general rules of occupancy detailed on the contract below.
Please review the disclosure regarding Bed Bugs and the precautions you should take.
RULES OF RENTAL OCCUPANCY
The Guest named on this contract must meet minimum age requirements
No Smoking Allowed on Property: All rentals are non-smoking inside and outside. Smoking, vaping, or use of similar products is not permitted anywhere on the property including outdoor areas, porches, balconies and decks. Smoking is not allowed within 20 feet of any door or window opening.
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 daytime 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 and correctly reflected in the reservation confirmation. If the number of Guests in your group changes or is incorrect in the confirmation, this must be communicated to Beach-N-Bay Getaways in advance of your arrival and a reservation confirmation will be reissued with the correct number of Guests. Additional Guests beyond those approved by Beach-N-Bay 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.
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 7pm 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 cancelation and eviction without refund. 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. We do insist that your group follow the rules and are respectful of the property and the neighbors.
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 14 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. Keys and garage remotes missing on departure are subject to a $50.00 service fee to replace these items for the next guest. The actual cost of replacement of these items will also be charged if items have been lost or are never returned to us.
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 the specific pet policy of the rental unit reserved. No other pets are allowed on the premises other than those identified in the contract.
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. Every effort will be made to not disturb your visit in any way. 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. For items left in the units and requested to be returned to the guest, Beach-N-Bay will retrieve items and will be contacted by our mail-back service concerning shipment options and for payment of the actual shipping charges. Additional service charges by Beach-N-Bay may apply.
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 and Jacuzzi covers secured when not in use. Guest and other invitees shall use the pool and Jacuzzi at their own risk.
No Permanent Residence: You agree that your use of the Property is on a temporary and transient basis only; that you may not use the Property as a permanent residence; and that your permanent residence is and will remain elsewhere than at the Property.
Guest agrees that the charging of electric vehicles at the property may be subject to additional charges determined by Beach-N-Bay.
Events and Commercial Photography; Structures; Grills and Firepits: Events and commercial photography or filming are prohibited at the Property without our express written permission. (If approved, additional conditions and fees may apply.) No tents or other structures may be erected on the property without our express written permission. The use of wood or charcoal grills is not permitted. Guests may not bring their own firepits on the property.
Criminal Activity Prohibited: Use of the Property for any criminal activity is prohibited and may result in fines, prosecution, and/or your immediate removal from the Property. This prohibition extends to use of the Property’s internet service, if any, for criminal activity, including but not limited to unlawful downloads of copyrighted material, including movies, music, software, or other material. We may cooperate with any investigation of alleged criminal activity that occurred at the Property during your stay.
Consequences of Breach; Charges for Damage. Any failure by you or any other Occupants to comply with any of the terms, conditions, or policies above is a breach of this Agreement and may result in a forfeiture of your rights to rent the Property, up to and including immediate removal from the Property without refund and with or without the assistance of law enforcement. Beach-N-Bay Getaways may terminate this Agreement for breach, and if you are notified of such termination you agree to leave the Property immediately. In addition, you are responsible for, and you authorize us to bill your credit card on file for the full amount of: (1) any damage or loss that occurs at the Property during your stay; (2) a charge of up to $500 USD for violations of the pet policy, including bringing more pets or different types of pets than specifically authorized; (3) an additional cleaning fee of up to $500 USD (or the actual cost of cleaning services, if greater) for violations of any of the guest policies above or for excessive cleaning required by the acts or omissions of any Occupant during your stay; and (4) 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 believe, for any reason, has enforcement rights.
AS A REMEDY FOR VIOLATION/BREACH 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.
EFFECT OF CANCELATION
If this contract is canceled 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 CANCELATION 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.
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.
Beach-N-Bay may assign this agreement to the property owner or to a subsequent management agent of the owner without permission of the Guest, all the rights and obligations of this contract will remain intact if such assignment takes place. Guest will be notified within 10 days of any assignment.
Beach-N-Bay Getaways acts only as an intermediary for the owners by 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.
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.
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.