Terms and Conditions for Renting Casa Pacis
By answering the question “Have you read the "Terms and Conditions for Rental of Casa Pacis"? in the affirmative you agree that you have read and understand these terms and conditions and agree to abide by them. You understand and concur that, for reasons of expedience and for your convenience, we do not require mailing or faxing a formally signed Rental Contract but that, instead, this document, together with the personal data submitted with the e-mail into which it is incorporated, or in connection with your on-line reservation of Casa Pacis, serves as a binding Rental Contract. Specifically, you agree to pay such charges as may be presented to you in writing and may result from careless treatment of the premises and/or not following these terms and conditions. And you agree that any controversy or claim arising out of, or relating to, this rental agreement, or the breach thereof, shall be determined by mediation-arbitration as commonly practiced for resolution of real estate related disputes in the State of California, whereby the place of arbitration shall be Sunnyvale (CA, USA), and the language of arbitration shall be English. If the arbitration results in a judgment that is more(less) favorable to the owner's position, Renter(Owner) pays for all related costs and court fees, except for Owner's (Renter's) legal counsel, if any.
Address: 92 Osprey Reach, The Sea Ranch, CA 95497
Phone at Premises: 707-785-3539
Bedrooms and Bathrooms:
2 BR (1 master bedroom with one K; 1 bedroom with 2 Ts;
2 BA (one with tub/shower, one with shower only);
wheelchair inaccessible due to two steps from parking area and floor level, and gravel in driveway and parking area.
Provisions and Restrictions:
- Occupancy Restrictions: No more than 3 people, excluding infants under 6 months of age; children between 6 months and 16 years require separate ad-hoc permission. All exceptions must be confirmed in writing.
- Pets and Smoking: No pets are allowed under any circumstances (no exceptions; not even in the garage); smoking is not permitted inside the premises.
- Amenities: Panoramic ocean views from all rooms, wood-burning fireplace, gas grill, large (1000 sq.ft.) wrap-around view deck, hot tub built into deck off MBR, garage (available for miscellaneous storage only), W/D, DW, microwave, large flat-screen HD-TV, DVD-player, free world-wide phone and free wireless Internet (subject to reasonable maximum use limitations to prevent abuse).
Pricing and Availability:
The property is subject to price and availability changes without notice, until executed contract has been returned to the property owner. No reservation is confirmed until approved and the full deposit has been received, or the on-line booking has been accepted. Time is essential. With the occasional exception of mailing checks, all communication is by e-mail. Guest is advised to set his spam control and/or e-mail system to accept mail coming from firstname.lastname@example.org.
Except for on-line bookings:
-- Two payments are required: a $300 refundable security Deposit and the rental Balance (consisting of the sum of (a) total rent, (b) cleaning/processing fee, and (c) 9% transient occupancy tax on rent and cleaning fees).
-- Payment of the Deposit is required to hold the reservation and is only acceptable by credit card via PayPal (no fee applies to this payment).
-- If the rental date is within 30 days from date of booking, payment of the rental Balance is due immediately and can only be made via PayPal – no fee applies.
-- If the rental date is further out, the rental Balance is due no later than 30 days prior to the rental date and may be paid by personal check (U.S. Bank only) or by credit card via PayPal, in which latter case a 2% PayPal fee co-payment applies.
-- For all credit card payments, the Owner will issue a “Payment Request” through PayPal via e-mail to the renter, upon which the renter can conveniently and securely complete the payment; no PayPal account is required.
-- A late fee of $50 will be automatically deducted from the deposit for any check payments received after the due date, and for any credit card payments delayed without reasonable cause more than 24 hours from the time the request/invoice was issued. If payment is not made within 5 days of due date, the reservation may be canceled and the property may be opened up for other rentals, and moneys paid may be forfeited. Reservations may be reinstated, and forfeited moneys reapplied, upon payment of the amount due, if the property is still available, at the Owner’s discretion. You WILL NOT be reminded on any payment due dates except credit card payment of the rental Balance.
The time factor is critical in vacation rentals, and your reservation will hold this rental off the market for a period of time. For cancellations made more than 30 days prior to your arrival date, we will refund all rents paid but YOU WILL FORFEIT YOUR ENTIRE DEPOSIT. THERE ARE NO REFUNDS OF RENT FOR CANCELLATIONS MADE LESS THAN 30 DAYS PRIOR TO ARRIVAL (you forfeit your entire rent, but we will refund your deposit and cleaning fee, if your Rental Balance had been paid in full).
As a courtesy to our customers, in the event of a cancellation, the owner will work to find a tenant to occupy the vacated time reserved under this contract. If we are able to find a suitable tenant, we will refund both the deposit, cleaning charges, and rental fee to the extent we have found an acceptable tenant for the time period, as determined by the Owner, less a $100 service fee. The earlier you warn us that you may need to cancel, the better the chances of re-renting.
Furthermore, the owner will certainly work with you in the event that your cancellation is due to documented serious illness or other serious circumstances. THESE ARE EXCEPTIONS TO OUR POLICY TO BE EXCERCISED AT THE OWNER’S SOLE DISCRETION.
You agree to assume responsibility for transportation to the property. Inconvenience caused by weather, disruption of utilities, or road conditions do not invalidate this Rental Agreement, nor will they be subject to financial compensation.
You are responsible for your choice:
This vacation rental unit is individually owned and managed. We have described our vacation rental in detail to the best of our ability, but we cannot make the decision for you and will not be responsible if you are not happy with your choice on arrival. The rent will not be refunded and cannot be transferred to another location.
Owner encourages fair and reasonable reviews in the website through which our valued renters found our home, provided that this website offers the possibility of renter reviews. Renter agrees not to post reviews accessible to the general public anywhere other than to that website, without Owner's written consent.
If our housekeepers determine that a pet was inside the premises, you will automatically forfeit your entire Security Deposit. Furthermore, if this amount is insufficient to cover the expenses for shampooing and replacement of ruined carpeting, fabric and furniture, you will also be liable for the additional related expense.
Smoking is not permitted anywhere inside the premises, nor on the wooden decks. Abalone handling is not permitted inside the house and in the hot tub area, with the exception of the front ocean-side deck of the house. Pounding of abalone is not permitted on the kitchen countertops. If our housekeepers determine that these policies were violated, you will automatically forfeit your entire Security Deposit. Furthermore, if this amount is insufficient to cover the expenses for related cleaning and repairs, you will also be liable for the additional related expense.
The owners have set strict occupancy limitations (3 people) and extend further discounts for 2-person occupancy parties. Regardless of the number of sleeping accommodations available in the home, there shall be no occupant older than 6 months beyond what is represented by the renter in the e-mailed Confirmation or on-line reservation process. If more persons occupy the premises who were not specifically authorized by the owners, or if an extraordinary gathering takes place at or on the premises, this may cause a forfeiture of the deposit and eviction. If the Rental Agreement was for two people, and a third person stays at the property for any one or more nights during the rental period, the additional rent and tax applicable for a third person will become due and payable, applicable for the entire rental period. We recognize the desire to have an occasional visitor, but additional charges may be incurred for other unauthorized use. In addition, any type of subletting is strictly prohibited. Any disturbance resulting in neighborhood complaints or Sea Ranch Association or police action, other illegal activities, damage to the vacation rental property, or violation of this agreement or of rules and regulations governing the vacation rental, will be considered sufficient cause for immediate termination of your stay, and all monies paid will be forfeited. This agreement does not create a tenancy; you can be removed from the premises without process of law if you do not depart at the appropriate time.
A reservation/security deposit (“Deposit”) is required for all rentals and will be returned subject to, but not limited by the following:
- no damage to the premises beyond normal wear and tear;
- no excessive cleaning requirement due to renters' negligence;
- no items missing from the premises ($30 replacement fee for missing Sea Ranch ID passes);
- garbage not removed from house; and
- there are no unpaid, late, or outstanding rent or other charges owing.
Any material breach of the rental agreement or the general or specific home rules during your tenancy may be, in the sole judgment of the owner, cause for forfeiture of up to the entire deposit. Deposit refunds are mailed within 21 days of departure; however, if refund can be issued via PayPal, it will be processed much sooner.
When you arrive, please check the vacation rental premises for cleanliness and damage. Read the About This Home materials (on TV stand or kitchen counter) and Check-Out List. Notify owner promptly of any significant problems or damage. You agree to leave the vacation rental premises in good condition and complete all items on the Check Out List prior to departure.
Check-In and Check-Out; Key:
Check-in time is 3:00 PM. Upon payment of all rental charges, you will receive the information to obtain entry to the premises. The check-out time is 11:00 AM. Late check out, unless pre-arranged with owner, is grounds for security deposit claims. In rare circumstances, upon request, Owner may be able to grant early check-in (12:00 noon). See here for details.
Linens and Towels:
Available for your use, the K-bed in the MBR is made upon your arrival.
- Basic housekeeping service is included in your charges. You may sign up (in the accompanying e-mail) for full housekeeping services (Option "B") or, at a substantial discount, for partial cleaning (Option "A"). If you choose Option "B," you may depart essentially in "hotel style" and are expected to only do minimum common-sense cleaning chores (wash dishes or place in dish washer and activate washing cycle before departing; place furniture in original position; remove your foods from the refrigerator; remove your trash from the house (place in can at end of driveway); close windows, shades down, lock house). If you choose the lower priced Option "A," it is expected that you will do all of the above plus wash, dry, and fold laundry (leave on dryer), and put away dishes from dish washer.
- If our housekeepers find that Option "B" was chosen but essentially not performed, we will charge the difference to Option "A" plus a $25 "cleaning re-scheduling fee" toward your refundable security deposit. On the other hand, if you chose Option "B" but leave the house in such clean condition that our housekeepers' invoice is considerably less than what you paid, we will refund the approximate balance.
- You may choose between the two housekeeping options "A" and "B" at the time of booking, except for on-line booking, in which case only Option "A" is available.
The hot tub is built into the deck off the master bedroom. To keep the hot tub heated during the duration of your stay will be free of charge. Availability of the hot tub at any time of the year is our goal. We will make every effort to keep it functioning but, as is the case for all appliances, we are unable guarantee this. Use of the hot tub is at your own risk. Our hot tub is sanitized with a combination of ozone and bromine. While sanitation with ozone and bromine, each by itself, is highly effective, and the two are synergistic in their sanitation effect, there is always a finite possibility of an unforeseen malfunction out of our control. People who are sensitive to chemicals used for water treatment, or water-born skin irritations, should refrain from using the hot tub.
You agree to notify us immediately if a maintenance problem develops at your vacation rental so we can have it remedied as quickly as possible. Owners and Agent reserve the right to make repairs as necessary, and to enter the vacation rental with reasonable notice, or without notice during the hours of 9AM and 5PM if you cannot be reached. While Owner and Agent will make all reasonable efforts to rectify a maintenance problem as soon as possible, it may occasionally occur that, due to the nature of the problem and scheduling difficulties beyond Owners’ and Agent’s control, repair of a problem extends beyond the end of one rental into another rental period. No refunds apply in the event that an appliance or amenity of the rental home is unavailable during any part of the rental period, including, but not limited to, due to electric power and utility outages.
Use at Your Own Risk:
The Owners and Agents are not responsible for personal injury or loss, theft or damage to your belongings during your stay due to causes outside of Owners’ or Agents’ control, or due to unsafe use of the premises and amenities, including but not limited to the hot tub, bath tub, shower stall, fireplace, and gas grill, which uses are always and unconditionally at your own risk.
Please understand that wooden decks -- and Casa Pacis has plenty of those -- can be slippery regardless of season. You agree to hold Owners and Renters harmless in the event of related injury or loss.
Guests acknowledge that many features of a rental home such as Casa Pacis may work quite different than those they are used to at their own home, and wrong or careless treatment may cause personal injury and/or damage to the equipment. Guests are not permitted to use Owner’s sports equipment or other gear that may from time to time be left in the garage (e.g., motor vehicle, kayak, raft), except two very basic mountain bicycles and a tandem bicycle, which renters may use at their own risk and on a "you break it, you fix it" basis. The owners and agent are not responsible for their renters’ and guests’ own and their children’s safety while at the rented vacation home. Guests are permitted to use the gas grill at their own risk, provided it is only used outside the house on the gravel surface of the parking area, not inside the garage, and it is placed at least 12” away from the garage wall when in use, and the grease catcher is in place and operable.
PLEASE KEEP YOUR CHILDREN -- if permitted during your rental of Casa Pacis -- UNDER CONSTANT SUPERVISION.
CONCOMITANT WITH YOUR RENTAL OF CASA PACIS, YOU AGREE TO HOLD OWNERS HARMLESS IN THE EVENT OF RELATED INJURY OR LOSS, OR OF THEFT OR DAMAGE OF YOUR OR OUR PROPERTY.
Utilities, Telephone, Internet:
Utilities are included in the rental price. You have unlimited free use of the telephone for local calls and free long distance (even international) calls up to approximately 20 minutes on average per rental day. Free wireless Internet is available; the password will be provided upon receipt of all rental fees.
The Sea Ranch is a resort with strict homeowners association guidelines and assesses significant fines if these regulations are not observed. These regulations include, but are not limited to:
- no smoking on the trail system (year-round);
- no trespassing onto neighboring properties (there are no fences!) or onto commons (stay on trails!);
- 25 mph speed limit on all Sea Ranch internal roads;
- observance of quiet time is required between 10:00 PM and 7:00 AM; no outside sound equipment is permitted;
- the flying of drones is not permitted anywhere on The Sea Ranch or on Casa Pacis land.
Renter will be responsible for all violations committed by his/her party.
- Arrival: A code to keyless entry (on the front door) will be provided to you once the final payment has been received. First find and push the rectangular top "Schlage" button; the keys will then be illuminated. Enter the code and turn the knob counter-clockwise to open the dead bolt. To lock, simply push the "Schlage" button and turn knob clockwise. There is also a conventional key lock box, operable with the same code. It contains a mechanical door key which can be used in case the keyless entry system malfunctions. Additionally, a spare key is placed in a location which can be communicated to you in a phone call to a number given to you in the information package upon payment of all rental charges.
- Departure: Follow the check-out list posted in the home -- disregard will result in claims on your deposit.