Vacation rental contract - fine print & other interesting information - 190102.

1. AGREEMENT: Contact is between Judith & Buck Hoelscher and the receiver of this contract, herein referred to as Responsible Guest for the Vacation Rental, The Tudor Rose Manor located at 208 Venetian Rd, Aptos CA 95003. The Responsible Guest is an adult over the age of 25 and WILL BE an occupant of the Tudor during the entire reserved period. If all other guests are under the age of 25, there must be a minimum of 1-adult over the age of 25 per 4 other under-age guests that will be staying and sleeping in the home. The term Guests includes all of the occupants that are with the Responsible Guest. Other occupants may be family members, friends or children under the Responsible Guest’s direct supervision. Use of the premises is denied to persons not falling within the foregoing categories. If any Guests are reported as being obnoxious to the neighbors including, but not limited to being noisy after the 10pm county-wide noise curfew, all Guests will have to vacate the property immediately without any refund of deposit or payment.


2. CHECK IN: Check in time is 3:00 PM. Early check-in times are allowed only when the Home is cleaned and ready for occupancy and payment has been made for early check-in. PRIOR APPROVAL IS REQUIRED and there is a $100 fee per hour for this request as we have to alert all Housekeepers & Maintenance people that the property will not be available at the usual time. Keys will be ready for pick up at property location in a lock box near the front & back doors. The combination WILL NOT is issued with a balance owing. Keys may not be copied. Most of our Guests find it is more convenient to leave the walk-around keys at the Home & just use the combination box’s key to enter. Please be careful not to lock doors if you have not replaced the lock box’s key, but if you do, we have extra keys on the property in a secondary lock box, the combination of which will be given in an emergency by calling our local phone number lines listed at the bottom of this contract.


3. CHECK OUT: Check out time is 11:00 AM. Please leave all keys, remote controls, etc. on the kitchen counter or in the place you found them. A $100 per hour fee will be charged for each hour (or portion thereof) past the required check-out time if the housekeeper(s) arrive and do not have a vacated home to start cleaning. We often have Guests arriving the same day and the Housekeepers may have only a 4-hour time frame to make the Home ready for the next Guests. A $100 per item fee will be charged for each lost key and remote control. Please be sure to lock all door and windows as you would want done in your home.


4. SECURITY WAVIER or HOUSEKEEPING CHARGE (HK): Guests are still responsible for leaving everything AS IT WAS FOUND. There is a short list of what is to be done in each home, which can be found on both refrigerators. Neither of these costs are refundable. If the house is left trashed (kitchen a mess, beds not stripped, plates of food left everywhere etc.) the Responsible Adult will have a detailed bad review reported to the booking agency which will make it difficult for that person to rent homes in the future. If you have any questions about how the home is to be left, please call or text to the phone numbers at the bottom of this contract. Most of our guests are wonderful and we welcome them back with a Return Guest Discount of 5% off their next stay!

5. The deposit is due WITHIN 4 DAYS of making your reservation. FAILURE TO RECEIVE YOUR MONIES WITHIN THE 4-DAY PERIOD MAY RESULT IN CANCELLATION OF YOUR REQUESTED RESERVATION. Please notify Judith & Buck Hoelscher by phone or email when you have sent a check. Reservation may also be paid for by using American Express, Visa, Mastercard or Discover. Responsible Guest is liable for all replacements and repairs that are outside what is considered normal wear and tear. There will be a $200 charge if smoking has been done in the home or if the ashes, etc. are put into an inside trashcan. Please put all smoking trash, including ashes, directly into the brown garbage can outside. The $65 Security Wavier Fee does NOT cover this charge, as smoking is not considered accidental.
6. ADDITIONAL FEES: Please see the Paragraph #9 for information on the optional Lodging Protection Plan Insurance and other items that may be of interest.
7. CANCELLATION, RESERVATION & PAYMENT POLICY: Payment for the full amount of the Reservation MUST BE RECEIVED 60 DAYS PRIOR TO ARRIVAL DATE or it may be cancelled. Reservations cancelled after monies have been processed are not refundable, which is why we recommend buying the Lodging Protection Plan in Paragraph 10.
8. SORRY, NO REFUNDS DUE TO: Any inconvenience of an appliance not working or street construction noise. If the home is not suitable for some justified reason, Judith & Buck Hoelscher will endeavor to find an alternative lodging but cannot guarantee that that will be available. Judith & Buck Hoelscher have a maintenance crew available and will work to fix any problem within 24 hours, but there may be parts that have to be ordered which may delay this resolution. Just as in your own home, these events are a part of living in a home and we will do everything in our power to minimize their impact.
9. CANCELLATIONS – A Reservation can be cancelled but there is NO REFUNDS after monies have been processed. Please be sure that this home will work for your group. There are no acceptable reasons for cancellation which would create a refund, so PLEASE consider buying the Cancellation Insurance in the next paragraph. This cancellation notice has been proven to be lawfully upheld as each time a payment is made, the notice of NO REFUNDS is very visible.
10. CANCELLATION INSURANCE: To avoid having to pay for any of the above, please consider buying the Guest Cancellation Insurance noted on the Payment Schedule. Then, no matter what happens (almost) and you cancel 24 hours before arrival; you will get your Reservation payment returned. Call the Lodging Protection Plan Insurance for full details at 1-800-554-9839

11. Please also feel free to contact our office anytime from 7/24/365 if there is anything else we can do to facilitate any repair. For after office hour’s numbers, please call phone numbers at bottom of contract. Do not send an email as they are not likely to be replied to as quickly as a phone call. You can also text.
12. OTHER LONG TERM RENTALS: Homes that are rented for more than 30 days in other areas will be rented to the Guests directly by the Owner, and they will be making their payments directly to the Owners, including a 60% of the monthly rent deposit. Judith & Buck Hoelscher only provide this finder’s service as a courtesy to our homes that also rent on a short-term basis. Guest must sign a Long Term contract provided by the Owner as well as this Vacation Rental contract. Long term guest must abide by all the normal rules of a short-term vacation rental and a possible eviction will be as a Vacation Rental, not a Full Lease home. BE SURE YOU READ AND SIGN BOTH COPIES.
13. YOUR LIABILITY: You as the Contract receiver, agree to accept liability for any damages caused to the property (other than normal wear and tear) by your guests, including, but not limited to, landscaping, watermarks or scarring of hardwood floors, misuse of appliances, and/or equipment furnished. If accidental damages are in excess of the security wavier limit of $500, you hereby agree to reimburse the Owners for costs incurred to repair/replace damaged item. It will be up to the Property Manager to decide whether the damage was accidental and covered by the Security Wavier or malicious mischief.
14. HOLD HARMLESS: Judith & Buck Hoelscher or the Owners do not assume any liability for loss, damage or injury to you or your guests or their personal property. Neither do we accept liability for any inconvenience arising from any temporary defects or stoppage in supply of water, gas, and electricity, outside construction noises or plumbing. Nor will Judith & Buck Hoelscher accept liability for any loss or damage caused by use of Homes equipment, street construction, adverse weather conditions, natural disasters, acts of God, or other reasons beyond its control. On rare occasions, the owners of the home may have to refuse a reservation due to their personal circumstances, i.e.: illness, selling the home, or other unforeseen reasons. Judith & Buck Hoelscher will immediately work with you to find an alternative home, but if it does, we will return any funds that we have taken for your reservation. We do encourage you to purchase of Lodging Insurance that will reimburse you if many of the above happen. Call the Lodging Protection Plan Insurance for full details at 1-800-554-9839.
15. WHAT IS SUPPLIED: All Homes are equipped and set up as a fully furnished property that will include bedspreads, linens, blankets, pillows, bath towels (but not necessarily, beach towels), as well as a full kitchen, TV, furnishings, BBQ grills, and outdoor furniture. All Homes have different amenities; please ask before confirming the reservation. The Home may not have all the items that you may be accustomed to having in your own home, so if there is an item you are accustomed to using such as a special type of cooking utensil, etc. please bring them with you. There will be charges against your Security Deposit or Credit Card for replacement of any missing items from the Home. Please especially avoid accidentally packing our Towels, Pillows or Hangers. Thanks.
16. WHAT YOU SHOULD BRING: Items like favorite bath soaps, shampoos, beach towels & other personal effects, favorite cooking stuff and be prepared for a wonderful time.
17. TELEPHONES: The telephone at the home may be used to make as many FREE local calls as you wish. BUT you and your guests must use a cell phone, credit card or call collect when making long distance calls, as all phones are long-distance restricted. An answering service is often provided free of charge.
18. SLEEPING CAPACITY: The maximum number of guests who are allowed to stay overnight is listed on our website per each Home. Do not think that this means that you can have guests staying in sleeping bags etc. (Especially since sleeping bags can bring in bugs.) It is against Santa Cruz County rules, plus it is defrauding a landlord to have more than the agreed number of guests stays overnight, as the owners have the right to know how much usage will be placed on their home per reservation. Beds & Linens are provided for the number of overnight guests allowed.
19. PARKING: Parking near a beach is always a challenge, so we encourage you and your guests to carpool. Most Homes have a maximum of 2 off-street parking spaces. Larger homes have more parking spaces and information about parking will be included with the directions to the home that are sent by email. Under no circumstances are Buses allowed to park at any of the homes. If you are transporting guests in a bus, please contact us for suggestions as to where to park it.
20. PETS: We understand pets are part of the family and that is why our Homes allow pets. However, you MUST clean up after your pet. That includes properly disposing of all waste material and watering the area after solids are removed so that the vegetation doesn't die. Please do not have them use the AstroTurf. There is an alley across the street from the Tudor which most dogs find very appealing for going to potty. You must also maintain control of your pet. Any complaints from neighbors regarding excessive noise or other nuisances may be cause for immediate termination of the lease and forfeiture of your reservation payment. It has been noted by neighbors that some dogs are very unhappy when left in a strange place by their owners, so we ask you to test your dog by going away for a short time and listening to their reaction. If they are barking, please leave them in the bathroom of Home, not outside where they’ll be less likely to disturb anyone else. Also, because we do allow pets, people with allergies should be aware of the fact. There are NO PETS Allowed in some Homes, so please check!! IF OUR HOUSEKEEPERS HAVE TO CLEAN UP PET WASTES THERE WILL BE A $200 CHARGE.

21. HOT TUB & PATIOS: You hereby acknowledge that the property that you have reserved includes a hot tub, and you and your guests are fully aware that the hot tub and surrounding patio/deck can be dangerous. The deck/patio can be slippery when wet, and that injury is likely to occur to anyone who is not careful. Always have children under the age of 14 adult supervision when they are using the tub. Our neighbor’s most frequent objection is the amount of noise generated by guests in the SwimSpa. PLEASE MAKE IT A GAME TO WHISPER IN THE TUB so we don’t get irate phone calls from the neighbors.
22. CLIFFS: You hereby acknowledges that a large section of the beach-fronts on West Cliff and East Cliff Drives in Santa Cruz and other areas are filled with `rip-rap` (a foundation of large rocks piled together to prevent erosion), which is not designed for walking, climbing or sitting. The undersigned is fully aware that the `rip-rap` is jagged, unstable, dangerous, and slippery when wet and injury is likely to occur to anyone who attempts to walk, climb or sit thereon. With full knowledge of the above facts and warnings, the undersigned accepts & assumes all risks involved in or related to being on the `rip-rap`.
23. BICYCLES: The bicycles, that are provided are regularly maintained, but they, like all mechanical items can break. We encourage you to bring your own helmet, as the ones that are provided may not fit as nicely as your own. Judith & Buck Hoelscher assume no responsibility for the use of the bicycles and encourage you and your guests to bring their own or rent from one of the local bike shops especially if they are planning a long bike ride. If there is a mechanical failure of the bike, we will replace it, usually within 24 hours if you call any of the phone numbers listed at the bottom of this contract. Please remember, you ride at your own risk.
24. VACATE & FORFEITING RULES: You and all other guests will be required to vacate the premises and forfeit the rental fee and any security deposit for any of the following:

a. Occupancy exceeding the sleeping capacity stated on the reservation confirmation after 10 PM.
b. Using the premises for any illegal activity including, but not limited to, the possession, serving or consumption of alcoholic beverages by or to persons less than  21 years of age. (California State Law)
c. Causing damage to the Home rented or to any of the neighboring properties.
d. Having pets in homes that do not allow pets.
e. Any other acts which interfere with neighbors` right to quiet enjoyment of their property including any loud noises especially after 10 pm (Santa Cruz County Curfew law), but also at other times. (We have neighbors who get up early, so please be considerate & especially keep the talking in the hot tubs, or outside, late at night. to a minimum) and close the windows and doors to minimize transference of inside noise.
25. CLEANING & LEAVING: Each property will be inspected, sanitized and cleaned before you arrive and after you depart. You are to leave the property in the same general condition that it was received, by making sure that:
a. Your used dishes are done and put away.
b. The used towels are put in the laundry and starting washing would be appreciated as they take a long time to dry.
c. Pull the used sheets off the bed but leave in the room they were used.
d. All personal belongings are collected, especially chargers for cell phone, video cameras, games, etc.
e. At 10:30 am on the day of departure, please have someone assigned to double-check all bedroom closets & drawers. If they find anything that belongs to the group, please have it placed on the downstairs Family Room table to be claimed and taken home.
f. Pet leavings have been disposed of and the area they used, sprayed off with the hose.
g. Any heating has been turned off or down to 55 degrees.
h. All furniture has been replaced to where it is found and the home is generally picked up and ready to be vacuumed, dusted and sanitized.
i. We would also appreciate it if you would sign-in on the Guest log listing the fun things you did that others might enjoy - Thank you
26. IF ADDITIONAL CLEANING IS REQUIRED AND HAS NOT BEEN RESERVED IN ADVANCE: Appropriate charges will be charged to your credit card at the rate of $50 per hour. Judith & Buck Hoelscher will contact you if this additional charge is necessary. Remember NO SMOKING inside Home or any smoking waste products are NOT to be disposed of in any inside trashcan. They must be directly deposited in the Outside Brown Garbage can. A charge of $1000 will be levied if this rule is broken as it means that all curtains & furnishing must be dry-cleaned. The $65 Wavier Fee does NOT cover this charge as smoking is not accidental.
27. ADDITIONAL TERMS AND CONDITIONS: You, for yourself, your heirs, assignors, executors, and administrators, fully releases and discharges Judith & Buck Hoelscher from any and all claims, demands and causes of action by reason of any injury or whatever nature which has or have occurred, or may occur to the undersigned, or any of your guests as a result of, or in connection with the occupancy of the premises and agrees to hold Judith & Buck Hoelscher. The Home Owner is also free and harmless of any claim or suit arising therefrom. In any action concerning the rights, duties or liabilities of the parties to this agreement, their principals, agents, successors or assigns the prevailing party shall be entitled to recover reasonable attorney fees and costs.
28. PAYMENT: BY CHECK: If you pay by personal check, and the check is returned for NSF there will be a $100 service charge. Combinations to the lockboxes will not be issued until the check has successfully cleared the bank. Checks should be made payable to Judith Hoelscher.
29. MAILING ADDRESS: Send the page of this document with your information on it along with the security deposit check or wavier fee and/or full payment check should be mailed to the following address: Judith & Buck Hoelscher, 1970 Cox Rd, Aptos CA 95003. Receipt of the check will be confirmed by a returned email unless you request that it is mailed.
30. Judith & Buck Hoelscher appreciate being notified by phone if the confirmation has not arrived. Please keep a copy of this contract with you during your stay for all emergency phone numbers & other information.
31. Please remember the person who is approving this contract must be over 25 years and will be not be sleeping elsewhere, the full time that it is rented. If you have any questions about this contract, please contact us using the phone or emails listed and the end of this contract.
Judith or Buck Hoelscher
1-831-212-4435 or 831-684-1312
Call 831-435-3608 and leave a message for Geri for maintenance issues.
1970 Cox Rd, Aptos CA 95003