BINDING AGREEMENT. MUST READ.

GUEST AGREEMENT

 

Owner is committed to ensuring that each Guest is happy with their stay at Spare Time Beach House (STBH) and with their experiences and interactions with Owner.  Owner has undertaken significant time and effort to put together an amazing experience for all Guests and Pets who stay at STBH and will work to make sure the experience remains positive.  Such a rewarding effort is, of course, not made without risk.

 

This Guest Agreement (Agreement) contains the terms and conditions that each Guest agrees applies to their Reservation and Stay.  These terms and conditions help cover Owner’s risk and protect Owner’s ability to continue to offer STBH as a relaxing retreat.  Certain terms are expressly written to be negotiable and Owner encourages Guests to negotiate these terms to their satisfaction.  If there are no separate written exceptions to any of the below terms between Owner and Guest(s), then the below terms apply. 

 

 

1.         Payment 

Payment to Owner is due in the following increments: 1/2 of the total is due immediately in order to secure reservation and the remainder is due 30 days before the reservation starts. Entire payment is due if booked 30 days or less from date of reservation. Payment shall be made in accordance with terms separately agreed to with Owner.  The terms of that separate agreement shall be incorporated into this Agreement as though the terms were fully set forth herein. 

 

Payment for all reserved dates is expected regardless of any last minute change in circumstances such as shortened stays, unexpected weather, power outages, equipment failure, etc.  Re-booking options are available as stated in the next Section.

 

Each Guest understands that, even though Owner keeps STBH and everything in it well-maintained and in good working order, circumstances can arise that cannot be anticipated and are outside of Owner’s control.  Owner will attempt to repair or replace any item that is inoperable as quickly as possible after receiving Notice, but cannot guarantee repair will be completed prior to or during the Reservation dates.

 

If any misunderstanding arises regarding any aspect of Payment at any time, Owner shall have the final say in how the misunderstanding will be resolved.  

 

2.         Reservations; Re-Booking 

Each Guest and Pet shall be identified by name at the time of Reservation.  Immediately before or after reserving on the website, Guest(s) shall e-mail all Guest and Pet names to Owner at the following e-mail address: sparetimebeachhouse@gmail.com.

 

STBH is a vacation rental, which means it is for transient occupancy use only.  Each Guest and Pet must check-out at the end of their reserved Stay unless prior written arrangements have been made with Owner.  

 

If a Reservation cannot be kept after Payment has been made, Guests may change the Reservation dates to another without additional payment to Owner.  The re-booking must be within 30 days of the original Reservation date unless other arrangements have been made in writing with Owner.

 

3.         Pets

Each Guest shall be solely responsible for their Pet while at STBH, and expressly holds Owner harmless, as well as waives any and all liability against Owner, for injury or damage to person or property in connection with their Pet’s actions.  Each Guest shall also indemnify and defend Owner against any and all damages caused by their Pet while occupying STBH, including damages to STBH. 

 

4.         Occupancy 

Only 2 people are allowed to be on the STBH property at any time without prior written approval from Owner.  Guest(s) shall obtain Owner’s written approval before inviting any person(s) not identified at the time of Reservation to visit them at STBH.

 

Each Guest shall behave in such a way so as not to unreasonably bother surrounding residents or beach visitors.  This includes complying with all local rules and ordinances such as for vehicle parking, the prohibition of illegal fireworks use, and others.

 

Owner retains and reserves the right, at all times, to remove any person from the property, for any reason, regardless of whether the person being removed is a Guest or not.

5.         Owner Access

 

Owner retains and reserves the right to access and enter the property at any time for any reason. Owner also retains and reserves the right to permit agents, employees, and/or contractors to access and enter the property at reasonable times for reasonable purposes such as repair work.   Owner will make reasonable efforts to notify Guest(s) in advance of such access and to coordinate the same with them.

 

6.         Spare Time Instruction & Information Manual

Each Guest shall read and follow the Spare Time Instruction & Information Manual (Manual) located at the property.   The entire Manual is incorporated into this Agreement as though it were fully set forth herein.  

 

Guest(s) shall send a text message or call Owner at 916-803-3379 as soon as possible regarding any issues related to their stay at STBH, including any questions about this Agreement, the contents of the Manual or their ability to follow what it says.

 

7.         Departure

No Guest may permanently rearrange the furniture or remove any furniture or appliances from the property without proper written approval from Owner.  Each Guest agrees that they will leave STBH in as good as or better condition as when they arrived.  This includes but is not limited to: washing and putting away all dishes; removing all of the bed linens from the beds and placing them in the bathroom with bath towels; taking out the trash; closing and locking all doors and windows; turning off all lights and heaters; removing all Guest belongings; and locking the front door.

 

No Guest may continue to remain on the property after 3:00 p.m. on their scheduled date of departure without prior written approval from Owner.

 

8.         Waiver of Liability; Indemnity

Each Guest agrees to hold Owner and Owner’s authorized agents, employees, and contractors harmless of, and expressly waive, any and all liability for injury or damage to person or property in connection with their stay at STBH.  Each Guest also agrees that they will indemnify and defend Owner against any and all claims of liability for injury or damage to any person or property in connection with that Guest’s stay at STBH.  These terms are intended to be interpreted as broadly as possible to give Owner the broadest indemnity and defense protections by each Guest.

 

Each Guest also understands that Owner’s failure to insist upon performance of any Guest obligations under this Agreement is not a waiver of Owner’s right to insist upon performance at any time in the future.

 

9.         Jurisdiction; Attorney Fees; Integration

This Agreement shall be governed by the laws of the State of California any disputes regarding this Agreement shall be subject to the exclusive jurisdiction of the California Courts. If any California court determines that any provision is invalid, the remaining provisions of this Agreement are to be construed as if the invalid provision had never been included in this Agreement.

 

If any party to this Agreement initiates any legal action—including arbitration—against another party relating to this Agreement, the prevailing party will be entitled to the costs incurred in the litigation, including attorneys’ fees and expenses and court costs.

 

This Agreement, which consists of these terms and the integrated terms referenced in prior paragraphs, constitutes the entire agreement between the parties relating to each Guest’s Reservation and Stay at STBH. Each Guest’s acceptance of these terms is confirmed by completing the Reservation and re-confirmed by entering and remaining on the property on the first date of the Reservation and Stay.  

 

10.       Definitions 

Agreement means this agreement containing an introduction and 10 paragraphs, the agreement for Payment, and any other written agreements between Owner and Guest(s) relating to the Reservation.

 

Owner means Cari Hendricks, the owner of Spare Time Beach House.

 

Guest or Guest(s) means the person(s) who are reserving Spare Time Beach House.

 

Manual means the Spare Time Instruction & Information Manual located inside Spare Time Beach House

 

Notice means the process of notifying Owner as stated in Section 6 of this Agreement.

 

Pet includes any domesticated animal that Guest allows into Spare Time Beach House, whether identified to Owner or not.

 

Reservation means the process of securing an exclusive stay at Spare Time Beach House for a specific number of days not to exceed 29 days.  The process consists of the website reservation and sending all Guest and Pet names by e-mail to sparetimebeachhouse@gmail.com.

 

Spare Time Beach House or STBH means the property located at 4790 North Highway 1 Bodega Bay, California 94923.

 

Stay means the act of occupying STBH during reserved dates.