Terms and Conditions for Renting Casa Pacis

CASA PACIS IS NOT A "NORMAL VACATION RENTAL." OWNERS ARE MAKING THEIR PERSONAL PROPERTY AVAILABLE FOR CONSIDERATE GUESTS TO ENJOY. TO THIS EXTENT, THEY HAVE SET STRICT LIMITATIONS, INCLUDING: 2-PERSON MAXIMUM OCCUPANCY HEAD COUNT, NO ANIMALS, NO SMOKING, NO PARTYING, MINIMUM AGE REQUIREMENT OF GUESTS, NO SUBLETTING, ADHERENCE TO SEA RANCH RESTRICTIONS, AND OTHER PROVISIONS AND REQUIREMENTS AS DESCRIBED IN THIS DOCUMENT AND AS MAY BE ADDED OR AMENDED IN SEPARATE WRITTEN UNDERSTANDINGS. IF RENTERS HAVE RESERVATIONS WITH REGARD TO ADHERING TO THE LETTER AND SPIRIT OF THESE RESTRICTIONS, OWNERS REQUEST THAT RENTERS LOOK FOR ANOTHER PROPERTY TO RENT. ELSE OWNERS ARE DELIGHTED THAT RENTERS HAVE FOUND THIS PROPERTY AND WELCOME RENTERS AS GUESTS AT CASA PACIS ("HOUSE OF PEACE").

By payment of the rental fee based on our QUOTE sent separately via email, or by completing an on-line booking, or by receiving Arrival Information for Casa Pacis, upon which Renters (you) travel to, and/or obtain access to, Casa Pacis, 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 DOCUMENTATION, TOGETHER WITH THE PERSONAL DATA YOU MAY HAVE SUBMITTED, OR IN CONNECTION WITH YOUR ON-LINE RESERVATION OF CASA PACIS, SERVES AS A BINDING VACATION RENTAL CONTRACT. Specifically, you agree to pay such charges as may be presented to you in writing and may be deemed a 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 a court of law in California or, upon the sole decision of Owner, 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 such arbitration shall be English. If the results in a judgment are more(less) favorable to the owner's position, as determined by the Arbitrator, Renter (Owner) pays for all related costs and court fees, except for Owner's (Renter's) legal counsel. In case of conflicting terms, provisions or conditions in our communication with our renting guests, the language in this document prevails.

Owner: Klaus and Adelgund (“Gundi”) Heinemann

Guest: The person named in the rental application or on-line rental shall be the lead Guest and shall be 30 years of age or older. Name, age, postal address, and email address of the Lead Guest, and name, age, and relation to lead Guest of all permitted other guests must be disclosed to Owner prior to issuance of the arrival information.

In this document, the words “Owner,” “Guest,” and “you” have identical meaning may be used interchangeably in the singular or plural form.

The Premises:

Address:
— 92 Osprey Reach, The Sea Ranch, CA 95497

Bedrooms and Bathrooms:
— 2 BR (one master bedroom with one Ca King bed, and one bedroom with one T (single) bed);
— 2 BA (one with tub/shower, one with shower but no tub);
— Not wheelchair accessible (2 steps from parking area to floor level; inadequate space for wheelchair inside premises);
— The loft remains unlocked but is not part of the rented space;
— Except for one Garage, the Annex building is not part of the rented space and will remain locked and unoccupied during the rental period.

Provisions and Restrictions:

Occupancy Restrictions: No more than 2 people, excluding 1 infant under 6 months of age at the time of rental.
Age Restriction, Subletting: The person signing for renting of Casa Pacis (“Lead Guest”) must be at minimum 30 years old and must be part of the rental occupoancy during the entire rental period. Subletting is not permitted; substitution of rental occupants must be ad-hoc agreed by Owner in writing.
Pets and Smoking: For Owners’ health reasons, no pets or medical/therapeutic/comfort animals are permitted on the premises under any circumstances (no exceptions; not even if kept outside or in the garage); smoking is not permitted inside the premises or anywhere on Sea Ranch roads, trails, or commons.
Amenities: Panoramic ocean views from all rooms; wood-burning conventional fireplace (to be used solely for burning commercial wax-type fire logs, such as Duraflame or equivalent, but not for burning wooden fire logs or paper); gas grill; large (approx. 800 sq.ft.) wrap-around view deck; hot tub built into deck off MBR; single garage (available for miscellaneous storage only), clothes washer and dryer; DW, microwave, refrigerator with ice maker, electric cooking range with 4-unit ceramic cook-top; flat-screen HD-TV, DVD-player; and free unlimited wireless high-speed (>100 MBps up and down) Internet.
Recreational Equipment: We may occasionally permit renting Guests to use certain recreational equipment, such as bicycles or kajaks located in the garage. Such use must be in ad-hoc writing and is then on a courtesy basis and at Guests’ own risk. In case of mishaps, Guests are respectfully required to restore such equipment to the condition in which they found it.

Pricing and Availability:

The property is subject to price and availability changes without notice, until a quote by Owner has been accepted. Payment of any invoice paid on the basis of a Quote shall be deemed as confirming acceptance of the Quote and as acceptance of, and agreement with, these Terms and Conditions. No reservation is confirmed until approved and the full Dow Payment or Security Deposit has been received, or the on-line booking has been accepted. Time is of essence. With the occasional exception of mailing a check, all communication is by e-mail. Guest is advised to set his spam control and/or e-mail system to accept mail coming from klaush@mcn.org.

Payments:

Except for on-line bookings via 3rd-party facilitators, such as Airbnb:
-- Two payments are required: a refundable security Deposit and the rental Balance (consisting of the sum of (a) total rent, (b) cleaning fee, (c) transient occupancy tax on rent and cleaning fees, and Sea Ranch Association short-term rental (“STR”) fee.
-- Payment of the Deposit is required to hold the reservation and is only acceptable by Zelle. Owners may add payment by check as option.
-- 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 Zelle. Owners may add payment by check as option.
-- After receipt of the Rental Balance, the Deposit will become the “Refundable Security Deposit.”
-- If the rental date is further out, the rental Balance is due 30 days prior to the rental date and may be paid by Zelle or personal check (U.S. Bank only).
-- Guest are expected to understand that it is a significant extra effort for Owner to have to chase after payments. To this effect, a late fee of $50 will be due and deducted from the Deposit for any payments received after the due date. If payment is not made within 5 days of the 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. We will NOT normally issue payment reminders.

Cancellation Policy:

The time factor is critical in vacation rentals, and Guest’s reservation will hold this rental off the market for a period of time. For cancellations in writing made more than 30 days prior to the scheduled arrival date, Owner will -- except for on-line bookings via 3rd-party facilitators, such as Airbnb or VRBO -- refund all rents paid but GUESTS WILL FORFEIT THE ENTIRE DEPOSIT. THERE ARE NO REFUNDS OF RENT FOR CANCELLATIONS MADE LESS THAN 30 DAYS PRIOR TO ARRIVAL (i.e., Guest forfeits the entire rent, but Owner will refund deposit and cleaning fee, if the Rental Balance had been paid in full).
As a courtesy, in the event of a cancellation, Owner will work to find a tenant to occupy the vacated time reserved under this contract. If Owner is able to find a suitable tenant for the partial or full time period, as determined by Owner, Owner will issue prorated refund for those nights, less a $150 service fee. The earlier Guest warns Owner that cancellation may be needed, the better the chances of re-renting. Furthermore, Owner will certainly work with Guest in the event that cancellation is due to documented serious illness or other serious circumstances. THESE ARE EXCEPTIONS TO OWNER’S POLICY TO BE EXERCISED AT OWNER’S SOLE DISCRETION.

For on-line bookings via 3rd-party facilitators, such as Airbnb or VRBO, the cancellation policy of these facilitators prevails.

Guest is responsible for his/her choice:

This property is individually owned and managed. We have described our vacation rental in detail to the best of our ability, but Owner will not be responsible if Guests are not happy with their choice on arrival. Guest agrees 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. The rent will not be refunded and cannot be transferred to another location, and Guests’ rental rights cannot be transferred to another party without Owner’s written consent.

Reviews:

Owner encourages fair and reasonable reviews in the website through which Guests found Casa Pacis, provided that this website offers the possibility of guest reviews. Guests agree not to post reviews accessible to the general public anywhere other than to that website, without Owner's written consent.

Animals:

No pets or medical/therapeutic/assist animals are allowed anywhere inside the premises, including the garages or decks. If the housekeepers determine that a pet was inside the premises, Guests will unconditionally forfeit the entire Security Deposit. Furthermore, if this amount is insufficient to cover the expenses for shampooing and replacement of ruined carpeting, fabric or furniture, Guest will also be liable for the additional related expense.

Smoking, Abalone:

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. Pounding of abalone is not permitted on the kitchen countertops. If our housekeepers determine that these policies were violated, Guests will unconditionally forfeit the entire Security Deposit. Furthermore, if this amount is insufficient to cover the expenses for related cleaning and repairs, Guests will also be liable for the additional related expense.

Occupancy Limitations/Usage/Subletting:

Guests shall use Casa Pacis only for residential purposes. The premises shall not be used to carry on any type of business, trade or event or party, without prior written consent of Owner. Guests will comply with all laws, rules, ordinances, statutes and orders regarding the use of the premises.

Owners have set strict occupancy limitations (2 people head count). 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 Owners, or if an extraordinary gathering takes place at or on the premises involving people other than Guest, 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, and if that additional person was specifically permitted in writing, an additional rent and tax applicable for a third person will become due and payable, applicable for the entire rental period regardless of the number of nights actually spent by this additional person. 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. Guests shall be liable for any damages in excess of the Security Deposit. This agreement does not create a tenancy; Guests can be removed from the premises without process of law if they do not depart at the appropriate time.

Reservations made under false pretenses may result in loss of all of Guest’s payments made to Owner and possible removal of Guests from the premises, in addition to all other remedies available to Owner.

Reservation/Security Deposit:

The reservation/security deposit (“Deposit”), required for all rentals, will be returned subject to, but not limited to the following:

there is no damage to the premises beyond normal wear and tear;
there is no excessive cleaning requirement due to Guests’ negligence;
no items are missing from the premises ($50 replacement fee for missing Sea Ranch ID or vehicle hang tag);
garbage is not removed from the house and placed into bins in the shed;
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 Owner, cause for forfeiture of up to the entire deposit. Deposit refunds are mailed within 21 days of departure; however, it will usually be processed much sooner.

Upon Arrival:

We expect that Guests will have read the “Arrival Information,” emailed to Guest prior to check-in. Guest agrees to leave the premises in good condition and complete all items on the Check Out List prior to departure.

Check-In and Check-Out:

Check-in time is 4:00 PM. Upon payment of all rental charges, Guest will receive the information to obtain entry to the premises.
Check-out time is 11:00 AM. Late check out, unless prearranged with Owner, is grounds for security deposit claims.
See also https://www.acviews.com/faq-bv-cp-checkin.

Linens and Towels:

The King-bed in the MBR is made upon arrival. We provide one set of towels per person per rental period. However, we have additional supplies available if needed. We ask for our Guests’ understanding that the most time consuming part of housekeeping is waiting for laundry to wash and dry. Therefore, if Guests make use of these additional supplies, we require that they launder those, and fold and place them back in the cabinets, before their departure.

Cleaning/Processing/Housekeeping Charges/Policy:

Basic housekeeping service is included in our charges. Except for laundry of additional towel sets used from our supplies, as described above, we require Guests to only do minimum common-sense cleaning chores (wash dishes or place them in dish washer and activate the washing cycle before departure; place furniture in original position; remove their foods from the refrigerator; remove their trash and recyclables from the house; close windows, shades down, lock house).

Supplies:

Housekeepers will place a starting amount of paper products. Owners may leave some condiments on a courtesy basis, but the house is not stocked with emergency food supplies. See more here regarding supplies and condiments.

Hot Tub:

Our hot tub is maintained by a professional contractor. A hot tub fee of $40 per rental period is automatically incorporated in the housekeeping fee, unless Guest states at the onset that they will not use the hot tub, and the $40 fee will then not apply or be refunded. 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. If a hot tub service problem arises and the hot tub cannot be used or malfunctions during the entire rental period, we will refund the $40 hot tub use fee. Use of the hot tub is at Guests’ 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 known to be 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. See at https://www.acviews.com/faq-cp-hot-tub more about the use and use restrictions of the hot tub.

Water temperature and jets are controlled from a controller built into the rim of the hot tub. We do not advise a hot tub temperature setting of more than 100 degrees. Guests can increase or decrease the temperature to their liking, but if they do we request setting back to 100 degrees before they depart. The maximum set temperature is 104 degrees, which is generally considered the maximum healthy temperature; and even that may be too high for people with health challenges, such as hypertension. USE OF THE HOT TUB IS UNCONDITIONALLY AT GUESTS’ OWN RISK.

Guests are advised that a hot/cold shower is available outside, near the hot tub to wash off any sand before entering the hot tub.

Maintenance Interruptions:

Guest agrees to notify Owner immediately if a maintenance problem develops, so it can be remedied as quickly as possible. Owner reserves the right to arrange for repairs as necessary, requiring entry to the premises with reasonable notice, or without notice during the hours of 9AM and 5PM if Guest cannot be reached ad-hoc. While Owner 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’ 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 Guests’ Own Risk:

Owner is not responsible for Guests’ personal injury or loss, theft or damage to Guests’ belongings during their stay due to causes outside of Owners’ or Guests’ 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 Guests’ own risk.
Wooden decks -- and Casa Pacis has plenty of those -- can be slippery when wet, regardless of season. Guests agree to hold Owners harmless in the event of related injury or loss.
Guests acknowledge that many features of a rental home may work 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 sporting equipment or other gear that may from time to time be located in the garage, except by ad-hoc written permission by Owner.
Owners are not responsible for Guests’ own and their children’s safety while at Casa Pacis. Guests are permitted to use the gas grill at their own risk, provided it is used outside the house on the gravel surface of the parking area, but not inside the garage, and it is placed at least 12” away from any wall when in use, and the grease catcher is in place and operable.
PLEASE KEEP CHILDREN -- if permitted by exception during Guests’ rental of Casa Pacis -- UNDER CONSTANT SUPERVISION.
CONCOMITANT WITH GUESTS’ RENTAL OF CASA PACIS, GUESTS AGREE TO HOLD OWNERS HARMLESS IN THE EVENT OF RELATED INJURY OR LOSS, OR OF THEFT OR DAMAGE OF GUESTS’ OR OWNERS’ PROPERTY. 
Disclosure of Information on Lead-Based Paint and/or Lead-Containing Pipe Fittings:
Owner’s Disclosure (Note: this disclosure and recommendation exceeds any requirement by the State of California for purposes of vacation home rentals):
While the premises were first constructed in 1982, and all construction and improvements were made to code, it is conceivable that some of the solder fittings of the copper warm and/or cold water piping in the house contain lead. If that were the case, a probability exists that minute amounts of that lead may leach out into the water piping system. This may, in particular, occur during prolonged periods when no water has been used while the house has been unoccupied. We recommend, therefore, that our guests use commercial bottled water as drinking water, in particular upon arrival at the home.

Utilities, Telephone, Internet:

Utilities are included in the rental price. Free and unlimited high-speed wireless Internet is available; the password will be provided in the Arrival Information packet. Casa Pacis is located in direct line-of-sight of one or more cell communication towers, providing for excellent cell phone coverage. Additionally, Casa Pacis has fiber-optics connection to fiber-optics-based “Sea Ranch Connect” Internet service. Furthermore, Owners provide a 6kWh back-up battery for use during power outages, which can specifically also be used to power the Internet system. On the basis of these provisions, Owners have abandoned landline telephone service and advise Guests to be prepared to use their cell phone and/or laptop for emergency phone service. To this effect, OWNERS REQUIRE GUEST TO COMMUNICATE TO OWNER THE TELEPHONE NUMBER BY WHICH THEY CAN BE REACHED DURING THEIR STAY AT CASA PACIS.

Resort Restrictions:

Sonoma County and The Sea Ranch Association (TSRA) have become increasingly apprehensive about short-term (STR) vacation rentals and have initiated processes to severely restrict STRs. This is in response to increased numbers of complaints by neighbors of vacation rental homes about perceived disruptive and disrespectful behavior of vacation renters. To preserve the continued enjoyment of The Sea Ranch by means of vacation rentals, please help with observing these specific restrictions:

Guests agree to not use the rented premises for partying purposes. No visitors of renters may be at the rentsl home premises after 9:00 pm.
Amplified music is not permitted on the decks at any time; even when used inside, the sound level shall be kept down so it does not carry to a disturbance at neighboring properties.
The flying of drones of any kind is prohibited.
Lighting can severely disrupt the enjoyment and privacy of neighbors. Owners and Guests are required to turn off all outside lights when not needed ad-hoc and are requested to reduce inside lighting, especially in the loft, by lowering shades, as appropriate during evening and night hours. Please mind, in particular, lights in the loft of Casa Pacis.
No smoking on the trail system (year-round);
Refrain from trespassing onto neighboring properties (there are no fences) or onto commons (stay on trails);
Parking: While there is ample of space for free parking at Casa Pacis, Guests may not bring more than two vehicles to Casa Pacis. Owners furnish a hang tag parking permit for use by Guests if they wish to park temporarily — only permissible during day-time — anywhere else at Sea Ranch. Parking of a recreational vehicle is NOT PERMITTED.
Speed Limit: Please observe the 25 mph speed limit on all Sea Ranch internal roads; and please respectfully further reduce your speed when pedestrians are present.
Quiet time is required between 9:00 PM and 7:00 AM

The Association imposes heavy fines for non-compliance. Guests will be responsible for all violations committed by their party.

Keys:

Arrival: A code to keyless entry (at front door and right garage door) will be provided to Guest about ten days prior to the arrival date. First find and push the elongated top "Schlage" button; the keys will then be illuminated. Then enter the 4-digit code and, within a few seconds, turn the knob to open the dead bolt. To lock, simply push the "Schlage" button and turn knob. Note that the lock freezes after three attempts with the wrong code and will automatically unfreeze after about 15 minutes. 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.
Garage: The right garage can be accessed with the same code. The left side is personal to Owners and not accessible to Guests.
Departure: Please follow the check-out list.

Governing Law:

This Agreement and all transactions under this Agreement shall be governed by and construed and enforced in accordance with the law of the State of California. Any civil action or legal proceeding arising out of or related to this Agreement shall be brought in the courts of record in the State of California in Santa Clara County.

Entire Agreement:

This document, combined the ARRIVAL INFORMATION sent to Guest prior to arrival, serves as the entire Rental Agreement and supersedes any and all provisions that may have been arranged orally. GUEST AGREES AND WARRANTS THAT THEY HAVE READ AND UNDERSTOOD THIS AGREEMENT AND ACCEPT ALL TERMS, CONDITIONS, COVENANTS AND RESTRICTIONS WITHOUT EXCEPTION. If any of the provisions hereunder are found invalid or unenforceable, all other provisions shall remain fully valid.