Questions or Comments:

- www.missionbayvacationrentals.com

- info@missionbayvacationrentals.com
- (858) 228-3634

VACATION RENTAL AGREEMENT

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(Occupant) agrees as follows:

PROPERTY: Occupant rents, for vacation purposes only, the furnished real property and
improvements described as:
The Premises has
bedroom(s)
and
bath(s).
ARRIVAL AND DEPARTURE: Check-in is at
on
and Check-out is

at

on

, unless otherwise agreed to in writing.

AUTHORIZED USE AND GUESTS: The Premises are for the sole use as a personal vacation
residence by not more than total adults and children listed on the attached Guest List. The signing
guest must be at least 25 years or older and must be present at the property during the duration of the
stay. If the Premises are used, in any way, by more persons than those identified in this paragraph, (i)
Occupant, Authorized Guests and all others may be required to immediately leave the Premises or be
removed from the Premises; (ii) Occupant is in breach of this Agreement; and (iii) Occupant forfeits its
right to return of any rent and security deposit.
PAYMENTS: Occupant agrees to the payments on the attached Invoice. The Premises will not be
held for Occupant until the Booking Fee has been received. The Booking Fee is for services rendered
in entering into this Agreement and is NON REFUNDABLE. Keys will not be released to tenant until
the full balance has been received and this agreement has been signed and returned.
BALANCE DUE: Any and all balance is due 90 days prior to Check-in.
LOSS DAMAGE WAIVER (LDW):
A. In lieu of a security deposit I agree to a NON REFUNDABLE Loss Damage Waiver of $59.99

B.

The Loss Damage Waiver covers the first $1000 of incidental damage to the property;
which include accidental damage and normal wear and tear to, the structure,
furnishings, fixtures, furniture, appliances, and landscaping within the premises.

The Loss Damage Waiver does NOT cover the following: (i) Occupants default in payment of rent,
non-sufficient funds (NSF) fees or other sums due, (ii) Damage caused by criminal acts, willful
vandalism to the property or, (iii) as a result of a breach in this agreement. (e.g., smoking in the
unit, unauthorized pets, exceeding occupancy, or rowdy partying.)
D. If Occupant causes damage in excess of the $1000 Loss Damage Waiver, or as described in 7.C.
or elsewhere in this agreement, Occupant authorizes the balance to be charged to the credit card
used to rent the property.
Occupants initials (______)(______)
HOLDING OVER: Occupant agrees there shall be no holding over or late departure without prior
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approval. Any unauthorized holding over by Occupant shall be subject to a charge of 1 and 1/2 times
the daily prorated rent (Holdover Rate), plus any additional damages incurred including, but not
limited to, the cost of alternative housing for guests displaced by Occupants holding over. Late checkouts will be charged 50% of the Holdover Rate unless otherwise agreed to in writing.
CLEANING: Premises will be delivered to Occupant in a professionally cleaned condition. Please
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report any cleaning issues immediately. No refunds will be provided on cleaning issues not
reported within 24 hours of check in. Upon termination of occupancy, Occupant will deliver the
Premises in the same condition less ordinary wear and tear. (Linens do NOT need to be washed). If
Occupant does not return the Premises in the same condition, and cleaning exceed the $500 LDW
then additional charges may occur.
10. NO PETS: Pets are not allowed unless agreed to in writing. Regardless of whether a pet is
authorized, the Occupant is responsible for any and all damage caused by the pet. If an unauthorized
pet is on the Premises, (i) Occupant, Authorized Guests, pet(s) and all others may be required to
immediately leave the Premises, or be removed from it, (ii) Occupant is in breach of this Agreement,
and (iii) Occupant agrees to pay for any and all damages caused by the pet (Such damages are not
covered by the LDW).
11. NO SMOKING: No smoking is allowed on the Premises. If smoking does occur on the Premises, (i)
Occupant is responsible for all damage caused by the smoking including, but not limited to, stains,
burns, odors and removal of debris; (ii) Occupant, Authorized Guests, and all others may be required to
immediately leave the Premises, or be removed from the Premises; (iii) Occupant is in breach of this
Agreement; and (iv) Occupant agrees to pay for any and all damages caused by smoking. (Such
damages are not covered by the LDW.
C.

Occupant acknowledges receipt of a copy of this page. Occupants initials (______)(______)

Vacation Rental Agreement (Page ! 1 of 6
! )

12.

CANCELLATION; REFUND: If Occupant cancels or otherwise terminates this Agreement

prior to the latest Payment Due Date, the Booking Fee becomes a cancellation fee. If
Occupant cancels or otherwise terminates this Agreement after the latest Payment
Due Date, Occupant shall be responsible for the rent. If the property is re rented,
Occupant will be refunded the amount the property was re-rented for, up to the
amount the occupant paid.
Occupants initials (______)(______)

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NSF CHECKS: If a check is returned NSF, Occupant shall pay $25.00 as an NSF fee. Occupant
agrees that this charge represents a fair and reasonable estimate of the costs Owner may incur by
reason of Occupants NSF payment. An NSF check will result in cancellation of this Agreement if the
required payment is not made by the applicable Payment Due Date.
CONDITION OF PREMISES: Occupant has not viewed the Premises prior to entering into this
Agreement. Occupant 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 Occupant the right to cancel this
Agreement or receive a refund of any payments made.
UTILITIES: Owner is to pay for all utilities except long distance telephone charges.
RULES; REGULATIONS; NO COMMERCIAL USE: Occupant agrees to comply with any and all rules
and regulations that are at any time posted on the Premises or delivered to Occupant. Occupant shall
not, and shall ensure that guests and licensees of Occupant shall not: (i) disturb, annoy, endanger, or
interfere with other occupants of the building in which Premises is located or its neighbors; (ii) 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; (iii) violate any law or ordinance; or (iv)
commit waste or nuisance on or about the Premises. There is a ZERO tolerance policy in regards
to disturbing neighbors. Upon a first offense Occupant, Authorized Guests and all others will
be required to immediately leave the Premises or be removed from the Premises; (ii) Occupant
is in breach of this Agreement; and (iii) Occupant agrees to pay for any and all damages caused
by any such occurrences. (Such occurrences are not covered by the LDW.)
CONDOMINIUM; PLANNED UNIT DEVELOPMENT: If the premises is locate in a condominium,
planned unit development or other development governed by a homeowners' association (HOA),
occupant agrees to comply with all covenants, conditions and restrictions, bylaws, rules, regulations
and decisions of the HOA.
MAINTENANCE: Occupant 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. Occupant shall immediately notify Owner or
Owners Representative of any problem, malfunction or damage. Occupant shall pay for all repairs or
replacements caused by Occupant, guests and licensees of Occupant, excluding ordinary wear and
tear. Occupant shall pay for all damage to the Premises as a result of failure to report a problem,
malfunction or damage in a timely manner. Occupant shall pay for repair of drain blockages or
stoppages, unless caused by defective plumbing parts or tree roots invading sewer lines.
ALTERATIONS: Occupant shall not make any alterations in or about the Premises including, but not
limited to, moving furniture, painting, wallpapering, adding or changing locks, installing antenna or
satellite dish(es), placing signs, displays or exhibits, or using screws, fastening devices, large nails or
adhesive materials.
ENTRY:
A. Owner and Owners representatives and agents have the right to enter the Premises, at any time,
(i) for the purpose of making necessary or agreed repairs, decorations, alterations, improvements,
for maintenance or to supply necessary or agreed services; (ii) to verify that Occupant has
complied with the terms of this Agreement; or (iii) in case of emergency.
B. Owner and Owners representatives and agents have the right to enter the Premises, upon
reasonable notice, to show the Premises to prospective or actual purchasers, occupants, tenants,
mortgagees, lenders, appraisers or contractors.
NO ASSIGNMENT OR SUBLETTING: Occupant shall not assign any interest in this Agreement or
sublet any part of the Premises. If this Agreement is assigned or the Premises or any part thereof is
sublet, (i) Occupant, Authorized Guests, assignee(s), sub lessee(s) and all others may be required to
immediately leave the Premises, or be removed from it; (ii) Occupant is in breach of this Agreement;
and (iii) Occupant agrees to pay for any and all damages caused by any such occurrences. (Such
occurrences are not covered by the LDW.)
UNAVAILABILITY: If for any reason beyond the control of Owner or Owners Representative, the
Premises is unavailable, Owner or Owners Representative may substitute a comparable unit or cancel
this Agreement and refund in full to Occupant all payments made.
OCCUPANTS OBLIGATIONS UPON TERMINATION OF OCCUPANCY: Upon termination of
occupancy, Occupant shall: (i) give Owner all copies of all keys or opening devices to the Premises,
including any common areas; (ii) vacate the Premises and surrender it to Owner empty of all persons;
(iii) vacate any/all parking and/or storage space; and (iv)deliver the Premises to Owner in the same
condition less ordinary wear and tear as received upon arrival.
Occupant acknowledges receipt of a copy of this page. Occupants initials (______)(______)
Vacation Rental Agreement (Page ! 2 of 6
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PERSONAL PROPERTY AND INJURY:

A.
Owner Insurance: Occupants or guests 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 does not insure against personal
injury to Occupant, guests or licensees due to any reason other than the condition of the
Premises.
Occupant Insurance: Owner recommends that Occupant carry or obtain insurance to protect
B.
Occupant, guests and licensees and their personal property from any loss or damage.
C. Indemnity and Hold Harmless: Occupant agrees to indemnify, defend and hold harmless Owner
and Owners Representative from all claims, disputes, litigation, judgments, costs and attorney
fees resulting from loss, damage or injury to Occupant, Occupants guests or licensees or their
personal property.
MEDIATION: Occupant 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 the parties involved.
DATA BASE DISCLOSURE: NOTICE: The California Department of Justice, sheriffs departments,
police departments serving jurisdictions of 200,000 or more, and many other local law enforcement
authorities maintain for public access a data base of the locations of persons required to register
pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code. The database is
updated on a quarterly basis and a source of information about the presence of these individuals in any
neighborhood. The Department of Justice also maintains a Sex Offender Identification Line through
which inquiries about individuals may be made. This is a 900 telephone service. Callers must have
specific information about individuals they are checking. Information regarding neighborhoods is not
available through the 900 telephone service.
JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Occupant, each one shall be
individually and completely responsible for the performance of all obligations under this Agreement,
jointly and individually with every other Occupant.
TRANSIENT OCCUPANCY: Occupant is renting the Premises as a transient lodger for the number of
days specified in paragraph 3 from Owner who retains full legal, possessory and access rights.
OTHER TERMS AND CONDITIONS, including ATTACHED SUPPLEMENTS: Find attached an
invoice which lays out the rents charged as well as dates of rental.
ENTIRE CONTRACT: Time is of the essence. All prior agreements between Owner and Occupant 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 Agreement. 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. California 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.

Occupant _______________________________________________________Date___________________
Sign
Print
Address_____________________________________ City ________________State_____ Zip__________
Telephone_______________________ Fax_____________________ E-mail________________________

For information regarding the Premises or this Agreement, Contact Owners Representative:
Mission Bay Vacation Rentals
P.O. Box 600669, San Diego, CA 92160
(858) 228-3634
(858) 951-0202 (Fax)
info@missionbayvacationrentals.com

Occupant acknowledges receipt of a copy of this page. Occupants initials (______)(______)

Vacation Rental Agreement (Page ! 3 of 6
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Additional Disclosures and Info

Noise
Mission beach is a densely populated area with a mixture of vacationers and locals coming to enjoy the
beach. Please be aware that there could be parties or other noises on the beach, next door, or even in the
unit above or below you. Noise complaints after 10 PM should be reported to the local police department.
MBVR and the owner of the property are not responsible for keeping Mission Beach quiet. MBVR is
responsible for keeping our tenants quiet and therefore have a zero tolerance policy for complaints made by
neighbors.

Parking

Parking in Mission Beach is very limited. Please note the number of spaces that your unit has and be
prepared to search for additional parking. Also please observe all signs as unlawfully parked cars will be
towed / ticketed. MBVR is not responsible for providing parking besides what is advertised with the unit. If
someone is parked in your space, Honk for a minute, usually it is a neighbor unloading something, if no one
shows up, have the car towed.

Construction

Construction is common in Mission Beach and there is no way to keep track of, or know when, a
construction project will start and stop, next door, upstairs, or down the street. Often properties are booked
months or even years in advance. MBVR and owner have no control over construction on other peoples
property. We will try and work with the other owners to mitigate the impact on your vacation, however
construction work in adjacent properties will not warrant a discount, or any other change in your rental
agreement.

Personal Items

Please keep an eye on personal items. Most people in Mission Beach are there to have a good time, but
unfortunately as in any vacation area, there are individuals who will take advantage of people relaxed on
vacation. Please lock the doors to the property when you leave, and make sure you don't leave personal
items unattended. Bikes and surf boards are particularly susceptible and we recommend bringing them
inside the garage or unit at night. Mission Bay Vacation Rentals and the Owner are not responsible for lost
or stolen items.

Loss Damage Waiver

Please keep in mind that the Loss Damage Waiver is intended to insure against accidental damage and
normal wear and tear to the structure, furnishings, fixtures, furniture, appliances, and landscaping
within the premises.. It does not cover damage caused by criminal acts, vandalism, or gross negligence
on the part of the tenant or their guest. Also keep in mind that any damage caused by a breach in this
agreement is not covered by the Loss Damage Waiver, and will be the full responsibility of the tenant.

Air Conditioning

Please be aware that there are very few, if any, units that have air conditioning in Mission Beach.
days please open windows and doors for cross ventilation and use the fans provided.

On hot

I have read and understand the above additional disclosures.

Occupant _______________________________________________________Date___________________
Sign
Print

Occupant acknowledges receipt of a copy of this page. Occupants initials (______)(______)

Vacation Rental Agreement (Page ! 4 of 6
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Guest List
Please list all overnight guests and their ages below. The signers of the
agreement must also be included on this list.
Name

Age

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20

Occupant acknowledges receipt of a copy of this page. Occupants initials (______)(______)

Vacation Rental Agreement (Page ! 5 of 6
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Occupant acknowledges receipt of a copy of this page. Occupants initials (______)(______)

Vacation Rental Agreement (Page ! 6 of 6
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