Rental and Cancellation Policy

VACATION RENTAL AGREEMENT

Please read your Vacation Rental Agreement and Folio carefully before you begin your vacation. Any monies received byVacation Rentals by Kimberly, LLC (herein referred to asVRBKIM) for occupancy of Vacation Property indicated the acceptance of the terms of our Vacation Rental Agreement in full. All policies are strictly enforced. It is the responsibility of all guests and members of their party to be familiar with all policies pertaining to rental. Terms include a No Tolerance policy regarding excessive noise, parties, or disturbing neighbors. Please make sure you are comfortable with our Terms as they are strictly enforced.

DAMAGE WAIVER:Our properties are inspected before and after each reservation. Tyneal Simon and guests agree to pay for any flagrant damage to the units, excessive cleaning required at check-out, missing or damage to the units’ content, or any other accidental damage to anything beyond reasonable wear and tear withinthe rental unit during the rental period. Your reservation was either charged $89.00 for a Damage Waiver to cover up to $1,500 in damage or we collected a deposit. Ifany damages are above this then the Renter authorizes any said damage or missing items charged to their payment identified.
REGULATIONS

RESERVATIONS:All Reservations are subject to Management and Property Owner approval. Online rates are subject to change without notice. ALL ONLINE BOOKINGS ARE NOT CONFIRMED UNTIL WE CALL YOU AND CONFIRM WITHIN 48 HOURS. Should there be ANY issues with the reservation, you will be contacted within 48 hours.

ARRIVAL TIME:Check time is NO EARLIER than 4 pm on 10/28/2017. A very early arrival may be arranged for $75 ($100 at properties that sleep 11+), pending other reservations and the housekeeping schedule. Please contact us within 24 hours of your arrival to make these arrangements. Unless you have specifically arranged for an early arrival time, please do not arrive at the property before your schedule check in time.

DEPARTURE TIME:Check out time in NO LATER than 11:00 amon 11/04/2017. Your prompt departure is appreciated so we can prepare the unit for any incoming guests. A very late departure may be arranged for $75 ($100 at properties that sleep 11+), pending other reservations and the housekeeping schedule. If you have not arranged for a late check out, you may be charged $35 for each hour beyond 11 am you are still on property, at a minimum of one hour. If the unit has not been vacated by 4 pm, a fee equal to the rental rate of 2 ½ days may be assessed.

ALL PAYMENTS ARE NON REFUNDABLE:ALL PAYMENTS ARE NONREFUNDABLE. Total cost is due to reserve property. A reservation can be made with a 100% payment paid by credit card. The credit card must have an expiration date that extends beyond your stay. If the Guest(s) has no Visa, Master Card, or Discover Card. A $35.00 service charge will be incurred for any returned checks.Make check payable to:Vacation Rentals by KimberlyMail to:Vacation Rentals by Kimberly,145 21st Street, Del Mar, CA 92014.

CANCELATIONS AND REFUNDS: Cancelations that are made more than sixty (60) days prior to the arrival date will incur a $500 restocking fee. Cancelations or changes that result in a shortened stay, that are made within 60 days of the arrival date, forfeit the full advance payment (not including deposit and cleaning fee). Cancelation or early departure does not warrant any refund of rent. Cancelations or reschedules made with less than 60 days’ notice will result in 100% loss of all payment less any security deposit or damage waiver. All reservation changes must be acknowledged in writing.

UNAVAILABILITY:For any reason beyond the control of Management, the Premises becomes unavailable, Management may substitute a comparable unit or cancel this Agreement and refund in full all payments made by the Guest.

STRICT NOISE ORDINANCE: No loud noises, music, loud vehicles are allowed between the hours of 9:00pm and 9:00am. Please note if these are not followed you can be fined and asked to vacate the property without any type of refund.

APPROVED GUESTS, USE AND OCCUPANCY:The Premises are for the sole use as a personal vacation residence by Approved Guests. Reserving Guest is responsible for any guests that use the property during the term of this agreement. Guests may not exceed Max Occupancy for Property at any time. If the Premiseare used, in any way, by more than max allowed guests 1) Guest and all others may be required to immediately leave the Premises or be removed from the Premises; 2) Guests in breach of this Agreement; and 3) Guests forfeits its right to return of any monies collected. Approved Guests are persons who will occupy the Premises. No unlawful activity or any other activity that constitutes a nuisance is permitted on Premises. Approved Guests take full responsibility for all lost or broken items, and any damages to the Property of any kind.

OCCUPANCY:Approved Guests are persons who will occupy the Premises. No unlawful activity of any other activity that constitutes a nuisance is permitted on Premises. Approved Guests take full responsibility for all lost or broken items, and any damages to the Property of any kind.

SECURITY DEPOSIT: A Valid Credit Card to be kept on file is required upon Reservation. Your reservation was either charged $89.00 for a Damage Waiver to cover up to $1,500 in damage, or we collected a deposit. Should a Security Deposit not be collected or damages costs are above the coverage of the Damage Waiver or about the amount of deposit, the Credit Card on file will be charged for any of these costs. Guests thereby grants consent for Vacation Rentals by Kimberly Properties to charge Credit Card on file for any damages, missing items, excessive cleaning, fines, and, if necessary, cost incurred to remove Guest from property.

CLEANING:Premises will be delivered to Guest in a professionally cleaned condition. A non-refundable cleaning fee is required with all reservations. This fee is for our housekeepers who dust, vacuum, sanitize, clean linens and towels, maintain the rental and remove refuse from the property. Guest(s) are required to follow all check out procedures detailed in this agreement and leave the property in the same general and good habitable condition it was in when the Guest(s) arrived. Undue and/or unreasonable cleaning of the unit shall be charged to the Guest’s/Cardholder’s credit card as an Additional Cleaning Charge at a rate of up to $45/hour, with a one hour minimum. This also applies to the property exterior, grounds, and BBQs (if so equipped).

LINENS & TOWELS:Bath towels, sheets, pillows and blankets are provided. We provide beach towels for outdoor use. DO NOT take the unit’s linens or bath towels outside. Bring items with you that you may need for sunbathing outside. Please allow us to wash the unit’s linens unless you need clean linens during your stay. Extra sheets and towels are provided if you are staying a week or longer (otherwise one set per guest are provided where laundry facilities are available).

PETS:Pets are allowed in certain units as long as the applicable pet fees have been paid. Unauthorized occupancy of pets in not pet units will result in immediate eviction and loss of all rents and deposits. If discovery of unauthorized pets is made after your departure, a penalty of $45/day plus any additional cleaning charges will be assessed. If you are given permission to bring a pet the following rules must be followed:1) $125 pet fee for each pet. 2) No pets on any furniture or bedding. 3) Please do your best to remove all pet hair to avoid additional cleaning time/charges. 4) All waste must be picked up and placed in the garbage cans tied securely in trash bags. (Please remember we don’t have garbage service and housekeepers have to remove your trash with their vehicles!) 5) No pets in the bath tub. 6) Pets should not be left unattended in unit unless crated. 7) Damage up to $1500 caused by authorized pets is COVERED if you opted in for the Vacation Rental Damage plan! Otherwise, guest assumes full responsibility for any damage caused by pet to be charged to credit card on file. 8) Any extra cleaning that must be done because of pet(s) will be charged to renter at rate of $45 an hour.

NO SMOKING:Smoking is NOT permitted in any Vacation Rental by Kimberly Property. If smoking does occur on the Premises, 1) Guests responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors and removal of debris; 2) Guests may be required to immediately leave the Premises, or be removed from the Premises; 3) Guests in breach of this Agreement. If there is any tobacco smell in the unit after your departure, there will be a minimum $250 charge. Oil lamps and incense are not permitted due to the long-lasting odor. If these policies are violated, there will be a charge for excessive cleaning.

CONDITION OF PREMISES:Guests shall, on arrival, examine the Premises, all furniture, furnishings, appliances, fixtures and landscaping (if any) and shall immediately report, in writing, if any are not in operating condition or are in disrepair. Reporting repairs does not give the Guest right to cancel this Agreement or receive a refund of payments made. Take a look around the rental. If there are concerns or issues with your rental property, pleaseimmediatelycontact our office (leave a message if there is no answer).No refunds or considerations are given unless we were notified of problems during your stay.

LOST OR LEFT ITEMS:Management assumes no responsibility for lost, stolen or abandoned items. Reasonable effort will be made to contact the Guest for return. There will be a $25.00 handling charge plus shipping costs for any found items returned at Guest’s request. Management shall not be held liable for condition of said items. Any items not claimed for longer than 30 days, may be donated or sold. Please check carefully for belongings before you leave. Left items can be mailed to you if requested and you will be charged shipping costs plus a $10 service fee. Vacation Rentals by Kimberly is not responsible for lost or stolen items.

MAXIMUM OCCUPANCY: No guests in excess of the maximum occupancy specified in the rental agreement shall occupy the property. Breach of this will result in immediate termination of the rental agreement with a forfeiture of the entire rental amounts and or security deposit.

ILLEGAL SUBSTANCES:No illegal substances are allowed in the rental, and minors should not be in possession of alcohol. Violations will result in eviction from the property and no refunds will be issued.

TV/CABLE/INTERNET/SATELLITE:No refund shall be given for number of devices, outages, content, or lack of content or personal preferences with regard to cable/internet/satellite service. Services are provided as a convenience only, and are not integral to this agreement. No refund shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to service.

PLUMBING:Do not put any feminine products in the toilet. The toilets are water-saving models and don’t have a strong flush – limiting the amount of toilet paper used will help prevent a clog. Plungers are provided if a clog occurs. Please do not pour grease down the drain.

SYSTEM(S) FAILURES:In the event the rental unit sustains a failure of a system, including but not limited to water, sewer, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating or other system or structural systems, neither the property owner nor the Management shall be liable to Guest for damages, and no refunds will be given for such failures. However, Management will make an effort to promptly repair or replace the failed system or equipment, and in such event, Guest agrees to permit Manager or its service provider to have reasonable access to the property to inspect and make repairs.

NO COMMERCIAL USE:Guests shall not, and shall ensure that Guest and licensees or Guest shall not: 1) disturb, annoy, endanger, or interfere with other Guests of the building in which Premises is located or its neighbors; 2) use the Premises for any commercial or unlawful purpose including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband; 3) violate any law or ordinance; or 4) commit waste or nuisance on or about the Premises.

MAINTENANCE AND REPORTING:Guest shall properly use, operate and safeguard the Premises including, if applicable, any landscaping, furniture, furnishings, appliances and all mechanical, electrical, gas and plumbing fixtures, and keep them clean and sanitary. Guest shall immediately notify Management of any problem, malfunction or damage. Guest shall pay for all damage to the Premises as a result of failure to report a problem, malfunction or damage in a timely manner.

RIGHT OF ENTRY:Guest(s) agree that Vacation Rentals by Kimberly reserves the right to enter the rental property any time to investigate disturbances, check occupancy, check for damage, to make such repairs, alterations or improvements as we may deem appropriate, or to show the property to prospective purchasers or guests (in which case prior notification will be given).

TERMINATION OF OCCUPANCY:Upon termination of occupancy, Guest shall: 1) return all copies of all keys or opening devices to the Premises, including any common areas; 2) vacate the Premises and surrender it to Management empty of all persons at agreed upon time; 3) vacate any/all parking and/or storage space; and 4) deliver the Premises to Management in the same condition less ordinary wear and tear as received upon arrival.

WEATHER/MOTHER NATURE: Vacation Rentals by Kimberly cannot be held responsible for circumstances beyond our control. This includes excessive noise from construction or public/private events, wildfire/smoke, weather related interruptions, road closures, interruption of services and utilities or unexpected appliance breakdown. Vacation Rentals by Kimberly does NOT issue refunds due to acts of nature.

PERSONAL PROPERTY AND INJURY: 1)Owner Insurance: Guest personal property, including vehicles, are not insured by Owner or, if applicable, HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner/Management does not insure against personal injury to Guest, guests or licensees due to any reason other than the condition of the Premises. 2) Guest Insurance: Management recommends that Guest carry or obtain insurance to protect Guest and licensees and their personal property from any loss or damage. 3) Indemnity and Hold Harmless: Guest agrees to indemnify, defend and hold harmless Owner and Management from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage or injury to Guest or licensees or their personal property.

MEDIATION: Guest agrees to mediate any dispute or claim arising out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among parties involved.

JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Guest, each one shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually with every other Guest.

ENTIRE CONTRACT: Time is of the essence. All prior agreements between Owner and Guest are incorporated in this Agreement, which constitutes the entire contract. It is intended as a final expression of the parties’ agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Agreements. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this Agreement. The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach. This Agreement shall be governed and construed in accordance with the laws of the State of California and San Diego County. San Diego County shall have personal jurisdiction over the parties and the county in which the Premises is located shall be the forum for any legal action brought in relation to this Agreement.

RELEASE: In consideration of the right to visit the home, Guest agrees to release to the fullest extent allowed by law, Owner and its Management, members, officers, associates, employees, agents, representatives, attorneys, assigns, and affiliates (collectively, the Affiliates) from all liability or responsibility of any kind whatsoever for any personal injury, death, property damage or other loss sustained by me, my minor children, any guest identifies on this form, or any guest or person allowed onto the property during my rental dates as a result of my, my children or the guests participation in a visit to the home, due to any cause whatsoever, including without limitation negligence on the part of Owner or Management. I understand that this release will bind my heirs, administrators, executors, and any other person or entity seeking to claim under or through me.

EMERGENCIES/ MAINTENANCE:In the event of a problem getting in the unit or if there are problems with condition or functionality of the unit, please immediately contact theGuest Services Department (leave a voice messageandsend a text message if there is no answer!) at (858) 461-8575. If it is after office hours we will make every effort to return your call as soon as possible. If we do not promptly return your calland it is an urgent situation, you may call Vacation Rental Maintenance at (858) 461-9121. Otherwise, you will be contacted during normal business hours.

CHECK OUT CLEANING REQUIREMENTS:A starter supply of expendable supplies such as paper goods and soap is provided; please bring additional if you feel this will not be adequate. Basic cleaning supplies are stocked to do your own cleaning during your stay. Housekeeping is not provided during your stay unless previously arranged. Failure to comply with pre-departure cleaning requirements resulting in excessive cleaning will be charged to your credit card at $45/hour, with a one-hour minimum. 1) Place soiled towels in the bathtub. 2) All dirty dishes, cookware and eating utensils should be washed, rinsed, dried and put away in the proper location. 3) Floors should be in generally good condition and ready to be vacuumed by our housekeepers. 4) All household trash, garbage, recycling and/or other discarded items should be properly bagged up so as to avoid spillage/leakage, and deposited in the proper refuse containers provided. Please do your best to help us recycle by hauling it out with you. 5) Refrigerator and microwave should be left clean and free of food. 6) All appliances (stove, oven, BBQ, etc.) should be left in a clean condition and free of spills and grease. 7) Please wipe down counters and other surfaces. 8) All litter must be picked up from the premises and placed in the outside garbage cans, tied securely in trash bags. 9) Please try not to leave any pet hair in the home! Duct tape works great on furniture and may be provided with our other cleaning supplies. 10) GLITTER AND CONFETTI ARE NOT ALLOWED AT ANY PROPERTY, INSIDE OR OUTSIDE.

SECURITY & SAFETY RISKS:ALWAYS LOCK DOORS AND WINDOWS WHEN YOU LEAVE THE UNIT! When you rent the unit, you assume responsibility for it and its contents, as well as your personal property. Always lock the doors and windows when you leave the unit. Guest is responsible for lost key replacement costs. Children are welcome, but there are conditions in and around the home that may pose hazardous to them, as well as to adults. Vacation Rentals by Kimberly does not assume any responsibility for injuries resulting from your failure to use due caution. Children must be supervised at all times. Candles are not allowed due to fire hazard except citronella candles in buckets outside, or supplied emergency candles in case of power outage.

TERMS AND CONDITIONS
A completed“VacationRental Agreement”is required within 24-hours to hold your reservation. The Rental Deposit is due upon receipt. Review and acceptance of the Vacation Rentals by Kimberly Terms & Conditions which is made part of this rental agreement is required before a confirmation will be issued.

PRIVACY: You can register or change your preferences to receive or not receive marketing communications from us by emailing us at info@vacationrentalsbykimberly.com. Please allow sufficient time for your preferences to be processed. Even if you opt out of receiving marketing messages, we may still contact you for transactional purposes like confirming or following up on a reservation or home inquiry or asking you to review your stay. If you later opt back into getting marketing communications from us, we will remove your information from our opt-out databases.

RATES:
Rates are quoted on a per night, per week or per month basis as noted. Unless specified, check-in time is after 4:00 p.m., and checkout by 11:00 a.m. on the day of departure. Most rates quoted are for a specified number of people (4 for 2-bedroom, 6 for 3-bedroom), additional guests are subject to a per person, per day charge. Charges vary and are subject to change without notice. All properties represented by Streamline Getaways come fully equipped with television(s), linens, dishes and utensils and an initial supply of soap and paper goods. Other amenities vary per property.

ADDITIONAL CHARGES(NOTincluded in rate):

Rates doNOTinclude lost or damageditems including Key(s): $100-$300 per key, Garage Clicker(s): $100 each, Beach Gear: $40-$150, Bike(s): $200-$350, Community Key(s): $100, Fob(s): $100, Bi Folding Door Damage: $250-$500, Trash Removal Fee: $100,Fan Remote(s): $200, Grey Gate Remote(s): $175,AC/Heat Remote(s):$200, Maid Service (unless noted), Gratuities, Out-of-Country (except Canada) Long-Distance Phone Charges, Car Rental, Food, Liquor, Laundry, Personal Items, Excessive Cleaning upon Departure (i.e. Upholstery or Rug Shampooing, etc.).
– INITIAL RENTAL CHARGES WILL NOT BE CHARGED TO THE CARD UNLESS PREVIOUSLY AGREED.-
It is hereby agreed that unpaid rent, excessive cleaning, damage, lost keys or lock-outs may be charged to this card if necessary.