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Terms & Conditions

<p><br><em>Please do not proceed with a booking if you are not comfortable with these policies<br></em></p> <p><strong>1. RESPONSIBLE PARTY:</strong></p> <p>“Guest” is an adult at least 25 years of age and will be occupying the home during the entire reserved period unless other arrangements are approved in writing by San Diego Escapes. Guest and occupants’ government issued I.D. must be presented upon request. Guest assumes responsibility for the actions of all occupants and visitors to the Home. No keys or entry code will be issued to anyone who is not an adult at least 25 years of age. Any reservation found to be obtained under false pretense will be subject to forfeiture of all payments and deposits and the party will be required to vacate the property immediately.</p> <p><strong>2. CANCELLATION:</strong></p> <p>Should Guest wish to cancel their reservation, the notice of cancellation must be in writing and Guest is responsible to verify receipt and confirmation in writing from San Diego Escapes.</p> <ul> <li>For notice received thirty (30) or more days prior to the check-in date, San Diego Escapes will refund 100% of payments received, less a 3% administrative fee.</li> <li>For notice received less than thirty (30) days prior to check-in date, San Diego Escapes will refund 50% of payments received of the rental amount and tax. Insurance is non-refundable.</li> <li>For notice received fifteen (15) days or fewer prior to check-in date, Guest will be liable for 100% of the contracted amount less tax, cleaning fees and Vacation Rental Damage Protection. Insurance is non-refundable.</li> </ul> <p>There are no refunds for early departures, delayed arrivals, construction activity, inclement weather, or reduction in the number of nights reserved for any reason. Trip cancellation insurance is highly recommended. If the Home becomes unavailable or unsuitable for rent for any reason whatsoever, including but not limited to, casualty loss, construction, noise, physical deterioration, or loss of utility services, the San Diego Escapes’s liability will be limited to the return of all monies paid on account at the time of cancellation by the San Diego Escapes. In the event San Diego Escapes cancels the reservation; San Diego Escapes will attempt to substitute the Home with a like-kind. All monies received will be refunded to Guest within 7 business days of confirmation of notice of cancellation.</p> <p><strong>3. TERMINATION:</strong></p> <p>San Diego Escapes or its agent has the right to inspect and photograph the condition of the premises without prior notice at any time to enforce the terms of this agreement. Should Guest or any occupants violate the terms of this Agreement, Guest shall waive all rights to due process for failure to vacate the premises upon termination. Guest is notified that all individuals occupying the Home will be subject to immediate eviction procedures under State law. San Diego Escapes or its agent may enter the premises and remove Guest, the members of Guest’s party, and their belongings. Noise disturbances or use of the Home for any 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 homeowner’s association, are prohibited.</p> <p><strong>4. RENTS AND PAYMENT TERMS:</strong></p> <p>50% of the total amount is due for reservations received more than 60 days prior to the arrival date. 100% of the balance is due 60 days or less from the arrival date. Accepted forms of payment are major credit cards, cashier’s checks or personal checks. Rates are subject to change and no refunds are given in the event advertised rental rates are reduced. If a discrepancy arises between information or rates quoted verbally, on the website, email or otherwise, the rate on the reservation will prevail. In the event incorrect information or rates are quoted due to a typographical or other error, San Diego Escapes shall have the right to refuse, cancel or limit any reservations listed incorrectly.</p> <p><strong>5. SECURITY DEPOSIT / VACATION RENTAL DAMAGE PROTECTION (VRDP):</strong></p> <p>Guest is offered VRDP at the time of booking. If during the dates of occupancy, Guest causes any damage to real or personal property of the Home or premises as a result of inadvertent acts, and the total cost of damage is not covered by a Security Deposit, the VDRP will be applied to cover the additional cost of repair or replacement of such property up to a maximum benefit of $3,000.00. Guest must notify San Diego Escapes of any damages prior to check out for the VRDP to apply. Any repairs or replacement costs not covered by the VDRP will be charged to Guest. San Diego Escapes may impose a refundable Security Deposit in addition to the VDRP at any time prior to or during the dates of stay. The Security Deposit may also be withheld or surrendered should Guest violate any terms of the agreement, including noise disturbances. The Security Deposit less any deductions will be returned within 14 days of the departure date. If damaged real or personal property is deemed by San Diego Escapes to be intentional or because of negligence, reimbursement will not be covered by the VRDP and will be deducted from the Security Deposit or charged to Guest. Should San Diego Escapes be unable to recover costs of repairs or replacements from the Security Deposit or credit card on file, Guest is responsible to provide an alternative method of reimbursement within 48 hours of notification. The VRDP does not cover missing items or damage from pets or allergy/flea/smoking remediation.</p> <p><strong>6. RESERVATION TRANSFERS:</strong></p> <p>Should Guest need to transfer the reservation to a substitute Guest, substitute Guest must be approved by San Diego Escapes and agree to all current terms and conditions. A $150 transfer processing fee will be applied to the reservation.</p> <p><strong>7. CHECK-IN:</strong></p> <p>Check-in time is 3:00 PM. Early check-in is allowed only with prior written approval. 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 an early check-in, Guest will be notified prior to their arrival. 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 San Diego Escapes upon arrival so we may ensure the Home is to your satisfaction.</p> <p><strong>8. CHECK OUT:</strong></p> <p>Check out time is 11:00 AM. PRIOR WRITTEN APPROVAL IS REQUIRED from San Diego Escapes for late check-out. Cleaning and maintenance are pre-scheduled, so adhering to the Check-Out Time is very important. A fee will be charged for each hour (or portion thereof) past the required check out time and Guest will be liable for any additional damages incurred, but not limited to the cost of supplying alternative accommodations for arriving guests.</p> <p><strong>9. CHECK OUT / CLEANING PROCEDURES:</strong></p> <p>Each Home will be inspected, sanitized, and cleaned prior to your arrival and after your departure. Guest should leave the Home in the same general condition at Check-Out meaning:</p> <p><br>a) Rubbish and discards removed or placed in the garbage.<br>b) Cooking and other messes cleaned up and dishwasher started.<br>c) Put back any furniture or items that have been moved to its original place you found it at Check-In (inside and outside the home).<br>d) Place garage remote(s) on the kitchen counter. Please leave all other remote controls left in plain sight.<br>e) Turn-off all lights, heater/air conditioner, fans, appliances, etc.<br>f) Make sure all doors and windows are closed and locked.<br>g) If the home is equipped with a lockbox, please return keys to the lockbox after locking up.</p> <p>The cleaning fee is for a standard cleaning only. If the home was left in a state that</p> <p>requires additional cleaning, fees will be charged to Guests credit card on file. A $25</p> <p>per item fee will be charged for each missing key and $75 for each garage door opener</p> <p>and remote control that is not left at the Home upon check-out.</p> <p><strong>10. OCCUPANCY:</strong></p> <p>Guest understands and agrees that Home shall be occupied by no more than the number of individuals (including children and infants) indicated on the reservation, and day/evening guests are limited to 4 persons. A minimum charge of $50 per day per person may be imposed for unauthorized excess occupancy. All-day/evening guests must vacate the premises by 10:00 p.m. Should Guest wish to entertain or have more than 4 guests; Guest must obtain pre-approval by San Diego Escapes in writing.</p> <p><strong>11. AMENITIES:</strong></p> <p>The Home is fully furnished, and includes ready-made beds, 1 set of bath towels per guest, and a fully equipped kitchen. Furnishings and amenities are not new and may exhibit signs of wear and tear. Amenities and furnishings are subject to change and may or may not be the exact same as represented in photos due to replacement, substitution, or other reasons. San Diego Escapes provides a starter kit of soaps, dish detergent, laundry soap, shampoo, toilet paper, paper towels, and other dispensable items. Since a limited supply is provided, Guest should plan to shop to replenish these items if necessary. San Diego Escapes assumes no responsibility for the quality or contents of any food products left on the premises. Guests use and/or consumption of the items shall be at Guest`s own risk(s). Towels (except beach towels) and linens are not to be taken from the Home.</p> <p><strong>12. LANDLINES:</strong></p> <p>Landline phones are not customarily provided. Emergency medical, fire and police service can be called by dialing 911 on a mobile device. Please consult with San Diego Escapes if you are concerned with cell phone signal strength.</p> <p><strong>13. DISTURBANCES:</strong></p> <p>Guest and their guests shall behave in a civilized manner and shall be good neighbors, respecting the rights of the surrounding neighbors, and shall not create noise or disturbances that interfere with the quiet enjoyment of their property. Outdoor noise or noise carrying outside from inside the home should be kept to a minimum regardless of the hour and in compliance with the local Noise Ordinance.</p> <p><strong>14. GUEST`S NOTIFICATION RESPONSIBILITIES:</strong></p> <p>Guest must notify San Diego Escapes upon arrival to the home. Upon arrival, Guest shall examine the Home, all furniture, furnishings, appliances, fixtures and appearance of the property, and shall report any deficiencies upon discovery. Guest also agrees to immediately notify San Diego Escapes of any occurrences that may cause damage to the property or adjacent Homes and to take any necessary measures to mitigate damage. Otherwise, Guest may be responsible for damages for failure to do so. Guest acknowledges that unless San Diego Escapes is notified on the day of check-in of any damage or cleaning concerns, Guest will be liable. All damages, breakage, lost or missing items during the occupancy will be Guest`s responsibility and must be reported to San Diego Escapes prior to departure.</p> <p><strong>15. MULTIPLE HOME RENTALS:</strong></p> <p>Should Guest or acquaintance of Guest rent another home in proximity to the Home, no items shall be moved from home to home. Because of wear and tear, plumbing, and noise considerations, no more than 4 guests from either home should occupy the other.</p> <p><strong>16. GARBAGE:</strong></p> <p>Guest shall place all food scraps in the garbage and not sinks. All waste generated during the rental period must be disposed of in a lawful manner in trash bags and in the receptacles provided. Guest is cautioned not to leave trash outside for long periods of time because it attracts pests. Contact San Diego Escapes for any hauling needed or concerns.</p> <p><strong>17. SUBLEASING:</strong></p> <p>Guest is not permitted to sublet the property. </p> <p><strong>18. SMOKING:</strong></p> <p>No smoking is allowed on the premises. If smoking does occur on the premises, Guest may be evicted and is financially responsible for all damage caused by the smoking including, but not limited to, stains, burns and the cost of odor remediation and removal and replacement of damaged property.</p> <p><strong>19. PETS:</strong></p> <p>Pets are prohibited unless otherwise approved and a signed Pet Addendum and a Pet Fee has been submitted in advance of occupancy. If an unauthorized pet is found on the premises, Guest may and/or pet may be evicted and Guest is responsible to remedy any and all pet damages and the cost of remediation, including pet allergen remediation, flea remediation and reimbursement to San Diego Escapes. This includes any refunds or costs necessary to relocate or compensate for the relocation of future guests until remediation is completed.</p> <p><strong>20. TRANSIENT OCCUPANCY:</strong></p> <p>Guest expressly acknowledges and agrees that this Agreement is for transient occupancy of the Home and that Guest does not intend to make the Home a residence or household.</p> <p><strong>21. OWNERS PROPERTY:</strong></p> <p>Guest agrees not to access the owner`s storage area, even if unlocked, which contains the owner’s personal property and may contain cleaning supplies and chemicals that could be hazardous to children and adults.</p> <p><strong>22. FIRE EXTINGUISHER:</strong></p> <p>The Home is equipped with a minimum of one (1) fire extinguisher. It is the duty of the Guest to locate fire extinguisher, notify all other occupants of the location, and inform management immediately should the fire extinguisher be missing, or be less or become less than fully charged.</p> <p><strong>23. SMOKE DETECTORS/ CARBON MONOXIDE DETECTOR:</strong></p> <p>The Home has smoke detectors and a carbon monoxide detector installed and they are believed to function properly at the time of rental. Guest will notify management without delay if detectors are missing, uninstalled, “chirps” or have a low battery condition.</p> <p><strong>24. PARKING:</strong></p> <p>Guest is advised that in many high-density beach communities, parking is at a premium and alleyways, garages and parking spaces can be smaller than normal. Guest is advised to ask for measurements if parking is needed. No refunds will be given if vehicles do not fit in designated spaces. Please verify the dimensions of spaces and vehicles.</p> <p><strong>25. SECURITY:</strong></p> <p>Guest shall see to their own safety and Security. Guest is to tend to the Home security by locking doors, windows, garage doors, etc. when it`s prudent to do so and always when the home is unoccupied.</p> <p><strong>26. NEW LOCKS OR ALTERATIONS:</strong></p> <p>Guest shall not make or permit to be made any alterations to the Premises or change or add any lock without the prior consent of San Diego Escapes.</p> <p><strong>27. LOST ITEMS:</strong></p> <p>San Diego Escapes shall bear no responsibility for lost, stolen or abandoned items. Every reasonable effort will be made to contact the Guest for return. There will be a minimum $25.00 handling charge plus shipping costs for any found items returned at Guest`s request. San Diego Escapes shall not be held liable for the condition of said items. Any items not claimed for longer than 30 days may be donated or sold.</p> <p><strong>28. TV/CABLE/INTERNET/SATELLITE:</strong></p> <p>Services are provided as a convenience only and are not integral to 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 in regard to service.</p> <p><strong>29. AIR CONDITIONING / HEATING:</strong></p> <p>For Homes equipped with air conditioning, and if not regulated otherwise, Guest agrees that Air conditioning shall not be set below 72 degrees and heat shall not be set above 78 and that the fan setting shall be “Auto”. Doors and windows shall be closed when either heat or air conditioning is in operation. There are no refunds for lack of or malfunctioning HVAC Homes.</p> <p><strong>30. POOL AND SPA:</strong></p> <p>If so equipped, spa heating is included. Pool heating, unless solar equipped is an additional fee and must be paid for prior to use. Guest agrees not to tamper with pool heat controls or manipulate heater in any way. Pool heat shall not exceed 86 degrees. Guest understands that the area surrounding the pool and spa may not be fenced or secure. Guest also understands and agrees to be responsible and liable and will pay San Diego Escapes upon request for any damages that occur to the pool and spa and related systems because of tampering, misuse, and/or negligence.</p> <p><strong>31. CHARGING ELECTRIC VEHICLES:</strong></p> <p>Utilizing electrical outlets to charge vehicles is prohibited without preapproval in writing. Guest will assume any and all liability and be subject to additional fees in this event.</p> <p><strong>32. SYSTEM(S) / FURNISHING / AMENITY FAILURES:</strong></p> <p>In the event, the rental Home 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, furnishings or amenities, San Diego Escapes will make every reasonable effort to repair or replace the failed system or equipment, and in such event, Guest agrees to permit San Diego Escapes or its service provider to have reasonable access to the Home to inspect and make such repairs. Neither the homeowner nor the San Diego Escapes shall be liable to Guest for damages, and no refunds will be given for such failures.</p> <p><strong>33. NOISE AND NOISE TRANSMISSION:</strong></p> <p>Guest is aware that Home is in a populated area and it is, therefore, subject to noise from nearby residences/businesses/traffic and or construction. If Home has common walls, ceilings, or floors, noise will likely travel between and cause disturbance to Guest from other residences.</p> <p><strong>34. OTHER OCCURRENCES:</strong></p> <p>San Diego Escapes does not accept liability for any loss or damage caused by but not limited to the following: weather conditions, natural disasters, pests, construction disturbances, pandemics, acts of God, or other reasons beyond its control. There shall be no refunds of rents because of shortened stays, ruined expectations, or departures due to work and family emergencies, illness, unavailability of any or all parts of the Home, or any other reasons. It is highly recommended that Guest purchases travel insurance.</p> <p><strong>35. SALE / LEASE OF HOME:</strong></p> <p>If Home is actively listed for sale or lease, San Diego Escapes may notify Guest to schedule and show Home.</p> <p><strong>36. WAIVER OF LIABILITY:</strong></p> <p>The spa, hot tub, Jacuzzi, whirlpool, pool, sauna, pond, decks, railings, bunk beds, etc. herein referred to as Special Features. If so equipped, it is the Guest`s responsibility to practice and explain safety precautions to other occupants. Guest understands that there are special risks involved for anyone, particularly children who are not carefully supervised, person(s) intoxicated, on any kind of drugs or medication, with health risks, or if pregnant. Guest agrees to explain the risks of the presence and use of Special Features to all occupants at the Home. Guest agrees to instruct all guests on-premises to not access any off-limit, or unsafe sections of the property including roof-tops. Swimming pools and spa may not be fenced. Even if so, special care should be taken. Guest agrees to assume all responsibility to make all occupants aware of risks and for the consequences of those risks and to be fully and solely responsible for any accidents that may occur. Guest agrees to waive any claim whatsoever against the homeowner or San Diego Escapes for accidents or claims.</p> <p><strong>37. RESERVATIONS ARE NOT FULLY GUARANTEED:</strong></p> <p>If for any reason, the Home is not available or becomes unavailable or uninhabitable for the reservation dates, every effort will be made to locate substitute accommodations. If the substituted Home rents for more for the same period, or remaining period respectively, Guest will have the option to pay any additional charges or cancel the reservation within 72 hours of notification of Guest by San Diego Escapes. However, if the substituted Home rents for less for the same period, the difference will be refunded to Guest. In any event, the sole remedy for any perceived damages, liability, or inconvenience is a full refund of the rental amount upon Guest cancellation. It is highly recommended that Guest considers the purchase of travel insurance.</p> <p><strong>38. SAN DIEGO ESCAPES AS AGENT:</strong></p> <p>It is mutually understood and agreed that San Diego Escapes is acting as Agent only for the homeowner and has no liability to either party for the performance of any terms or covenant of this agreement. Furthermore, Guest understands San Diego Escapes is being compensated in this transaction by the homeowner and is contractually obligated to protect the interest of the same. San Diego Escapes hereby discloses to Guest that should Guest elect to purchase travel insurance protection or damage insurance through San Diego Escapes, San Diego Escapes may be compensated by the provider(s) for cooperation in the transaction.</p> <p><strong>39. HOLD HARMLESS:</strong></p> <p>The Guest and all occupants shall hereby indemnify and hold harmless the San Diego Escapes and the homeowner against any and all claims of personal injury, property damage, or loss arising from the use of the premises regardless of the nature of the accident, injury or loss. Guests also 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 Guests, and that Guests should purchase their own insurance if such coverage is desired.</p> <p><strong>40. ADDITIONAL TERMS AND CONDITIONS:</strong></p> <p>The undersigned, for himself/herself, his/her heirs, assignors, executors, and administrators, fully releases and discharges San Diego Escapes 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 San Diego Escapes and Owner 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 assignees the prevailing party shall be entitled to recover reasonable attorney fees and costs.</p> <p><strong>41. WRITTEN EXCEPTIONS:</strong></p> <p>Any exceptions to the above-mentioned policies must be approved in writing by San Diego Escapes in advance.</p> <p><strong>42. DISPUTES:</strong></p> <p>Any 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 San Diego County court in California in which county the Home is located. Both parties’ consent to the exclusive venue and jurisdiction of such court. Guest agrees to pay all reasonable costs, attorney`s fees and expenses that shall be made or incurred by the San Diego Escapes enforcing this agreement.</p> <p><strong>43. SIGNATURES</strong></p> <p>Email and electronic signatures are deemed original signatures and approving online terms and conditions constitute approval of the terms and conditions.</p> <p><strong>44. CREDIT CARD AUTHORIZATION:</strong></p> <p>Guest agrees to provide a valid credit card on file for the duration of the reservation. Guest is providing the credit card as a guarantee. Guest certifies that he/she has read and agrees to abide by the terms of this agreement, and agrees to pay and authorize San Diego Escapes to charge any rental amounts, taxes, security deposits, extra cleaning, missing property and any damages not covered under the Security Deposit Protection (Paragraph 3) and fines or charges pertaining to violations of the rental agreement. Guest understands that all credit card sales are final. Should San Diego Escapes be unable to recover costs from the credit card on file, Guest is responsible to provide an alternative method of reimbursement within 48 hours of notification.</p> <p><strong>45. ELECTRONIC CONSENT:</strong></p> <p>By checking the box and checking the “I AGREE” box, Guest is consenting to the use of an electronic signature in lieu of an original signature on paper. Guest has the right to request to sign a paper copy instead. By checking the I AGREE button, Guest waives that right. After consent, Guest may, upon written request to San Diego Escapes, obtain a paper copy of the electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Guests agreement to use an electronic signature for any documents will continue until such time as Guest notifies San Diego Escapes in writing that you Guest longer wishes to use an electronic signature. There is no penalty for Guest withdrawing this consent. Guest should always ensure that San Diego Escapes has a current email address on file to contact Guest regarding any changes, if necessary.</p>