1. Your initial payment of 50% is a non-refundable deposit that is needed to book your reservation. The balance due plus the security deposit is due 60 days prior to your arrival. The security deposit is refundable within 8 weeks of check-out depending on the condition of the home upon your departure. All payments are payable by check to: Capistrano Realty.
2. To check in, please come to our office at 34700 Pacific Coast Hwy. #209, Capistrano Beach to pick up your keys. Check-in time is between 3:00PM-4:00PM on the day your rental starts. Our office closes at 4pm. If you are arriving after 4pm, please call to make prior arrangements for access to your vacation home. Check Out time is 10:00 AM prompt on your departure date, as the homes need to be cleaned and readied for the next guests. The hourly rate for holding over past 10 am is $100.00 per hour.
3. Two sets of keys will be distributed to the renter at our office upon check in and must be returned to our office upon departure. Keys not returned to our office may result in a $25.00 replacement fee and deducted from the security deposit.
4. Cleaning is included in the rent, however, we do ask you to clean the BBQ and fire pit after each use and upon your departure. Please leave the homes tidy, with the dishes done and your trash and fridge emptied. If extra cleaning is required we will need to deduct the costs incurred from your security deposit. Also, please remember it is your responsibility to keep the beach clean.
5. Please bring your own paper goods, laundry detergent, toiletries, etc. All homes are equipped with pillows, blankets, sheets & bath towels. Please bring your own beach towels, washcloths and kitchen linens. We do not guarantee the homes will have charcoal or propane for the BBQ; remember to check before doing your shopping! The garbage is picked up on Monday in the winter and Monday and Friday in the summer. Please call our office if the cans are full.
6. As indicated on your rental agreement, your security deposit will be charged for any damages and/or additional cleaning needed, including BBQ's, fire pits and beachfronts. Please use your personal cell phone or calling card to make long distance calls.
7. Exceeding the maximum occupancy of your rental at any time may result in your removal and loss of remaining rent and security deposit. We do not allow pets or smoking in any of our homes. Failure to comply may result in your removal and loss of remaining rent and security deposit.
Rental Agreement
ALL PAYMENTS ARE NON-REFUNDABLE (see cancellation paragraph). Your initial payment of 50% is a non-refundable deposit, payable by check, and is needed to confirm your reservation. All payments are due 60 days prior to your arrival along with said security deposit. The reservation may be canceled if payment is not received by this date.
CANCELLATION: In the event of a cancellation of all or part of a reservation for a property by Guest or by Capistrano Realty (Company), Company agrees to refund, or transfer, the rental deposits to guests, or other owner, only in the event that the subject property is re-rented for the canceled period under substantially the same terms and conditions as included herein. In the event of the foregoing, a refund of rent collected will be given less a 14% cancellation fee. Company and Guest shall make their respective best efforts to re-rent in the event of cancellation. It is understood by the parties that, should the owners of the property sell the property or otherwise remove it from the market and the owner will not honor the Rental Agreement, Company will use its best efforts to locate a like property at a similar price. If a property, satisfactory to Guest, in its sole discretion, cannot be made available, then all monies will be returned to the Guest. Guest agrees that Company will have no further obligation to the Guest.
SECURITY DEPOSIT: A refundable security deposit is required sixty days prior to your arrival payable by check to Capistrano Realty. Any damages and/or additional cleaning needed will be deducted accordingly. Guest is responsible for all long distant calls by way of calling card, cell phone, etc. Any long distance phone charges and/or excessive utility charges incurred will be deducted from security deposit as well. Allow up to 8 weeks for processing of refund.
OCCUPANCY: The maximum occupancy of this unit is indicated on your deposit letter under property information. A charge of $100 per person per day will be deducted from your security deposit if you exceed the maximum occupancy.
PARKING: Maximum parking spaces are also noted on deposit letter. The Capistrano Bay District may at their discretion limit the amount of vehicles to the maximum prescribed space. Parking passes must be visible at all times.
ABSOLUTELY NO PETS: If you bring a pet, this rental agreement will be forfeited, terminated and all deposits retained. Additional charges for deep cleaning will apply.
SUBLETTING: Guest is not authorized to let or sublet all or any part of the premises nor assign the lease or any interest in it without the prior written consent of the Owner or Company.
CONDITION OF PROPERTY: Our employees have, to the best of their ability, given an accurate description of the properties and its condition. We strongly urge you or a relative or friend, to inspect the property before reserving, otherwise it is considered as reserved "sight unseen". Our cleaning staff will have cleaned it before your occupancy. All electrical, plumbing and appliances should be in working order. When you arrive, if you find that the house has not been cleaned to normal standards please notify the office immediately. We will do our best to have tradesmen attend to the problems but may not be able to fix everything over holidays and weekends. Under no circumstances will any of the rental money be refunded or returned because of the condition of the house. The Guest agrees to hold the Owner and Agent harmless from any liability for the condition of the house. Due to the nature of ocean front properties, the sand, stairs, decks and concrete are not always stable. Use at your own risk. Please note there is an active railroad track on the opposite side of Beach Road that should be monitored if small children are present.
CLEANING & REPAIRS: All homes have cleaning included in the rent. Please note that cleaning does not include dishes, fire pits, BBQ's or the beach. If additional cleaning is required after you leave, it will be deducted from your security deposit. Guest agrees to keep house, furniture and furnishings in good order, to keep walks, patios swept and beach clean and free of debris. Removing, adding or changing furniture without Owner’s or Company’s written approval shall be deemed a material breach of this Rental Agreement, and is strictly prohibited. Guest is responsible for cost of replacement of any damage to furniture or premises and replacement of missing items. Under no circumstances can any furnishing or linen be taken outside onto the beach.
ENTRY OF PREMISES: With Guest’s permission, which is hereby given, Owner or Company may enter the premises during reasonable daylight hours without securing prior permission from Guest, but shall give Guest notice of such entry immediately prior if possible and immediately thereafter. For inventory and maintenance purposes a property management employee of the Company may need to enter the premises. The same permission procedure applies as above. In any emergency, Owner or Company may enter the premises at any time without permission of Guest for the purposes of making repairs to alleviate such emergency. If Guest abandons or vacates premises, Owner/Company may, at his option, terminate this agreement, re-enter the premises and remove all Guest's property.
ASSUMPTION OF RISK: No lifeguard will be on duty. Accordingly, persons using the ocean, pool or hot tub do so at their own risk and the owner and/or company assume no responsibility for accident or injury. No one should swim alone. Guest should have hot tub covered when not in use.
HOT TUB/JACUZZI: If your home is equipped with a hot tub we will do our best to keep it operational, however, we cannot guarantee its operation all or any of the time of occupancy. Guest to inspect on arrival. Company will not be responsible to clean it during Guests stay.
CHILD PROOFING: Guest understands that no special efforts have been made to “childproof” this house, and accept the risk or harm to any children we allow on the property. These risks are not limited to, but include access to the ocean, adjacent street, cleaning supplies in the house and plants in the house, patio and on the street, such as oleanders, that might be poisonous if ingested.
RELATIONSHIP OF PARTIES: It is specifically agreed and understood that the relationship between the parties herein shall be deemed to be of proprietor and lodger or Guest as opposed to a relationship of landlord/tenant. Guest specifically waives and make inapplicable to this lodging the provisions of California Civil Code Section entitled “Hiring of Real Property” as set forth in CC 1940-1945 et seq., and further specifically waives and makes inapplicable CCP 1159 re: forcible entry.
FURNITURE: All furniture must be returned to its original location on Guest's departure or an additional charge will be made.
RULES & REGULATIONS: Guest agrees to comply with all rules or regulations posted on the premises, delivered or otherwise made known to Guest by Owner, Company or Association. Failure to comply is grounds for termination of the Rental Agreement. Guest further agrees to perform the following obligations: (1) to keep the premises as clean and sanitary as their condition permits; (2) to dispose of all rubbish, garbage and other waste in a clean and sanitary manner; (3) to use and operate properly all electrical, gas and plumbing fixtures and pipes and to keep them as clean and sanitary as their condition permits; (4) to refrain from willfully or wantonly destroying, defacing, damaging, repairing or removing any part of the premises or facilities, equipped or appurtenances, or permitting any person on the premises to commit such acts; (5) Linens are included with most homes. Retrieve mail and personal items - $15 + postage. Returned Checks - $15; (6) if you bring a pet, this rental agreement will be forfeited and terminated, all deposits retained and additional charges will apply.
KEYS: Two sets of keys will be distributed to the renter at our office upon check in and must be returned to our office upon departure. Keys not returned to office may result in a $25.00 replacement fee and deducted from the security deposit.
SMOKING: Smoking is not allowed inside the property at any time. Smoking is permitted outside only. If there is evidence that smoking took place, Guest will be charged minimum of $350.00 for the required deep cleaning.
BEACH CONDITION: Guest understands that Capistrano Realty has no control over the condition of the beach and cannot be held liable for any changes to beach conditions or any closing as ordered by any official agency.
PERSONAL PROPERTY: Guest understands that any personal property of and used by Guest is not insured by Owner/Company and Owner/Company shall not be responsible for any lost, stolen or missing property of the Guest.
HOLDING OVER: Because of the nature of Company's business (short term winter and summer recreational rentals) Guest understands, and is hereby put on notice that any unauthorized "holding over" of the property past the stated rental period could severely jeopardize Companies business and cause loss of rental income from other previously booked guests, temporary and/or permanent loss of business, goodwill and reputation and, among other things, could force Company/Owner to breach an agreement with similar short term summer and winter recreational Guest(s) who may have reservations during Guest's unauthorized "holding over" period. In the event, Owner/Company may be legally liable in damages to said other guests. Guests should be aware that unauthorized "holding over" has been construed as a factor in establishing "malicious continuing occupation" of rental property, which may entitle Owner/Company to treble damages in any unlawful detained action. Guest also recognizes the unauthorized "holding over" could be grounds in court as a cause of action for intentionally interfering with Owner/Company's prospective business advantage. In addition, we will charge $100.00 an hour past 10:00 a.m. on day of check out.
REMEDIES: In the event of a default to the Rental Agreement, particularly, but not limited to Guests unauthorized "holding over" or those acts mentioned above in this agreement, and in addition to all other rights and remedies Landlord may have at law, Landlord shall have the option, upon written notice or as the Law may hereinafter provide, Owner or Company may immediately re-enter and remove all persons and property from premises. In such an instance, the Rental Agreement will be terminated, and Landlord shall be entitled to otherwise recover all damages allowable under the Law. The Guest, as part of the considerations of this special rental, in recognition that this property is booked in advance by other Guests throughout the year, hereby waives all claims for damages that might be caused by Owner/Company; re-entry and taking possession of premises or removing or storing furniture and property as herein provided, and will hold Owner/Company harmless from loss, costs and damages occasioned thereof, and no such re-entry shall be considered or construed to be a forcible entry as defined in the California Code of Civil Procedure or other similar statutory provisions. Further, if for any reason Owner is unable to deliver possession of the premises to Guest at the commencement of the term specified in the Rental Agreement, Owner or Company shall refund amounts paid by Guest, but shall not be liable for any other damages caused thereby.
ATTORNEYS FEE/DEFAULT: If any legal action or proceeding (including default, non payments, etc.) arising out of or related to this Rental Agreement is brought by either party to this Rental Agreement, the prevailing party shall be entitled to receive from the other party, in addition to all other relief that may be granted, the reasonable attorney's fees, costs and expenses incurred in the action or proceeding by the prevailing party.
INDEMNIFICATION: Guest agrees to indemnify and hold harmless Owner/Company for any liability arising before termination of this Rental Agreement for personal injuries or property damage caused by the negligent, willful or intentional conduct of Guest(s). This indemnification agreement does not waive Owner's duty of care to prevent personal injury or property damage when that duty is imposed by law.
SALE OF PROPERTY: The Owner may at anytime list and sell the property. If the Owner enters into a sale agreement that requires that the property to be turned over to a buyer, it may require that this contract by canceled. In the event all funds will be returned to the guest without deduction. We will advise you as quickly as possible using our best efforts to relocate you in another suitable property.
SALE OR RENT OF PROPERTY TO GUEST: Guest agrees that in the event the Guest, a relation or friend, purchases the premises then the Company will be entitled to a commission of 3% of the sale price. If the Guest, a relation or friend rents the property from Owner or other agent, Company will be entitled to a 15% commission on the total rent for each and every occurrence, to be paid by Guest.
PRIOR AGREEMENTS: No prior agreement or understanding not contained in writing herein shall be effective. Furthermore, Owner/Company, other than what is specifically written and set forth herein, makes no other or further representation regarding the nature, character and quality of the premises to be rented, and no representation shall be deemed to exist or be material unless and until it is reduced to a writing and signed by the parties. This Rental Agreement may be modified in writing only, and must be signed by the parties in interest at the time of the modification. It constitutes the entire agreement of the parties. If any provision in this contract held by any court to be invalid, void or unenforceable, the remaining provisions shall never the less continue in full force.
GOVERNING LAW AND VENUE: It is expressively agreed that the exclusive governing law, including the laws covering this agreement, is to be the laws of the State of California only, irrespective of the state of residency of Guest. The sole and exclusive venue (i.e. place where lawsuit may be filed) for any legal proceedings shall be the California State Court, either Superior or Municipal, in Orange County, California. Guest expressly waives any other right or privilege with respect to the election of venue or court (i.e. state or federal) and location of the venue of action.
| 
