Hacienda De La Mariposa Oasis with river access and pool

1 Contractual Obligation: When a property is reserved for a specific term, this constitutes a contractual agreement by and between the Owner, S.T.R.M. LLC. as Agent for the Owner (hereafter referenced as "Agent") and the Guest (Hereafter referenced as "Guest") reserving this property, with the Intent to Create Occupancy. If more than one Guest(s) agree to these terms, each shall be jointly and severally liable for all of the terms, conditions, and provisions detailed here. 2 Traveler’s insurance: Highly recommend that Guest(s) purchase Travelers Insurance especially for advanced bookings. Traveler’s insurance reimburses trip costs and financial obligations under the lease if you have to cancel your trip in event of an emergency. 3 Keys, Check-in & Checkout Information: S.T.R.M. LLC utilizes a keyless entry system or a combination lockbox that will permit Guest(s) to go directly to the property. Instructions will be emailed in the check-in Instructions 1-5 days prior to check-in. Guest(s) will be provided a 6-digit code to access the Door Lock or a 4-digit code for a lock box. 3b Check-Ins: Key Code for Keyless or a Combination for Manual Lock Box: Entry to the Property at 12:00 p.m. on the date of check-in.: Instructions will be emailed with the Access Code or Lock Box Combination and directions to the property in the "Check-in Instructions". Early Check-In Fee or Late Check-Out: We cannot always accommodate early check-ins or late check-outs, this must-have prior approval by S.T.R.M. LLC Property Management. If requested and approved, there is an $49.00 Early Check-In and an $79.00 Late Check-Out Fee. 3c Restrictions: Keys or Codes will NOT be released or valid unless payment terms are satisfied and all required information submitted and “Terms & Conditions” agreed to. via Guest response and electronically signing and returning of the lease agreement to the Property Management Company. 4 Check-Outs: Check-out time is at 12:00PM on the date of departure. Please respect this time as so that our cleaners have limited time to prepare the property for the next guest(s) 4b Penalty for Unapproved Late Check-Out: $250 5 Keyless Entry: Make sure the door is locked by following the checkout instructions that are emailed to you. The keyless entry code will automatically expire at 10 am, so be sure that you have everything out of the home by that time. 5a Combination Lock Box properties: Please lock the door and return the keys to the combination lockbox, shut the box, and spin the combination around to random numbers. Housekeepers will report to the office if the keys were in lockbox upon their arrival to clean the property. CLEANING 6 Cleaning Information: Guest(s) have paid a cleaning fee for a professional clean after Guest(s) leave. This covers normal housekeeping. Additional cleaning fees will be charged for rentals over one month. Guest(s) are asked if convenient to do the following upon vacating the property: 1) Pick up all trash and bag it and place it in the trash can provided 2) Throw out ALL food items and personal items 3) Place all soiled dishes in the dishwasher and run (if convenient) 4) Remove all holiday personal decorations 5) All furniture and other items must be returned to the same position they were in at check-in. (There is a $100 charge to haul away Christmas trees that are left behind or to move furniture back to their original position if any pieces are moved). If the home is left excessively dirty Guest(s) will be charged for all costs that exceed the original cleaning allotment. This includes wine and dark juice stains, pet urine and etc. Trask left unbagged, trash clutter around the home & dishes left out on countertops. If the normal carpet and spot cleaning cannot remove stains left in carpet or upholstery, it may result in carpet replacement by Guest(s). 6) Wood Burning Fireplaces & Fire Pits: If Guest(s) uses the fireplace, then they are responsible for cleaning it out. If left full of wood or ash, there will be an additional $100/each cleaning fee added to guest charges. Owner has provided a metal ash bucket to be used when cleaning it. 7) Pets: Please get approval - see website for properties that allow pets to stay. Most do not allow pets. If the property does allow pets: please note that all excess pet hair should be swept up and off of floors, counters, window coverings, furniture etc. Cleaning pet hair is not considered “normal cleaning” and is the Guest(s) responsibility to clean up. If the normal carpet and spot cleaning cannot remove stains left in carpet or upholstery, it may result in carpet replacement by Guest(s). All pet droppings must be picked up out of the surrounding landscaping areas of the home. There will be an extra cleaning charge if this is not done. FINANCIALS - RENTS FEES & DEPOSITS 7 Reservation Payments and Charges: In order to reserve the property, advance-rent of one half (1/2) of the total rent and fees amount must be paid via Visa, Mastercard or AMEX for direct bookings. All 3rd party booking sites will be automatically billed per their terms. The balance due will be automatically charged to a Guest(s) credit card 30 days prior to check-in. If a property is booked within 30 days of check-in, the entire amount must be paid in full to reserve the property. If the term is for multiple months, the monthly charge must be paid 30 days in advance of the month the rent is due. 8 Pet Fees & Pet Policy: Only selected properties permit pets. If Guest(s) bring a pet, a $150 Non Refundable fee is charged stay. If there is any indication that the pet has urinated on the carpets or upholstery, the Guest(s) will be charged for professional cleaning and deodorizing. If pet damage exceeds repair and/or remedy, Guest(s) will be liable for remediation and replacement. There will be additional charges if there is excessive animal hair on carpets & furniture. 8a Unauthorized pets: If any unauthorized pet(s) is found in the property a $1000 penalty will be assessed to the Guest(s) per pet Note: It is Guest(s) responsibility to clean up pet hair. This does not fall under a normal clean. Please note that most towns have leash laws. Additionally, you must clean up after your pets on the property and in most areas of the city. Any fines with regard to pets will be the responsibility of Guest(s). 9 Accidental Damage Protection Fee: Guest(s) is/are charged a Property Incidental Fee of $79.00. This cost is itemized under the Booking Fees Summary. Damage to the premises covered by the Property Incidental Fee is defined as loss caused by the Guest(s) inadvertent acts or omissions or by accident to the real or personal property of the Owner where the property is located within the vacation residence. Cleaning costs above the normal allocation for the property will be the responsibility of the Guest(s). Property Incidental Fee does not cover gross negligence. Gross negligence is defined as a conscious and voluntary act or omission by the Guest(s) whereby this act or omission is both likely and foreseeable to result in damage to the real or personal property of the Owner. If the damage is excessive and extends beyond the coverage limits, Owner reserves the right to pursue other options for remedy including charging the Guest(s) credit card with supporting documentation and other legal avenues. 10 Security Deposits There may be instances where S.T.R.M. LLC Property Management requires the Guest(s) to pre-pay the Security Deposit prior to booking. The Security Deposit is placed in a Trust Account, without payment of interest to the Guest(s). The Security Deposit will be refunded by the "Agent" within 14 business days after the final check-out, as provided by the Residential Landlord Guest(s) Act., providing the Guest(s) haven’t caused damage to the property and have complied with the terms of this contract. Minor mishaps are to be expected however, negligent or willful damage to the premises or furnishings and/or removal of any private property from the rental unit, shall be charged to the Guest(s) credit card. If Guest(s) have noticed anything that needs to be repaired, attention or is damaged, they should contact our office immediately. CANCELATION POLICIES 11 Cancelation Policy: ALL cancelation requests must be IN WRITING. Direct booking and 3rd Party cancellations before 14 days of arrival will receive a full refund less booking fees applied by the 3rd party booking sites. Subletting, Lease Transfers etc. The property may not be assigned, sublet or transferred by the Guest(s) without the prior consent of the Agent. Should Guest(s) sublet without Owner--Agent approval, they are subject to treble damages and attorney fees 1. Maintenance of the Premises The Guest(s) agree to maintain the premises in a safe, clean, undamaged condition and will make no alterations without the consent of prior to the work being performed, or the repair charges will be the responsibility of the Guest(s). Guest(s) agree to keep the interior and exterior of the property free of debris. Guest(s) agree not to make vehicle repairs on the premises that will render the vehicle inoperable for a 24-hour period or cause oil or gasoline stain damage to the property. Guest(s) agree to use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and/or heating systems. Guest(s) agree to not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so. Guest(s) agree to leave the furniture in place and not move any furniture. If the furniture is moved, the Guest(s) will be charged for costs charged to move it back to its original position. Smoke alarms are provided for Guest(s) safety. Please test each to ensure each are working properly. Guest(s) understand that in an emergency situation, S.T.R.M. LLC Property Management and any accompanying vendors will enter the property. Guest(s) agree to allow all necessary maintenance repairs needed during their stay and will not interfere with assigned vendors. 12 Recreation Vehicle Restriction Guest(s) agree that no recreational vehicles (ie. RVs, trailers, boats etc.) will be parked at the property at any time during Guest(s) occupancy. 13 Peaceful Enjoyment -Neighborly Behavior – HOA Rules Guest(s) agree to respect the quiet enjoyment of the neighbors in all surrounding areas and will not entertain with parties, receptions, etc. Guest(s) will be charged at the rate of 150% of the owners, and/or agents cost of all additional costs and/or penalties incurred. If there are CC and Rs (Homeowner rules for the property) Guest(s) agree to obey all rules and policies of the complex. 14 Unauthorized Parties: Only the maximum person per property is permitted to stay in the home which is advertised. Large parties, reunions, receptions, weddings or any other type of gathering that goes over the allotted amount of guests authorized for the home is not permitted. If there are any unauthorized parties in the home you will be subject to a fee of $2000.00, no exceptions. 15 Notices and Inspections – Checkout, Sale, Inspection & 48 Hour Notice, etc: All notices from either Guest(s) or the Agent must be in writing and sent by regular mail, certified mail or personally delivered, as required by law. It is understood and agreed that the Agent shall have the right to enter and inspect premises at all reasonable times to ensure the maintenance and safety of premises (within reason). Except in the case of emergency or where notice to inspect is impractical, the Guest(s) will be given a 48 Hour Notice to Inspect the Premises. No notice will be necessary to enter the premises and perform the repairs requested by the Guest(s). I 16 Occupancy Limitation: Guest(s) agree that the number of registered occupants should not exceed the number designated in the online property description. If the number of occupants exceeds the original contract, written approval must be submitted, and an extra charge of $100 per day may be required. Guest(s) also understand that the Agent has no control over the current Guest(s), acts of nature, and/or the owner’s actions. If said property cannot be rendered to the Guest(s) as agreed upon due to circumstances beyond the control of the Agent, monies will be refunded (ie; the entire Earnest Deposit) or the Guest(s) may agree to be placed in an available property with similar features. 17 Swimming Pool and Hot Tub: Guest(s) understands and agree if a swimming pool is on the property, the Guest(s) assume any and all risks associated with the pool and neither the Agent nor the Owner imply or provide any guard or supervision of the use of the pool. If the property has an outdoor hot tub it is for ADULTS ONLY! 18 Maid Service: Guest(s) are charged for a professional cleaning fee to be done upon exit. Maid service is not provided during occupancy but referrals for cleaning vendors can be requested from S.T.R.M. LLC Property Management. Payments arrangements are to be worked out between the cleaning vendor and the Guest(s). 19 Smoking: All of S.T.R.M. LLC Property Management’s vacation rentals are NON-SMOKING. If upon an exit inspection, there is evidence that Guest(s) have smoked in the unit, they will be charged a $2000 penalty and will be liable for a full carpet, upholstery, and wall cleaning and deodorizing. 20 Utilities – Phone -Utility Caps: Property Phone: Some property owners provide a telephone for local calls. It is a toll restricted phone. Utility Cap: There is a Utility cap for every property for consumable utilities i.e. gas, propane, water, and electric. If the combined utilities (gas, propane, water, electric) exceed the amount designated for the property, the Guest(s) will be responsible to pay the excess. A Guest(s) credit card will be charged if the combined utilities exceed a Guest(s) allotted amount per month. No compensation will be given for outages of electricity, gas, water, cable, internet or telephone services. Outages should be reported immediately and all efforts will be made to have them restored as soon as possible. These are out of the management and owners' control but S.T.R.M. LLC will follow up with utility companies to get them back on or to diagnose the outage. 21 Indemnity: Guest(s)agree to save the Agent and the Owner harmless from any and all claims, losses, demands, or other liability whatsoever for any damage or injury however, any act of commission or omission of the Guest(s), guests, invites or any person concerning the property. 22 Waiver: Except as otherwise herein provided, either party’s waiver of any breach of these contractual terms shall not be deemed to be a waiver of any such breach on a subsequent occasion, and the failure of either party to insist on the performance of the terms and conditions of this contract shall not constitute a relinquishment of such party’s right thereafter to enforce such term or condition, but the same shall remain in full force and effect. Should any provision or condition or any part of this contract be determined unenforceable or illegal, the remaining terms and conditions shall remain in full force. 23 Benefits: All right given herein to the Agent shall also extend and insure to the benefit of the Owner or to any person designated by the Owner or the Agent as the recipient of said rights and their respective assigns or successors in interest. 24 Default: Failure of either Guest(s) or Agent to fully perform these contractual terms in any manner shall entitle either party to take all actions against the defaulting party as shall be provided by law. Neither party shall be deemed to have waived any existing or future right or remedy taking such action. All costs, attorney fees, and other expenses of enforcing this contract shall be paid to the prevailing party by the losers, including collection fees. The Agent will not be held responsible for the renting of this unit on an unseen basis. If not satisfied with the renting of the unit, we will help accommodate Guest(s) with other arrangements, but cannot guarantee a refund and/or transfer of rent or deposit money. 25 Designation of Management: The Agent is authorized to act for and on behalf of the owner for purposes of service of process and for receiving or give notice of demands. To be effective, all notices and other communications should be in writing and personally delivered during business hours or mailed by certified mail to the Agent at the above address. 26 Late Fees and Penalties: Guest(s) understand and agree that if the rent payment is not received in the full amount, the Agent, regardless of the cause including dishonored checks, late payment processing charges will be accessed and charged at $300 each month late payment is received, plus in addition a late charge of $25.00 per day, each day rent payment is not received in full after the due date of each month. Guest(s) also understand and agree that there will be an additional charge of $200 for any dishonored check regardless of reason, any future payment made to Agent shall be in MONEY ORDER or CASHIERS CHECK ONLY. Partial payments of rent owed will NOT be considered payment in full of any amount owed, any unpaid balance less than the amount owed, any unpaid balance less than the amount owed on the due date stated in the short term vacation contract shall be deemed late and subject to the late fee and penalties stated herein.