BABCOCK VINTNER'S HOUSE & GUEST COTTAGE VACATION RENTAL AGREEMENT
Please review the following Agreement. The highlighted areas are necessary for you to complete the Agreement and to establish your reservation.
In consideration of the monies received and mutual promises, contained herein, the Owners of the subject property do hereby rent to Tenant the certain property described herein and under the following terms and conditions:
Babcock Vintner's House & Guest Cottage
1859 San Leandro Lane
Montecito, CA 93108
1. RENT DEPOSIT/CANCELLATION: To secure a reservation, we must receive a deposit of one half (1/2) of the rental amount along with this executed Agreement. Once a reservation has been secured, a cancellation fee of 20% of the deposit will be charged for a cancellation made PRIOR to 45 days before your scheduled check-in date. Cancellations must be received in writing by fax or email. In case of no shows or cancellations made less than 45 days prior to scheduled check-in date, there will be NO REFUNDS other than the security deposit fee, cleaning fee, and tax. Early departures after arrival are non-refundable.
Rental Business Fax: 805-736-3886
Rental Email: firstname.lastname@example.org
2. SECURITY DEPOSIT: There is a Security Deposit of $500.00 for the Main House only, a Security Deposit of $250.00 for the Guest Cottage only, or a Security Deposit of $750.00 for the rental of both the Main House and Guest Cottage. Security Deposit is to be paid in addition to the rental fee at the time when the Balance Of Payments is made. If all property, fees and terms of this Agreement are satisfied, the Security Deposit will be returned within fourteen (14) days of your departure from the property.
3. CLEANING FEES: There are cleaning fees for the Vintner's House and/or Guest Cottage that are due when the Balance Of Payments is made. Maid services during your stay need to be arranged prior to your arrival. To discuss the availability of maid services, call the Rental Business Office at 805-736-1455.
4. TAXES: The county of Santa Barbara requires a ten percent (10.0%) Transient Occupant (Bed) Tax on vacation rentals. This amount will be applied when the Balance Of Payments is made.
5. BALANCE OF PAYMENTS: The balance of the rental fees, including the security deposit and cleaning fees, and all applicable tax, is due no less than 45 days before the first day of your stay. Within 45 days of your stay, all fees with the exception of the security deposit, applicable taxes, and cleaning fees are nonrefundable. All monies are to be paid in full prior to check-in. For rentals booked less than 45 days in advance, the total balance is due immediately to hold your reservation.
6. PAYMENT METHOD: Payment can be made by MasterCard or Visa. The person whose credit card is used to pay for the rental must also be the same person who completes and is responsible for this agreement. This person must also be one of the occupants in the house during the stay. This is also the person that we will consider to be the reservation holder for the stay.
7. TERMINATION: If the Tenant or any member of his party violates any of the terms of this agreement, the Owner may, at the Owner's sole discretion, terminate this rental agreement with no refund of the used portions of the rents, and may enter the premises and remove Tenant, the members of his party and their belongings.
8. RIGHT OF ENTRY: The Owner has the right to enter the premise with cause with 24 hour notice. In emergency situations, the owner may enter at any time.
9. CONDITIONS: ALL RENTALS ARE TO RESPONSIBLE ADULTS ONLY. No high school, college or civic groups, chaperoned or otherwise, are permitted. Properties are patrolled on a regular basis. Tenant acknowledges that he/she will personally occupy the property for the duration of the rental period, and will not sublet any portion of the property. Occupancy is restricted to the number of occupants set forth in this Agreement. Tenant agrees that the premises shall not be used for any illegal or unlawful purpose. Tenants must respect the fact that the home in which they are staying is in a residential neighborhood. Occupancy and use of the premises and common areas must not disturb or offend other renting parties, or adjacent residents of the neighborhood. Any amplified music outside of the Main House or Guest Cottage after sundown is prohibited. Violation of any of these terms shall give the Owner the right to terminate this Agreement without the refunding of any rents collected.
10. NON-OCCUPANT VISITORS: If you are planning a party or get-together in either the Main House or the Guest Cottage that includes any visitors that will not be listed on this Agreement, you may be required to execute an additional Special Event Agreement. If your gathering is going to have a total of 13 or more people in the Main House, including the occupant guests that you list here, or if your gathering is going to have 5 or more people in the Guest Cottage, including the occupant guests that you list here, please contact the Rental Business Office prior to executing this Agreement.
Rental Business Office: 805-736-1455.
For gatherings that extend into the evening, non-occupant visitors and their vehicles should exit the property by 10 PM.
11. CARE OF PROPERTY: No smoking in house. Tenant is expected to care for the property with the utmost respect. The Tenant acknowledges that unless the Owner is notified on the day of check-in of any damage or cleaning concerns, then thereafter, all damages or concerns to the property during the occupancy will be the Tenants responsibility and must be reported to Owner and paid for prior to departure. Tenant must leave the property in a clean condition. House should be picked up before leaving. Dishes should be clean or placed in dishwasher. Please do not turn on the dishwasher, we will run it after you stay. All keys are to be returned to the dining room table by check out time. All breakage or damage of any kind should be reported to the owner. To report, please call:
1) Rental Business Office: 805-736-1455
2) Owner's Cell: Lisa Babcock 805-722-5503
3) Owner’s Cell: Bryan Babcock 805-588-5603
4) Owner’s Home: 805-565-2889
12. INDEMNITY: The Tenant agrees to release and indemnify the Owners and/or their Agents from and against all liability, should anyone be injured while on the premises during their stay, resulting from any cause whatsoever.
13. CHECK IN: After 4:00 P. M. on the arrival date. Early occupancy by request. If granted, a $75 fee will apply.
14. CHECK OUT: By 11:00 A. M. on the date of your departure. Upon request and depending on circumstances, a late checkout may be arranged. A fee of $40 per hour may be charged for any unauthorized late check outs. Fees for authorized late check outs may apply and will depend on the circumstances at the time of authorization.
15. FURNISHINGS & FURNITURE: Owner provides utilities, bathroom soaps and towels, linens, cooking and dining utensils. Please do not rearrange any indoor or outdoor furniture. If you must temporarily change the location of any furniture during your stay, it must be returned to its original location prior to your departure. If furniture is rearranged and not returned to its original position, there will be a relocation fee of a minimum $50 deducted from your security deposit. Relocation fees may increase depending on how long it takes us to replace furniture that has been moved.
16. INTERNET: Wireless Internet is available at no additional charge.
17. APPLIANCE MALFUNCTIONS: will be responded to as quickly as possible. There are no rebates or refunds issued to Tenants because of a malfunctioning appliance. Every effort is made to insure the property is maintained to highest standards.
18. GRILLING/BARBECUING: Use of the barbeque is permitted only in designated area on property. ABSOLUTELY NO GRILLING ALLOWED ON UNDER EAVES, TREES, OR NEAR WOODED AREAS. Use of fireworks is prohibited.
19. FIREPLACES: Use of the fireplaces in the living and family rooms is permitted. These are gas burning fireplaces and are not designed for nor intended to be used to burn anything other than the gas that they are equipped with. Using the fireplaces for burning anything other than the gas that they are intended to burn, is strictly prohibited.
20. NO SMOKING IN HOUSE
21. PARKING: There is parking for up to five vehicles in the driveway at the front of the house. There is also parking in the 2nd driveway located in the back of the property, adjacent to the Guest Cottage. If you are staying in the Guest Cottage, this is your parking area. Please make sure that you, all occupant guests, and non-occupant visitors restrict their parking to one of these two areas. There is no parking on the easement road that services the other two neighboring homes. Parking on the other side of the easement belongs exclusively to the neighbors. If you are renting both the main house and guest cottage, the maximum number of vehicles that may be parked on the property at any one time is seven (7). If you are renting the main house only, the maximum number of vehicles that may be parked in the driveway at the front of the house is five (5). If you are renting the Guest Cottage only, the maximum number of vehicles that may be parked in the 2nd driveway is two (2). Non-occupant visitors, that is, people visiting you at the home but not renting/staying at the home overnight, may park on the property during the day as long as the maximum number of vehicles set forth above is not exceeded. For gatherings that extend into the evening, non-occupant visitors and their vehicles should exit the property by 10 PM.
22. LOCKED AREAS: Any locked areas for which Tenant is not provided a key, such as owner's personal storage areas, are exempt from this lease agreement and are off limits to the Tenant. Forced entry into these areas is cause for immediate termination of this Agreement.
23. LOST, STOLEN OR ABANDONED ARTICLES: The Owner shall not have any responsibility for lost, stolen or abandoned items. There will be a $25.00 plus cost-of-shipping fee for any returned items.
24. LOST KEYS: There will be a $150.00 charge each for lost keys to either the house or guest cottage.
25. EVENTS UNFORSEEABLE by OWNERS: In the event that the Owner is unable to deliver said property to Tenant under this rental agreement prior to occupancy because of fire, eminent domain, act of nature, delay in construction or any other reason unforeseen reason whatsoever, Tenant hereby agrees that Owner's sole liability as a result of these conditions is a full refund of all monies previously tendered by Tenant. Pursuant to the terms of this agreement, Tenant expressly acknowledges that in no event shall the Owner be held liable for any consequential or secondary damages, including but not limited to, any expenses incurred as a result of moving because of any damage, destruction or loss.
26. HANDICAPPED ACCESS: The home was constructed in the 1920's and no significant architectural changes have been made. Unfortunately, there is no handicapped access.
27. PETS are not permitted on the property without the permission of the Owners and/or their Agents. Violation is grounds for immediate termination of this Agreement with no refund of rent. To request permission for a pet(s), in addition to this Agreement, a Pet Agreement must be acknowledged and filled out by clicking on the appropriate box below.
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