Terms and Conditions - Wilson Creek Manor
VACATION RENTAL AGREEMENT
(Intended for occupancy of 30 days or less)
1. ONLINE RESERVATIONS: Reservations made online are not guaranteed until confirmed by Management. Expect confirmation email within 48 hours of online booking. Online rates are subject to change without notice until confirmed with Management.
2. PROPERTY: Occupant rents, for vacation purposes only, the furnished real property and improvements described as: Wilson Creek Manor 35250 Loma Ventosa Lane , situated in the city of Temecula, California , 92591
Check-in is no earlier than 3:00 PM on arrival date. Early check in can be arranged at a fee of 100.00 per hour upon availability. Checkout is NO LATER than 11:00 AM on the departure date. Late checkouts can be arranged at 100.00 per hour with a 48 hour notice and upon availability.
It is VERY important that these times be adhered to. A minimum fine of $100.00 will be charged to Guest for turning away maid service due to failure to vacate Premises up to 1hour after scheduled departure time. If Guest's continue to occupy Premises past 12 noon on scheduled departure date, Guest will be charged for an additional night's stay. If other arrangements have been made than these times shall be modified accordingly.
3. AUTHORIZED USE AND GUESTS: The Premises are for the sole use as a personal vacation residence by Guests. The Occupant is responsible for any guests that use the property during the term of this agreement. Authorized Guests may not exceed the total allowable Guests for Property at any time. The total allowable overnight guests is 26. A fee of $20.00 per guest will be charged if sleeping overnight. No other guests, visitors, or persons are permitted if at max allowable unless discussed and approved by management and appropriate fees have been paid. Parties and/or gatherings of ANY sort are allowed if using Wilson Creek Winery catering and do not exceed 50 guests; the specified guests included within your reservation are the only guests allowed at the property. Any type of gathering such as wedding receptions, or local celebrations, holiday parties, etc. are not allowed without prior permission but are never allowed to have any amplified music outside.
If the Premises are used, in any way, by more or different persons than those identified in this paragraph, (i) Occupant, Authorized Guests and all others may be required to immediately leave the Premises or be removed from the Premises; (ii) Occupant is in breach of this Agreement; and (iii) Occupant forfeits its right to return any monies collected.
4. PAYMENTS: The Premises will not be held for Occupant until: If booked online, outside 60 Days of Arrival: Payment of 50 percent towards total cost has been received and terms have been accepted. 100% of Balance is due and payable 60 Days before Arrival and will be charged automatically to same credit card used, unless communicated otherwise. If booked online, Within 30 Days of Arrival: 100% of Total Cost has been received and terms have been accepted. If booked via Res Form: Res Form has been completed and returned with Payment to Wilson Creek Manor. Once processed and payment verified, the reservation will be confirmed. ALL Payments are NONREFUNDABLE.
5. BALANCE DUE; LATE CHARGE: If Balance Payment is not received by applicable Due Date, WCM may, at WCM's sole discretion, either terminate this Agreement or impose a late charge of $200 or 10% of Unpaid Late Balance, which ever is greater. Reservation Payment will be forfeited if the Agreement is terminated, as it is NONREFUNDABLE.
6. SECURITY DEPOSIT: In lieu of Cash Deposit, WCM requires purchase of Property Damage Insurance.* Occupant hereby grants consent for WCM to charge Credit Card on file $49.00 for up to 1500.00 or 69.00 for up to 3000.00 or 89.00 for up to 5000.00 towards reservation to hold dates and for any damages, missing items, excessive cleaning, exceeding maximum occupancy and, if necessary, cost incurred to remove occupant from property. This is a one time fee and will not be refunded. If you choose to forfeit this charge you can pay a $1200 deposit and will be subject to refund after checkout process.
7. CANCELLATION; REFUND; INSURANCE: WCM Vacation Rental Insurance has been offered 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 no insurance is purchased WCM will make reasonable effort to fill the property if Authorized Guest is forced to cancel Reservation. If able to fill the Reservation through another guest, Authorized Guest will be entitled to full refund less 10% of Reservation Total Cost. If for any reason beyond the control of Management, the Premises become unavailable, Management may substitute a comparable unit or cancel this Agreement and refund in full all payments made by Occupant. Such circumstances include but are not limited to Owner Sale of Property, Construction/Re Model, Double Booking, act of God etc.
8. OCCUPANCY: Authorized Guest is person who will occupy the Premises. Parents may not book Premises for their children. Authorized Guest must be present on Premises for the Time of the reservation, and assumes full responsibility of all guests. No unlawful activity or any other activity that constitutes a nuisance is permitted on Premises. Temecula noise ordinance 847 is strictly enforced. Quiet hours begin at 10 pm daily, seven days a week, and ends at 7 am daily, seven days a week. In addition, any complaints from neighbors due to excessive noise caused by Guest will result in a fine of $500 per complaint, which will be charged to the card on file. Overcrowding or misrepresentation is grounds for immediate revocation of the license to the Property, and removal of Occupants without refund. Authorized Guest takes full responsibility for all lost or broken items, and any damages to the property of any kind.
9. CLEANING: Premises will be delivered to Occupant in a professionally cleaned condition. Upon termination of occupancy, WCM will arrange for cleaning to return property to same condition as before Occupant's arrival, less any normal wear and tear. Occupant is responsible for cost of this cleaning. Cleaning fee is mandatory and nonrefundable. The home will be inspected and thoroughly cleaned following your departure, the cleaning fee you have paid will provide for up to 4 hours of normal cleaning. If the home is left in such a way that additional cleaning time is required, beyond those 4 hours then additional charges will be charged to your credit card on file at the rate of $20/hr., OR the rate required for professional cleaning and/or repair.
10. PETS/ANIMALS: Pets/Animals are not allowed on Premises unless discussed and approved by Management and appropriate fee paid. If an authorized pet/animal is on Premises, Occupant is responsible for all damage caused by the pet. If unauthorized pet/animal is discovered on Premises, Occupant must pay appropriate fee + $500.00 penalty. If Guest refuses to pay fee, Authorized Guests, pet(s) and all others may be required to immediately leave the Premises, or be removed from it as Occupant is in breach of this Agreement.
11. NO SMOKING: No smoking is allowed on the Premises. If smoking does occur on the Premises (i) Occupant is responsible for a fee of 250.00 and all damage caused by the smoking including, but not limited to stains, burns, odors and removal of debris; (ii) Occupant, Authorized Guests, and all others may be required to immediately leave the Premises, or be removed from the Premises; (iii) Occupant is in breach of this Agreement.
12. NSF CHECKS: If a check is returned NSF, Occupant shall pay $50.00 as an NSF fee. Occupant agrees that this charge represents a fair and reasonable estimate of the cost Owner may incur by reason of Occupant's NSF payment. An NSF check will result in cancellation of this agreement if the required payment is not made by the applicable Payment Due Date.
13. CONDITION OF PREMISES: Occupant shall, on arrival, examine the Premises, all furniture, furnishings, appliances, fixtures and landscaping, if any, and shall immediately report, in writing, if any are not in operating condition or are in disrepair. Reporting repairs does not give Occupant the right to cancel this Agreement or receive a refund, of any payments made.
14. RULES; REGULATIONS: NO COMMERCIAL USE. Occupant agrees to comply with any and all rules and regulations that are at any time posted on the Premises or delivered to Occupant. Occupant shall ensure that guests and licensees of Occupant shall not: (i) disturb, annoy, endanger, or interfere with other occupants of the building in which Premises is located or its neighbors (ii) use the Premises for any commercial or unlawful purpose including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband; (iii) violate any law or ordinance; or (iv) commit waste or nuisance on or about the Premises.
15. MAINTENANCE: Occupant shall properly use, operate and safeguard the Premises including, if applicable, any landscaping, furniture, furnishings, appliances and all mechanical, electrical, gas and plumbing fixtures, and keep them clean and sanitary. Occupant shall immediately notify Management of any problem, malfunction or damage. Occupant shall pay for all repairs or replacements caused by Occupant, guests and licensees of Occupant, excluding ordinary wear and tear. Occupant shall pay for all damage to the Premises as a result of failure to report a problem, malfunction or damage in a timely manner. Occupant shall pay for repair of drain blockages or stoppages, unless caused by defective plumbing parts or tree roots invading sewer lines.
16. ALTERATIONS: Occupant shall not make any alterations in or about the Premises including, but not limited to, moving furniture, painting, wallpapering, adding or changing locks, installing antenna or satellite dish(es), placing signs, displays or exhibits, or using screws, fastening devices, large nails or adhesive materials. Occupant shall not alter the Entertainment System in any way. Any unplugging of installed components, plugging in of external components (video game consoles, etc.) or tampering of any kind with installed system will result in additional charge to have professional return to regular functioning status.
17. ENTRY: A. Management and Management 's representatives and agents have the right to enter the Premises, at any time, (i) for the purpose of making necessary or agreed repairs, decorations, alterations, improvements, for maintenance or to supply necessary or agreed services; (ii) to verify that Occupant has complied with the terms of this Agreement; or (iii) in case of emergency. B. Management and Management 's representatives and agents have the right to enter the Premises, upon reasonable notice, to show the Premises to prospective or actual purchasers, occupants, tenants, mortgagees, lenders, appraisers or contractors.
18. NO ASSIGNMENT OR SUBLETTING: Occupant shall not assign any interest in this Agreement or sublet any part of the Premises. If this Agreement is assigned or the Premises or any part thereof is sublet, (i) Occupant, Authorized Guests, assignee(s), sub lessee(s) and all others may be required to immediately leave the Premises, or be removed from it; (ii) Occupant is in breach of this Agreement.
19. UNAVAILABILITY: If for any reason beyond the control of Management, the Premises is unavailable, Management may substitute a comparable unit or cancel this Agreement and refund in full all payments made by Occupant. Such Circumstances include but are not limited to Owner Sale of Property, Construction/Re-Model , Double Booking, etc.
20. OCCUPANT'S OBLIGATIONS UPON TERMINATION OF OCCUPANCY: Upon termination of occupancy, Occupant shall: (i) return all copies of all keys or opening devices to the Premises, including any common areas; (ii) vacate the Premises and surrender it to Management empty of all persons; (iii) vacate any/all parking and/or storage space; and (iv) deliver the Premises to Management in the same condition less ordinary wear and tear as received upon arrival. 21. PERSONAL PROPERTY AND INJURY: A. Owner Insurance: Occupant's or guests' personal property, including vehicles, are not insured by Owner or, if applicable, HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner/Management does not insure against personal injury to Occupant, guests or licensees due to any reason other than the condition of the Premises. B. Occupant Insurance: Management recommends that Occupant carry or obtain insurance to protect Occupant, guests and licensees and their personal property from any loss or damage. C. Indemnity and Hold Harmless: Occupant agrees to indemnify, defend and hold harmless Owner and Management from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage or injury to Occupant, Occupant's guests, invitees or licensees or their personal property.
22. MEDIATION: Occupant 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.
23. MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Landlord nor Brokers, if any, are required to check this website. If Tenant wants further information, Tenant should obtain information directly from this website.)
24. JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Occupant, each one shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually with every other Occupant.
25. TRANSIENT OCCUPANCY and TEMECULA WINE COUNTRY TOURISM MARKETING DISTRICT ASSESSMENT:: Occupant is renting the Premises as a transient lodger for the number of days reserved from Management who retains full legal, possessory and access rights. Any rental for a period of less than one calendar month must be charged a Transient Occupancy Tax of 10% on the rent amount. A 2% tax will be charged as an advertising assessment for Temecula Wine Country.
26. KEYS, LOCKS: Occupant acknowledges that locks to the Premises have not been re keyed. If Occupant re keys existing locks or opening devices, Occupant shall immediately deliver copies of all keys to Management. Occupant shall pay all costs and charges related to loss of any keys or opening devices. Occupant may not remove locks, even if installed by Occupant.
27. Pool is equipped with solar heat panels but additional heat is NOT included. Hot-tub/Jacuzzis are preset not to exceed a heat of 104 degrees. Additional charges of a $1500 per day will be applied to the to heat the pool. Heating of the pool arrangements are to be made in advance. If prior arrangements are not made in advance to heat the pool, heating of the pool may not occur. WCM Management and or home owners are not responsible for ANY injury or damages occurred by you the tenant, your guests, or invitees while using pool, hot tubs or Jacuzzi. You agree you are using them at "your own risk" and NO LIFE GUARD IS ON DUTY by checking the "I accept terms" below.
28. ENTIRE CONTRACT: Time is of the essence. All prior agreements between Owner and Occupant 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. California shall have personal jurisdiction over the parties and the county in which the Premises is located shall be the forum for any legal action brought in relation to this Agreement.
In consideration of the right to visit the home, I hereby release to the fullest extent allowed by law, Owner and its E11113 - Wendy Holder Management, 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 me, my minor children, any guest identified on this form, or any guest or person allowed onto the property during my rental dates as a result of my, my children's or the guest's participation in a visit to the home, due to any cause whatsoever, including without limitation negligence on the part of Owner or Management. I understand that this release will bind my heirs, administrators, executors, and any other person or entity seeking to claim under or through me.