Terms and Conditions
*** SHORT TERM RENTAL AGREEMENT ***
THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL RESERVATIONS FOR PROPERTIES MANAGED BY MODERN REAL ESTATE SHOP whether reserved on-line via this website, third party site, MLS. face to face in our office or by telephone. It is the guest's sole responsibility to make sure they have read and understand the terms and conditions of their stay prior to booking a reservation.
These terms and conditions are considered a legal and binding agreement between all occupants associated with this vacation rental home, referred to here as "guests" and Modern Real Estate Shop, referred to here as "Broker":
1.CHECK-IN: Check in time is after 4:00 PM unless otherwise agreed
2. CHECK-OUT: Check out is before 10:00 AM. An early check-in or late check-out if available can be arranged at additional cost if applicable.
3. AGE REQUIREMENTS: Primary guest must be of adult age 25 years or older. No child under the age of 18 is to be left in a vacation rental unattended or at any public space without the supervision of an adult.
4. SMOKING: All properties are non-smoking. There is no smoking within the walls of any gated community, directly outside any residence or where smoke may infiltrate any other home, backyard, or front yard area. This includes e-cigarettes.
5. PETS: No pets allowed on the property unless otherwise agreed to in writing. If pets are allowed, a $300 pet deposit will be required. A minimum of (2) pets allowed and certain breeds may be restricted. All pet excrement must be removed from grounds immediately and any pet allowed to bark or make excessive noise that causes a disturbance is subject to immediate removal. Pets may never be in public community areas without a leash.
6. OCCUPANCY: By state law, occupancy may not exceed what is posted for each home. Maximum occupancy includes infants and children. The guests named in this rental agreement take responsibility for any and all occupants who enter the property during the time of their tenancy. Broker reserves the right to observe who is coming and going from property. If the occupancy levels exceed what is allowed by law, we will require the guest to remedy the situation immediately or risk cancelation of this rental agreement and vacate the premises.
7. NOISE: Guest understands there are strict laws regarding noise from short term rental properties and laws vary per city. Any outdoor music is to be kept at the levels permitted by local authorities. It is the responsibility of the guest to understand local laws which are posted prominently on each cities’ website. Absolutely no music is permitted outdoors after 10pm and in some cities is not permitted at all. Our guests must be respectful of the neighbors, the laws of the city and comply with all rules and regulations of the HOA or any authority in which the property is located. Broker reserves the right to monitor noise levels and request immediate modifications from the guests if there are complaints from neighbors or local authorities.
8. EVENTS: There are no "events", parties, or excessively large or noticeable gatherings allowed at the property unless otherwise specifically agreed to in writing.
9. PARKING: Parking is to be limited to the garage or driveway of the property. Many cities do not allow street parking for short term renters or their guests. Please be aware and adhere to any parking restrictions implemented by the local authorities. Owner or Broker is not responsible for vehicles that are towed or cited due to violating city law.
10. INTERNET/PHONE: Due to security reasons, software and or files may not be downloaded by guests on any in-home computer. The property owner or Broker, Modern Real Estate Shop is not responsible for the failure, lack of service, strength or connectivity issues of phone or internet provider. Not all units have land lines and some units do not allow long-distance calls. Reservations are not contingent upon internet connectivity.
11. DUE DILIGENCE: It is the guests responsibility to satisfy themselves with (but not limited to) the type of property, number of beds, bedrooms, bathrooms, parking, views, amenities, location of the property, community amenities and proximity to amenities, weather, traffic, crime, noise, rules, laws, etc. Guest understands that each property is individually and privately owned and various items within that property are subject to change and are not guaranteed or to be made a contingency of this rental agreement. Modern Real Estate Shop is not responsible for the accuracy of information populated on third party sites such as Airbnb, VRBO, or any other travel website.
12. RELEASE OF LIABILITY: Guest is aware this is a private residence and accepts all risk associated with renting and staying at this property, utilizing any amenities including but not limited to bikes, golf carts, pools, appliances, etc.. All guests and occupants of the property, and any individuals associated with the guests which have been allowed access to the property by guests or any other individual agree to hold property owner, Broker, their employees and associates harmless and release them of all and any liability for any damages or injuries, death, theft, loss of personal property occurring while on the property or anywhere at any time during the term of this rental agreement or anytime thereafter.
13. INSPECTIONS, REPAIRS, ACCESS TO PROPERTY: Guest understands that from time to time, things in the unit will break, malfunction, and need to be repaired or replaced during the time of occupancy. Modern Real Estate Shop will make an effort to address all repair issues affecting the habitability of the property in a timely manner. Guest will not hold Modern Real Estate shop responsible for delays or inconveniences experienced due to needed repairs. Also, any concessions or refunds requested by renter will be granted at the sole discretion of property owner. Modern has no authorization to provide or promise any requests regarding refunds or concessions at any time. Guest is responsible for purchasing trip insurance to cover any losses that may incur. Owner or management reserves the right to enter the property without notice and without authorization to complete a repair, inspect the property, or attend to any emergency issues as needed.
14. INVENTORY SHORTAGE/ DOUBLE BOOKINGS/ UNFORESEEN CIRCUMSTANCES: From time to time a unit that has been reserved becomes unavailable for reasons beyond our control whether due to catastrophe, owner refusal to rent, sale, etc. In these events, Broker will do everything possible to relocate guest to a comparable unit or refund guest’s reservation immediately. Broker is to be held harmless of all or any losses associated with a property being unavailable to rent and Guest is highly encouraged to purchase Travel Insurance to cover any potential losses that may occur.
15. KEYS/REMOTES: Guest will be given keys and garage remotes (if available) to the property. Keys may not be duplicated and remain in the possession of the registered guest only. In the event keys are lost, Guest authorizes the following charges to credit card on file: $50 per key, $50 charge per garage remote that is not returned and in the event of a lockout, a minimum $250 charge will be assessed. Charges may vary based on circumstance.
16. BREECH OF CONTRACT: If guest violates any terms of this agreement which causes the local authorities to be called to the property, a minimum levy of $250 will be automatically charged to credit card on file or deducted from security deposit on file. If any monetary fees are assessed due to the guest’s violation of rules, guest will be responsible for the full amount of the fine in addition to the levy assessed by Broker. Broker is not responsible or liable if guests are evicted by city sheriffs, police, community HOA security or any other authority within the city. No refunds will be given for reservations that have been shortened due to violation of rules. Modern Real Estate Shop reserves the right to refuse service or immediately evict guests that cause harm to property, threaten staff, or create any issue that may result in property damage or harm to other guests, or staff.
17. MEDIATION AGREEMENT: If you have a dispute that arises from or relates to this Agreement or the Vacation Rental, and if the dispute cannot be settled through direct discussions, you agree to try first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures. If the dispute is not settled by mediation, you agree to submit all unresolved disputes, controversies or claims to binding arbitration in California administrated by the American Arbitration Association in accordance with its Commercial Arbitration Rules. If the parties agree, the mediator involved in the parties’ mediation can serve as the arbitrator. Any award of the arbitrator against Broker cannot exceed the total amount paid for the Guest’s booking at issue. You expressly waive all claims in excess of, and agree that your recovery shall not exceed, this amount. Any such award shall be in satisfaction of all claims by you against Broker or the Host. Judgment on any award rendered in such arbitration can be entered in and enforced by any court having jurisdiction.
18. ATTORNEY’S FEES & COSTS. If Broker or your Host employs the services of an attorney or attorneys to enforce any conditions of this Agreement, you shall be liable to Broker or your Host, as applicable, for reasonable attorney’s fees and costs incurred. If guest chooses to engage the services of an attorney, guest is responsible for all attorney costs and fees regardless of outcome.
19. RESERVATION, REFUND + CANCELATION POLICY:
A. Minimum *$500 deposit or 10%, whichever is greater is required on all reservations to secure your dates. The remaining balance is due in full a minimum of 90 days prior to arrival. See Page 1 for terms.
B. In the event of a cancellation, a refund of 50% of the total deposit received will be issued up to 90 days prior to your arrival. All funds received are non-refundable after 89 days or less prior to arrival date.
C. There are no refunds for early departures regardless of circumstance, surrounding the pandemic, travel restrictions, border closures or fears relating to Covid-19 or any other pandemic issue. Travel insurance is highly recommended.
D. If balance is not paid by agreed due date (based on terms), Modern Real Estate Shop reserves the right to cancel your reservation and retain the full amount of your reservation deposit.
20. WAIVER OF RESIDENCY: This property is a short-term VACATION RENTAL and meant strictly as a temporary dwelling equal to a hotel. The occupant is a “Guest”, not a “tenant” and Broker is a “host”, not a landlord. Guest agrees to this arrangement and waives all/any rights to any legal protections that would be granted in a traditional “tenant / landlord” relationship such as but not limited to the obligation for Host to pursue a legal eviction to remove Guest from property.
21. ADDRESS UTILIZATION: Guests are prohibited from using the vacation rental address to establish residency, receive mail, apply for credit, vote, conduct business, enroll children in school or for any purpose whatsoever aside from individual deliveries, pick-ups or drop-offs normally associated with being on vacation.
22. STORAGE: Guest may not store any personal items, furniture, boxes, vehicles, or any items whatsoever inside or outside of the property. If Guest has items that are outside the normal scope of what a Guest would bring on vacation, they are to acquire a storage unit at their own expense.
23. ACKNOWLEDGMENT: Guest has acknowledged that they have read and agree to these terms and conditions. If any section, clause, paragraph, or term of the Rental Agreement is held or determined to be void, invalid, or unenforceable for any reason, all other terms, clauses, or paragraphs herein shall be severed and remain in force and effect. This Agreement shall be binding on and inure to the benefit of the parties hereto and on each of their heirs, executors, administrators, successors, and assignees. This Agreement or any rights hereunder may not be assigned (in whole or in part) by you. This Agreement is taken in full compliance with federal, state, and local Fair Housing Laws, without regard to race, color, religion, sex, country of origin, handicap, or familial status. This Agreement becomes binding upon receipt of your initial payment. Sending payment constitutes your acceptance and agreement to these terms, conditions, limitations, and restrictions.