Rental Agreement / Terms of Use
This is a Rental Agreement between The Owners of Storybook Villa where “Storybook Villa”/ “Us”/ “We”=The Owners/Lessor/Landlord and The Renter/Guest/Occupant where “You”/ “Guest”=The Renter.
The property will be ready for occupancy at 4:00 PM local time on the beginning date of the rental agreement and must be vacated by 11:00 AM local time on the ending date of the rental agreement.
Payment:
Storybook Villa accepts payment by credit card only. VISA, MasterCard, Discover and American Express. (will also consider other forms of payment – please inquire)
Initial Deposit:
The Initial Deposit is equal to your rental fee, cleaning fee, and security deposit (damage deposit). Your initial deposit reserves your stay (dates are blocked off) and is non-refundable after 24 hours of payment.
A Damage Deposit in the amount of $400 is included as part of your total balance due (collected with your balance, collected upfront). During the week following your check-out, the property will be inspected for damage and your $400 damage deposit will be refunded (or a portion thereof depending on extent of damages, if any).
We reserve the right to charge additional service fees not included in the rental agreement in order to pay for, but not limited to, the following:
· Excessive cleaning &/or laundry needed to return property to a cleanliness level acceptable to the average guest. Additional cleaning-service hours, supplies &/or fees associated with the delayed check-in of the next guest(s).
· replacement of missing items upon inventory check ($250 per stroller)
· evidence of smoking on the premises
· evidence of pets on the premises
· soiling of towels, linens, carpets, & furniture
· misuse of items belonging to the property
· replacement &/or repair of damaged items
· number of guests exceeds the maximum occupancy of the property
· renter is evicted by the owner (or representative of the owner), the local law enforcement, or the security company employed by Kaleidoscope Condominiums
· replacement of missing parking passes &/or missing keys to the property & pool ($100 each)
· delayed check-in of next guest due to your late check-out
No Smoking / No Pets Policy:
No Smoking/Pets permitted on/in premises under any circumstances, No Exceptions. If any evidence of smoke / pet(s) is found on/in premises, you will be asked to vacate immediately with no refund.
Minimum Stay Policy:
Storybook Villa has a 3 day minimum stay policy.
Maximum number of occupants:
The house is to be occupied by no more than the agreed upon max number of occupants. Exact occupants will be listed and named by renter prior to start date. We will not rent to vacationing students or singles under 25 years of age unless accompanied by an adult guardian or parent.
Falsified Reservations:
Any reservation obtained under false pretense will be subject to forfeiture of initial deposit and/or total rental payment and the party will not be permitted to check-in.
Cancellation Policy:
After Initial Deposit has been paid, owners blocks dates from other potential guests/renters. Initial deposit is non-refundable unless guest/renter cancels within 24 hours.
City and Community Rules:
Guest agrees to abide by the laws and rules of the city and HOA community. These are posted in the property and around the complex. The HOA property management has capped the maximum number of guests in the pool area at one time per unit to 6 people for safety purposes.
Parking Policy:
Two parking spaces are assigned to Storybook Villa and available to guests. You do not need a parking pass for these assigned parking spots. Failure to park in these spaces will most likely result in towing of vehicle at renter/visitor’s expense (parking is patrolled). (additional parking available, please inquire)
Natural Disasters and Weather/Storm Policy:
We do not refund rents or deposits lost due to cancelled or shortened stays because of natural disasters &/or weather/storms. Departures due to natural disasters &/or inclement weather/storms do not warrant refund of rent or deposit.
City Of Anaheim Ban of Short-Term Rentals:
Should the operation of the property become illegal, owners will be forced to cancel the reservation. Any rental payments will be refunded in full. Owners will not be held liable should this occur.
Included with your Stay:
Payment includes one-time linen set-up prior to check-in and one-time cleaning service after your departure. There is no daily maid service. Some initial paper items and cleaning supplies are provided (i.e. toilet paper, paper towels, hand soap, dish soap, laundry soap), however you are responsible for these items for the remainder of your stay. Extra items needed are the responsibility of the guest (i.e. bring your tooth paste, body soap, lotions, shampoo, etc.)
Accommodations:
3bd-Storybook Villa #1: One California king bed, one Queen bed, one set of Bunk beds (twin on top & full on bottom), one Trundle bed (twin) and one Full sleeper sofa. Storybook Villa sleeps total of 9 people (sleeps 8 in beds provided upstairs). 2 pack-n-play cribs provided as well. (max # of occupants agreed upon prior to start date).
2bd-Storybook Villa #2: One California king bed, one set of Bunk beds (twin on top & full on bottom), one Trundle bed (twin) and one Full sleeper sofa. Storybook Villa sleeps total of 7 people (sleeps 6 in beds provided upstairs). 2 pack-n-play cribs provided as well. (max # of occupants agreed upon prior to start date).
Utilities:
The Lessor (Owners) will provide water, AC/heat, gas, electricity, trash removal, telephone usage (free calls anywhere in the U.S., Canada, & Puerto Rico), internet WiFi, & cable channels provided. Guest is responsible for any fees associated with charges incurred above & beyond the normal bill for telephone, WiFi, &/or cable including all long distance calls, collect calls, and pay-per-view cable, tv, or app charges.
Lessor (Owners) Responsibility:
The Lessor (Owners) will provide and maintain appliances. We will not be liable for interruption of these services that is beyond our control. We will also not be responsible for interruption of water, AC/heat, gas, electricity, telephone usage, internet WiFi, & cable, tv, app channels that is beyond our control, nor any noise pollution that is beyond our control. Please promptly notify us of any problems. Renter may not end this agreement or obtain a refund because of these interruptions.
Guest Responsibility:
The laws, rules, policies, and procedures listed within this Terms of Use/Rental Agreement, House Rules (posted inside the property), Community Rules (posted), City Rules (posted) & Parking Policy are meant to protect our guests and owners alike. All occupants and their guest(s) are required to conform to all rules, policies, and procedures. Failure to comply may result in city fines &/or immediate eviction.
HOUSE RULES:
1. Please always keep in mind that this is our second home.
2. Keep noise level to minimum between hours of 8pm – 9am. Keep in mind that some walls are shared with neighbors.
3. Park in parking space and/or garage only.
4. Abide by all city and community rules & regulations posted inside & around the complex.
5. Guests of Guests may visit but cannot spend the night nor violate max occupancy as established in agreed upon Rental Agreement.
6. Do not move furniture.
7. To repeat Rental Agreement: No Pets, No Smoking
8. Sleeper-sofa bed is for sleeping hours only. Please use as sofa during the day.
9. No jumping on the beds or any furniture.
10. Fireplace may only be lit by an adult. Do not leave gas key in wall keyhole after fireplace is lit.
11. Fireplace not to be left on while no one is in the living room. Do not leave children unattended near fireplace. Caution: Glass gets hot.
12. Children should not be left unattended in the bathtub, near open windows, or in the patio.
13. The stairway & area atop the stairs are not play areas.
14. Child safety-gates are provided. They serve as protective devices & cannot replace parental supervision. Child safety-gates should not be shaken or climbed on.
15. Do not run AC or heater while doors are open. Note: AC Settings = Set to cool, fan always on auto.
16. When leaving, please turn off all lights and double-check the front door is locked behind you.
17. Food items should be kept and eaten downstairs.
18. Bath towels should not be used as pool or beach towels.
19. Full trash bags need to be disposed of in the dumpsters provided.
20. Contact owners with damages immediately. 714-334-3736, 714-222-6268
21. Please apply common sense and The Golden Rule with regards to safety & treatment of the property during your stay.
PS – On the last night of your stay, please leave us a note in our guestbook. We love hearing about your stay! Thanks
Anaheim Municipal Code: Chapter 4.05 Short-Term Rentals, .0116
(a) Maximum number of occupants:
not to exceed two (2) persons within each short-term rental unit plus
not to exceed three (3) persons per bedroom
Storybook Villa #1 (3bd) Max Occupancy: 9 people (as approved by city)
Storybook Villa #2 (2bd) Max Occupancy: 7 people (as approved by city)
(b) Number of off-street parking spaces:
2 parkings spaces: parking spot and garage. Neither spot requires a parking permit.
(c) Trash:
Discard into the provided dumpsters on site. Never store outside the home.
(d) Occupants may be cited, fined, &/or evicted:
you must comply with all applicable laws & rules (city, CC&R’s, owners)
(e) Owner’s Information & Emergency
Josh Hochgesang 714.334.3736
Mindie Hochgesang 714.222.6268
Emergency 9-1-1
(f) City’s Loud and Unreasonable Noise Ordinance (Chapter 6.73)
restricts excessive noise between the hours of 10pm-7am
(g) Summary of CC&R’s/HOA Rules & Regulations (posted inside the property)
pool hours: 9am-10pm
quiet hours: 10pm-9am
(h) a copy of the chapter 4.05 (posted inside property)
You must leave unit on the date and time designated. Check-in is 4:00 pm and Check-out is 11:00 AM sharp.
Promptly notify Lessor (Owners) of any problems.
Abandoned possessions: We will not be responsible for any of your personal property left in or outside the premises. We will be glad, if found, to mail them to you and have the right to deduct the cost of postage as an additional service fee if appropriate.
Restrictions:
No trailers, boats, jet skis.
Guest assures the Lessor (Owners) that the occupants will observe all conditions and terms of this rental agreement as to maintaining the premises in good order and appearance and will conduct themselves in a manner inoffensive to neighbors.
Guest assures the Lessor (Owners) that any occupant who violates any of the terms of this Rental Agreement shall be immediately denied occupancy and shall remedy any damages or other expenses, which are caused by the occupant and/or the occupant ‘s guest(s).
Guest agrees that any occupant who is found using drugs or allows others to use drugs on the premises will be immediately denied continued occupancy at these premises.
Guest and/or their guests shall not disturb, annoy, endanger, or inconvenience neighbors, nor use the premises for any immoral or unlawful purposes, nor violate any law or ordinance, nor commit waste or nuisance on or about the premises.
Guest agrees that he/she shall not paint or make any alterations to the property without the owner’s consent.
After 24 hours notice, Guest shall have the premises available to enter for the Lessor (Owners) or his agent in order to access home &/or make repairs that become necessary during your stay.
In an emergency, Lessor (Owners) or his agent may enter the premises at any time without securing prior permission from Guest.
Guest may not let, sublet or assign this agreement for all or any part of the premises.
If Guest abandons or vacates the premises, Lessor (Owners) may at his option terminate this rental agreement, enter the premises, and remove all property (pertains to extended stays or emergency situations only).
In the event that any action shall be commenced by either party arising out of, or concerning this rental agreement or any right or obligation derived there from, the prevailing party shall be entitled to receive attorney’s fees as fixed by the Court in addition to all relief at law or equity.
Guest assumes full responsibility for fulfilling the terms of the rental agreement for the period stated and assure the Lessor (Owners) full recourse for the payment of any amount outstanding from the total amount due in accord with the terms as stated above including any outstanding or unpaid charges that are the responsibility of the Guest.
Guest/renter agrees that the property being rented is a short-term rental and this rental agreement is for stays of less than 30 days. The property & owner has a permit from the city of Anaheim to operate. The word “tenant” and “lease” never appear in this rental agreement (except here) and do not apply. This agreement and property rented do not constitute a ‘tenant’ or ‘tenancy’. Therefore, the Guest/ renter/ occupant staying in the property beyond their check-out date/time (without payment at least 2 weeks in advance of a future, separate short-term rental stay) understands and agrees the owner gives no consent to possession of the property beyond the rental period.
Guest/ renter/ occupant agrees and hereby forfeits to be a ‘tenant at will’ and agrees that unlawfully staying past their agreed upon short-term rental period makes them a trespasser. Police will be called to remove trespassers. The owner makes it simple and clear here that guests/ renters hereby forfeit their right as ‘tenants at will’, ‘holdover tenants’, and ‘squatters’. Any mention of the words ‘month’, ‘tenant’, or ‘lease’, whether verbally or in writing (emails, text, etc) are hereby superseded by the definitions in this rental agreement. In short, if you plan to stay past your agreed check-out date, please do not rent from us. If this does not describe you, you have nothing to worry about.
Guest/ renter agrees to Holdover Occupant’s Liability after Rental Agreement Term Expiration: A renter who remains in possession of the premises after the rental period expires is considered a trespasser and will be liable to the landlord/ owner for the fair rental value of the premises as well and any other damages that the landlord/ owner can recover from the holdover occupant (e.g., loss of rent and new renter). Additionally, if the landlord/ owner entered into a new rental agreement with another guest/ renter for the premises, then the holdover occupant having knowledge of such new renter, may also be liable to the new renter for damages for loss of use of the premises.
Indemnification provision: The holdover occupant agrees to indemnify the landlord/ owner from claims arising against the landlord/ owner resulting from renter’s wrongful holdover (e.g., claim by the new renter against the landlord/ owner for its failure to deliver the premises as set forth in a new rental agreement).
The wrongful holdover occupant will be liable to the landlord/ owner for all damages as well as its attorneys’ fees.
Guest agrees to indemnify and save Lessor (Owners) harmless from all liability, loss or damage arising from any nuisance or harm made or suffered on the rented premises by the Guest &/or occupant’s guest(s) or from any carelessness, neglect, or improper conduct of any persons entering, occupying or visiting the rented premises.
Guests for themselves and their respective heirs, personal representatives, successors and assigns, hereby release Storybook Villa, the owners of the property, agents, insurers, attorneys, successors and assigns from all claims, demands, or cause or thing whatsoever resulting from or in connection with the property of this rental contract, including without limitation any claim, demand or cause of action for personal injury or death and any and all loss, liability, cost and expense resulting from any claim, demand, suit or cause of action which may be asserted.
Credit Card / Payment Authorization:
I (Guest) understand and consent to the use of the credit card provided without original signature on the charge slip and that this Credit Card Authorization cannot be revoked and will not terminate until 90 days after rented premises are vacated. My initial deposit equal to the rental fee, cleaning fee, and damage deposit is due at time of booking and will be applied once my reservation has been confirmed by the owner.
Acknowledgment of Electronic Signature & Binding Rental Agreement:
I understand and acknowledge that by completing the reservation & submitting my payment that I have read, understood, and agree to the terms of this agreement and all policies of this property. I acknowledge and agree that I am bound by this rental agreement and I have signed “electronically” upon submitting my payment for reservation.
