Terms and Conditions of Rental and Use of Mission Vacation Services
Terms and Conditions of Rental
This agreement governs the rental of any property that has been listed on websites owned or controlled by Mission Vacation, Inc.. and La Jolla Investments & Management, Inc. (“Mission Vacation”), its affiliates, partners, subsidiaries and contracting parties.
Terms Applicable to All Reservations
- MISSION VACATION is not a property management company.
- MISSION VACATION operates websites and software applications that permits owners and managers of vacation rental properties (the “Properties” or “Property”) to list their Properties for rent on the Mission Vacation vacation rental system, an online real-time reservation system for managing properties, booking properties, and accepting credit card payment for properties (the “MISSION VACATION System”).
- MISSION VACATION uses a third-party merchant processing account to collect funds from reservations made online by renters who pay for a license to use the Property (“Licensee”). Any party that has made a reservation on the Mission Vacation System is a Licensee. By making a reservation the Mission Vacation System, Licensee’s have made a Rental Reservation with the owner or manager of the property (“Owner”), and are bound by the terms and conditions of this Agreement, the credit card processing agreement, and any supplemental terms that are provided by the owner or manager of the Property.
- MISSION VACATION is not responsible for disputes between the owners or managers of the Property and the Licensee. The agreement for rental of the Property is entirely between the Owner and the Licensee.
- The Mission Vacation System is subject to occasional technical issues, as well as user errors made by Property managers, Property owners and their agents and personnel, and that such errors in data entry, technical difficulties and the like do not entitle the Licensee to any right to claim that a mistaken rental price or other mistake or technical error is binding. As such, as set forth in this Agreement, Mission Vacation or the Owner may determine in good faith if a mistake or technical error has occurred and offer to cancel the Licensee’s Reservation or make alternative accommodations at the correct price or in a different Property if available in the sole discretion of the Owner.
- MISSION VACATION holds funds paid by the Licensee for seven (7) days from the date of the reservation. Once Mission Vacation releases the funds to the Owner, the Licensee agrees that he/she/it will NOT attempt to charge back for the Reservation because Mission Vacation will have already released the funds to the Owner.
- THE LICENSEE SPECIFICALLY AUTHORIZES Mission Vacation TO RELEASE ALL FUNDS CHARGED TO THE RENTERS CREDIT CARD TO THE OWNER OR MANAGER SEVEN DAYS AFTER THE RESERVATION HAS BEEN MADE, AND THE LICENSEE AGREES THAT ANY DISPUTE AFTER THAT DATE WILL BE MADE DIRECTLY WITH THE OWNER AND NOT AS A CHARGEBACK ON THE CREDIT CARD CHARGED BY PRS.
- The Licensee is offered travel insurance as part of the Reservation. The Licensee understands that no reservation can be cancelled once the Reservation has been made unless it is done within 24 hours of the booking. It is the Licensee’s responsibility to obtain travel insurance to insure against all of the risks that might prevent the Licensee from enjoying the Property for the time of the Reservation. Travel insurance is also available from third-party insurance companies for a reasonable fee, which permits the owner or manager of the Property to retain the funds from the reservation, and allows the Licensee to obtain reimbursement for the funds paid in the event of certain circumstances that prevent the Licensee from taking his/her/its vacation at the Property.
- As a Licensee, there is no grant of any rights of tenancy or other rights under real estate law other than a mere license, making the Renter removable by force or law enforcement without the need for any eviction or other proceeding under the laws of landlord/tenant law in the event of an overstay beyond the reservation dates, breach of this agreement, excessive noise or other reasonable justification for terminating the license.
Property Owner Terms of Rental
In consideration of the valuable consideration, the sufficiency of which is hereby acknowledged and the mutual promises contained herein, the Renter and the Owner agree as follows for the use by license of the Property and date(s) set forth in the email confirmation from Mission Vacation to the Renter.1. Check-in Time: Check-in begins at 3:00 PM, and ends at 4:00 PM, unless otherwise set forth in a direct communication by the Property owner or manager.2. Check-out time: Checkout is NO LATER than 10:00 AM on the departure date, unless otherwise set forth in a direct communication by the Property owner or manager.3. Reservation: Renter’s Reservation is paid in full upon placing a Reservation in the Mission Vacation System. Cancellation must be within 24 hours. Any dispute over the rental is entirely between the Renter and the Owner, and NOT with PRS, who is merely the operator of a website application that enables owners and managers to manage their rental property. RESERVATIONS MAY NOT BE MADE MORE THAN 13 MONTHS IN ADVANCE, EVEN IF THE SYSTEM PERMITS SUCH RESERVATIONS. SHOULD LICENSEE MAKE A RESERVATION MORE THAN 13 MONTHS IN ADVANCE, THE OWNER WILL HAVE THE RIGHT TO REVIEW AND REJECT ANY SUCH RESERVATION.4. Smoke Detectors: Licensees are required to reset all smoke detectors upon check-in and promptly report inoperative smoke detector(s) to the owner or manager.5. Property Inspections: All problems, including inadequate cleaning and damage, must be reported in writing to the Owner within 24 hours of check-in for prior guest to be held responsible. Owner reserves the right to enter premises at any time for the purpose of effecting necessary inspections, repairs or maintenance.6. Notification: It is Licensee’s sole responsibility to inspect the Property upon arrival. In addition to inspecting the smoke detectors, Licensee agrees to inspect the entire Property to ensure that it is free of hazards, and properly equipped. Many Properties are older structures. Most Properties are not equipped for the elderly or handicapped. Licensee assumes the entire risk of injuries arising from use of the Property. Licensee will ensure that the Property has a secure shower or bath tub mat, and that the Licensee takes reasonable measures to prevent slips in the bathroom, on staircases, steps, on balconies, and throughout the Property. Licensee agrees to take a higher degree of care in the use of the Property because of the age of the structures on the Property.7. Occupancy: The maximum number of occupants allowed in the Property is shown on your confirmation email. Children over the age of 3 are counted. Overcrowding or misrepresentation is grounds for immediate revocation of the license to the Property, and removal of Licensee without refund. The Licensee is the person who will occupy the Property. Parents may not book Properties for their children. The Licensee must be present at the Property for the time of the reservation, and take full responsibility for the Property. Small children are the responsibility of the Licensee. The Properties are generally older, and not necessarily “child safe.” Children should not roam free on balconies; climb on furniture; hang out of windows; or engage in other unsupervised activities. Some properties are not fit for children under certain ages due to expensive and/or delicate furnishings, and balconies with wide openings on the guard rail. Use is at Licensee’s and Licensee’s guests’ own risk. Licensee takes full responsibility for all lost or broken items, and any damages to the Property of any kind.8. Restrictions on Property Use: Licensees are prohibited from engaging in any unlawful activity or any other activity that constitutes a nuisance. Violation of this provision will result in immediate removal without refund, and licensee will be held liable for any damages to the Property, contents and grounds. Owners of the Properties only rent to legally and financially responsible persons over the age of 25 unless otherwise set forth in the separate terms of rental for a particular Property. No parties are permitted in any property unless confirmed by the owner or manager directly prior to arrival. Violators will be removed from the Property immediately, and prosecuted for damages and losses.9. Pets: No Pets are allowed on the Property at any time without the prior written consent of the owner specifically. Violation of the “no pets” stipulation is grounds for immediate removal without refund.10. Smoking is Prohibited: All Properties are nonsmoking properties and any form of smoking is prohibited inside the properties. Smoking in a property is grounds for removal, and if a property smell of smoke on your departure, your credit card on file will be charged for a service to be hired to remove the smoke smell.11. Personal Property Loss: Licensees are solely responsible for personal property left in or about the Property. Mission Sands shall not be held liable under any circumstances for any damages to, or loss of property, theft, vandalism, or the use of or injury of any kind.12. Chargebacks: Licensee will not attempt to chargeback any funds collected by Mission Vacation for the Reservation, but instead will seek reimbursement for any disputes directly with the owner or manager.13. Cancellations and Changes in Reservations: Cancellations made through Mission Vacation must be made within 24 hours of booking. This is intended to allow Mission Vacation to prevent being charged for a merchant processing fee, and to allow the Licensee to communicate a MISTAKE and receive a full refund. Cancellations made within seven (7) days may only be made with the consent of the Owner, prior to transferring the Reservation funds to the Owner, and subject to a fee of four percent (4%) to cover the merchant processing fees incurred by PRS. Any cancellation after seven (7) days must be entirely between the Owner and the Licensee, and not involve PRS, who will have released all funds to the owner or manager. It is the policy of Mission Vacation and the owners and managers of the Properties in the Mission Vacation System to NOT GIVE REFUNDS OR ACCEPT CANCELLATIONS FOR ANY REASON WHATSOEVER. The Licensee is expected to obtain travel insurance to enable the Licensee to obtain reimbursement for any unforeseen circumstances. The Properties in the Mission Vacation System are NOT hotel rooms, and the owners and managers of the properties will have turned away other rental opportunities from the moment that the Licensee has placed the Reservation. As such, neither PRS, nor the Owner of the Property can act as the insurer of the Licensee’s whims, contingencies, life circumstances, or unforeseen events that would prevent the Licensee from using the Property on the dates of the Reservation. Neither PRS, nor Owner give credit for early departures, changes of plan, or for inclement weather. The Licensee may have rented from a website that has a mark-up over the price that the Owner lists directly. Licensee may not cancel such reservation in an attempt to rent from the Owner directly at a lower price. Fees to affiliates for renting the Property to the Licensee through a website that marks-up the original property listing price are paid to the affiliate immediately and are not recoverable in the event of attempted cancellation.14. Subletting and Assignment: Licensee may not sublet, sublicense or otherwise grant any rights to the Property. Licensee may not assign the agreement without owner’s and/or manager’s prior written consent. Only the Licensee and his or her guests may occupy the Property, and the Licensee must physically occupy the Property and take responsibility for the compliance with this Agreement by the Licensee’s guests. The number of guests permitted is set forth on the web page for the Property, as designated by the Owner.15. Property Use: The Property may not be used for any activity in violation of local, state or federal laws, or state rules and regulations.16. Tenancy: The Licensee acknowledges that this is NOT a tenancy for the Property. The Property is not rented for more than 30 days, and is, where applicable, taxed and treated as a transient occupancy, akin to hotel accommodations. Landlord/tenant laws do not generally apply to the license granted herein, and the Licensee may be removed as a trespasser immediately upon termination of this license. The Property is rented on regular short term periods, and for a significantly higher rate than a non-vacation rental. Often a licensee is scheduled to begin a vacation in the Property on the same day as the check-out day of another prior licensee. If Licensee stays even one additional day, owner or manager would face significant logistical problems with the next licensee, including possible liability. As such, Licensee agrees to vacate immediately on the check-out day, at 10:00 a.m. Failure to do so will entitle owner or manager, in addition to all other remedies available to it, to: have Licensee ejected by law enforcement as trespasser; and to physically remove Licensee and all of Licensee’s possessions from the Property, for which Licensee hereby grants permission and consent; and obtain damages and injunctive relief against Licensee. In addition to any other remedies available to Mission Vacation or the Owner, the Licensee’s credit card will be charged for three times the nightly rate for any stay or attempt to stay in the Property beyond the day of checkout. In addition, the Licensee shall be liable for any damages that Mission Vacation or the Owner suffer as a result of any stay or attempt to stay in the Property beyond the day of checkout. These remedies are in addition to all other remedies available to the Owner or PRS, and are not intended to limit the remedies available to the Owner or PRS.17. Security Deposit: In lieu of a cash deposit, the Owner has authorized Mission Vacation to add a damage waiver insurance policy of $1,500 (or in some cases $3,000 for a higher fee if required by a property owner). By completing this Agreement, Licensee is agreeing to be bound by the terms of the damage waiver policy, which will be emailed to the Licensee, and which Licensee may view and agree to as part of the completion of the online reservation for the Property. Should damage occur to the Property during your stay, the damage insurance will first be tendered a claim. Should the insurance deny coverage, or should damage exceed the policy amount, the Licensee agrees to be liable for such damage and hereby grants consent for the Owner to charge Licensee’s credit card in any amount of actual damages to the Property arising from your use of the Property, as well as for missing items, excessive clean-up, and, if necessary, the cost incurred in removing you from the Property. Cleaning fees, which are added to the reservation, are optional in that the Licensee may choose to request of the owner a refund of the cleaning fee (which is paid by the owner or manager directly to the cleaning contractor) and hire its own cleaning service provided the Licensee provides a written contract with a licensed, bonded and insured cleaning service for the date of departure with a guarantee of cleaning being completed before 3:00 PM On the day of the Licensee’s departure and provided that the Property is delivered to the owner or manager in the exact condition that it was in when the Licensee arrived. Licensee must deliver a notice of intent to hire a separate cleaning service within seven (7) days of the date that the Licensee makes the reservation, and provide the owner with the exact name of the cleaning service, a contractor’s license, evidence of the company’s bond, and evidence of the company’s insurance, together with a statement from the cleaning company that it has set aside time to clean the Property on the date of departure between the hours of 10:00 am and 2:00 PM. Failure to so notify the Owner will be deemed acceptance of the Owner’s cleaning service and the cleaning fees will be paid to that service accordingly.18. Attorney’s Fees; Disputes; Notice: If Mission Vacation or the Owner must consult legal counsel or a professional collection service, for collecting any amounts due to Mission Vacation and/or Owner under this Agreement, then Mission Vacation and/or Owner shall be entitled to all costs of litigation and/or collection from the Licensee, including attorney’s fees and costs. Should the Licensee chargeback through its credit card, the Licensee agrees that the courts of San Diego shall have jurisdiction over the dispute and that the Licensee agrees to personal jurisdiction of the courts of San Diego, California for purposes of resolving any dispute related to this Agreement or any credit card charge dispute. Licensee agrees that it may be served by email with any legal documents served in relation to a dispute arising under this agreement.19. Limitations on Rental: Mission Vacation and or Owner will not be liable for circumstances beyond their control, including but not limited to appliances or air-conditioning/heating failure, other mechanical failure, unfavorable weather, disruption of utility services including cable television, etc., or Acts of God. There will be no relocation, rental pro-ration or refund in the event of such circumstances. In the event the Owner is unable to deliver the Property to Licensee because of property sale, property owner decision, fire, mandatory evacuation, eminent domain or Acts of Nature, or if the property is unavailable because of construction delays or lack of utilities, technical error, or other good faith basis, Licensee agrees that Owner’s sole liability, as a result of any of these conditions, will be a full refund of all payments tendered by Licensee. Licensee agrees that in case of double booking or occupancy by Owner or Mission Vacation which prevents the use of the Property by the Licensee, Licensee will be ONLY entitled to a full refund of all monies previously tendered by Licensee. The Licensee understands that the Mission Vacation System is fallible and that owners, managers and their personnel may mistakenly fail to put a seasonal rate for a property, or fail to correctly enter minimum stay limits, pricing, additional fees, and the like. PRS, owner and manager have the right to make corrections to mistakes in price, length of stay requirements and any other change that is made in good faith or as a result of a mistake or technical error, and the Licensee will have the choice to accept the change or cancel the reservation and receive a full refund. However, Licensee does not have the right to view a mistake or technical error as “binding” on the owner, manager or PRS. Licensee expressly acknowledges that in no event will PRS, owner or manager be held liable for any other condition out of the control of PRS, manager, or owner, nor for any incidental or consequential damages, including but not limited to, expenses that result from moving, changing flights, cancelling flights or for any other losses.20. Indemnification: Licensee agrees to release and indemnify PRS, manager and owner from and against all liability should anyone be injured upon the premises during the term of occupancy, resulting from any cause whatsoever, except in the case of personal injury caused by willful gross negligence on the part of the owner or manager.21. Owner Changes: Every effort is made to ensure all information on the web site and other documentation is accurate and complete. However, Mission Vacation and Owner are not liable for errors, omissions, mistakes, price changes and any changes by the Owner in furnishings, equipment, bed arrangements and other accommodations.22. Relationship with Owners of Subject Property: It is hereby disclosed that Mission Vacation has a contractual relationship with the owner or manager of the Property. This contractual relationship employs Mission Vacation to forward Licensee information to the owner or manager. All rentals are subject to confirmation by Owner. Licensee agrees that Mission Vacation will not be liable for damages caused by decision or any conduct of the Owner.23. Effective Date: Not withstanding any thing to the contrary, this Agreement is binding and effective when no signature is required, and Licensee’s affirmative assent to the terms is expressed by Licensee’s reservation of the property through the website. If Licensee desires to terminate this agreement due to lack of assent, he/she must do so with in twenty four hours of the date the reservation was made.24. Governing Law: The terms and conditions stated herein will be interpreted by and governed under the laws of the State of California and any action arising out of this agreement shall be litigated in the city of San Diego, State of California.26. Invalid Provisions: If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by it’s severance hereof. Furthermore, in lieu of such illegal, invalid, or unenforceable provision there shall be added automatically as a part of the Agreement a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and still be legal, valid, or enforceable.27. Personal Property and Injury:A. Owner Insurance: Licensee or guests’ personal property, including vehicles, are not insured by Owner or, if applicable, HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner does not insure against personal injury to Licensee, guests or licensees due to any reason other than the condition of the Premises.B. Occupant Insurance: Owner recommends that Licensee carry or obtain insurance to protect Licensee, guests and licensees and their personal property from any loss or damage.C. Indemnity and Hold Harmless: Licensee agrees to indemnify, defend and hold harmless Owner, manager and Mission Vacation from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage or injury to Licensee, Licensee’s guests or licensees or their personal property.28. Mediation: Licensee agrees to mediate any dispute or claim arising out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved. Mediation shall not be required for eviction or removal of the Licensee from the Property, or any motion by Mission Vacation or Owner for injunctive relief, or a matter which, by its nature, requires immediate or expedited review.29. Waiver: The waiver by either party hereto of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of a subsequent breach of same provision by any party or of the breach of any other term or provisions of this Agreement.30. Headings: Headings of the paragraphs herein are used solely for convenience and shall not be used for interpretation or construing any word, clause, paragraph or provision of this Agreement.31. Entire Agreement: This Agreement, together with the Credit Card Processing Agreement and the Owner’s supplemental terms of rental sets forth the entire understanding of the parties and supersedes all prior agreements or understandings, whether written or oral, with respect to the subject matter hereof. No amendment or modification hereto shall be binding unless made in writing and signed by the parties hereto. We recommend you print a copy of this agreement for your records