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Vacation Rental Agreement
1. THIS VACATION RENTAL AGREEMENT (“Agreement”) is entered into on {current_date2} (the “Effective Date”), by and between {reservations.first_name} {reservations.last_name} {reservations.address} ( “Guest”), and the property Owner (“Owner”) to rent the Transient Lodging Establishment located at {reservations.location_address} {reservations.location_city}, {reservations.location_state_name} {reservations.location_zip}, {reservations.location_country_name} (the “Premises”). Owner owns residential property, improvements, appliances, furnishings and provides all basic utility services located at the “Premises”. Owner has hired Casago Santa Barbara to act as Owner’s Marketing Agent/Representative, and to execute this Agreement on Owner’s behalf, if necessary in Owner’s absence.
Guest agrees to rent the Premises on the following terms and conditions. Guest warrants and represents the individual(s) signing below on Guest’s behalf is/are legal adults with the capacity to enter into this Agreement. Guest must include the names of any additional persons who will be occupying the subject real property on the Additional Guest List, which is hereby incorporated into this Vacation Rental Agreement. Guest agrees this rental is for an explicit and limited time, the rental is similar to a hotel, motel, or B&B, and occupants do not live at the Premises, they are only on vacation after which they are required to depart on the contracted check out date listed below.
Check in Date: {reservations.startdate}
Check-in Time: 4:00PM
Check out date: {reservations.enddate}
Check Out time: 11:00 AM
Total number of days {reservations.days_number}
Detailed directions with check-in instructions will be emailed out 7 days before arrival.
Guest acknowledges that check out time must be strictly adhered to as the property is needed to accommodate another arriving guest and that if the guest fails to fully depart at the agreed-upon time, then the agent or Owner may enter the guest's accommodation, take possession of the guest's property, re-key the door, and make the accommodation available to a new guest;
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2. PREMISES: The guest agrees to rent the Premises for vacation purposes only, including the furniture, appliances, equipment, and finishes therein.
3. PAYMENTS TERMS: To reserve the home we require a 50% Earnest of the rent, tax, and cleaning fee due at the time of making the reservation. The final 50% balance plus refundable deposits are due 30 days prior to arrival.
{reservations.folio}
Arrival Instructions:
Check-in directions for your home will be mailed to you prior to your arrival. After-hours or late check-in procedure varies from home to home. The check-in directions will be emailed to you seven (7) days before arrival. A final check-in email will be sent out 24 hours prior to arrival with access codes for the property if applicable.
Total number of Occupants (including infants): {reservations.occupants}/{reservations.occupants_small}
* The approval of this application at the stated rate is based on the number of occupants listed.
No additional day guests, visitors, parties, weddings, filming, productions, corporate events, for-profit filming or photoshoots, or any other type of event that may not be explicitly covered in this agreement, of any kind, are not allowed.
Maximum Occupants: {reservations.unit_max_occupants}
Please enter all Guest Names below (*this is required):
Guest 1: {{FullnameGuest1}} Age: {{AgeGuest1}}
Guest 2: {{FullnameGuest2}} Age: {{AgeGuest2}}
Guest 3: {{FullnameGuest3}} Age: {{AgeGuest3}}
Guest 4: {{FullnameGuest4}} Age: {{AgeGuest4}}
Guest 5: {{FullnameGuest5}} Age: {{AgeGuest5}}
Guest 6: {{FullnameGuest6}} Age: {{AgeGuest6}}
Guest 7: {{FullnameGuest7}} Age: {{AgeGuest7}}
Guest 8: {{FullnameGuest8}} Age: {{AgeGuest8}}
Guest 9: {{FullnameGuest9}} Age: {{AgeGuest9}}
Guest 10: {{FullnameGuest10}} Age: {{AgeGuest10}}
Electronic Agreements are automatically returned to Casago once the electronic signature & initials are completed. This Agreement may be also be signed and scanned as a pdf file and emailed, and/or mailed to the address below.
4. CONDITION OF RENTAL PREMISES:
The Premises shall be in the same condition upon departure as at check-in, with the exception of normal wear and tear.
Please be courteous and report any broken dishes, wine glasses, stained linens, etc. so they can be replaced.
The owner or its agents may enter the property with notice to make repairs provide maid service or preview the Premises.
Guest may cook in areas specifically designated for cooking.
Guest must immediately notify the Owner or agent of fire or other damage to property.
Guest shall be responsible for all acts of the family, invitees, employees, or other persons invited to the Premises.
Guest may not sublet or assign the Premises or this Agreement.
Guest shall be responsible to return all keys and gate or garage door openers upon departure.
Guest shall abide by the House Rules of the Owner, Property Manager, Condominium Association, and/or the Booking Agent as provided to Guest.
Guests shall not bring any pets onto the property unless otherwise approved. Bringing an unregistered pet onto or into the Premises will be considered a material breach and will result in immediate cancellation of this agreement and removal from the property. This also includes any VISITING pets of invited Guests.
NO SMOKING of any substances is permitted at the Premises. By signing this agreement {reservations.first_name} {reservations.last_name} agree's that they will not be smoking inside the premises and in the case of a condo or apartment-style communities agree to follow the local rules and local laws and not smoke outside the premises, in the common areas, on balconies or patios. Violation of these terms will result in immediate termination of this rental agreement and removal from the premises by local Sherriff if need be. In addition, all prepaid rent will be automatically forfeited and all costs to remediate the premises will be paid for by the Guest. The typical cost to remediate tobacco or marijuana smoke residue from a residence is $500-$1500 with a specialized ozone machine, and all costs to do so will be charged to the Guest.
Guests will rinse feet of sand prior to entering properties with hot tubs or swimming pools. Not doing so will result in the service vendor billing extra time to clean the pool or hot tub and shall be billed to the Guest.
No parties or hosted dinner events beyond the maximum number of Guests as stipulated on the Guest Registration Form shall be allowed without prior consent. Violation of this clause will be considered a material breach and will result in immediate cancellation of this agreement and removal from the property.
Vendors such as massage therapists, yoga instructors, and private chefs are permitted on the property, however, Casago must be notified in order to register such Vendors.
No amplified music is permitted at any property.
Guest shall not permit any use of pool or Jacuzzi by unsupervised children or other guests and shall keep gates, doors or pool covers closed. Guest and other invitees shall use the pool and Jacuzzi at their own risk.
Guest understands that there are certain inherent risks to families with small children. Children must be supervised at all times when out by the pool. Guest further understands these inherent risks include the possibility of drowning may occur if a responsible adult is not present. Guest acknowledges that the Owner would not rent the property unless the Guest accepted this condition and takes full responsibility for the actions of the invited guests and children.
5. BALANCE DUE; LATE CHARGES; INTEREST: If any amount due is not received by the applicable due date, Casago may terminate this Agreement and refund to Guest the reservation fee minus a 15% handling fee.
6. KEYS, GARAGE REMOTES, HOUSE MANUAL:
a. Upon arrival, guests will receive two (2) sets of house keys and one (1) garage door opener when applicable. Casago and Owners of the Premises will retain keys for regular access to the Premises for caretaking purposes. Guests will be charged $75.00 for each lost key and $100.00 for each lost or unreturned garage door opener. Guest understands and agrees these charges will be
b. Upon arrival Guest will be welcomed by either a detailed home manual or staff member of Casago in order to familiarize the Guest with the key components of this vacation home. Guests will also have access to a Property Instruction Manual, which will provide additional information regarding the different functions and operations of the Premises. Casago will also supply Guests with temporary access codes for any gates, alarm security systems, and Internet access, where applicable.
7. AUTHORIZED USE, GUESTS, AND INVITEES: The Premises are to be used by Guest-and authorized invitees only as a temporary personal vacation residence. All overnight guests known at this time shall be listed on the Additional Guest Information Form attached hereto. Upon notification to Casago, additional overnight guests are permitted so long as the number does not exceed the maximum allowed as stated above. Owner and Casago acknowledge Guest may hire local chefs, massage personnel, or other concierge services for guest comfort and enjoyment during their temporary stay without the need to identify such persons in the Additional Guest Information Form. Guest understands that no other overnight guests are permitted without notification to and approval by Casago, and that un-permitted overnight guests will constitute a material breach of this Agreement and will forfeit Guest’s right to stay at the home. Guest also agrees and understands that having dinner parties, weddings, reunions, bachelor or bachelorette parties, filming and production, photoshoots, corporate events, or other such hosted events without written authorization and approval from Casago, will also constitute a material breach of this Agreement and will forfeit the right to remain in the home and loss of prepaid rent.
8. Damage Waiver: This home comes with an accidental damage waiver policy during your stay, that covers up to a preset amount. The amount varies from home to home and Accidental damage must be reported during your stay. You may contact the home manager directly to learn more about this program should you have any questions.
In addition, Casago and Owner require the following conditions be met at the time of Guest checkout:
a. All trash is to be placed in the trash or recycling bins outside
b. All dishes are to be placed in the dishwasher.
c. All keys and remotes are to be left on the kitchen counter.
d. All garage doors closed, all doors locked and all windows closed and secured.
e. The Premises are to be returned in the same condition in which it was received.
9. TERMINATION OF AGREEMENT: The guest agrees to comply with any and all rules and regulations provided within this Agreement. Guests shall not violate any law or local ordinance. The following rule violations, behavior, activities, or disturbances may result in immediate termination of this Agreement, and/or loss of rental payments:
a. Any reservation found to have been obtained under false pretenses.
b. Any breach of any term of this Agreement.
c. Overnight occupancy by anyone not listed on the Guest/Invitee Information Form.
d. Occupancy of the Premises by pets owned by Guest or Guest’s Invitees.
e. Exceeding the maximum number of people.
f. Using the Premises for any illegal activity, including but not limited to illegal drug use or serving of alcohol to anyone under the age of 21.
g. Having a party or other unapproved hosted event at the Premises.
h. Complaints from neighbors due to loud music, excessive crowds, or excessive vehicle parking.
i. Causing damage to the Premises or neighboring properties.
j. Any other acts which interfere with neighbors’ rights to quiet enjoyment of their properties.
k. No smoking anywhere on the Premises or decks.
10. Initial {{initial}} RESERVATION CANCELATIONS: The cancellation policy for bookings made through VRBO is stated at the time you book and can be found in your VRBO Booking itinerary.
To protect Guests against cancelations caused by the Owner or certain unforeseen events, such as illness, death, natural disasters, etc., we recommend that guests purchase trip cancelation and Interruption Protection insurance to assure refund of deposits paid and reimbursement of other vacation payments. Such insurance is available through third-party travel and vacation insurance companies or by contacting sbmanager@Casago.com for a list of companies.
In the event the Owner elects at any time to list the Premises (or a portion of the Premises) for sale and has advised Casago of such election, one of the following shall occur:
(a) If the Premises is listed for sale prior to the date of this Agreement, we shall so advise Guest, and Guest will then be in a position to determine whether you wish to proceed with the vacation rental of such property. Your election to proceed will make the following subparagraph (b) applicable to your rental;
(b) If the Premises is sold after the execution of this Agreement, one of the following shall apply: (i) If the close of escrow on the sale occurs before your arrival date, the Owner shall have the right to cancel this Agreement and all sums paid by Guest shall be refunded or at Guest's election applied toward another property in Casago portfolio of rentals; or (ii) If the close of escrow on the sale occurs after your arrival date and you have possession of the rental the Owner shall be bound to honor this Agreement pursuant to its terms. In the event that the Owner cannot comply or refuses to comply with the terms of this Agreement, the Guest’s sole recourse shall be against the Home Owner and not Casago.
11. FURNITURE, APPLIANCES, ALTERATIONS STORAGE. Guest shall not add, remove, or move large furniture, or replace any furniture, equipment, appliance, or other items of personal property at the Premises at any time. Guest shall not use the property for storage of personal household furniture, moving boxes, and other personal items in situations where a Guest may be transient or in the process of moving, then the guest will need to arrange for an offsite storage facility. Guest shall not make any alterations in or about the Premises including painting, wallpapering, adding or changing locks, modifying fencing or landscaping, placing signs, displays or exhibits, or using screws, fastening devices, nails, or adhesive materials on floors or walls.
12. MAID SERVICE: No maid service is included in this rental term. If the guest desires additional cleaning services, Casago will provide the contact information of the housekeeper that services the property. Guest understands they will coordinate and pay housekeepers directly their hourly rate. If this Agreement is 29 days or more in duration, the Guest agrees to use Casago housekeeping service to perform a thorough cleaning of the house Bi-Weekly (Once every two weeks) Contact information on housekeeping service will be provided inside the home.
13. RIGHT TO ENTRY: The guest understands and acknowledges maintenance representative may require access to the Premises to inspect, make necessary repairs, perform routine maintenance. Guest further understands that prior to any access to the Premises, authorized representatives shall contact Guest to make arrangements in advance so as to not interrupt Guest’s vacation schedule.
14. MINORS: Minors shall not be left at the Premises at any time without a supervising adult.
15. UTILITIES: NORMAL usage of Utilities is included for daily, weekly, and monthly rentals. For rentals of 30 nights or longer, the Guest is responsible for pool heat, gas, electricity, and water. Guest acknowledges that Santa Barbara is in an extreme drought and any overages of water consumption or fines related to water overages is the responsibility of the Guest. Initial {{initial}}
16. MAINTENANCE/CONDITION OF PREMISES: Guest shall properly use, operate, and safeguard the Premises including furniture, furnishings, fixtures, appliances, electric items, landscaping, mechanical, electrical, gas, and plumbing fixtures. Guest shall immediately notify sbmanager@Casago.com or its designated representative of any problem, malfunction or damage. Guest shall, upon arrival, examine the Premises. Any damaged or non-operational items including but not limited to furniture, furnishings, fixtures, appliances, electric items, and landscaping must be reported to Casago within 24 hours of arrival. An inspection form will be provided at the property and must be filled out and returned by Guest to Casago or its designated representative within the 24 hour period. It is the guest's responsibility to deliver the move-in inspection form to Casago within the 24-hour time frame.
Guest shall pay for all repairs or replacements caused by Guest, excluding ordinary wear and tear. Guest shall pay for all damage to the Premises as a result of failure to report a problem, malfunction, or damage in a timely manner. Guest shall pay for the repair of drain blockages or stoppages unless caused by defective plumbing parts or tree roots invading sewer lines. Guest agrees nothing shall be placed in toilets other than toilet paper. If a clog occurs as a result of guests placing foreign objects in a toilet, Guests will be responsible for plumbing charges. Guest shall not arrange for any inspections, repairs, or other services to the Premises. Reporting the failure or malfunction of appliances and/or systems does not give the Guest the right to cancel this Agreement, to receive a refund of any payments made, or to make a claim against Casago for inconvenience or harm caused by failure or malfunction of appliances and/or systems. Upon such notice to Casago that a repair needs to be addressed, Casago shall repair or replace the appliance or system promptly. Failure to repair or replace within a reasonable time such that the Premises are unusable or not habitable shall permit Guest to terminate this Agreement and receive back a pro-rata portion of the rental payment.
17. NO FIREWORKS OR BONFIRES: No fireworks and/or any other pyrotechnic devices are allowed. Such use is strictly prohibited and will result in eviction. Open fires and/or bonfires are strictly prohibited on the Premises and surrounding beaches.
18. NO ASSIGNMENT OR SUBLETTING: Guest shall not assign or sublet the Premises or this Agreement. If the Premises or this Agreement is assigned or sublet, Guest shall be in material breach of this Agreement and will be required to immediately vacate the Premises, forfeiting the right to any prepaid rent.
19. NOTICE OF ABSENCE: Guest shall notify Casago in advance if Guest will be absent from the property for 5 days or more. If this notice is not provided, Guest will have to pay for any damage that may result from your absence.
20. INSURANCE: Guest understands that Owner and Casago do not carry insurance to cover Guest’s belongings or damage caused by Guest. Guest agrees that Owner or Casago are not responsible for any loss or damage during the term of the rental agreement. You agree to carry insurance covering all of your personal property located in the unit or bear full responsibility for its damage including damage from fire, water, theft, or any cause.
21. Initial {{initial}} PET POLICY: If a pet was approved guest will be required to sign a separate Pet Policy Addendum and agree to the Terms & Conditions of the Policy. This Pet Policy will be added as an attachment to this Agreement. Additional Pet Fees and Deposits may be added and agreed upon between the Guest and the Landlord. If a pet is brought onto the property without permission and without a signed Pet Policy Addendum, it will be deemed a material breach of this agreement. For guests that are considered Transient or Lodgers, such a material breach can lead to immediate termination of the remainder of the rental period and loss of prepaid rent and security deposits. For Guests that are staying 30 nights or longer, we will use all available resources within the law to cure the breach. Guest with Pets, Service Animals or Emotional Service Animals must keep their animal with them at all times, and must not leave the animal alone in the home. We welcome guests traveling with animals, including assistance animals such as service animals or emotional support animals. To ensure the safety, comfort, and cleanliness of the home for all guests, animals may not be left unattended inside the home at any time. Animals must remain under the guest’s control while on the property and must not create excessive noise or disturbance. Guests are responsible for cleaning up after their animals and for any damage beyond ordinary wear and tear. No additional pet fee or deposit applies for verified assistance animals, in accordance with California and federal fair housing laws. We reserve the right to take reasonable steps if any animal poses a direct threat to the safety of others or causes substantial property damage that cannot be mitigated by other means.
22. JOINT AND INDIVIDUAL OBLIGATIONS: Each adult Guest shall be jointly and severally responsible for the performance of all obligations under this Agreement.
23. INDEMNIFICATION, HOLD HARMLESS, WAIVER AND RELEASE OF LIABILITY: Guest, on behalf of itself and its heirs, assigns, executors, and administrators, hereby agrees to release, discharge, defend, indemnify and hold Owner of the Premises and Casago harmless of and from any and all claims, demands or causes of action arising out of or related to this Agreement, and Guest’s occupancy and rental of the Premises, including but not limited to claims for personal injuries of whatever nature, including but not limited to swimming pool or spa use, if applicable, by Guest or Guest’s invitees, death, or property damage. Notwithstanding the generality of the foregoing, this provision specifically applies to any personal property, vehicles, or beach items at the Premises for Guests’ enjoyment. Guest agrees that Casago and Owner shall have no liability arising from any temporary defects or stoppage in supply of water, gas, electricity, or plumbing. Guest agrees that Casago and Owner shall have no liability for any loss or damage caused by weather conditions, natural disasters, acts of God, or other reasons beyond their control. By his/her/their signature below, Guest acknowledges they have read the following advisements, and agree to inform all invitees of Guest regarding the same and the use of the Premises.
24. MEDIATION: Any dispute or claim arising out of this Agreement or from the rental of the Premises, shall be submitted to mediation before a disinterested neutral, before resorting to arbitration or court action. Mediation fees, if any, shall be divided between the parties involved. If for any dispute or claim for which this paragraph applies, any party commences an action or arbitration without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if such fees would otherwise be available to that party in any such action. This mediation provision applies whether or not the arbitration clause below is applicable.
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25. BINDING ARBITRATION: Any controversy or claim arising out of this Agreement or from the rental of the Premises, shall be submitted to binding arbitration in accordance with the rules, then in effect, of the American Arbitration Association, and shall be conducted in Santa Barbara County. The parties hereto agree to the retention of a local retired judge and/or trained attorney-mediator to serve as the arbitrator. If the parties cannot mutually agree upon the selection of one such individual to serve as an arbitrator, then Guest on the one hand and Casago and Owner on the other shall each select one arbitrator. The two selected arbitrators shall select a third arbitrator; all three arbitrators shall serve as the arbitration panel for the dispute. The fees of the arbitrator(s) shall be divided and paid equally by Guest on the one hand, and Casago and Owner on the other; however, a party’s payment of arbitrator fees shall be included in any cost award issued pursuant to paragraph 25, below. Judgment upon the award rendered may be entered in any court having jurisdiction thereof.
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26. ATTORNEY’S FEES: In any action or dispute arising out of this Agreement or from the rental of the Premises, the prevailing party shall be awarded, in addition to any damages, injunctive or other relief, the amount of its reasonable attorneys’ fees, costs and expenses incurred. The reasonable costs recoverable by the prevailing party shall include not only the costs set forth in the California Code of Civil Procedure and the Rules of Court but also the costs of expert witnesses and investigators reasonably necessary to conduct the litigation. The term “prevailing party” shall be as defined in the California Code of Civil Procedure. This paragraph shall also apply to any arbitration proceedings between the parties.
27. MISCELLANEOUS PROVISIONS: The headings contained herein are for convenience purposes only. The headings do not define, limit, or extend the scope or intent of the language of the sections and the paragraphs to which they pertain. No amendment, change or modification to this Agreement shall be valid unless in writing signed by the party to be bound.
Initial {{initial}} I agree that this is a legally binding document and I have read all terms and conditions in this document.
ACKNOWLEDGEMENT:
I/we, the undersigned, hereby apply for the above-listed accommodation and warrant that I/we have read, understand, and agree to the terms and conditions of this Agreement, and I/we agree to abide by homeowners/agents/association restrictions on the use of the said property. I/we further understand and represent that I/we are executing this Agreement on behalf of all parties named on the guest list. I/We further understand and agree to be bound by these terms.
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