In consideration of the monies received and the mutual promises contained herein, the owner (Owner) of the subject property (The Property) through Mission Sands (as agent to the Owner) hereby agrees to give a license to use the Property to the undersigned, (herein referred to as Licensee), on the property and dates described in the confirmation letter and under the conditions stated herein.
1. Check-in begins at 3:00 PM, and ends at 4:00 PM, on the arrival date at our office, which is located at 804 San Luis Obispo Pl, on the NE corner of San Luis Obispo Pl and Mission Blvd. Late arrivals should contact the office at least 72 hours prior to arrival so alternate arrangements can be made.
2. Checkout time: Checkout is NO LATER than 10:00 AM on the departure date.
3. Reservation Deposit: Mission Sands requires a “Reservation Deposit” of 1/3 of the total to hold an advance reservation if the reservation is made 90 or more days prior to arrival. The Reservation Deposit is payable immediately. If payment is not received immediately, the booking can be cancelled without notice.
4. Security Deposit: In lieu of a cash deposit, Mission Sands places a hold on the Licensee’s credit card of an amount equal to twenty percent (20%) of the reservation charges. You hereby grant consent for Mission Sands to charge your credit card in any amount of actual damages to the Property arising from your use of the Property, as well as for missing items, excessive clean-up, and, if necessary, the cost incurred in removing you from the Property.
5. Smoke Detectors: Licensees are required to reset all smoke detectors upon check-in and promptly report inoperative smoke detector(s) to Mission Sands.
6. Property Inspections: All problems, including inadequate cleaning and damage, must be reported in writing to Mission Sands within 24 hours of check-in for prior guest to be held responsible. Mission Sands reserves the right to enter premises at any time for the purpose of effecting necessary inspections, repairs or maintenance.
7. Notification: It is Licensee’s sole responsibility to inspect the Property upon arrival. In addition to inspecting the smoke detectors, Licensee agrees to inspect the entire Property to ensure that it is free of hazards, and properly equipped. Most of the beach area properties managed by Mission Sands are older structures. Most Properties are not equipped for the elderly or handicapped. Licensee assumes the entire risk of injuries arising from use of the Property. Licensee will ensure that the Property has a secure shower or bath tub mat, and that the Licensee takes reasonable measures to prevent slips in the bathroom, on staircases, steps, on balconies, and throughout the Property. Licensee agrees to take a higher degree of care in the use of the Property because of the age of the structures on the Property.
8. Occupancy: The maximum number of occupants allowed in the Property is shown on your confirmation letter. Children over the age of 3 are counted. Overcrowding or misrepresentation is grounds for immediate revocation of the license to the Property, and removal of Licensee without refund. The Licensee is the person who will occupy the Property. Parents may not book Properties for their children. The Licensee must be present at the Property for the time of the reservation, and take full responsibility for the Property. Small children are the responsibility of the Licensee. The Properties are generally older, and not necessarily “child safe.” Children should not roam free on balconies; climb on furniture; hang out of windows; or engage in other unsupervised activities. Some units are not fit for children under certain ages due to expensive and/or delicate furnishings., and balconies with wide openings on the guard rail. Use is at your own risk. Licensee takes full responsibility for all lost or broken items, and any damages to the Property of any kind.
9. Restrictions on Property Use: Licensees are prohibited from engaging in any unlawful activity or any other activity that constitutes a nuisance. Violation of this provision will result in immediate eviction without refund, and licensee will be held liable for any damages to the Property, contents and grounds. Contractual Agreement with Owner requires Mission Sands to only rent to legally and financially responsible persons over the age of 25. No parties are permitted in any property managed by Mission Sands. Violators will be removed from the Property immediately, and prosecuted for damages and losses.
10. Pets: No Pets are allowed on the property at any time without the prior written consent of Mission Sands. Violation of the “no pets” stipulation is grounds for immediate removal without refund.
11. Smoking Prohibited: All properties are nonsmoking properties and any form of smoking is prohibited inside the properties.
12. Personal Property Loss: Licensees are solely responsible for personal property left in or about the Property. Mission Sands shall not be held liable under any circumstances for any damages to, or loss of property, theft, vandalism, or the use of or injury of any kind.
13. Returned Checks: Licensee will pay a $50.00 returned check fee on each check returned to Mission Sands by Licensee's bank.
14. Cancellations and Changes in Reservations: Cancellations must be made 90 or more days prior to scheduled arrival in writing to receive refund of your deposit, less a $100.00 charge, and forfeit the reservation fee. If a reservation is cancelled between 45 and 90 days prior to your scheduled arrival, you will receive a refund of moneys paid, less a cancellation fee of $300.00 per week booked, and forfeit your reservation fee. With less than 45 days notice you will forfeit the full amount of the reservation unless the Property is re-rented for the entire length of the stay at full price. If you are a “no-show,” you will forfeit the full amount of the reservation. We do not give credit for early departures or for inclement weather. If a change in reservation is requested, Mission Sands will make reasonable effort to accommodate the change, and assessed the appropriate fee as stated above.
15. Subletting and Assignment: Licensee may not sublet, sublicense or otherwise grant any rights to the Property. Licensee may not assign the agreement without Mission Sands prior written consent.
16. 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.
17. Attorney's Fees: If Mission Sands and/ or Owner consults legal counsel or a professional collection service, for collecting any amounts due to Mission Sands and/or Owner under this Agreement. Licensee shall be responsible for all costs of litigation and/or collection in case of such, including actual attorney’s fees.
18. Limitations on Rental: Mission Sands and or Owner will not be liable for circumstances beyond their control, including but not limited to 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 pro-ration or refund in the event of such circumstances. In the event Mission Sands is unable to deliver the Property to Licensee because of property sale, property owner decision, fire, mandatory evacuation, eminent domain or Acts of Nature, or if the property is unavailable because of construction delays or lack of utilities, Licensee agrees that Mission Sands’ sole liability, as a result of any of these conditions, will be a full refund of all payments tendered by Licensee. Licensee and Mission Sands agree that in case of double booking or occupancy by Owner, Licensee will be ONLY entitled to a full refund of all monies previously tendered by Licensee. If Mission Sands is able to relocate Licensee, Licensee agrees to pay the difference in rental amount, should Licensee accept alternate accommodations. Licensee expressly acknowledges that in no event will Mission Sands be held liable for any other condition out of the control of Mission Sands or the Owner, or for any incidental or consequential damages, including but not limited to, expenses that result from moving or for any other losses.
19. Tenancy: The Licensee 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 the Licensee 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 a licensee is scheduled to begin a vacation in the Property on the same day as the check-out day of another prior licensee. If Licensee stays even one additional day, Mission Sands would face significant logistical problems with the next licensee, including possible liability. As such, Licensee agrees to vacate immediately on the check-out day, at 10:00 a.m. Failure to do so will entitle Mission Sands, in addition to all other remedies available to it, to: have Licensee ejected by law enforcement as trespasser; and to physically remove Licensee and all of Licensee’s possessions from the Property, for which Licensee hereby grants permission and consent; and obtain damages and injunctive relief against Licensee.
20. Indemnification: Licensee agrees to release and indemnify Mission Sands and Owner from and against all liability should anyone be injured upon the premises during the term of occupancy, resulting from any cause whatsoever, except in the case of personal injury caused by willful gross negligence on the part of the Owner or Mission Sands.
21. Owner Changes: Every effort is made to ensure all information on the web site and other documentation is accurate and complete. However, Mission Sands is not liable for errors, omissions, mistakes, price changes and any changes by the Owner in furnishings, equipment, bed arrangements and other accommodations.
22. Relationship with Owners of Subject Property: It is hereby disclosed that Mission Sands has a contractual relationship with the Owners as the Owners, agent. This contractual relationship employs Mission Sands to forward information to the Owner, act according to Owner,s directions and treat all parties honestly, fairly, and in good faith. All rentals are subject to confirmation by Owner. Licensee agrees that Mission Sands will not be liable for damages caused by decision of the Owner.
23. Effective Date: Not withstanding any thing to the contrary, this Occupancy Agreement is binding and effective when no signature is required, and Licensee's affermative assent to the terms is expressed by Licensee's reservation of the unit. If Licensee desires to terminate this agreement due to lack of assent, he/she must do so with in three days of the date the reservation was made. Mission Sands receives a Reservation Deposit.
24. 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 city of San Diego, State of California.
25. Attorney,s Fees: In the event of any action or proceeding commenced by any party, the prevailing party in such action or proceeding shall be entitled to recover from the other party all cost and expenses thereof, including actual attorney’s fees and cost.
26. 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 it,s 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.
27. 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.
28. 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.
29. Special Provision for Mission Grand. This provision only applies to the property known as Mission Grand, 702 Monterey Ct., San Diego, CA 92109. If you rent the Mission Grand, in addition to all other terms and conditions you recognize that you are renting an extremely valuable, high end condominium. The Mission Grand is lavishly furnished, appointed with hard wood floors and has a hand rubbed Venetian plaster wall that cannot be repaired if it is scratched. In an effort to preserve the value and beauty of this unit, you agree: not do drag luggage or suit cases on the wood floor; not to smoke in the unit, or at any open door to the unit; not to bring any pets into the unit whatsoever; not to wear shoes in the unit at any time; to rinse sand and salt water off from legs, feet, and other body parts as necessary in the hose provided on the first floor in the corridor before entering the property; not to bring surfboards or other beach equipment of any kind into the unit (garage is equipped with surf and equipment storage areas). You agree that any damage caused by you or your guests may be charged to your credit card by Mission Sands or the owner of the property.