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Please review the following terms and conditions relating to this reservation.


TERMS & CONDITIONS

 1. OCCUPANT verifies that he/she is 25 years or older, will be occupying the Property listed in this agreement, and agrees as follows:

2. PROPERTY: Occupant rents, for vacation purposes only, the furnished real property and improvements described as above, situated in County of Plumas, California.

3. AUTHORIZED USE AND GUESTS: The Premises are for the sole use as a personal vacation residence by not more than the Maximum Occupancy listed above.  Day/evening guests are limited to four (4) persons unless otherwise permitted in writing by Coldwell Banker Property Management (CBPM).  Should Occupant wish to entertain or have more than four (4) guests on property, a request must be received by CBPM no less than five (5) days prior to Check-In.  At CBPM’s discretion, Occupant’s request may be denied and/or an additional security deposit and event fee may be required.  All day/evening guests must vacate the premises by 10:00 PM.  Occupant is advised to use local recreation areas for large gatherings.

4. PAYMENTS: Occupant agrees to the following payments:

A. The Premises will not be held for Occupant until the reservation fee, administrative fee, and this Agreement, signed by Occupant, have actually been received. Once paid, the administrative fee is for services rendered in entering into this Agreement and is NONREFUNDABLE.

B. Final payment is due 30 days prior to arrival.

5. BALANCE DUE; LATE CHARGE: If any amount due is not received 30 days prior to arrival CBPM may, at their sole discretion, either terminate this Agreement and refund to Occupant all payments except the administration fee and reservation fee, or impose a late charge of $50.00

6. SECURITY DEPOSIT:

A. The security deposit will be held in CBPM’S Trust account.

B. All or any portion of the security deposit, upon termination of occupancy, may be used as reasonably necessary to: (i) cure Occupant's default in payment of rent, non-sufficient funds (“NSF”) fees or other sums due; (ii) repair damage, excluding ordinary wear and tear, caused by Occupant or Occupant's guests or licensees; (iii) clean the Premises; and (iv) replace or return personal property or appurtenances. Within three weeks after Occupant vacates the Premises, Owner shall: (1) furnish Occupant an itemized statement indicating the amount of any security deposit (i) received, (ii) withheld and the basis for its disposition, and (iii) withheld pending receipt of utility, phone and bills; and (2) return any remaining portion of the security deposit to Occupant.

C. No interest will be paid on the security deposit unless required by local ordinance.

D. If the security deposit is held by Owner, Occupant agrees not to hold Owner's Representative responsible for its return. If the security deposit is held by Owner's Representative and the security deposit is released to someone other than Occupant, then Owner's Representative's only duty shall be to notify Occupant, in writing, where and to whom the security deposit has been released.

7. CANCELLATION; REFUND: If notice of cancellation is received more than 60 days prior to arrival date, all monies paid, less administration fee, will be returned to Occupant.  If notice of cancellation is received between 30-60 days prior to arrival date, Occupant’s reservation deposit and administration fee will be forfeited, unless the property can be re-rented at the same rate, for the same period.  Any remaining balance shall be returned to Occupant.  If notice of cancellation is received less than 30 days prior to arrival date, 50% of rental fee paid or the amount equal to that of the security deposit, whichever is greater, will be forfeited, unless the property can be re-rented at the same rate, for the same period.  Any remaining balance will be returned to Occupant.

8. RESERVATION CHANGES: All changes to confirmed reservations are subject to a non-refundable administrative fee (i.e. change of dates, homes, etc.).

9. HOLDING OVER: Occupant agrees there shall be no holding over or late departure without prior 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 Occupant's holding over. Late check-outs will be charged 50% of the Holdover Rate. 

9. CLEANING: Premises will be delivered to Occupant in a professionally cleaned condition. Upon departure, Occupant will deliver the Premises in the same condition less ordinary wear and tear. If Occupant does not return the Premises in the same condition, a(n) (additional) charge will be deducted from the security deposit.

10. DISCLOSURES

a. NOISE & NUISANCE DISCLOSURE:  Occupant may experience noise from lake boat traffic, automobile traffic from nearby streets & highways, nearby construction noise, noisy neighbors, or other noise.  CBPM is not responsible for any issue Occupant may encounter regarding noise during the rental term.  No refunds or discounts will be made for events or circumstances beyond CBPM’s control.  Inclement weather, “Acts of God,” mechanical breakdowns, decorated/accommodated/improved/updated to Occupant’s tastes do not constitute a refund or discount.  CBPM does not accept liability for temporary defects or stoppage in supply of water, gas, electricity, internet connection.  Occupant agrees to report any and all problems to CBPM immediately.  CBPM agrees to make every reasonable effort to resolve any specific problems.  Should Occupant remain unsatisfied and desire to vacate the property prior to Check-out date, the policies stated in the Cancellation Policy shall apply.

b. LAKEFRONT/DOCK DISCLOSURE:  Exercise EXTREME CAUTION when using all lakefront areas, docks, dock coverings, mooring systems, walkways, ramps, anchor chains, buoys, stairs and accesses to and from the lake.  Lake Almanor is prone to afternoon winds.  CBPM strongly advises Occupant to use the buoys to secure boats in windy conditions.  The areas and equipment previously mentioned are subject to significant natural wear and tear from sun, wind and water.  Call office immediately to report any damage to these items and CBPM will make every reasonable effort to resolve specific problems.  CBPM and homeowner shall not be responsible for damage or injury to any persons or personal property. 

c. SEPTIC DISCLOSURE:  Most Lake Almanor homes operate on septic systems.  Only toilet paper and human waste may be disposed of into the septic system.  Do not flush paper towels, sanitary napkins, tampons, wipes, or soap products.                                                                                                                                                                                                                                                      

d. HOMES FOR SALE:  Tenants agree to allow homes that are listed for sale to be shown upon notice. 

b. ANIMAL DISCLOSURE:  Please be aware that Lake Almanor is a mountain community; there are a large variety of animals/insects that could be encountered during your stay.  Bats are especially common during the summer months; they roost in the eaves of many of the homes. CBPM is not responsible for the presence, the actions of, injury sustained from, or locations of these animals or insects.

11. RESTRICIONS

a.  NO PETS: Pets are not allowed. If an unauthorized pet is on the Premises, (i) Occupant is responsible for all damage caused by the pet, (ii) Occupant, Authorized Guests, pet(s) and all others may be required to immediately leave the Premises, or be removed from it, (iii) Occupant is in breach of this Agreement, and (iv) Occupant forfeits its right to return of any security deposit.

b. 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 forfeits its right to return of any security deposit.

c. VEHICLES: No R.V.’s, 5th wheel trailers, tent campers or tents are permitted on the property.  No more than 2 boats per home.

12. 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 Occupant's 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.

13. CONDITION OF PREMISES: Occupant  has  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.

14. UTILITIES: Owner is to pay for all utilities except as follows:  Occupant agrees to pay for all telephone charges.

15. 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.

16. CONDOMINIUM; PLANNED UNIT DEVELOPMENT: If the Premises is a unit in a condominium, planned unit development or other development governed by a homeowners' association (“HOA”), the Occupant agrees to comply with all covenants, conditions and restrictions, bylaws, rules, regulations and decisions of the HOA. Owner shall provide Occupant copies of rules and regulations of the HOA, if any. Occupant shall reimburse Owner for any fines or charges imposed by the HOA or other authorities, due to any violation by Occupant or the guests or licensees of Occupant.

17. MAINTENANCE: Upon arrival, it is the responsibility of Occupant to contact CBPM about any maintenance concerns or damages so that CBPM may secure repair services as soon as possible and Occupant is not charged for damages upon departure.   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 CBPM of any problem, malfunction or damage. Occupant shall pay for all repairs or replacements caused by Occupant, guests and licensees of Occupant, excluding that which was reported within 48  hours of check-in and  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. 

18. 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.

19. ENTRY:

A. Owner and Owner's 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 Owner's representatives and agents have the right to enter the Premises, upon reasonable notice, to show the Premises to prospective or actual purchasers, occupants, mortgagees, lenders, appraisers or contractors.

20. 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), subOccupant(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 forfeits its right to return of any security deposit.

21. UNAVAILABILITY: If for any reason beyond the control of Owner or Owner's Representative, the Premises is unavailable, Owner or Owner's Representative may substitute a comparable unit or cancel this Agreement and refund in full to Occupant all payments made.

22. OCCUPANT'S 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.

23. PERSONAL PROPERTY AND INJURY:

A. Owner Insurance: Occupant's 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.

B. Occupant Insurance: Owner recommends that Occupant carry or obtain insurance to protect 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 Owner's Representative from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage or injury to Occupant, Occupant's guests or licensees or their personal property.

24. 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.

25. MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Owner nor Brokers, if any, are required to check this website. If Occupant wants further information, Occupant should obtain information directly from this website.)

26. 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.

27. 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.

28. KEYS; LOCKS: Upon arrival, Occupant will receive: Key(s) to Premises, remote control device(s)/gate opener(s), and/or pass(s) to common area(s), Occupant acknowledges that locks to the Premises have not been rekeyed. If Occupant rekeys existing locks or opening devices, Occupant shall immediately deliver copies of all keys to Owner or Owner's Representative. Occupant shall pay all costs and charges related to loss of any keys or opening devices. Occupant may not remove locks, even if installed by Occupant.

31. OTHER TERMS AND CONDITIONS, including ATTACHED SUPPLEMENTS:

_x_ Check-In, Check-Out and Cleaning Procedures

1. CHECK-IN INSTRUCTIONSCheck-in time is from 4-5 pm.  If you are unable to check in during the designated time, please call ahead to make arrangements for key pick up.  No rate adjustments will be made for late arrivals or early departures. 

  • If the rental property is located in the LACC/Peninsula/Hamilton Branch/East Shore area, please check in at our Peninsula Office, located at 499 Peninsula Dr. (next to the lower Country Club gate). 
  •  If the rental property is located in the Lake Almanor West area, please check in at our Lake Almanor West Office at 146 Lake Almanor West Dr. (located just past the tennis courts). 

Upon arrival, it is the responsibility of Occupant to contact CBPM’s office about any maintenance concerns or damages so that CBPM may secure repair services as soon as possible and Occupant is not charged for damages upon departure.  Do not try to repair equipment that is not working.  Occupant assumes full responsibility for any items found to be missing and any damage due to misuse and/or negligence on Occupant’s part, except in the case of normal wear and tear reported to CBPM within 48 hours of Check-in.    

2. CHECK-OUT INSTRUCTIONS: Check-out time is 10:00 am.  There are no exceptions.  A fee of $25.00 will be charged for every 30 minutes that you stay beyond the check-out time.  Return all keys, remotes, access cards, etc. to our office.  Do not leave keys in the rental unit.   Leave the vacation rental clean and in good order.  You are asked to leave the home as described below.  The home will be cleaned and sanitized after your departure. Renter must notify CBPM of any damage to the unit during occupancy. The property will be carefully inspected after Renter’s departure, and any costs for damage, theft, or additional cleaning charges will be deducted from Renter’s security deposit.  Upon vacating the property, it is the responsibility of Renter to ensure that the following items are completed.  Any extra time our cleaning staff spends completing these check-out duties will be deducted from Renter’s deposit:

  • All trash must be removed from the home and deposited into the trash containers.  Lids must be secured to prevent disturbance by animals.  It is the responsibility of Renter to take the trash to the street for pick-up during your stay.  Please refer to instructions at the rental home for information regarding the trash pick-up schedule.  Renter will be charged for excessive trash left at the home.  If there is more garbage than will fit in bins provided, please bring it to CBPM’s office upon check out.  Do not leave recyclables at the home.  Recyclables may be taken to the recycling center behind Holiday Market in Chester, or the transfer station at the corner of Hwy. 36 & A-13. 
  • Wash the dishes and empty the dishwasher.  Return all items to the proper cupboards and drawers (none left in dishwasher or drain rack).
  • Clean the BBQ grill well.
  • Empty the refrigerator, freezer, and cabinets of all perishable food items.
  • Wipe up counters in bathrooms and kitchen.
  • Replace the bedding neatly (blankets, pillows and spreads) after you have removed your linens from the beds.  Please keep these clean during your stay.
  • Please do not move furniture in the home.  You will be charged for the time it takes to put furnishings back where they belong.  Under no circumstances is Renter permitted to remove any furniture from the house.  Please make sure that everything is as you found it.
  • Check to make sure you have not packed any of the Homeowner’s belongings (pillows, blankets, hangers, kitchen equipment).
  • Turn off all TVs, DVDs, stereos, air conditioning, fans, lights (outdoor, too).  Check the coffee maker!  Remote controls should be set near the TV.  If you are staying in colder weather, please leave heat set on “Auto” at 50 degrees. 
  • Lock all doors and windows.

·        Return all keys, gate cards, garage door openers, and all such items given to you at arrival, to CBPM’s office.  A $25.00 fee will be charged to Renter for each key not returned at check out.  A $100 fee will be charged for LACC gate cards if not returned.                                                                                                                                

3. HOME FURNISHINGS: Rental homes are equipped with basic household furnishings and kitchen equipment, including, but not limited to:  appliances, TV/DVD, propane BBQ, pillows and blankets, and some patio furniture, unless otherwise advertised.  

4. WE DO NOT SUPPLY SHEETS, TOWELS, PAPER PRODUCTS OR PERSONAL SOAPS/TOILETRIES. Occupant is responsible to provide these items.  CBPM does not guarantee that furnishings will meet the tastes of Occupant.

32. 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.

 
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