Terms and ConditionsThe agreement is between the tenant(s) and owners/property manager concerning its short term rental.
Terms of the Agreement:
By proceeding with the reservation on the Airbnb booking tool, I/we agree to abide by the below conditions.
VACATION RENTAL HOME CONTRACT (You’ve agreed to the following contract during your booking. You are responsible to read and understand as you’ve accepted. Please let us know if you have any questions.)
Owner/Manager: Laura Christine 415-895-CASA (2272) / 310-658-8831 text/call (text is the fastest contact method)
Home Coordinators: 415-895-CASA (2272)
Jay - 415-895-2272 (text is the fastest contact method)
Mark - 415-895-2272 (text is the fastest contact method)
Francis - 415-895-2272 (text is the fastest contact method)
PLEASE READ THOROUGHLY TENANT IS RESPONSIBLE FOR CONDUCT OF ALL OCCUPANTS AND GUESTS. THE MAXIMUM NUMBER OF PEOPLE THAT MAY BE IN THE HOUSE DAY AND NIGHT IS YOUR GUEST COUNT IN YOUR RESERVATION ONLY. IF YOU WANT TO INCREASE YOUR GUEST COUNT YOU MUST GET APPROVAL AND PAY(NO EXCEPTIONS). RESERVATIONS ARE NOT VALID UNTIL AFTER APPROVED BY MANAGEMENT AND FULL PAYMENT IS RECEIVED FROM TENANT, AIRBNB, VRBO, FLIPKEY OR ANY OTHER BOOKING ENGINE. Excessive noise, house parties, or violations of any of the terms of this agreement will be grounds for imposition of a minimum $500.00 fine and/or immediate termination of occupancy. Homeowners Association imposes a $500 fine if I get ONE call or text from the neighbors. If the police are called by the neighbors the Homeowner’s Association fines you $1000 and you may also be cited by the police an additional $1000. Tenant/Guest agrees to closely read and abide by the Terms of the Agreement and assumes the responsibility to ensure their guests and any visitors abide as well. As consideration for the booking and use of Vacation Rental Property during the lease term, Tenant agrees to pay Laura Christine or Manager for all items specified.
1. RESPONSIBLE PARTY: Laura Christine or Manager and Tenant agree as follows: Tenant is an adult at least 25 years of age (Valid government I.D. must be presented upon booking) and will be an occupant of Property during the entire reserved period, unless other arrangements are approved in writing by Laura Christine or Manager. Tenant assumes responsibility for all actions of other occupants and guests. No keys or entry code will be issued to anyone who is not an adult 25 years of age. Persons not falling within the foregoing categories will be required to vacate the property immediately without any refund. Any reservation found to be obtained under false pretense (i.e. not limited to: wrong headcount, pets, age of occupants, planned parties) will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check in or if already checked in their stay will be terminated immediately. Tenant agrees to comply with all house tips, posted condominium or homeowner rules and regulations applicable to use of the Unit and the common areas.
2. CANCELLATION: We do not allow cancellations at anytime.
3. TERMINATION: If Guest or any member of Guest's party or visitors violate the terms of this Agreement, Laura Christine or Manager may terminate this Vacation Rental Agreement with no refunds of rent and security deposit. Laura Christine or Manager has the right to inspect the premises without prior notice at any time to enforce the terms of this agreement. Should the Tenant or their guests use the unit for parties, gatherings and/or any illegal or unlawful purpose including, but not limited to the possession, serving, or consumption of alcoholic beverages by persons less than 21 years of age, house parties or keg parties, beer pong, or use of common areas in a manner contrary to the provisions of this agreement, or the rules of the homeowners association, the rental period shall be terminated immediately with no refunds. The Tenant shall waive all rights to due process for failure to vacate the premises upon termination of the rental period. Laura Christine or Manager or its agent may enter the premises and remove Tenant, the members of Tenant's party, and their belongings. Tenant is notified that all individuals occupying the Unit will be subject to immediate eviction procedures under State law. IF LAW ENFORCEMENT IS DISPATCHED TO PROPERTY DUE TO ANY ILLEGAL ACTIVITY OR DISTURBANCES EMANATING FROM THE PREMISES OR GROUNDS, THERE WILL BE A MINIMUM $1000 CHARGE FROM THE DEPOSIT, AND SUCH AN OCCURRENCE WILL BE CONSIDERED GROUNDS FOR IMMEDIATE EVICTION.
4. PAYMENT: A reservation is not considered booked until full payment is received from the tenant or booking service. Some sites require full payment to book. If booking directly (NOT via a website): Full 3 payment is required to secure your dates. If Tenant's credit card is declined, the reservation is not valid. If rent payment is not received within the dates specified, it may result in the cancellation of the reservation and no refund of rent or security deposit payments. Accepted forms of payment are credit card, traveler's checks, bank money orders, cashier's checks or personal checks. If paying by check and check is returned for NSF, there is a $150 service charge per occurrence. Keys or entry code will not be issued and the reservation shall not be secure until Laura Christine or Manager is in possession of, and approved a signed rental agreement and the final payment has posted to Laura Christine or Manager's Client Trust Account. Should Tenant fail to make Final Payment in full by the due date, Laura Christine or Manager may in its sole discretion deem the reservation null and void, or charge the Final Payment to Tenants credit card. Rates are subject to change prior to receipt of signed agreement, rent and Deposit. If a discrepancy arises between information or rates quoted verbally, on the website, email or otherwise, the highest rate will prevail. In the event incorrect information or rates are quoted due to a typographical or other error, Laura Christine or Manager shall have the right to refuse, cancel or limit any reservations listed incorrectly, whether or not an order confirmation has been sent and/or payment has been made.
5. SECURITY DEPOSIT PROTECTION: Tenant is required to give a $1000 refundable deposit or 10% of rent whichever is higher. In addition, websites offered the Security Deposit Protection Plan through CSA Travel Protection within coverage for $49.00-$89.00. This Protection plan covers unintentional damages that occur during your stay provided they are disclosed to management prior to checkout. The policy will pay for damages up to a maximum benefit of $3,000.00 $5,000 depending on the coverage you select over the allotted Security Deposit. Any damages that exceed $3,000.00 will be charged to Tenant. If, during your stay at one of our Rental Properties, an Insured Person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, and the total cost of damage is not covered by the Security Deposit, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of $3,000.00. Certain terms and conditions apply. Full details of the SDP coverage are contained in the Certificate of Insurance or Insurance Policy. The SDP can be purchased up to one day before check in. By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to pay directly Laura Christine or La Jolla Vacation Rental LLC Vacation Homes any amount payable under the terms and conditions of the Security Deposit Protection. Please contact Laura Christine or La Jolla Vacation Rental LLC Vacation Homes directly if you do not wish to participate in this plan or assignment to make alternative arrangements. If damage is found to be caused by negligence, reimbursement will not be covered by the SDP and will be deducted from the Tenant's credit card if not booked via an engine or their security deposit. Should Laura Christine or Manager be unable to recover costs from the credit card on file or the deposit, Tenant is responsible to provide an alternative method of reimbursement within 48 hours of notification. SDP does not cover damage of allergy/flea remediation from pets. We require a refundable security deposit along with SDP. Guest must inspect the home immediately entering the residence and report any and all damages or broken items immediately. If you fail to report the broken item immediately after checking in (4 pm) it 4 is assumed everything is in working order and you will be responsible for all broken or damaged items.
6. RESERVATION TRANSFERS: Should the Tenant need to transfer the contract reservation to a substitute Tenant, new tenant must be approved by Laura Christine or Manager and agree to all terms and conditions. No transfers. A $500 transfer processing fee shall be applied to the reservation.
7. CHECK IN: Check in time is 4:00 PM or later. Early check in is allowed only with prior written approval and fee to hire additional housekeeper to get the place ready. Keys or entry code will be provided once all fees and charges have been collected. If for some reason, the home is not ready for checkin you will be notified. Please do not attempt to check in or visit the home prior to notification that the home has been cleared for check in. Please notify Laura Christine or Manager upon arrival so we may ensure the Property is to your satisfaction. No credits or refund for home that are not able to be cleaned by check in time.
8. CHECK OUT: Check out time is 10:00 AM. There is no holding over. PRIOR WRITTEN APPROVAL IS REQUIRED from Laura Christine or Manager for late checkout. Cleaning and maintenance are pre scheduled, so adhering to the CheckOut Time is very important. A $75 + tax fee will be charged until 11:30am then $25 + tax for every hour after past the required check out time and Tenant will be liable for any additional damages incurred, but not limited to the cost of supplying alternative accommodations for arriving guests.
9. CHECK OUT / CLEANING PROCEDURES: Each property will be inspected, sanitized and cleaned prior to your arrival and after your departure. Tenant should leave the property in the same general condition at Check In meaning: a) Any debris, rubbish and discards removed from the home. (Trash cans on the side of house. Trash day in Monday am.) b) Dishes and cooking messes cleaned up. (Start dishwasher if you have enough for one load or soak them in the sink if you don’t have enough for a full load.) c) Put back any furniture or items that have been rearranged (inside and outside home please lift furniture to avoid scratches). d) All remote controls left in the rooms with the TV's in plain sight. e) Refrigerator and unit should be left clean and free of perishable food. (Feel free to leave unopened items for the next guest or housekeeper.) f) Any toys, bikes, lounge chairs equipment, etc. cleaned and put back in place. g) BBQ cleaned with brush. h) Turnoff lights, heater, air conditioner, fans, appliances, etc. (Leave both bathroom fans on to eliminate moisture.) i) All doors and windows closed and locked. j) Leave keys (lock box), garage openers (garage wall), parking passes (if applicable) on the kitchen counter. k) If unit has a lockbox, return keys to the lockbox. Check out time is 10 am. Thank you for getting things started for the next group. If the below is not done and impacts a later check in time of the next guest or we need to hire additional help to complete the checkout instructions you will be charged for expense. Starting the dishwasher (if there are enough dishes for a full load otherwise just soak the dishes in the sink with warm water and soap). Replacing moved furniture inside and out - please pick up as not to scratch the floor. ALL furniture must be put back to the same condition it was when you arrived. Taking out the trash: Please ensure trash is secure in tied bags and stuffed in the trash cans with lids completely closed to avoid rodents and flies. Lids do need to be all the way closed or they will not pick up until next week! Let me know if you have more than a standard cleaning (party) or are unable check out in time immediately as I will need to hire an additional housekeepers. The cleaning fee is for a STANDARD cleaning only. If the home was left in poor condition and additional cleaning is required, fees will be charged to Tenant’s credit card on file or from deposit or tenant must pay at the rate of $250 per person from 10-4 pm or the exact cost of the cleaning. A $50 per item fee will be charged for each lost key, and $150 for each garage door opener and remote control that is damaged or not left at the Property upon check out. If we have to change the locks, these fees will apply plus $300. 6 Any signs of parties or smoking inside and out will be charged for additional cleaning.
10. OCCUPANCY: Tenant understands and agrees that Property shall be occupied by no more than the number of individuals (including children and infants) indicated on your reservation/this agreement. A charge of $100 per day per person may be imposed for excess occupancy. All day/evening guests must vacate the premises by 8:00 p.m. Should Tenant wish to entertain or have more than 4 guests Tenant must obtain approval by Laura Christine or Manager in writing. Tenants request must be received and approved by Laura Christine or Manager no less than five (5) days prior to the day of the event. Event fees may apply.
11. AMENITIES: The property is fully furnished and includes bedspreads, linens, blankets, pillows, towels, as well as an equipped kitchen. Furnishings and amenities may or may not be the exact same as represented due to replacement, substitution or other reasons. Manager provides a starter kit which includes toiletry items, soaps, dish detergent, laundry soap, shampoo, toilet paper, paper towels, and other disposable items. Since a limited supply of consumables is provided, Tenant should plan to shop to replenish these items if necessary. Laura Christine or Manager assumes no responsibility for the quality or contents of any food products left on the premises and Tenant's use and/or consumption of same is not recommended and shall be at Tenant's/Guest's own risk(s). Towels (except beach towels, if provided) and linens are not to be taken from the units. We charge a breakage free to cover minor breakage under the fee amount so we are able to return your deposit. Breakage fee does NOT cover items or damage over $25. If the heater, air conditioning, pool heater, lights, fireplaces or any utilities are left on we need to charge you for the waste of utilities, minimum $100 as this will help keep costs down and rents not to increase. Please report any leaks and conserve water as we are in the worst drought ever. Leaks or running toilets not reported will be charged.
12. TELEPHONES: No telephone is provided. If a telephone is provided, Tenant agrees to not make long distance telephone calls. Tenant agrees to pay for any long distance or collect calls, and Laura Christine or Manager has the right to charge Tenant's credit card. Emergency medical, fire and police service can be called by dialing 911. Many Units are not equipped with telephones, and some Units are located in areas with poor cell phone coverage. Please verify with Laura Christine or Manager if a land line is necessary or you are concerned with cell phone signal strength.
13. DISTURBANCES: Tenant and their guests shall behave in a civilized manner and shall be good neighbors respecting the rights of the surrounding property owners and shall not create noise or disturbances that interfere with the quiet enjoyment of their property. Creating a disturbance of the above nature shall be grounds for $500 Association fines for each occurrence and/or immediate termination of this agreement, forfeiture of rent and deposits and Tenants shall then be required to immediately vacate the premises. Quiet hour starts at 8 PM and pool (if applicable) and outdoor noise should be kept to a minimum regardless of the hour and in compliance with the local Noise Ordinance. 7 CITY OF San Diego and Los Angeles ORDINANCES & HOMEOWNER ASSOCIATION RULES We would love for you to enjoy your vacation with your family and friends! Let me know if you have any questions DAY or NIGHT via text as we want you to have a fabulous time in San Diego and Los Angeles. I want you to have a great experience, be safe and save your money. I'm sure you're going to respect the neighborhood and the neighbors but wanted to give you the heads up on the below as they are strict....(I wish I didn't have to send this note.) New City of San Diego and Los Angeles Ordinances & Homeowner's Association Rules: If the City of San Diego and Los Angeles police come to the house or calls me due to a neighbor's complaint we both may be fined $1000 each for the noise. So you may be fined $1000 and will lose your entire deposit. (As stated in contract) The City's Noise Ordinance (San Diego Municipal Code, Section 59.5.01): Noise Abatement. Because excessive noise can be harmful to the health and welfare of citizens, the City of San Diego prohibits excessive and annoying noise within City limits. The City's Noise Ordinance (San Diego Municipal Code, Section 59.5.01) defines noise and regulates it by type, land use zone, and time of day. Violations of the noise ordinance could result in an administrative citation with fines up to $1,000. I've given my phone number to all the neighbors to call me first so that I can mitigate any damages by giving you a call and text to quiet down. I'm part of a homeowners association so I/you will be fined $500 from the HOA for noise, parties or smoking. No warnings. (As stated in contract) Thank you in advance for understanding the laws and rules. Due to the City of San Diego and Los Angeles Occupancy rules to restrict parties and overcrowding, the maximum number of people to enjoy the home is your reservation guest count. If your reservation states 6 guests, the maximum number of people in the home/neighborhood is 6 guests. If you plan to have a mellow gathering please let me know right away so I may add that to the reservation and the City may collect their occupancy tax. If the homeowner's association contacts me with a guest count larger than what is stated on the contract/reservation you will be charged for those guests or the maximum guest count for your entire stay. (as stated in the contract). Thanks for understanding. Also it is highly advise to take taxi and/or Ubers or Lifts instead of driving if you plan to drink. They do you set checkpoints in Pacific Beach and downtown and there's only two ways out. And you will save on parking going down own so taxi pretty much pays for itself. Again I want you have a great time, be safe and not have to pay any additional money. Enjoy San Diego and Los Angeles! Stay Classy!
14. TENANT'S NOTIFICATION RESPONSIBILITIES: Tenant shall text Laura Christine 3106588831 / The Co-Host Team 415 895 2272 (CASA) upon arrival to property to confirm arrival and that they check in and inspected the place. Upon arrival, Tenant agrees to examine the Unit, all furniture, furnishings, appliances, fixtures and landscaping, if any, and shall immediately report to Laura Christine or Manager if any are not in operating condition or in disrepair. Tenant also agrees to immediately notify Laura Christine or Manager of any occurrences that may cause damage to Property or adjacent units and to take reasonable measures to mitigate damage, and be responsible for damages for failure to do so. Tenant acknowledges that unless Laura Christine or Manager is notified within one hour of the day of checkin of any damage or cleaning concerns, Tenant will be liable. Any and all damages, breakage, lost or missing items on the Property during the occupancy will be Tenant's responsibility and must be reported to Laura Christine or Manager and paid prior to departure. Please let me know immediately if anything is not cleaned or broken as we will have it cleaned and fixed right away. If we do not hear from you, the house is in good order as we have cleaned it, inspected and showed you during your optional walkthrough and inspection.
15. MULTIPLE HOME RENTALS: Should Tenant or acquaintance of Tenant rent another house in proximity to Unit, no items shall be moved from house to house. Guests moving between the premises will refrain from loud noise and boisterous behavior. Guests from two or more rentals will not spend the bulk of their rental time at a house other than the house in which they are sleeping (violation of the occupancy rules). Having too many guests in one house creates extra wear and tear, risk of sewer problems and noise complaints.
16. GARBAGE: Tenant shall dispose of all waste material generated during the rental period in a lawful manner and put the trash in the exterior trash bins provided for pickup. Tenants must secure trash in tied up trash bags and fully closed cans. If trash is left unsecure we need to charge for rodent and fly removal service. See the Guest Information Binder in the unit or contact Laura Christine or Manager for garbage collection days. Monday. Tenant is cautioned not to leave trash outside for long periods of time because it attracts pests. Please take out garbage to the curb on Sunday evening for Monday AM pick up. If trash is excessive, or doesn’t fit in the two 90 gallon trash cans and one 90 gallon recycle bin, we need to charge the guest for extra trash pick up. Starting at $75. You must break down your trash.
17. SUBLETTING: Tenant shall not sublet the property.
18. SMOKING: No smoking is allowed on the premises inside or outside (Ocean breeze blows cigarette smoke inside). If smoking does occur on the premises or we see signs of smoking, i.e. butts, ashtrays, etc., Tenant may be evicted and is responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors remediation and removal of debris. Minimum of $500 cleaning fee as we need to clean all materials, fabrics, including couches, curtains, rugs, blankets, etc.
Again you must report prior signs of smoking / cigarette when you check in or you will be responsible.
19. PETS: Pets are prohibited unless approval and payment has been made. $25 plus tax per pet per day/night plus a 1 time $75 plus tax Hypo Allergenic cleaning fee. If an unauthorized pet is found on the premises or signs of pets, i.e. dog hair, dog waste, food, Tenant may and/or pet may be evicted and Tenant is responsible for all rent, cleaning any and all damage caused by pet(s), including pet allergen remediation.
20. TRANSIENT OCCUPANCY: Tenant expressly acknowledges and agrees that this Agreement is for transient occupancy of the Property, and that Tenant does not intend to make the property a residence or household.
21. OWNER'S PROPERTY: Tenant agrees not to access the "owner's closet or cabinets", even if unlocked, which contains owner's personal property and may contain cleaning supplies and chemicals that could be hazardous to children and adults.
22. FIRE EXTINGUISHER: The property is equipped with a minimum of one (1) fire extinguisher in garage next to step and in the kitchen. The fire extinguisher was fully charged at last inspection. It is the duty of the tenant locate fire extinguisher, notify all other occupants and guests of the location, and to inform management immediately should the fire extinguisher be missing, or be less or become less than fully charged.
23. SMOKE DETECTORS/ CARBON MONOXIDE DETECTOR: The property has smoke detectors and a carbon monoxide detector installed and they are believed to function properly at the time of rental. Tenant will notify management without delay if detectors are missing, uninstalled, "chirps" or have a low battery condition.
24. PARKING: Street parking and driveway is available. Please obey any street cleaning signs and do not block the sidewalk as you will be ticketed. Tenant is advised that in many high density beach communities, parking is at a premium, and garages and parking spaces can be smaller than normal. Tenant is advised to ask for measurements if parking is needed. No refunds will be given if vehicles do not fit in designated spaces.
25. SECURITY: Tenant shall see to their own and to the Property security by locking doors, windows, garage doors, etc. when it's prudent to do so and always when all guests are absent or the property is vacated. Security: Yes, we have a security system with cameras for your safety and to protect the home. The cameras are located in public areas only for your privacy.
26. NEW LOCKS OR ALTERATIONS. Tenant shall not make or permit to be made any alterations to the Premises or change or
add any lock without prior consent of Laura Christine or Manager.
27. LOST ITEMS: Laura Christine or Manager shall have no responsibility for lost, stolen or abandoned items. Every reasonable
effort will be made to contact the Tenant for return. There will be a $25.00 handling charge plus shipping costs for any items returned at Guest's request. Laura Christine or Manager shall not be held liable for condition of said items. If items are not claimed for longer than 5 days, they shall become the property of the Laura Christine or Manager and may be donated or sold.
28. TV/CABLE/INTERNET/SATELLITE: If provided, no refund of rents shall be given for number of devices, outages, content, or lack of content or personal preferences with regard to cable/internet/satellite service. Services are provided as a convenience only, and are not integral to 10 this agreement. No refund of rents shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to service. If you charge for a movie, you will be charged $50 per movie so please use your own credit card by calling DIRECTV.
29. AIR CONDITIONING / HEATING: Most beach rentals are not equipped with air conditioning. If so equipped, Tenant agrees that Air conditioning shall not be set below 78 degrees and heat shall not be set above 68, and that the fan setting shall be "Auto". Doors and windows shall be closed when either heat or air conditioning is in operation. If left on, you will be charged $100 per day.
30. SYSTEM(S) FAILURES: In the event the rental unit sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, hot tub or other system or structural systems, neither the property owner nor the Laura Christine or Manager shall be liable to Tenant for damages, and no refunds will be given for such failures. However, Laura Christine or Manager will make an effort to promptly repair or replace the failed system or equipment, and in such event, Tenant agrees to permit Laura Christine or Manager or its service provider to have reasonable access to the property to inspect and make such repairs.
31. NOISE: Tenant is aware if Unit is located in a high density neighborhood, it is therefore subject to noise from nearby residences/businesses/traffic. If Unit has common walls, ceilings or floors, noise may travel between and cause disturbance.
32. UNFORESEEN OCCURRENCES: Laura Christine or Manager does not accept liability for any loss or damage 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 of rents because of shortened stays or ruined expectations due to work and family emergencies or any other reasons. It is highly recommend that Tenant considers the purchase of travel insurance.
33. SALE / LEASE OF PROPERTY: If unit is actively listed for sale or lease, Laura Christine or Manager may notify guest to schedule and show property. If the unit gets sold, tenants will be notified immediately.
34. WAIVER OF LIABILITY: for spa, hot tub, Jacuzzi, whirlpool, pool, sauna, pond, etc. herein referred to as special feature. If so equipped, it is the tenant's responsibility to learn about safety precautions, warning signs of water conditions, and safety procedures concerning swimming in or being around the special feature. Tenant understands that there are special risks that may be involved for anyone, in particular children who are not carefully supervised, person(s) intoxicated, on any kinds of drugs or medication, with health risks, or if pregnant. Tenant agrees to explain the risks of the presence and use of the special feature to all guests at the property. Tenant agrees to assume all responsibility for Tenant and other guests, for the consequences of those risks and to be fully and solely responsible for any accidents that may occur. Tenant agrees to waive any claim whatsoever against property owner or Laura Christine or Manager for accidents or claims arising from use of special feature. Tenant also understands and agrees to be responsible and liable and will pay Laura 11 Christine or Manager upon request for any damages that occur to the special feature and its support equipment through Tenants and other occupant's and guest's misuse and/or negligence, for example, but not limited to walking on the hot tub cover, damaging the liner, allowing the water level to become too low, removing pool cleaning equipment from the pool, or causing water to overflow inside the house.
35. RESERVATIONS ARE NOT FULLY GUARANTEED: If for some unforeseeable circumstance, the Property is not available or becomes unavailable or uninhabitable during your stay, every effort will be made to locate substitute accommodations. If the substituted property rents for more for the same period, or remaining period respectively, tenant will have the option to pay any additional charges or cancel the reservation. However, if the substituted property rents for less for the same period, the difference will be refunded to Tenant.
36. DOUBLE BOOKINGS: In the unlikely event that your reservation for a rental unit overlaps or matches the reservation of another Tenant, Laura Christine or Manager will help you find like properties. Tenant will have the option to accept the replacement property or to accept a refund of all rents and fees paid for the original booking (except any third party fees). Tenant agrees that its choice between these alternatives will be the sole remedy for any and all damages, liability, or inconvenience arising out of the double booking.
37. AGENCY: It is mutually understood and agreed that Laura Christine or Manager is acting as Agent only for the property owner and has no liability to either party for the performance of any terms or covenant of this agreement. Furthermore, Tenant understands Laura Christine or Manager is being compensated in this transaction by the property owner and is contractually obligated to protect the interest of same. Laura Christine or Manager hereby discloses to Tenant should Tenant elect to purchase travel insurance protection or damage insurance through Laura Christine or Manager, Laura Christine or Manager may be compensated by provider(s) for cooperation in the transaction.
38. HOLD HARMLESS: The Tenants and Tenants' Guests shall hereby indemnify and hold harmless the Laura Christine or Manager and property owner against any and all claims of personal injury, property damage or loss arising from use of the premises regardless of the nature of the accident, injury or loss. Tenants expressly recognize that any insurance for property damage or loss which the Landlord may maintain on the property does not cover the personal property of Tenants, and that Tenants should purchase their own insurance if such coverage is desired.
39. ADDITIONAL TERMS AND CONDITIONS: The undersigned, for himself/herself, his/her heirs, assignors, executors, and administrators, fully releases and discharges Laura Christine or Manager and Owner from any and all claims, demands and causes of action by reason of any injury or whatever nature which may have occurred to the undersigned, or any of his/her occupants or guests as a result of, or in connection with the occupancy of the premises and agrees to hold Laura Christine or Manager and Owner free and harmless of any claim or suit arising there from. In any action concerning the rights, duties or liabilities of the parties to this agreement, their principals, agents, 12 successors or assignees the prevailing party shall be entitled to recover reasonable attorney fees and costs.
40. WRITTEN EXCEPTIONS: Any exceptions to the above mentioned policies must be approved in writing by a Laura Christine or Manager in advance.
41. DISPUTES under this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any action relating to this Agreement shall be filed only in the city court in California in which county the Unit is located. Both parties consent to the exclusive venue and jurisdiction of such court. Tenant agrees to pay all reasonable costs, attorney's fees and expenses that shall be made or incurred by Laura Christine or Manager enforcing this agreement.
42. Facsimile signatures are deemed original signatures. Website agreement is also considered as you agree to this contract.
43. CREDIT CARD AUTHORIZATION: Tenant agrees to provide Laura Christine or Manager with a valid credit card. Tenant is providing the credit card as a guarantee. Tenant certifies that he/she has read and agrees to abide by the terms of this agreement, and agrees to pay and authorize Laura Christine or Manager to charge any rental amounts, taxes, fines or charges pertaining to violations of the rental agreement, extra cleaning, missing property and any damages not covered under the Security Deposit Protection (Paragraph 3). If Tenant understands that all credit card sales are final. Should Laura Christine or Manager be unable to recover costs from the credit card on file, Tenant is responsible to provide an alternative method of reimbursement within 48 hours of notification.