(This is not a contract. You will be sent a contract after your booking has been confirmed by one of our staff members)
Terms & Conditions
1. Reservations. One half of the total booking amount is required immediately to hold Occupant reservation including any
security deposit. After the deposit is received, your reservation will be held until 60 days prior to check in, at which time, the
remaining balance is due. Please note the date that final monies are due, as there will be no further notification provided by this
office. Allow ample time for your payment to reach NBVP in a timely manner. NBVP shall not be obligated to honor any
payments received less than 60 days prior to the beginning of the rental term/check in. All times are Pacific Standard Time and
currency is in USD. Reservations will be held for seven (7) days. If signed rental agreement and deposit are not received within a
seven (7) day period from the date of the Tenant's signature, the reservation will be cancelled.
2. Deposit. A deposit totaling 50% of the agreed upon total stay amount is due with acceptance of rental agreement. Payment
of deposit shall be deemed as acceptance of this rental agreement. Payment may be made by a major credit card or wire transfer.
3. Cancellations. Cancellations must be made in writing, either via fax or email, no cancellations by phone are allowed. Upon
cancellation, refund of any deposits held by NBVP shall be granted only if the home is re-rented. We will make every effort to
re-rent the home once notification of cancellation has been made; therefore it is in the guest’s best interest to notify us of a
cancellation as soon as possible. If the Occupant cancels the rental, the Occupant shall forfeit all rental deposits held by NBVP
as liquidated damages for the Owner, unless the rental premises are re-let for the same rental period. Then a portion of the
deposits may be refunded to the Occupants as follows: (1) a 15% (of the total rent due from the 1st page of this contract)
reservation cancellation fee shall be deducted; (2) loss of rental income, if any, for the rental period shall be deducted from the
deposits. [Example: house rental rate of $1,000 with a $500.00 deposit being held, which is re-let for $900.00 for the rental
period, results in a $250.00 refund of the deposit. From the $500.00 deposit, deductions of $100.00 (loss of rental income) and
$150.00 (cancellation fee) are taken resulting in a total refund of $250.00]. If you have purchased travel insurance, please refer to
their guidelines regarding coverage on cancellations. There will be no refunds for early departure.
4. Changes to Reservations. Changes must be made in writing, either via e-mail or fax. Changes can also be made by phone
with a follow-up in writing by Occupant. Changes to reservations can only be made up to 60 days prior to the beginning of the
rental term/check in. Any change to a reservation regarding a change of date for the same property can be made over the phone
and a new contract will be sent out for the new date(s). Any change request for a different property is subject to approval,
availability and possible penalties and a new deposit will be needed if for a new property (See Section 1). The previous deposit
will be held until the first property is re-rented. Any reservation change request where the first property is not re-rented shall be
deemed a cancellation per paragraph 2.
5. Nature of Accommodations. Homes offered for rental are individually owned and reflect the taste of each owner. Homes
are equipped with basic housekeeping items, including bed linens and bath towel sets. Every effort has been made to assure
accurate descriptions of the property. Occupant agrees to accept home in its current condition and understands that there will be
no refunds or reductions of rental rate due to issues involving the nature of accommodations. No rebates will be granted for
malfunction or breakdown of appliances or home equipment, including but not limited to, microwaves, toasters, coffeemakers,
dishwashers, washer/dryers, refrigerators, Jacuzzis/Spas, aquariums, televisions, home audio, DVD players, cable/satellite,
televisions, bikes, Stand Up Paddle Boards, Bodyboards, Surfboards, elevators, computers/modems/wireless routers/internet
access, HVAC (if any), garage doors and any construction happing to the home or neighborhing homes. All grievances must be
expressed to NBVP in writing on the day of check-in, otherwise refunds, if any, will not be considered.
6. Check-in and Checkout. Check-in time is after 4:00 PM on date of occupancy with no exceptions. Check-in address
will be at the property at 4:00PM on date of occupancy by SIGNEE AND MUST BE OVER THE AGE OF 26 WITH
PHOTO I.D. While every effort will be made to have the property available for check in at 4:00 pm, during the summer, a
cleaning crew may require additional cleaning time and check in may be slightly delayed. Occupant must vacate premises and
return all keys (if any) to Rental Office no later than 10 a.m. on check out date. Check-out after 10 a.m. will result in an
additional day charge. Occupants may not change or add any locks at the rented premises. Leaving the keys at the premises will
constitute a late check-out and result in an additional day charge.
7. True Representation of Occupancy. Newport Beach Vacation Properties manages homes that are privately owned and
operated. The owners who make their homes available through Newport Beach Vacation Properties request that they are
marketed and rented only to vacationing families. Reservations made for teenagers or young single groups will not be honored
without an accompanying adult staying in the property at ALL times. If Newport Beach Vacation Properties finds that Occupant
has made a false representation of occupants, or the sole occupants at the premises are under the age of 26, or that there are any
unsupervised minors at the premises, Occupant is subject to immediate termination of tenancy with no refund of rental monies.
Each home has a sleeping occupancy bed limit set by the owner. If Occupant exceeds this bed limit for any reason, Occupant will
be considered in violation of this rental agreement and will be charged a minimum fine of $200.00 per person per night. In
addition, occupancy limits for day usage for Occupant’s guests and invitees are limited to two (2) times the premises’ occupancy
or bed limit. If Occupant desires to exceed this limit for a specific purpose (family gathering or holiday celebration), Occupant
must put such request in writing with total number of guests specified.
8. Repairs/Maintenance Renter shall keep and maintain premises in a clean and sanitary condition at all times. NBVP will
pay for all normal and usual maintenance as needed. If appliances, electronics, etc malfunction, NBVP will attempt to fix and/or
replace items as soon as possible once notified by occupant. Ongoing property maintenance may take place during your stay.
Repairs will be accomplished as soon as possible, taking into consideration service personnel workloads, part availability and
nature of the work.
9. Entry and Inspection NBVP shall have the right to enter the premises: a) in case of emergency; b) to make necessary or
agreed repairs, decorations, alterations, improvement, supply necessary or agreed services, c) when Occupant has abandoned or
surrendered the premises. Except under (a) and (c), entry may not be made other than during normal business hours, and without
less than 24 hours prior notice to Occupant.
10. Pool & Spa NBVP is not responsible for any spa or pool related injuries that may occur (overheating, slipping, etc). All
spas/pools have electrical/mechanical components which can sometimes malfunction. NBVP is not responsible for any
malfunctioning heater. In the case that the heater does malfunction, please inform us as soon as possible. However, no
compensation will be given for malfunctioning spas/pools. Occupant agrees to secure spa cover after every use, as winds may
blow cover off and cause damage. THE RENTER ACKNOWLEDGES THAT BEACHES & SWIMMING POOLS AND
AREAS SURROUNDING THE SAME ARE INHERENTLY DANGEROUS AND CAN RESULT IN SERIOUS INJURY,
DROWNING, OR DEATH. Therefore, Occupant will assume this risk and exercise great caution when using the pool, outdoor
spa, pool area and beach. The renter hereby agrees to supervise children, non-swimmers and/or guests with physical or mental
limitations and all others using the pool, spa and/or pool area and beach and to take full responsibility for their
supervision. Occupant agrees to use the pool, spa, beach access and beach area entirely at the occupant's own initiative, risk and
responsibility.
11. Substitutions. Newport Beach Vacation Properties will make every effort to ensure the house selected will be available.
However, should the reserved house be unavailable, Newport Beach Vacation Properties may provide an equivalent substitute for
the same week. We will try to notify the Occupant in advance, time permitting. Should the substitute house’s regular rental rate
be less than the reserved house’s rental rate, Occupant will be refunded the difference. Should the substitute house’s regular
rental rate be more than the reserved house’s rental rate, there shall be no further charge or liability to Occupant.
12. Utilities. No compensation will be given for temporary outage of electricity, gas, water, cable, or telephone service. Outages
will be reported immediately to the correct authority and all efforts will be made to have them restored as soon as possible. For
certain properties, extra utility charges may apply.
Initials: (Contract.Initials)
13. Keys. Most of our properties are equipped with an electronic keyless entry with passcode. You will receive the password
and operation instructions the week prior to your arrival. If you are issued keys, lost keys are a $100 charge as well as for garage
door openers.
14. Security Deposit Refunds. For those properties which require a security deposit, such deposits will be returned by mail
within thirty days after checkout, less deduction, if any. The security deposit protects against damage done to the home, any
excessive required cleaning, any missing/damaged linens or towels, service calls and telephone calls by guests, any extra number
of guests not specified on page one of this agreement and any other extraordinary expenses that may have been incurred. This
paragraph does not apply to those properties which have a damage waiver charge.
15. Housekeeping/Turnover Fee. The housekeeping fee charged with each unit is a non-refundable charge that is applied to the
cleaning of every unit upon check-out and pays for a third-party professional sheet and towel service. Any heavy/deep cleaning
required above the standard cleaning charge will be deducted from the security deposit and will void the damage waiver
agreement (if any). All units include linens for each bed, including a set of towels for each listed/authorized occupant.
Please do not remove them or damage them in any way.
16. Assignment and Subletting. Occupant may not sublet or assign their rights with respect to the rental premises covered
herein without prior written consent of Newport Beach Vacation Properties. Violation of paragraph 16 will result in immediate
termination of occupancy with no refund.
Initials: (Contract.Initials)
17. Pets. No pets or animals shall be brought on the premises under any circumstances. No pets allowed, period. In the event
that the Occupant, their guests or invitees, brings an animal onto the premises, then the Occupant is subject to immediate eviction
with no refund of rental monies. Additionally, Occupant shall pay a $750.00 fine and any cleaning charges incurred and any
replacement costs or repairs for any damage caused to the carpets or personal property in the rental premises, as well as a defleaing charge.
18. Smoking. Smoking is not permitted anywhere inside the premises of the rental property. If Newport Beach Vacation
Properties finds that guests have smoked inside the rental premises, Occupant will be charged a $500.00 fine and shall pay any
and all cleaning charges incurred due to odors and for any replacement costs or repairs for any damage caused to the carpets or
personal property in the rental premises.
19. Lockouts. Lockouts after business hours will incur a $100.00 fee which is payable to the deliverer upon services rendered.
Payment must be in the form of a check or cash.
20. Telephones. Telephone/Phone Services are NOT provided in our homes. Homes which happen to include phone service will
have long distance blocks, which will not be removed and will require use of calling card to make long distance calls. Occupant
shall not charge or receive long distance calls to the owner’s phone through regular long distance calls, facsimile machines or
personal computers. Occupant shall be liable for the cost of any long distance/collect and or toll calls incurred by the owner, plus
a collection fee of $50.00.
21. Parking. Not all rentals have private parking. Where parking may be provided, such spaces or garages may NOT be
suitable for, or accommodate, trucks, campers, and/or Sport Utility Vehicles (SUV). Please ensure that your specific parking
requirements can be met prior to reserving your house. The Occupant, their guests or invitees, shall only park in the designated
parking areas on or about the rented premises for the particular rented premises. The Occupants, their guests or invitees, if any,
for the rented premises shall not block the garages, alleys or other parking stal of the property at any time. Violations of the
outlined parking for the rented unit will subject Occupant to towing or citation. Street parking is at Occupant’s own risk (READ
THE STREET SIGNS FOR STREET SWEEPING AND OTHER NOTIFICATIONS). Any violation given to the Occupant for
parking can be subjected to additional admin fine of $1,000.00.
22. Peaceful and Lawful Occupation. The Occupant, their guests and invitees, shall not disturb, annoy, endanger or interfere
with other occupants of the rented premises or the neighbors of the rented premises, nor shall the Occupant, their guests and
invitees, use the premises for any unlawful purposes, including but not limited to, using, manufacturing, selling, providing,
storing or transporting illicit drugs or other contraband, or violate any Federal, State or local law or ordinance, including, but not
limited to, the use of alcohol by minors or commit waste or a nuisance upon the rented premises. The Occupants shall be
responsible to pay any fines, assessments or charges imposed by any public authorities due to any violation(s) of any rules,
regulations, laws or ordinances by the Occupant, their guests or invitees. Should any Occupant, their guests and invitees, cause a
disturbance resulting in police action, this rental may be terminated immediately and no refund of rental monies shall be made.
23. Children and Property Risks Adults assume full responsibility for all children on unit premises. Risks include, but are not
limited to, swimming pools, spas, staircases, proximity of home to the beach (no lifeguards on duty), kitchen appliances,
electrical outlets, curtain cords, sliding doors, open windows, cleaning substances, balconies, railings etc. Newport Beach
Vacation Properties and the Property Owners are not responsible for these risks.
24. Fees and Fines. Occupant is responsible for the payment of following violation charges if applied by the City of Newport
Beach or Newport Beach Vacation Properties. The charge for a first call by the City of Newport Beach Police for any violation,
including a “Noise Violation” is $500.00. (City of Newport Beach Noise Ordinance begins at 10p.m.) For a second call by the
City of Newport Beach Police, $1000.00 in fines will be charged. If Occupant violates City code a third time, tenancy will be
immediately terminated and forfeit the rented premises, forfeit remaining balance, and pay any additional fees incurred to the
City of Newport Beach. If Occupant is cited, by the City of Newport Beach, for excessive and/or misplaced trash Occupant shall
pay to Newport Beach Vacation Properties a $250 fine. Any addtioal violations from the City of Newport Beach can be
subjected to an addtional $1000.00 fine for admin, encluding any parking violations or other.
25. Indemnification. Occupants acknowledge that neither the owner nor Newport Beach Vacation Properties are liable for any
injury, loss, nor damages caused to the Occupants, their guests or invitees or any of their personal property that is, or may be
caused by, any accident, event, fire, theft, or other casualty or cause during the rental period. Neither does owner accept any
liability for any inconveniences, damage, loss or injury arising from any temporary defects or stoppage in supply of water, gas,
cable service, electricity or plumbing, as well as due to weather conditions, natural disasters, acts of God, or other reasons beyond
its control. Occupant agrees to hold owner and Newport Beach Vacation Properties harmless from any cost, expense or damage
incurred by occupant as the result of Occupants use of the home including but not limited to fines imposed under Chapter 5.95
and 10.58 of the Newport Beach Municipal code (including parking tickets). The renter does hereby remise, release and forever
discharge the Property Owner, NBVP, successors, employees or representatives, officially or otherwise, from any and all claims,
demands, actions or causes of action, on account of the death or injury to the undersigned or any family members of the renter or
other tenants, permitees, beach users, pool users, guests or invitees arising from or in any way related or incidental to, the use of
the swimming pool or beach or surrounding grounds. The renter further agrees to indemnify and hold harmless the Owner,
property manager and rental agency, their respective agents, employees and representatives from any expenses, attorney’s fees or
damages of any kind or nature which may arise out of the use of the swimming pool or its surrounding area by any person during
the period of the undersigned’s stay.
26. No Liability for Personal Property. Neither the owner nor Newport Beach Vacation Properties shall be responsible for the
return of, or the value of, any items of personal property that are not removed from the rented premises at the termination of the
rental period by the Occupants, their guest or invitees. There is a $25.00 service fee for item recovery. In the event that any item
of Occupant’s personal property is recovered from the rented premises after the end of the rental period, the owner or Newport
Beach Vacation Properties shall be responsible to retain possession of such items for a period of thirty (30) days only after the
termination of the rental period, after which time the items shall be disposed of pursuant to California law.
27. Disclaimer/Limitation of Liability. The premises, all fixtures thereon, and all property on or around the premises is
provided “as is” without any warranties of any kind. Neither Newport Beach Vacation Rental Properties, nor the property owner
shall be responsible for any direct, indirect, consequential, or incidental damages arising out of or relating to this Rental
Agreement. The use of the premises is “at your own risk.”
Initials: (Contract.Initials)
28. Force Majeure. Factors outside our control, including but not limited to, construction, and any noise resulting there from,
caused by the City of Newport Beach or any other private contractor that may do work on city streets, alleyways, sidewalks,
parks, or any municipal property and/or private dwellings that may be
adjacent to, or near the rented premises, may impact directly or indirectly the subject premises. If such activity constitutes an
inability to access the rented premises, refer to paragraph 11.
29. Legal Disputes. This legal instrument may be pleaded as a complete defense to any action or other proceeding, which may
be brought, instituted or taken by the renter, the renter's family, other tenant invitees or pool users in breach of this instrument. If
any legal action or proceeding arising with respect to this rental agreement is brought by either party, the prevailing party shall be
entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable fees, costs, and
expenses incurred in the action or proceeding by the prevailing party. It is agreed that in the event of any legal dispute, the laws
of the State of California shall apply and Tenant hereby submits to the jurisdiction of said courts.
Please remember that you are renting a private home. Please treat it with the same care and respect you would want for your
own home.
BY SIGNING THIS AGREEMENT, I HEREBY AGREE AND UNDERSTAND ALL OF THE TERMS AND
CONDITIONS SET FORTH ABOVE AND ATTACHED HERETO.
1. RISKS OF EXPOSURE: The Coronavirus (COVID-19) pandemic is a worldwide risk to human
health. COVID-19 is highly contagious illness and can spread easily. While people of all ages are at risk
of catching COVID-19, persons with compromised immune systems and older persons are at particular
risk.
2. VISITOR ADVISORY: A. Visitors are advised that if you engage in any activities in violation of
any Government COVID-19 Directives, you are acting against the advice of the Company. Nothing
contained in this form shall be construed to allow an activity that is otherwise prohibited by any
law. Signer agrees to take all reasonable and necessary precautions to protect Signer and others from
the spread of COVID-19, including, but not limited to, the following (“Posted Rules of Entry”):
B. Following all Federal, State, and local laws, even though they may be changing rapidly;
C. Exercising care to protect yourself, and assessing your own risks, by considering your age, underlying
health conditions, recent travel, possible exposure to COVID-19, doctor's recommendations, and local,
State and Federal recommendations.
You agree and understand that it is your responsibility to evaluate the risks and protect yourself;
D. Washing your hands with soap and water or using hand sanitizer, immediately upon entry and before
touring or inspecting the Property. Remember to not touch your eyes, nose or mouth;
E. Wearing a protective face covering;
F. Practicing social distancing by keeping at least 6 feet between yourself and others.
G. Visitors/Guests of NBVP understand that booking a vacation rental during the COVID-19 pandemic is
undertaken at their own risk. In consideration of vacation rental industry standards, and city regulations
or laws, as long as vacation rentals are allowed to remain operable, NBVP will enforce all of its terms
and conditions hereby attached, understood, and agreed to by Visitors.
3. SIGNER ACKNOWLEDGMENTS:
A. Signer acknowledges that although all attempts to clean and disinfect the Property before and after
each stay, there is no guarantee that the cleaning removed any or all instances of the COVID-19 virus
that may have been present;
B. Signer can obtain online information about COVID-19 Directives from the California Departments of
Public Health (CDPH)
4. SIGNERS REPRESENTATIONS:
A. You understand that accessing a Property for any of the purposes above may be dangerous or unsafe
and could expose you or others to COVID-19 and that you are conducting those activities voluntarily.
B. You represent that:
(1)To the best of your knowledge, you are not currently afflicted with, and have not knowingly, within
the last 14 days, been in contact with someone afflicted with, COVID-19;
(2) You are not experiencing a fever, or signs of respiratory illness such as cough, shortness of breath or
difficulty breathing, or other COVID-19 symptoms; and
(3) You understand that persons may be afflicted with COVID-19 and: (i) not exhibit symptoms, (ii) not
be aware that they are afflicted or (iii) may not voluntarily agree to disclose their condition.
C. You will inform Company if, after the date this document is signed, there is a change in your health
condition or knowledge that potentially puts others at risk or invalidates the representations made in
this document.
Signer's Initials
( (Contract.Initials) )
5. ACCOMPANYING MINORS: Adult Signers acknowledge and agree that all Property entrant rules,
Signer acknowledgments and Signer representations apply with the same force and effect to any
accompanying minors as they do to Signer. Signer is responsible for their care, safety, and conduct in
the Property. Any accompanying minors shall be identified in Associated Vacation Rental Agreement.
6. AGREEMENT, DECLARATION AND ASSUMPTION OF RISK: By signing below, you are declaring the
foregoing is true, that you agree to take all recommended and reasonable actions to protect yourself
and others from exposure to COVID-19, and that you ASSUME THE RISK of staying at Property. You
understand and agree that no one, including but not limited to Company and agents, can guarantee
that you will not be exposed to or contract COVID-19.
By signing below, you, the Signer, the person staying at Property, acknowledge that you have read,
understand, voluntarily agree to the foregoing and will adhere to the Posted Rules For Entry, and have
received a copy of this Coronavirus Property Rental Advisory and Declaration.