Vacation Rental Terms and Conditions

50% OF RENTAL IS DUE AT TIME OF BOOKING AS A RESERVATION DEPOSIT. THE ENTIRE BALANCE, {{TotalBalance}}, MUST BE PAID IN FULL 30 DAYS PRIOR TO OCCUPANCY.  IF ARRIVAL DATE IS 30 DAYS OR LESS THE ENTIRE BALANCE IS DUE AT TIME OF BOOKING.  ALL PAYMENTS ARE TO BE MADE TO CASA DE BALBOA VACATION RENTALS LLC AND DEPOSITS ARE ACCEPTED SUBJECT TO OWNER'S ACCEPTANCE.

Lodger must be 25 years of age or older with a goverment issued photo ID.

CANCELLATION POLICY: Refund 100% more than 30 days or 50% 15-30 days before check-in LESS Credit Card and Bank Card (ATM) processing fees, and other platform fees, if applicable. 100% refund if re-rented for complete terms of rental (same rate and dates), LESS Credit Card and Bank Cards (ATM) processing fees, and other platform fees if applicable. If re-rented for less than all dates and/or at a discounted rate in order to fill your cancellation, the refund will be based on those terms LESS Credit Card and Bank Card (ATM) processing fees if applicable. Travel insurance can be purchased at time of booking that may offer reimbursement for travel expenses incurred in the event of a covered cancellation. CSA Traveler Protection Policy.

A charge of $35 will be applied to any returned  electronic checks. Please make certain to use exact account name from your bank statement, routing number, and account number WITHOUT THE CHECK NUMBER when paying.
 
NO PETS PERMITTED ON PREMISES UNLESS APPROVED BY CASA DE BALBOA. 

**Some lodging periods are broken into 7 night blocks and restricted to specific arrival and departure days of the week, namely the Summer and Holiday seasons.  These time periods are identified on each properties rate sheet.  These 7 night blocks begin on the arrival Saturday at check-in time and expire the following Saturday at check-out time.  Any reservations that are incorrectly booked via the online booking tool that do not adhere to this pattern will either be corrected in length of stay (7 night blocks) or to the proper arrival/departure days of the week or be canceled by Casa de Balboa.**

Each unit has a mandatory one hundred ninety-five to a two hundred and seventy-five dollar cleaning fee ($195.00 2 bedrooms $275.00 3 bedrooms). If unit is termed (unacceptable) the charges will be higher.

Lodger is responsible for reporting any unacceptable conditions of property in writing to Casa de Balboa on the day of taking occupancy. If no report is made we will presume that the premises are acceptable.

Gas, water, and electricity are to be paid for by Casa de Balboa. Please use your own cell phone. Any phones in the Casas are there as part of the cable requirement, however, the tenant agrees to pay all telephone charges incurred during the time of his/her lodging stay if these phones are used for peronal use by lodger or their guests. 

Lodger agrees to keep the property, furnishings, and appliances clean and in good repair and to pay for any damages tenant or tenant's invitee may cause in excess of the damage protection policy of $1500.00 for accidental damages that guest purchased OR damages above the $1000.00 refundable security
deposit. Lodger's personal property is not insured by Casa de Balboa. Please lock doors at night and when out.

Lodger agrees to allow owner or his agent or representative to enter the premises for making necessary repairs.

Lodger agrees that all persons residing inthe lodging property unit live together as a single housekeeping unit.

Lodger shall not let or sublet all or any part of the premises nor assign his agreement or any interest in it. 
If lodger abandons or vacates the property before the termination time, Casa de Balboa may reenter the premises and take possession and remove all property.

Lodger must declare at the time of booking the total number of guests that will stay overnight as well as the total number of persons, which includes day guests that would occupy the rental unit at any given time.  Lodger agrees they will not exceed the total number of overnight guests declared at time of booking.  Lodger further agrees they will not exceed the maximum occupancy for each rental unit, which, on occassion with prior approval, is approximately twice the maximum overnight guests allowed. Examples: 4 guests in a 2 bedroom may have up to 8 guests and 6 guests in a 3 bedroom may have up to (3 bedrooms)12 persons, on or in each rental property as day guests that depart by 10PM. Please inquire for prior approval. If it is found the lodger has violated this policy, Casa de Balboa may charge additional fees or terminate lodging stay immediately without refund.

Lodger has declared a total of {{TotalGuests}} guests at the time of booking and by initialing agrees that this number is accurate.  If this number were to change, lodger must notify Casa de Balboa.  Based on the total number of guests and the specific rental, additional guest fees may apply or Casa de Balboa may terminate lodging stay immediately without refund. 

Lodger agrees to pay {{TotalBalance}} to Casa de Balboa for a {{TotalDays}} night stay, arriving {{ArrivalDate}} and departing {{DepartureDate}}.
Occupancy begins on or after 3:00 PM {{ArrivalDate}} and is terminated 10:00 AM {{DepartureDate}}, unless otherwise agreed upon by Casa de Balboa.

No amplified sound or reproduced sound is alloed outside or audible from the proprty line between the hours of 10PM and 10AM. Lodger and/or their guests are responsible for all activities occurring on the property and that any transient user, occupant, or guest may be cited and fined for creating a disturbance or violating any provision of the following codes:

LODGER SHALL NOT DISTURB, ANNOY, ENDANGER OR INTERFERE WITH OTHER LODGERS OF THE BUILDING OR NEIGHBORS. NOR USE THE PREMISES FOR ANY UNLAWFUL PURPOSES, NOR VIOLATE ANY LAW OR ORDINANCE, NOR COMMIT WASTE OR NUISANCE UPON THE PREMISES. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN LODGER AND CASA DE BALBOA THAT ANY DISTURBANCES OR VIOLATIONS OF CITY CODES RESULTING IN NEIGHBORHOOD COMPLAINTS OR POLICE ACTION SHALL CAUSE LODGING STAY TO BE SUBJECT TO TERMINATION FORTHWITH AND ALL MONIES TO BE FORFEITED TO CASA DE BALBOA. LODGER AND THEIR GUESTS HAVE READ AND AGREE TO ABIDE BY THE FOLLOWING CITY OF NEPORT BEACH CODES AND ORDINANCES REQUIRED FOR SHORT TERM LODGING:

5.95.047 Violations of Permit Conditions by Transient User, Occupant or Guest.
In addition to other provisions of this Code, it shall be unlawful for any transient user, occupant or guest of a short term lodging unit to:
A.    Exceed the overnight occupancy limit designated for the short term lodging unit.
B.    Use street parking prior to utilizing all available on-site parking space(s) for the lodging unit.
C.    Place trash for collection in violation of this Code’s rules and regulations concerning:
1.    The timing, storage or placement of trash containers; or
2.    Recycling requirements.
D.    Amplify or reproduce sound between the hours of 10:00 p.m. and 10:00 a.m.:
1.    Outside of the lodging unit; or
2.    That is audible from the property line for the lodging unit.
E.    Use the short term lodging for any nonresidential purpose, including, but not limited to, large commercial or noncommercial gatherings, commercial filming and/or nonowner wedding receptions. (Ord. 2020-15 § 2 (part), 2020)

10.28.007 Loud and Unreasonable Noise is Prohibited.
It is unlawful for any person or property owner to make, continue, cause or allow to be made any loud, unreasonable, unusual, penetrating or boisterous noise, disturbance or commotion which annoys, disturbs, injures or endangers the comfort, repose, health, peace and quiet within the limits of the City, and the acts and things listed in this chapter, among others, are declared to be loud, disturbing, injurious and unreasonable noises in violation of this Chapter, but shall not be deemed to be exclusive. (Ord. 2001-4 § 2, 2001)

10.28.010 Loud and Unreasonable Noise.
It is unlawful for any person or property owner to willfully make, allow, continue or cause to be made, allowed, or continued, any loud and unreasonable, unnecessary, or disturbing noise, including, but not limited to, yelling, shouting, hooting, whistling, singing, playing music, or playing a musical instrument, which disturbs the peace, comfort, quiet or repose of any area or which causes discomfort or annoyance to any reasonable person of normal sensitivities in the area, after a peace or code enforcement officer has first requested that the person or property owner cease and desist from making or continuing, or causing to make or continue, such loud, unreasonable, unnecessary, excessive or disturbing noise.
The factors, standards, and conditions which should be considered in determining whether a violation of the provisions of this section has been committed, include, but are not limited to, the following:
A.    The level of the noise;
B.    Whether the nature of the noise is usual or unusual;
C.    Whether the origin of the noise is natural or unnatural;
D.    The level and intensity of the background (ambient) noise, if any;
E.    The proximity of the noise to residential or commercial sleeping areas;
F.    The nature and zoning of the area within which the noise emanates;
G.    The density of inhabitation of the area within which the noise emanates;
H.    The time of day and night the noise occurs;
I.    The duration of the noise;
J.    Whether the noise is constant, or recurrent or intermittent; and
K.    Whether the noise is produced by a commercial or noncommercial activity;
L.    If the noise is produced by a commercial activity, whether the use is lawful under the provisions of Title 20 of this Code and whether the noise is one that could reasonably be expected from the commercial activity.
M.    Penalties. Any person who violates any provision of this section is guilty of a misdemeanor, unless the violation is deemed an infraction pursuant to the provisions of Section 1.04.010 of this Code. (Ord. 2001-4 § 3 (part), 2001: Ord. 95-38 § 3 (part), 1995)

10.28.020 Loud and Raucous Noise from Sound-Making or Amplifying Devices Prohibited.
A.    It is unlawful for any person to cause, allow or permit the emission or transmission of any loud or raucous noise from any sound-making or sound-amplifying device in his possession or under his control:
1.    Upon any private property; or
2.    Upon any public street, alley, sidewalk or thoroughfare; or
3.    In or upon any public park, beach or other public place or property.
B.    The words “loud and raucous noise,” as used herein, shall mean any sound or any recording thereof when amplified or increased by any electrical, mechanical or other device to such volume, intensity or carrying power as to unreasonably interfere with the peace and quiet of other persons within or upon any one or more of such places or areas, or as to unreasonably annoy, disturb, impair or endanger the comfort, repose, health, or safety of other persons within or upon any one or more such places or areas.
C.    The word “unreasonably,” as used herein, shall include, but not be limited to, consideration of the hour, place, nature and circumstances of the emission or transmission of any such loud and raucous noise.
D.    Penalties. Any person who violates any provision of this section is guilty of a misdemeanor unless the violation is deemed an infraction pursuant to the provisions of Section 1.04.010 of this Code. (Ord. 2001-4 § 3 (part), 2001: Ord. 95-38 § 3 (part), 1995)

10.58.030 Police Services at Large Parties, Gatherings or Events Requiring Second or Subsequent Responses.
A.    No person shall promote, host, organize or otherwise allow a large party, gathering or event to occur on private property which is determined by a Police Officer to threaten the public peace, health, safety or general welfare of the neighborhood or surrounding community.
B.    The person responsible for the large party, gathering or event will be held liable for civil fines in amounts established by resolution of the City Council, for a special security assignment by the police, to control the threat to the public peace, health, safety or general welfare, at any time within any twelve-month period after a first written warning.
C.    In the case of a large party, gathering or event on private property in the West Newport Safety Enhancement Zone during the period that the designation is in effect, the person or persons responsible for the party, event or gathering, the occupant or occupants of the property and the owner or owners of the property are, jointly and severably, responsible for immediately complying with a request from any law enforcement officer to terminate all unruly or illegal behavior on the property and shall be responsible, in addition to other fines and penalties provided by this chapter, for the payment of a fine in the amount of three hundred dollars ($300.00) for each full ten minute segment that unruly or illegal conduct continues past the time that the law enforcement officer requests termination.
The initial call, or any subsequent call, may also result in the arrest and/or citation of violators of the State Penal Code or other local regulations. (Ord. 2003-5 § 13, 2003: Ord. 94-56 § 1 (part), 1995: Ord. 91-31 § 1 (part), 1991: Ord. 88-19 § 1 (part), 1988)

10.66.020 Loud or Unruly Gathering—Public Nuisance.
A.    It shall be unlawful and constitute a public nuisance for any owner or responsible person to cause or allow a loud or unruly gathering to occur at any residential unit within the City. A loud or unruly gathering may be abated by the City by all reasonable means, including, but not limited to, an order of a peace officer requiring the loud or unruly gathering to be disbanded, the issuance of citations, and/or the arrest of any person(s) committing a violation of law under applicable State or local laws.
B.    Nothing in this section shall be construed to impose liability on an owner, resident of the residential unit, the person in charge of the residential unit, or the organizer or sponsor of the gathering, for the conduct of persons who are present without the express or implied consent of the resident, person in charge of the residential unit or the organizer or sponsor, as long as the resident, person in charge of the residential unit or the organizer or sponsor has taken all steps reasonably necessary to exclude such uninvited persons from the residential unit, including an owner who is actively attempting to evict a tenant from the residential unit.
C.    Where an invited guest engages in conduct which the resident, person in charge of the residential unit, or the organizer or sponsor could not reasonably foresee and the conduct is an isolated instance of an invited guest at the event violating the law which the resident, person in charge of the residential unit, or the organizer or sponsor is unable to reasonably control without the intervention of a peace officer, the unlawful conduct of the individual invited guest shall not be attributable to the owner, resident, person in charge of the premises, or the organizer or sponsor for the purpose of determining whether the event constitutes a loud or unruly gathering. (Ord. 2011-13 § 1 (part), 2011)

Casa de Balboa, and all persons representing Casa de Balboa, nor owners are responsible for articles left behind, lost, or stolen.

This is a NONSMOKING UNIT, absolutely no smoking is permitted inside the rental unit. Smoking is permitted outside on patios or decks as long as all windows and doors are shut so that no smoke enters the rental unit. We also ask that all guests be courteous to their neighbors and do not smoke in areas that allow smoke to bother those that do not smoke.  All cigarette butts must be disposed of properly and placed in outside trash receptacles.  If it is determined that a lodger or guests of lodger have violated this policy Casa de Balboa may charge additional fees and/or terminate lodging stay without refund.

PETS (dogs ONLY under no circumstances will we accept cats) are permitted only with prior approval, payment for the pet, and the Pet Addendum completed and returned. 

If owner of property (Casa units) should place their property for sale we will notify you immediately and arrange another Casa for your stay if available.
ALL RENTALS OF 31 DAYS OR LESS ARE SUBJECT TO A CITY OCCUPANCY TAX OF 10% OF THE TOTAL RENT.
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ALL RENTALS OF 31 DAYS OR LESS ARE SUBJECT TO A CITY OCCUPANCY TAX OF 10% OF THE TOTAL RENT.

By continuing with reserving I agree that I am entering into a lodging stay agreement  with {{OwnerFirstName}}{{OwnerLastName}} for the vacation home {{PropertyID}} located at {{PropertyAddress}} {{PropertyCity}}, {{PropertyState}}, {{PropertyZip}} and dates listed, and I agree to all terms stated within this contract/agreement

ALL RENTALS OF 31 DAYS OR LESS ARE SUBJECT TO A CITY OCCUPANCY TAX OF 10% OF THE TOTAL RENT.

CASA DE BALBOA VACATION RENTALS LLC