RENTAL AGREEMENT | awesomesauce

By making a reservation, the Guest implicitly agrees to the followingTerms & Conditions.

All reservations are a subject to the 'first pay, first serve' rule.

By making a reservation, Guest implicitly agrees to the following Terms & Conditions

Behzad Aalaei (aka. Property Management, LLC) and the undersigned (herein referred to as ‘Guest’) agree as follows: Guest is an adult at least 21 years of age (Valid government ID must be presented upon request) and will be an occupant of Property during the entire reserved period. In consideration of the monies received and the mutual promises contained herein, Manager of the subject property hereby agrees to give a license confirmation email, under the conditions stated herein. Furthermore, Guest agrees to comply with the San Diego Municipal Code with regards to the following: Noise, Alcohol, Smoking, Pets, Trash, Beach Fires, and Parking.

Taxes: . All rental rates are a subject to 11.05% California State Tax.

Final Payment: Guest agrees to pay Manager the final payment latest 90 days prior to arrival.

Cleaning fee: A $240 mandatory fee includes only the following items: laundry and making beds, vacuuming and mopping of floors, light dusting, cleaning of showers, sinks and mirrors.

A $260 (refundable cleaning deposit) will be used to cover ADDITIONAL CHARGES that may apply for the following items: washing dishes; trash pickup; refrigerator disassembly for cleaning; grout cleaning, for example, if guests do not take off their shoes and/or spill food and drink; returning bedding and furniture to their original location; sand removal from refrigerators, cabinets, washer, and/or dryer; removal of food particles and/or any bodily products (like vomit, nasal discharge, etc.) from household surfaces, and all other necessary actions to restore the premises to its original condition) applies to every reservation.

Disclaimers:

1) All rental rates and taxes are subject to change.

2) Given the low to high season, a minimum 3 to 7 night-stay is required.

3) Not all TV monitors might be working due to network conditions/technical issues.

4) Please (where applicable) don’t throw/drop heavy items such as luggage around and down/on the stairs for porcelain tile will crack and you will be held liable for repairs.

5) Due to personal preferences/allergies, small amounts of only basic sanitary products are being provided, as renters are expected to purchase their own.

6) Our parking garage houses usually ONE MEDIUM-SIZE VEHICLE ONLY; therefore, street parking or parking purchased at Guest’s expense must be used to accommodate trucks, SUVs, busses, vans, etc.

Cancellation Policy: A 5% or a minimum of $150 cancellation fee will be applied to all reservations. For cancellations received within 90 days of planned arrival or after arrival date, all payments will be retained. If the subject property can be re-rented, a pro-rata refund will be issued less the 5% or a minimum of $150 cancellation fee.

Tenancy (Damage) Deposit:

Guest agrees to pay Manager a tenancy deposit in the amount specified on the reservation form and in the confirmation email. The tenancy deposit is fully refundable within 14 BD of term of occupancy, provided that real and personal property remain on the premises and are in the same condition as when occupancy commenced (other than normal wear and tear) all other terms of this agreement being met.
Since the renter has agreed to comply with the San Diego Municipal Code and follow the not smoking inside the property policy, as well as, strictly adhere to the other notices posted on the property, any significant violations will result in a forfeiture of the entire tenancy deposit.
Furthermore, Guest agrees that unless other arrangements have been made, this deposit might be used to compensate the Manager for: the amount of actual damages to the Property arising from use of the Property; the value of any missing or if the Guest fails to secure the premises - stolen or vandalized items; if the Guests fail to comply with the SD city regulations - any city’s tickets, fines or monetary losses due to any resultant future restrictions on short term rentals; if necessary, any supplemental cleanup, as specified in the check-out instructions; the cost of Guests overstaying beyond the time specified in any written arrangements, will be calculated at the rate of 250/hr; the cost incurred in removing Guests from the Property due to engagement in illegal activities.
Manager requires a valid credit card to be kept on file to be used in the event the tenancy deposit is inadequate to cover the cost of damages to unit, property therein, any fines or supplementary cleaning fees; hence, Guest authorizes the Manager to charge any extra expenses beyond the tenancy deposit to the credit card on file.

Returned Checks: Guest will pay a $100.00 returned check fee on each check returned by Guest's bank. In addition Guest must pay interest, and attorney fees.

Check-In Time: Check-in begins at 3:30 PM on the Arrival Date specified on reservation form and in confirmation email. Please be advised that the check-in protocol is posted on the property. Earlier check-in might be available for a fee on certain dates. Please inquire in advance.

Check-Out Time: It is NO LATER than 10:00 AM on the Departure Date specified on reservation form and in the confirmation email. Please be advised that the check-out protocol is posted on the property. All late checkouts among others, will be a subject to a $250.00/hr fee. A later checkout might be available for a fee on certain dates but you must inquire in advance. A 1/2day charge is required to guarantee a late checkout.

Smoke and Carbon Monoxide Detectors: Guests are required to reset all smoke detectors upon check in and promptly report inoperative smoke and/or carbon monoxide detector(s) to Manager.

Fire Extinguisher: The property is equipped with a minimum of one (1) fire extinguisher. The fire extinguisher was fully charged at last inspection. It is the duty of the tenant to locate the fire extinguisher, notify all other occupants and Guests of its location, and to inform management immediately should the fire extinguisher be less or become less than fully charged.

Property Inspection:

Properties are not equipped for the elderly, severely ill or handicapped.
It is Guest's sole responsibility to inspect the Property upon arrival. Please don’t throw heavy items such as luggage around and/or down the stairs as the walls or tile will crack or break.
In addition to inspecting the smoke detectors, Guest agrees to inspect the entire Property to ensure that it is free of hazards and properly equipped.
Guest assumes the entire risk of injuries arising from use of the Property; therefore, Guest will ensure that the Property has a secure shower or bathtub mat, and that Guest takes reasonable measures to prevent slips in the bathroom, on staircases, steps, on balconies and throughout the Property.
Guest will take reasonable measures to ensure safety of the accompanying elderly, handicapped, infants and small children; therefore, Guest will ensure that crib(s) play pens, feeding chair(s), gate(s), and any other safety measures are employed when appropriate.
Guest agrees to take a higher degree of care in the use of the Property because of the age of the structures on the Property, such as patio railings, window screens, garbage disposal, gas stove, sharp kitchen utensils, dangerous culinary equipment, bulky furniture including heavy hanging mirrors, paintings, TV’s, and any applicable others.
All problems, including inadequate cleaning and damage or any hazards must be reported in writing to Manager within 24 hours of check-in for the prior Guest to be held responsible for damages and any cleaning or maintenance to be performed to mitigate the risks.
Manager reserves the right to enter premises at any time for the purpose of effecting necessary inspections, repairs or maintenance.

Occupancy:

The maximum number of occupants allowed in the Property depending on the address varies from 6-16 at any given time. Children over the age of 2 are counted. Guest is the person who will occupy the Property.
Overcrowding and/or any activities hazardous or risky to Guests’ well being and/or owner’s property as perceived by the owner are grounds for IMMEDIATE REVOCATION OF LICENSE to the Property and REMOVAL of Guest WITHOUT a REFUND. Overcrowding and structure abuse may result in a structural damage to the property, including a floor collapse, which can result in personal injury or even death.
Misrepresentation constitutes a violation of this agreement or parents may not book Properties for their children if they do not plan to attend. Guest or a person who has made the reservation for a group must be present at the Property for the time of the reservation and take a full responsibility for the Property.
Small children are the responsibility of Guest. Children should not roam free on balconies, climb on furniture and/or roof, hang out of windows, or engage in other risky or unsupervised activities.

Restrictions on Property Use:

Guests are prohibited from engaging in any unlawful activity, such as illicit drug use or prostitution, hazardous activities, including underage and excessive drinking that may result in serious injuries or death.
Any other activity that constitutes a nuisance, such as violations of the Good Neighbor Rules (San Diego Municipal Code 59.5.0502) is posted on the property. If the SD police is called to intervene due to noisy/disorderly conduct and any violation of the Good Neighbor Rules will result in immediate eviction without refund. If no eviction occurs, security deposit will not be returned to the guest.
Guest will be held liable for any city’s fines, loss of business, as well as, damages to the Property, contents and grounds.
Nondisclosure of having pets beforehand is grounds for immediate removal without refund. Some pets can be allowed on the property; however, each case needs to be discussed and considered by the manager on individual merits.
Smoking Prohibited: All properties are nonsmoking properties and any form of smoking is prohibited INSIDE the properties. If smoking does occur on the premises, Tenant is responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors, removal of debris, any destruction due to accidental fires, as well as, the resultant personal injuries or death. Smoking by Tenant or Guests is a breach of this agreement and occupants may be required to vacate the premises, forfeit his/her Tenancy Deposit and be subjected to additional charges.

Limitations on Rental:

Personal Property Loss: Manager is not responsible for any loss or damages whatsoever due to the loss, theft or damage to Guest's personal property or to personal property owned by Guest's visitors including any vehicles whether owned, leased or rented.
Manager will not be liable for circumstances beyond their control, including but not limited to these properties not meeting Guests’ expectations, any personal accidents and resultant injuries or death, appliances or air conditioning/heating failure, other mechanical failure, unfavorable weather, disruption of utility services including cable television, etc. There will be no relocation, rental proration or refund in the event of such circumstances.
In the event Manager is unable to deliver the Property to Guest because of property sale, property Manager decision, fire, mandatory evacuation, eminent domain or Acts of Nature, or if the property is unavailable because of construction delays or lack of utilities, Guest agrees that Manager's sole liability, as a result of any of these conditions, will be his best effort to correct the adverse circumstances.
Guest expressly acknowledges that in no event will Manager be held liable for any other condition out of the control of the Manager, or for any incidental or consequential damages, including but not limited to, expenses that result from the loss of rental, moving, medical care, funeral expenses, personal disability, material and income losses or for any other losses.
Subletting and Assignment: Guest may not sublet, sublicense or otherwise grant any rights to the Property.
Property Use: The Property may not be used for any activity in violation of local, state or
Federal laws, or California Insurance rules and regulations.

Tenancy: Guest acknowledges that this is NOT a tenancy for the Property. The Property is not rented for more than 30 days and is taxed and treated as a transient occupancy, akin to hotel accommodations. Property laws do not apply to the license granted herein, and Guest may be removed as a trespasser immediately upon termination of this license. The Property is rented on regular short term periods and for a significantly higher rate than a non-vacation rental. Often Guest is scheduled to begin a vacation in the Property on the same day as the checkout day of another prior Guest. If Guest stays even one additional day, Manager would face significant logistical problems with the next Guest, including possible liability. As such, Guest agrees to vacate immediately on the checkout day at 10:00 a.m. Failure to do so will entitle Manager, in addition to all other remedies available to it, to have Guest ejected by law enforcement as trespasser and to physically remove Guest

& all of Guest's possessions from the Property (for which Guest hereby grants permission and consent) and obtain damages and injunctive relief against Guest.

Indemnification: Guest agrees to release Manager from and against all liability should anyone be injured upon the premises during the term of occupancy resulting from any cause whatsoever, including in the case of personal injury caused by willful gross negligence on the part of the Manager because Guest has agreed to and is required to inspect the property and report any hazards prior to occupancy.

Effective Date: Notwithstanding anything to the contrary, this Occupancy Agreement is binding and effective when no signature is required and Guest's affirmative assent to the terms is expressed by Guest's reservation of the unit. If Guest desires to terminate this agreement due to lack of assent, he/she must do so within three days of the date the reservation was made.

Governing Law: The terms and conditions stated herein will be interpreted by and governed under the laws of the State of California and any action arising out of this agreement shall be litigated in the State of California.

Attorney's Fees: In the event of any action or proceeding commenced by any party, Guest shall be responsible for all costs of litigation, including actual attorney's fees. If Manager consults legal counsel or a professional collection service for collecting any amounts due to Manager under this Agreement, Guest shall be responsible for all costs of litigation and/or collection in case of such, including actual attorney's fees.

Invalid Provisions: If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof; and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance hereof. Furthermore, in lieu of such illegal, invalid or unenforceable provision there shall be added automatically as a part of the Agreement a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and still be legal, valid or enforceable.

Entire Agreement: This Agreement sets forth the entire understanding of the parties and supersedes all prior agreements or understandings, whether written or oral, with respect to the subject matter hereof. No amendment or modification hereto shall be binding unless made in writing and signed by the parties hereto.

Waiver: The waiver by either party hereto of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of a subsequent breach of same provision by any party or of the breach of any other term or provisions of this Agreement.

Headings: Headings of the paragraphs herein are used solely for convenience and shall not be used for interpretation or construing any word, clause, paragraph or provision of this Agreement.

By submitting my reservation and signing my name below, I hereby agree and accept all the terms and

conditions stated above. (Please print, fill out, date and mail the signed form to Behzad Aalaei at the

time of payment.)

Signature: ____________________________________ Date: _____________________

Print Name: ______________________________ Date of Birth: _____________________

Current Address: __________________________________________________________

Phone Number ____________________ Alternate Phone Number: ____________________