Surfhouse

TRANSIENT OCCUPANCY LODGING/LICENSE AGREEMENT:

I the Licensee, agree to the following: 
1. LODGING AGREEMENT: Licensee (or you) hereby agrees to license from Surfhouse Management, LLC (“SH”) the Property, located in Encinitas, CA, for use solely as a private transient occupancy vacation residence and for no other purpose (“Occupancy”). Licensee acknowledges and agrees that his/her occupancy is as a lodger of the Property and not as a tenant under landlord/tenant law, and that California Civil Code Sections 1940 et seq (including, but not limited to California Civil Code §1950.5) shall not be applicable to Licensee since Licensee’s occupancy is transient and subject to tax under Section 7280 of the Revenue and Taxation Code. This Agreement is subject to termination by SH without recourse to eviction proceedings under California Code of Civil Procedure §1161 or any other formal or informal proceedings. This Licensee has no interest in the realty, and the Property, for purposes of this agreement, shall at all times remain under the direct control and supervision of SH. 
2. PAYMENT POLICY: Licensee is responsible for full payment of the Total Occupancy Rate for the entire license period. One hundred percent (100%) of the Total Occupancy Rate is payable to SH in order to book and hold the Property (Daily Rate * number of days in license period plus tax and other fees) (“Booking Deposit”). The Property will not be reserved until the 100% Booking Deposit has been received by SH. 
3. ACCEPTANCE OF PROPERTY: Licensee agrees to accept the Property upon arrival, provided the Property substantially meets the basic description as described on website.
4. REPORTING DAMAGE TO SH: Licensee agrees to keep the Property in good condition, and upon Licensee’s departure, the Property will be left in good and habitable condition. Any damage to furnishings, fixtures, or furniture or other notable conditions found upon arrival will be reported to SH within two (2) hours of Occupancy. 
5. RESERVATION CONFIRMATION: Reservation of the Property is not confirmed until ii) the 100% Booking Deposit is received by SH, and (ii) CS accepts the reservation, which acceptance shall be in SH’s sole and absolute discretion. 
6. MAKING PAYMENTS: Failure to make payments when due will result in cancellation of this Agreement. 
7. CANCELLATION POLICY: If Licensee cancels the reservation more than seven (7) days before the Check-in date, Licensee shall be refunded any of the deposit paid (25% of reservation cost). If licensee cancels the reservation between 6 days and 3 days before Check-In date Licensee shall not be refunded any of the deposit paid (25% of reservation cost). If licensee cancels the reservation less than 3 days before the Check-in date, Licensee will be charged the full cost of the reservation.
LICENSEE HEREBY CONFIRMS THAT HE/SHE UNDERSTANDS THAT CANCELING THE RESERVATION LESS THAN SIX (6) DAYS PRIOR TO THE CHECK-IN DATE WILL RESULT IN A FORFEITURE OF THE BOOKING DEPOSIT AND IF LICENSEE CANCELS TWO (2) DAYS OR LESS PRIOR TO THE CHECK-IN DATE WILL RESULT IN A FORFEITURE OF THE ENTIRE RESERVATION COST. 
8. DAMAGE POLICY: Licensee shall be responsible for all damage, breakage and/or loss to the Property, except for normal wear and tear and unavoidable casualties (as deemed by SH in its sole discretion) which may result from Licensee’s occupancy. Licensee agrees that all pipes, wires, glass, plumbing, household contents, and other equipment and fixtures will be in the same condition upon departure as at the time if check-in, reasonable wear and tear and damage by unavoidable fire and casualty the only exceptions. Licensee understands that the Property will be inspected prior to Licensee’s arrival and upon Licensee’s departure. You acknowledge any loss and/or damage to the Property will result in a charge or charges for repair and/or replacement value. 
LICENSEE HEREBY CONFIRMS THAT HE/SHE UNDERSTANDS THESE CHARGES MAY BE POSTED TO THE CREDIT CARD ON FILE, OR, IF SURFHOUSE IS UNABLE TO CHARGE THE CREDIT CARD, HE/SHE WILL PROMPTLY (AND IN NO EVENT MORE THAN 10 DAYS) SUBMIT THE MONEYS DUE TO LICENSEE FOR FULL COST OF THE REPLACEMENT OR REPAIR. 
9. PROPERTY TOURS: A tour of the Property may be available upon request, but is subject to availability. If licensee or proxy of licensee tours the Property after the reservation is confirmed, licensee is subject to the terms and conditions of the cancellation policy including any and all cancellation fees. 
10. SMOKING: This is a non-smoking property. Any violation of the smoking policy will incur a $1,000.00 Additional “Smoke Damage” Cleaning Fee to remove smoke odors from the house and/or linens. 
11. PETS: There are pets allowed on the Property - ONLY WITH with prior authorization and a $50 per night fee. Guests who bring a pet or pets without approval will be charged a $100 per night fee and may be immediately evicted from the Property. Guests will not leave PETS in the room alone during any part of their stay.
12. MAXIMUM NUMBER OF OCCUPANTS: The Property is to be occupied by no more than the maximum sleep number stated on the listing website unless approved in writing by SH. If Licensee exceeds the occupancy limit and falsifies occupancy information at the time of reservation, Licensee shall be subject to eviction. “Occupants” includes small children, infants and overnight visitors. If more than the maximum number is found to be occupying the Property, you agree that a charge of $100.00 per person/ per day will be made to your credit card. Additionally, this Agreement may be immediately terminated without a refund of any amounts paid. Exceptions: Licensee may have an additional five (5) daytime guests at the Property beyond the maximum sleep number stated on the website. All parking, noise and community rules and restrictions must be followed. A daytime guest is understood to be any guest not sleeping at the home and leaving the property before 12 am. 
13. EVENTS/VENDORS: Any vendors entering the Property or events held at the Property must be disclosed by Licensee to SH and are subject to vendor/event fees to be determined by SH. Failure of Licensee to notify SH of any vendors or events could result in additional charges as determined by SH and/or removal from the Property. SH retains the right to determine if a gathering constitutes an event. All vendors must be licensed and insured and will provide proof of insurance if requested by SH. 
14. RETURN OF SECURITY/DAMAGE DEPOSIT (if applicable): Your Security/Damage Deposit, minus any charges against it, will be refunded to your credit card within twenty-one (21) days of your departure. If there are damages that require us to retain part of your Security/Damage Deposit, there may be a delay in its return. 
15. CHECK-IN: Check-In is no earlier than 3 pm on the day of arrival unless prior arrangements have been made with SH. 
16. CHECK-OUT: Check-out is no later than 11 am on the day of departure. Check-out is defined as completely off the Property with the key back in the lockbox if applicable. The entire 4-hour window between check-out and check-in is needed to adequately clean & prepare the home for the next guest. Out of respect for our housekeeping staff and newly arriving guests we ask that you adhere to our arrival/departure times. If you fail to be completely out by 11 am without prior approval you will be charged a minimum of $50. Special arrangements must be made ahead of time to be sure that a longer stay will not pose a problem. Please understand this is not meant to be an inconvenience but to ensure that everyone has the same opportunity to enjoy their stay at this Property. There shall be no pro-ration of the Total Occupancy Rate for late arrivals or early departures. 
17. ILLEGAL SUBSTANCES: Illegal substances are strictly prohibited and grounds for immediate eviction from the Property. You, your guests and visitors, agree that any drug use on the Property, or using the Property for any immoral or unlawful purpose, or violation of any law or ordinance on or about the Property will immediately terminate your occupancy and be grounds for immediate eviction from the Property. You shall be liable for any and all costs incurred by SH as a result of the breach of this Section. 
18. ENTERING PREMISES: Owner, Owner’s Agent or SH may enter the Property at any time, with no prior notice in order to perform necessary repairs and/or maintenance and at their sole discretion.
19. MOVING FURNITURE: The Owner shall provide furniture and fixtures, linens and towels, and a fully equipped kitchen. Licensee is responsible to return any furniture that was moved to its original position. 20. ITEMS LEFT BEHIND: Owner or SH shall not be liable or responsible for personal items left behind, lost or stolen. If you leave an item after checking out and wish to have it returned, call SH as soon as possible and we will arrange for shipment. We will inform you of the shipping cost and with your approval, charge the credit card on file to cover the expense. 
21. LIABILITY: Owner or SH shall not be liable to Licensee, its guests or invitees or any other person for any injury, loss or damage to any person or property on or about the Property. Licensee shall hold Owner and SH harmless and indemnify Owner and SH from and against all loss, injury or damage occasioned by the use or misuse or abuse of any part of the Property and from or against any omission, neglect, or default of Licensee, its guests, licensees or invitees. 
22. SUBLETTING: This Agreement may not be assigned or the Property sublet or occupied by anyone other than Licensee and its guests. 
23. CHANGING THE LOCKS: No physical changes to the Property or changing of locks on the Property are permitted. 
24. FILM/VIDEO: The Property shall not be used as a location for amateur or professional film/video without the prior written consent and arrangement with Owner and SH. 
25. INDEMNIFY AND HOLD HARMLESS: You agree to indemnify and hold Owner and SH harmless from all liability, loss or damage arising from any nuisance or harm made or suffered on the Property by you, your guests or invitees, or from any carelessness, neglect, or improper conduct of any persons occupying or visiting the Property during your occupancy pursuant to this Agreement. 
26. EXCEPTIONS: Any exceptions to the rules and regulations as written herein must be approved in writing in advance by SH. 
27. BOOKING POLICY: Occupancy rates naturally fluctuate throughout the year based on market conditions. When reservation confirmation is received, occupancy rates are locked in for the dates in the reservation. Should occupancy rates go up, you understand you will not be required to pay more. In addition, should occupancy rates go down, you understand you will not be entitled to a refund. 
28. AMENITIES: SH make every attempt to ensure the Property lives up to the cleanliness & amenities of the pictures and/or video as seen on SH’s website. Naturally, some of the Property’s amenities will need to be replaced or changed over time and may not be the specific amenity shown in the pictures and/or video. 
29. EXTRAORDINARY CIRCUMSTANCES: There may be circumstances in which the Property might not be available for your stay. Examples of these include (but are not limited to) destruction of or damage to the Property, changes in local occupancy regulations, or other reasons. In the event the Property is not available, for whatever reason, we will do our best to make alternative arrangements for you where possible. If we cannot, or if the alternative arrangements are not acceptable to you, then we will refund all monies paid. This will be the full extent of our liability to you in such circumstances, and we will not be responsible for any other costs connected with any such cancellation, howsoever arising. 
30. NO REFUND POLICY: While every attempt is made to keep properties in good working order, occasionally things break, fail or go out of adjustment. This is an unavoidable part of life. This may include, but is not limited to, disruption in internet service, TV service, or AC system. When these types of things happen, SH will make every attempt to correct or repair the problem as soon as possible, but only after SH has been alerted to the problem. However, it may happen that a repair cannot be made during the time the Licensee occupies the Property. No matter what happens, if the Property is otherwise habitable and the Licensee remains in the Property, the Licensee hereby confirms and agrees that no refunds will be issued. 
31. SPECIFIC ROOM NOT GUARANTEED: We do our best to offer you the specific room which you booked, however occasionally we have groups who need special accommodation and we may need to move your to a comparable room. You will never be charged more to be moved to another room, and depending on the comparable room rate may qualify for a rate reduction. 
32. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties relating to the Property, and it supersedes any and all prior memoranda, options, oral agreements and understandings of the parties respecting the subject matter of this Agreement, and supersedes all other prior documents made by the parties in connection with the transaction described herein.