Ocean Blue at Moonlight Beach - Rental Agreement

Thank you for choosing Ocean Blue at Moonlight Beach! Read the contract in its entirety. Once you understand and agree to the terms and conditions, click the agreement box.

This is an agreement between Sembrose LLC (the owner of Ocean Blue) and You (Responsible Guest). You and Responsible Guest may be used interchangeably in this agreement.

Responsible Guest Definition and Obligations:

The individual who places the booking, clicks to accept this agreement, and submits payment shall be referred to as the "Responsible Guest." By completing the reservation, the Responsible Guest agrees to the following:

Authority and Accountability: The Responsible Guest affirms that they are at least 25 years old and legally authorized to enter into this agreement on behalf of all individuals staying at or visiting the property.

Compliance by All Guests: The Responsible Guest accepts full responsibility for ensuring that all guests, invitees, and occupants, regardless of whether they are listed on the reservation, understand and comply with all terms, rules, and policies set forth in this agreement.

Liability: The Responsible Guest shall be held financially and legally accountable for any damage to the property, violations of house rules, excessive cleaning fees, or other breaches of this agreement caused by themselves or any other guest, invitee, or occupant. The Responsible Guest agrees to defend, indemnify, and hold harmless Sembrose LLC from any liability, claims, losses, or property damage arising from any injury or damage sustained by any person on the premises during the term of this agreement, when caused by the negligent or intentional actions of the Responsible Guest or their guests or invitees. Guests are strongly encouraged to carry travel or vacation insurance to protect against unforeseen events or cancellations.

Communication: The Responsible Guest is the primary point of contact and agrees to communicate all check-in instructions, safety information, and house rules to their group prior to arrival.

Acknowledgment:

By accepting this agreement, the Responsible Guest acknowledges that failure to comply with these responsibilities may result in immediate termination of the stay without refund and forfeiture of the security deposit, additional fees, and/or legal action.

Rental Policies for Ocean Blue (the property at 230 4th St., Encinitas, CA 92024)

A. The property shall not be used by more than the number of adults and children listed in your reservation. Maximum occupancy is 8 people at all times.

B. All guests shall abide by the City of Encinitas’ good neighbor policy and shall not engage in illegal activity. Quiet hours are from 10 p.m. to 8 a.m.

C. Pets are not permitted unless specifically noted in your reservation.

D. Responsible Guest must be at least 25 years of age (or the specified minimum age required to rent the property, if different). Guests under 18 years of age must be accompanied by a parent or legal guardian.

E. Smoking and vaping are strictly prohibited anywhere on the property—this includes indoors and outdoors. It is specifically prohibited on decks and balconies, in the yard, the garage, the hot tub area, the driveway, and all other outdoor areas. This rule applies to all forms of smoking, including tobacco, cannabis, and e-cigarettes.

Note: In accordance with Encinitas Municipal Code Chapter 11.08, smoking and vaping are prohibited in public spaces within city limits. Violations may result in fines from the City of Encinitas. The Responsible Guest acknowledges that the City of Encinitas prohibits smoking in public spaces. By agreeing to this contract, You (Resposible Guest) accept full responsibility for ensuring that neither you nor any member of your party smokes or vapes anywhere on or around the Ocean Blue property.

F. No commercial photography or filming is permitted on the property. Tents or other structures may not be erected. Use of charcoal grills is not allowed.

G. Responsible Guest is liable for any damage to the property and agrees to accept charges to the card on file should damage occur during occupancy.

H. Cancellation Policy: 100% refund up to 30 days before arrival and 50% refund up to 14 days before arrival.

I. Travel Insurance: We recommend that you purchase travel insurance to help protect against financial loss if you must cancel your reservation for a covered reason.

J. Parking is available for 2 cars, and both cars must fit into the front driveway and shall not block the sidewalk. Encinitas Municipal Code Chapter 9.38 states that vehicles must not

obstruct sidewalks. The Responsible Guest agrees to ensure that if two cars are parked in the driveway, they are parked in such a way that the sidewalks remain completely clear of any obstructions.

The Responsible Guest agrees that all parking is at their own risk. Sembrose LLC shall not be held liable for any damage to vehicles or injury to persons arising from parking at or near the property. The Responsible Guest agrees to indemnify and hold harmless Sembrose LLC from any claims, damages, or liabilities resulting from their use of parking spaces or any violations of local parking ordinances.

K. Guests are responsible for depositing trash in the receptacles provided behind the home.

Arrival

Check-In 3:00 pm or after

Departure

Check-Out 11:00 am or earlier

50% payment is charged at the time of reservation.

50% payment will be automatically charged 14 days before the check-in date. A $5,000 security deposit pre-authorization hold will be placed on the credit card on file at check-in.

Check-Out Reminder:

Leave the house like it was when you arrived.

Put covers back on outdoor furniture.

Please take the trash and recycling to the bins outside the lower entryway.

Load and run the dishwasher.

You can leave the towels and beds as they are.

Check for items you may have left behind.

Turn off the lights.

Turn off the Heat and Air Conditioning.

Lock all doors.

Enter your checkout code on the Yale keypad on or before 11 am.

Vacation Rental Agreement

Upon the terms and conditions herein stated, this Vacation Rental Agreement (“Agreement”) is entered into between Sembrose LLC (“Sembrose”) and the Guest identified below (“Guest”).

If you have questions about your agreement, call or text us at (760) 642-6969 or send an email to host@moonlightbeachrental.com

Term:

This Agreement is for a Term beginning on: (“Arrival Date”)

and ending on: (“Departure Date”).

Check-in is 3:00 p.m. and Check-out is 11:00 a.m. local time.

Property and Address:

The vacation rental property (“Property” or “Ocean Blue”) is located at 230 4th St., Encinitas, CA 92024.

Occupancy Limit:

The maximum number of guests allowed at the Property at any one time is eight (8). This number is inclusive of small children and infants.

You may not assign this agreement nor sublet this Property.

By agreeing to this contract, I certify that I agree to the occupancy limit and am twenty-five (25) years of age or older.

Rental Amount, Fees, and Payments:

The Rent and Fees for the Property are as follows:

RESERVATION DEPOSIT- A reservation deposit of 50% of the rental fee is required at the time of booking. The remaining 50% is charged 14 days before your check-in date.

After your reservation is paid in full, access details for your rental will be provided via e-mail within three (3) days of your Arrival Date.

You agree to vacate the property by 11:00 a.m. on the date stated for departure. You further agree to leave the property in a reasonably clean condition. Further, if the house is not properly locked, Guest may be financially responsible should a burglary occur, any water damage resulting from open windows or open doors, etc., and/or any time spent by Sembrose LLC to remedy any of the above.

You are authorizing Sembrose LLC to charge you for any and all unreported damages. Further, you grant Sembrose LLC permission to use the credit card for any reported damages that exceed $5,000.00, excessive cleaning or extra days should you elect to extend your stay. Sembrose LLC. will provide you with an itemization of charges within 30 days of the date of your departure.

No Reservation is effective until receipt of the Final Payment.

Credit card information: Future payments are scheduled to be taken out on the agreed-upon payment schedule on the credit card originally given for the deposit.

Damage Waiver Fee, Damages and Missing Items:

A nonrefundable Damage Waiver Fee is required for all reservations. Sembrose requires a valid Visa, Master Card, American Express, or Discover Card number on file in addition to the REPORTED damage to the Rental Property and its contents, not to exceed the amount of coverage (up to $5,000.00 if REPORTED unintentional damage). The Damage Waiver Fee does not cover intentional damage, theft, unauthorized entry into the owner’s supply closet, unauthorized pets, Check-out after 11 a.m. on Departure Day, Check-in before 3 p.m. on Arrival Day, extensive cleaning required at check-out, damage or cleaning due to smoking, exceeding occupancy limits or parking limits, any reservation made fraudulently by an underage guest, loss of use of the covered property, and any other charges/policies in Sembrose’s Rental Policies and Rental Agreement including any fines imposed on Sembrose by the City, County, State or any other applicable governing authority as the result of Guest’s violation of any law, ordinance, rule or regulation or any fines or cost levied against Guest or visitors of Guest (“Excess Damage Costs). Guests will be notified of any Excess Damage Costs in writing. Any Excess Damage Costs will also be charged immediately to the Guest’s credit card. By agreeing to this contract, Responsible Guest acknowledges and accepts full responsibility for any items found to be missing and any damage due to misuse, negligence, or actions by the Guest or their visitors, except in the case of normal wear and tear reported to Sembrose within 24 hours of check-in.

Please do not relocate or rearrange furniture or furnishings during your stay.

You will receive the Property in reasonable condition, and you shall maintain the Property. You will be liable for any loss or breakage of the contents of the Property. As stated, if there is breakage or damage to the Property or the furnishings or appliances, you shall report such finding to Sembrose as soon as possible. Damages must be reported in writing to our office prior to departure. If Guest does not report in writing damage subsequently discovered by Sembrose, Sembrose will charge Guest’s credit card to return said damage to condition prior to Guest’s arrival.

By checking the box, Guest confirms they have read, understood, and accepted the terms outlined in Section 6.

Disclosures and Indemnification:

Responsible Guest agrees that Ocean Blue is not a handicap accessible property. Responsible Guest agrees to indemnify and hold harmless Sembrose against all loss, damage, expense, and penalty arising from any action of the Responsible Guest or visitors of the Responsible Guest which causes injury or death to any person or damage to any property. Responsible Guest agrees to indemnify and hold harmless the property owner and Sembrose, its agents, their employees and all their representatives from claims, suits or damages of any kind including personal injury arising out of or related to: (a) any acts or omissions of Responsible Guest or their guests or invitees, (b) Responsible Guest’s occupancy of the property including damages or losses arising from Sembrose, their employees' and all their representatives' negligence or gross negligence, (c) theft of, or damage to the personal property of the Responsible Guest or their guests or invitees, personal property, (d) any damages or losses relating to fire, acts of God, criminal acts, acts of the Sembrose's negligence or gross negligence or failure thereof, or (e) the presence mold or hazardous materials. Under no circumstances shall Responsible Guest or their guests or invitees be entitled to recover consequential, incidental, or punitive damages from Sembrose, its employees, or their representatives. Responsible Guest is encouraged to secure the appropriate travel insurance and/or Responsible Guest's insurance.

Trash Collection. Cleaning and Departure:

(A) Due to a need to professionally clean the Property, Check-in and Check-out times are strictly enforced. If a Guest checks in before Arrival Date, an additional full day’s Rent will be charged, payable upon taking occupancy. Check-out after 11:00 a.m. on Departure Day without prior written approval and payment of additional fee will incur an additional full day’s Rent, which will be charged as Excess Damage Cost against the credit card on file.

(B) It is the responsibility of the Responsible Guest to leave the Property in reasonably clean condition and to remove all Responsible Guest's property upon Departure. Disposal of remaining food and drinks upon Departure is required. For opened drinks, please pour remaining liquid down the sink and leave the containers inside the property in trash bags. For opened foods, please leave them inside the property in trash bags.

(C) In preparation for Departure, Responsible Guest should clean all dishes (or run the dishwasher prior to leaving) and put trash and recycling into the appropriate bins near the lower entryway of the Property. If Sembrose's cleaning service is required to spend more than five (5) hours cleaning the Property or if a trip to the dump is required to haul away excess trash, an additional fee will be charged against the credit card on file at a rate of $50.00 per hour beyond the five (5) hours (plus applicable Dump Fees).

Guest List and Occupancy Limits:

Repairs and Maintenance:

(A) Repair and maintenance problems must be brought to Sembrose's attention within forty eight (48) hours of occupancy or occurrence, or Responsible Guest will be held liable for all

such damages or repairs. Sembrose will have forty-eight (48) hours from the time of notification by to cure any problems reported. Simply notifying Sembrose of a problem during the forty-eight (48) hour period does not entitle the guest to any refunds whatsoever, nor the right to terminate this agreement.

(B) Each property is cleaned prior to your arrival. If you feel certain areas were missed, please contact Sembrose within 12 hours of your arrival. This will allow Sembrose the opportunity to send the cleaner back to complete the cleaning process and provide proper corrective action in a timely and satisfactory manner.

No Refunds will be issued to guests as compensation for self-cleaning the area in question.

An Excess Damage Cost will be charged against the credit card on file up to thirty (30) days after the Departure Date, pending final invoices and Notice of Claim from Sembrose for additional fees incurred during the stay. This includes but is not limited to: beach towels, beach chairs, extra cleaning fee (if Responsible Guest leaves Ocean Blue messy or damaged, as above), or excessive gas or electric usage.

If You should discover necessary repairs or maintenance, please call and/or email your local office immediately. Do not wait to report it upon check-out. We will respond to your inquiries as soon as possible; however, no refunds will be given for repairs, maintenance issues, appliance failure or other circumstances. Sembrose will order repairs in a timely manner once notification is given by the Responsible Guest.

Responsible Guest agrees that Sembrose and its representatives shall not be liable for any losses or damages including incidental or consequential damages, caused by Sembrose's failure to perform repairs and maintain the property. No rental adjustments or reimbursements for any reason whatsoever will be made for repairs or maintenance or the malfunction of equipment or appliances.

By agreeing to this contract, Responsible Guest acknowledges they understand and accept the foregoing provision as outlined above.

Furnishings:

Do not rearrange the furniture, take any items outside that are part of the interior decor, move any furnishings from one room to another or move items into another unit. An additional fee will be charged to the Responsible Guest if Sembrose has to rearrange the furniture after your stay.

Management Access to Property During your Stay:

Sembrose employees or vendors may arrive unannounced to conduct regularly scheduled services such as trash removal, pest control or HVAC filter inspection. Such services will

require entry into the property for a brief period, even if you are away during their arrival. Pets:

Pets are not allowed at Ocean Blue. If guest(s) are discovered to have brought a pet, Responsible Guest hereby authorizes Sembrose to charge their card $1,000.00.

Casualty or Destruction:

Should the Ocean Blue be totally destroyed or rendered “uninhabitable” or “condemned” by a county or city by an Act of God (including, but not limited to, hurricanes, tornadoes, storms, snow, sandstorms, floods or fires), or by environmental disaster, or loss of utilities prior to occupancy by Responsible Guest, this Agreement may become null and void, and all payments made hereunder may be refunded to Responsible Guest by Sembrose at Sembrose’s discretion.

See Additional Terms and Conditions outlined in Section (9) “Cancellations” hereinafter above.

Amenities. Construction, Exterior Noise. Pest Control, Internet:

Sembrose is not responsible for the noise from an adjacent property or the surrounding area. Any noise disturbance issues are expressly the responsibility of local law enforcement. No rental adjustments or refunds will be made as a result of any of the above conditions. In addition, Sembrose is not responsible for any construction next door to a property, across from a property, or near a property, including noise from construction equipment. No rental adjustments or refunds will be made as a result of these conditions. Ocean Blue at Moonlight Beach is treated on a regular basis for pest control. Sembrose is not responsible for pests in the property, and no rental adjustments or refunds will be made as a result of these conditions. Sembrose will make the effort to remediate the issues should they arise once we are notified, but is not responsible should the event occur. No rental adjustments or refunds will be made as a result of insect, reptile, or rodent conditions. In terms of utilities, including internet, no compensation or refunds will be made for outages of electricity, gas, water, or internet. If there are interruptions in service, please let us know, and we will work to restore your service as promptly as possible.

Pursuant to Encinitas City Ordinance, no outdoor activity is allowed beyond 10:00 p.m. This includes decks, porches, balconies, patios, or the hot tub area. You shall not violate any laws while occupying the property. Likewise, You, as the Responsible Guest, agree to inform and ensure that your Guests and Invitees follow the same rules and regulations that you agree to herewith

No Fires or Charcoal Barbeques:

Encinitas city code (9.38.050 sections O and P) forbid any wood burning fires, fire pits, bonfires, campfires, or charcoal barbeques at any vacation rental property.

Falsified Reservations:

Any reservation obtained under false pretense will be subject to forfeiture of Reservation Deposit and Final Balance, if paid, and such party will not be permitted to check in and/or will be subject to immediate eviction with the forfeiture of all amounts paid.

Succession. Assignment:

This Agreement is binding on, and the benefits inure to, the heirs and personal representatives of the parties. However, neither this Agreement nor any rights hereunder may be assigned (in whole or in part) by Guest.

Release/Additional Terms and Conditions:

The undersigned, guest, his/her heirs, assignors, executors, and administrators, fully releases and discharges Sembrose from any and ail claims, demands and causes of action by reason of any injury or whatever nature which may have occurred to the undersigned, or any of his/her occupants or guests as a result of, or in connection with the occupancy of the premises and agrees to hold Sembrose free and harmless of any and all claims or suits arising therefrom. In any action concerning the rights, duties, or liabilities of the parties to this agreement, their principals, agents, successors, or assignees, the prevailing party shall be entitled to recover reasonable attorney fees and costs.

Termination:

The Responsible Guest and all members of their party are subject to immediate eviction without refund if any term of this Agreement is violated. This includes but is not limited to: exceeding occupancy limits, bringing unauthorized pets, smoking or vaping on the property, violating quiet hours, etc. All rental fees paid will be forfeited.

If Responsible Guest or their guests or invitees violate the terms of this Agreement, Sembrose may terminate this Vacation Rental Agreement with no refunds. Sembrose has the right to inspect the premises without prior notice at any time to enforce the terms of this agreement. Should the Responsible Guest or their guests or invitees use the unit for any illegal or unlawful purpose including, but not limited to the possession, serving, or consumption of alcoholic beverages by persons less than 21 years of age, or use of common areas in a manner contrary to the provisions of this agreement, or the rules of the homeowner’s association, the rental period shall be terminated immediately with no refunds. Sembrose and/or its agent may enter

the premises and remove Responsible Guest or their guests or invitees, and their belongings. Responsible Guest is notified that all individuals occupying the Unit will be subject to immediate eviction procedures under applicable California law.

Voluntary Eviction Notice:

By agreeing to this contract, you acknowledge and accept the following terms:

Possession or distribution of illegal substances

Public intoxication or unsafe behavior

Use of profane or abusive language

Lewd, obscene, or sexually explicit conduct

Physical violence, threats, or aggressive behavior

Causing a disturbance that affects neighbors or the reputation of Ocean Blue Hosting unauthorized guests on the property

Refusal to vacate at the scheduled check-out time

Any other violation of the terms of this Agreement

I understand that I agree to the owners/management of Ocean Blue have the right to evict me should I violate any of the following as described below.

Fireplace:

Ocean Blue is equipped with a gas fireplace. Be certain to open the glass doors on the fireplace before starting the fireplace; failure to do so may crack the glass. Keep spark screens in place at all times. Responsible Guest agrees not to leave a fire unattended. Responsible Guest agrees that use of the fireplace is at their own risk; any damages or injuries to Responsible Guest or their guests or invitees that result from such use are not the responsibility of the Sembrose. Responsible Guest further agrees that any such damages and/or injuries are the sole responsibility of the Responsible Guest and at your own risk.

DO NOT PUT WOOD ON OR OTHER ITEMS IN THE GAS LOG FIREPLACE. A charge will be assessed for any damage done by misuse of the fireplace. Environmental Conditions and Disclaimer

The Responsible Guest acknowledges that this is a residential property and not a medically sanitized environment. Sembrose LLC is not qualified to detect or evaluate potential environmental conditions that may cause sensitivity, allergy, illness, or injury. If the Responsible Guest suspects such a condition exists, they are required to notify Sembrose promptly. For all

emergencies, call 911 first. The Responsible Guest waives any claims for damages or liability related to unknown environmental conditions in or near the property.

By agreeing to this contract, Guest confirms they have carefully read, understood, and accepted all provisions outlined in this agreement.