Terms & Conditions
Vacation Rental Terms & Conditions
Terms include a zero tolerance policy regarding illegal conduct, excessive noise or neighbor disturbances, parties, music, or HOA violations. All of our Terms are strictly enforced, and are agreed upon by booking with us. Additionally, all Guests are required to follow the San Diego Good Neighbor Policy.
In addition to the details included above, the following terms and conditions are hereby included in this Rental Agreement:
1. Disclosure of Agency Relationship. Titan Beach Rentals serves as a manager and/or booking agent for properties which are privately owned and operated by clients of Titan Beach Rentals. _______ (initial)
2. Reservations Requests & Confirmations. Reservations are not confirmed until a fully completed Rental Agreement has been received and approved by Titan Beach Rentals. Request may be subject to cancellation if Rental Agreement is not received within 24 hours. Should there be ANY issues with the reservation request, you will be contacted within 24 hours after receipt of completed and signed rental agreement. _______ (initial)
3. Minimum Age & Required Terms to Make Reservation(s). The minimum age to book a property is 25. If you are not with a family or guardian(s), we reserve the right not to allow bookings of our properties unless everyone in the party is at least 25 years of age. _______ (initial)
4. Occupancy, Rules & Usage
A. Maximum Occupancy. No more than (See property listing) people are permitted at the property at any time without the approval of Titan Beach Rentals. Violations of this rule are subject to eviction, forfeiture of reservation and balance of the reservation. _______ (initial)
B. Special Events & Gatherings. Bachelor and bachelorette parties, or any other party beyond the maximum occupancy (unless otherwise approved), are not permitted. Parties of any kind that might disturb peaceful enjoyment of neighbors are strictly prohibited, and may lead to immediate eviction. All homes are in dense residential communities with strict City of San Diego noise ordinance in place and enforced. _______ (initial)
C. San Diego Municipal Code 59.5.0501; It shall be unlawful for any person to make, continue, or cause to be made or continued, within the limits of said City, any disturbing, excessive, or offensive noise which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. From 10pm – 8am all activity needs to be moved inside. Management strictly enforces City Code. Guest failure to abide to City Code may lead to immediate eviction without refund. Many homes are equipped with exterior security cameras for accurate noise monitoring. Tampering with or disabling equipment is strictly forbidden and will lead to immediate eviction without refund. _______ (initial)
D. Unauthorized Parties. Any unauthorized or non-approved parties over the previously mentioned maximum occupancy may result in forfeiture of all rent monies paid, immediate termination of rental agreement, and can lead to responsibility for any damages. Damages include but are not limited to physical damages caused by the party and any citations or fines (including any CAPP program fines) imposed by any governmental agency. _______ (initial)
E. No Pets. Any pets (except in specific pet-friendly properties) will result in forfeiture of deposit and termination of rental agreement with no refund for unused days and can lead to responsibility for all damages caused by the pet up to a maximum of $3,000. _______ (initial)
F. Personal Property. Titan Beach Rentals and the Owner are not responsible for personal property and belongings which are left in the property after check-out or in cases of theft, damage or any other loss. _______ (initial)
G. No Smoking. No smoking of any substance is allowed in the Property or common areas shared with other residents. If smoking does occur on the Property or common areas, (i) The Guest is responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors and removal of debris; (ii) Guest is in breach of this agreement; (iii) Guests and all others may be required to leave the Property; and (iv) Guest acknowledges that in order to remove the odor caused by smoking, Titan Beach Rentals may need to replace carpet, drapers and paint the entire Property regardless of when these items were last cleaned, replaced or repainted and such expenses will be charged to the Vacationer. The Property or common areas may be subject to a local non-smoking ordinance. _______ (initial)
5. Payments, Cancellations & Refunds. For all third-party bookings (Airbnb, VRBO, Booking.com) please refer to the terms on each site. All balances are due in full 45 days prior to arrival, with an initial payment of 33% of the total of the reservation due at the time of booking, if outside of the 45 day marker. Cancellations received 60 days prior to arrival are subject to a $170 cancellation fee, with the remainder being refunded. If cancellation is within 60 days of arrival, there will be no refund unless we are able to rebook the property, or refund is granted by Titan Beach Rentals or Owner. _______ (initial)
6. Credit Card Authorization: For all third-party bookings (Airbnb, VRBO, Booking.com) this will not apply. For all direct reservations, Guest agrees to provide Titan Beach Rentals with a valid credit card for the duration of the reservation. Guest is providing the credit card as a guarantee. Guest certifies that he/she has read and agrees to abide by the terms of this agreement, and agrees to pay and authorize Titan Beach Rentals to charge any rental amounts, taxes, security deposits, extra cleaning, missing property and any damages not covered under the Damage Waiver (Subheading #8) and fines or charges pertaining to violations of the rental agreement. Guest understands that all credit card sales are final. Should Titan Beach Rentals be unable to recover costs from the credit card on file, Guest is responsible to provide an alternative method of reimbursement within 48 hours of notification. _______ (initial)
5. Property Conditions
A. Property Descriptions. Every effort is made to ensure all information and photos on our website, and other documentation, are accurate and complete as to the current condition of the property. However, Titan Beach Rentals is not liable for errors, omissions, mistakes, price adjustments or any changes made by the Owner in furnishings, equipment, bed arrangements and other accommodations. _______ (initial)
B. Parking Accommodations. Each Property listing identifies parking available. Many of the parking spaces and garages on the beach are small and cannot accommodate trucks, SUV’s or other large vehicles. Please see the property page for parking dimensions. However we cannot guarantee that your vehicle will fit. _______ (initial)
C. Air Conditioning & Heating. Most properties do not have air conditioning. Fans will be made available, but are not generally needed. Guest agrees that in the case there is air conditioning, it shall not be set below 72 degrees, heat shall not be set above 78 and the fan setting(s) shall be set to “Auto”. Doors and windows shall be closed when either heat or air conditioning is in operation. There are no refunds for lack of, or malfunctioning HVAC units. _______ (initial)
D. Appliances. Any appliance malfunctions in the rental property will be responded to as soon as possible. There may be a delay before a repair person and/or required parts are available. If reasonable efforts are made by Titan Beach Rentals to repair the malfunction, there will be no refund granted. _______ (initial)
E. Uncontrollable Conditions. Titan Beach Rentals and Property Owner will not be liable for any circumstances beyond their control, including but not limited to mechanical failures, road construction, unfavorable weather, conditions in areas surrounding the Property or disruption of utility services (including cable TV). There will be no guarantee of relocation, rental prorates or refunds in the event of such circumstances. _______ (initial)
F. Vacationer’s Duty of Care. The Vacationer is responsible to exercise due care in the use of the property and return it in the same condition it was received except for normal wear and tear and normal cleaning of the linens, contents and property. The Vacationer is responsible for not only the conduct of the Vacationer, but also all who inhabit the property, and any other guests or invitees who come on to the property. _______ (initial)
6. Unavailability of Property. If the vacation rental property in which you are booked is sold by the Owner, or becomes unavailable due to any circumstances beyond our control, Titan Beach Rentals will offer you an alternate unit at that unit’s prevailing market rate. Vacationer shall be responsible to pay any difference in rental amount should they accept alternate accommodations. If relocation is not possible, a full refund will be returned to Guest promptly. _______ (initial)
7. Arrival & Departure Times. Check-in time is no earlier than 3:00 PM on arrival date. This time may be delayed should unforeseen circumstances arise. Check-out time is NO LATER than 10:00 AM on the departure date. Failure to depart on time may result in a $100 fine. Early Check-In and Late Check-Out options are available for an additional fee if available and scheduled in advance. Not an option during Peak Summer. Early Check-In allows arrival at least 3 hours before regular check in time and should property be available earlier, you will be allowed access as soon as property is ready. _______ (initial)
8. Damage Waiver & Security Deposit. In “lieu of” or “in addition to” a Security Deposit, a Damage Waiver is included with your reservation. Damage Waiver is non-refundable. Guest must notify Manager of any damages prior to check-out in order for Damage Waiver to be considered for reimbursement costs. Damage Waiver will cover Guest for up to $1,500 of unintentional damages, such as normal wear and tear. Any damaged item(s) are deemed by Manager to be intentional or caused by negligence; Damage Waiver will not cover reimbursement costs. Damage Waiver does not cover missing items or damage from pets or allergy/flea remediation from pets. Any additional charges for damages will be billed to the payment method on file. Certain homes require a Security Deposit. At Manager’s discretion, Manager may require a Security Deposit before approving the reservation. Security Deposit amount varies by home. Security Deposit may be used to cover damages that exceed Damage Waiver limits. Security Deposit will be forfeited should Guest violate any terms of this agreement during their stay. _______ (initial)
9. Permitted Management Entry. Management and Management representatives and agents have the right to enter the Property, 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 Guest has complied with the terms of this Agreement; or (iii) in case of emergency. Management and Management representatives and agents have the right to enter the Property, upon reasonable notice of at least 24 hours, to show the Property to prospective or actual purchasers, guests, mortgagers, lenders, appraisers or contractors. _______ (initial)
10. Termination of Occupancy. Upon termination of occupancy, Guest shall: (i) return all copies of all keys or opening devices of the Property, including any common areas; (ii) vacate the Property and surrender it to Management empty of all persons at agreed upon time; (iii) vacate any/all parking and/or storage space; and (iv) deliver the Property to Management in the same condition, less ordinary wear and tear, as received upon arrival. _______ (initial)
11. Waiver of Liability. Spa, hot tub, swimming pool, sauna, pond, decks, railings, bunk beds or level inside Property accessible by ladders, bicycles, beach equipment, beach toys, etc. herein referred to as Special Feature. If so equipped, it is the Guest’s responsibility to learn about safety precautions concerning utilizing or being around Special Feature, and Guest acknowledges use at their own risk. Guest understands that the area surrounding Special Feature may or may not be fenced and even if so equipped, is not to be considered secure. Guest understands there are special risks that may be involved for anyone, in particular children who are not carefully supervised, person(s) intoxicated, on any kind of drugs or medication, with health risks or if pregnant. Guest agrees to explain the risks of the presence and use of Special Feature to all guests at the property. Guest agrees to instruct all guests on premises to not access any off-limit, or unsafe sections of the property including roof-tops. Guest agrees to assume all responsibility to make aware all occupants aware of risks and for the consequences of those risks and to be fully and solely responsible for any accidents that may occur. _______ (initial)
12. Hold Harmless. Vacationer(s) agrees to release, hold harmless and indemnify Titan Beach Rentals, and Owner, from and against all liability should anyone be injured at the Property during the term of occupancy, resulting from any cause whatsoever, except in the case of personal injury caused by the intentional acts or gross negligence of the Owner or Titan Beach Rentals. _______ (initial)
13. 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 identified on this form, or any guest or person or pet allowed onto the property during my rental dates as a result of my, my children(s) 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. _______ (initial)
14. Entire Contract. Time is of the essence. This Agreement is intended as a final expression with respect to the general subject matter covered, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. This Agreement constitutes the entire agreement between the parties hereto and cannot be altered, modified, or added to except in writing, signed by all parties to the 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. _______ (initial)
I am in agreement with all such material set forth to me above and my signature acknowledges that I understand and accept the terms of this agreement.
SIGNATURE _________________________________________
DATE ________________