TERMS AND CONDITIONS

This rental agreement is between the RENTER or GUEST and La vita bella, Inc. dba Bella Vista Mariposa or RENTER. Bella Vista Mariposa is the management entity that operates this unit on the first level located at 2832 E. Westfall Road, Mariposa, CA 95338. SHARED LIVING ENVIRONMENT

Relationship of the parties: It is specifically agreed and understood that the relationship between the parties herein shall be deemed to be of proprietor and lodger or Guest/Renter as opposed to a relationship of landlord/tenant. Guest/Renter specifically waives and make inapplicable to this lodging provision of California Civil Code Section entitled “Hiring of Real Property” as set forth in CC 1940-1945 et seq., and further specifically waives and makes inapplicable CCP 1159 re: forcible entry. NO GUEST IS ALLOWED TO STAY "OVERNIGHT" IN THE HOME WITHOUT THE RENTOR PRESENT.

The property will be ready for occupancy and this lease begins at 4:00 PM PST on the beginning date of the lease. Occasionally the cleaning staff may need additional time in order to ready the home for your stay. We ask for your patience and suggest you have alternate plans available in the event additional time is needed. Please do not interrupt or delay the cleaning staff if they are at the house. Let us know immediately if the unit has not been properly cleaned. There is a $50.00 per half hour charge for arriving early or departing late after two hours of late departure or early arrival, you will be charged an additional night. There are NO EARLY CHECK-INS AND NO LATE DEPARTURES. Absolutely no exceptions. There is zero tolerance for harassing our housekeepers. If you arrive early and are asked to leave and refuse; the sheriff will be called and this lease will be cancelled.

Check-out Time: At or before 11:00 AM PST on the ending date of the rental agreement. Because of the nature of this business (short term recreational rentals), Renter understands, and is hereby put on notice that any unauthorized “holding over” of the property past the stated rental period could severely jeopardize the OWNERS and AGENCIES business and cause loss of rental income from other previously booked renters, temporary and/or permanent loss of business, goodwill and reputation and among other things could force OWNER and AGENCY to breach an agreement with similar short term recreational renter(s) who may have reservations during RENTERS unauthorized ‘holding over” period. RENTER should be aware that unauthorized “holding over” has been construed as a factor in establishing “malicious continuing occupation” of rental property, which may entitle OWNER and MANAGEMENT COMPANY to treble damage in any unlawful detained action. RENTER also recognizes the unauthorized “holding over” could be grounds in court as a cause of action for intentionally interfering with OWNER’S and MANAGEMENT COMPANY’S prospective business advantage. RENTER agrees to pay the OWNER and MANAGEMENT COMPANY all the costs incurred as a result of any “holding over” including but not limited to, additional rent, loss of income from other renters, loss of goodwill, cost of litigation for breach of rental agreement with other renters. In addition, OWNER will charge $50.00 every half hour past 11AM on the day of check-out and the second hour you will be charged a rental amount of $175.00. Again, NO LATE CHECK OUT’S ARE PERMITTED.

CREDIT CARD AUTHORIZATION: I understand and consent to the use of the credit card provided without original signature on the charge slip, I understand that by “clicking the check boxes on the terms and conditions page of the rental agreement “that I HAVE READ THE TERMS AND CONDITIONS OF THIS PROPERTY, I am bound by this agreement and I have signed “electronically, and that this Credit Card Authorization cannot be revoked and will not terminate until 90 days after rental premises are vacated. The charges may be delayed or amended pursuant to the provisions of this agreement. Amendment of Charges may include but are not limited to: long distance telephone and TV charges.

Reservation/Security Deposit: We collect a 25% reservation deposit at time of reservation, $49.00 plus tax of that amount purchases Damage Protection Insurance (non-refundable) and the remainder becomes a first payment upon taking possession of the home. Damage Insurance does not cover theft or extraordinary cleaning. Please be sure to read the damage insurance protection information as to coverages. Additional and/or final Payment/the entire balance of rent and any other fees are due thirty (30) days before you arrive.

Accidental rental damage insurance: An insurance policy through Travel Guard. This provides $3000.00 in Accidental Damage coverage to this property. Please see the policy details that are on the booking page.

Damages: You are responsible for any and all damages that occur to the property or its contents by you or any other member of your group, individually or collectively, while you are the registered occupant of the property. This home has outdoor surveillance of the front door and driveway. Arrival and Departures may be verified!

Any damage noticed upon arrival should be reported to the property manager immediately by email or by calling 951-663-4171 and leave a voicemail as all messages are digitally documented and unalterable. In an emergency, you may seek out the property managers on the first level. If damage is not reported within two (2) hours upon arrival, your credit card may be charged for the cost of the repair. All general maintenance should also be reported so the property may be kept in good repair.

House Rules:

1. a) No damage is done to the home or its contents, including linens.
2. b) No items are removed from the home or are missing upon the inventory check. All towels, pillows and linens must remain at the home.
3. c) All debris, garbage and discards are placed in outdoor trash cans.
4. d) Soiled/dirty dishes are placed in the dishwasher, use DISHWASHER DETERGENT ONLY and start the dishwasher.
5. e) There is no sign of unauthorized pets Pets are never allowed to be left unattended at any of the homes in which they are allowed but must be crated if left alone. No dogs under the age of two (2) are allowed, no cats are allowed, the lease will immediately terminate upon this violation.
6. f) Shams or decorative throw pillows on beds must NOT BE USED. Extraordinary cleaning fee will be applied as above.
7. g) The lease may be terminated if stated/paid occupancy is exceeded and your party may be asked to leave. Unauthorized Guests are considered to be illegally trespassing. Renter/Guest WILL allow local authorities in the home.
8. h) There is no evidence of smoking in the home and cigarette butts are not left on the decks, in the yard, etc. There is a $350.00 fee for smoking in any of the properties.
9. i) Cable and WiFi are provided FREE of charge but not guaranteed. Any tampering with the modem will result in a $50.00 charge.
10. j) Unauthorized use of the hot tub by children will result in a $150.00 fee for draining. Urination or foreign substances in the hot tub will result in a draining fee as the water is tested and treated between each guest.
11. k) All remote controls to Televisions, DVR’s, DVD Players, Lighting/Fans and/or Direct TV are left in each room and no damage is done to electronics
12. l) All movies are returned to their cases and left in the top right drawer—middle section below the video library. Telephone amenity is for out-going calls only!
13. m) Prior to vacating the home,renter is responsible to ensure all dishes and cookware are clean and put away and return any furniture that was moved to its original position. Beds should be “stripped” of sheets and pillow cases only, towels should be piled and left on the master bedroom floor for the upper level and the kitchen floor for the main level when you leave the home.
14. n) Allunauthorizedguests or pets will be charged at a rate of $50.00 per person, per night . There are no exceptions, we must know who is staying in the homes. Definition "unauthorized guest" any extra person/dog that has failed to be disclosed prior to arrival, this is considered illegal trespassing, violation of this agreement/condition gives owners/managers permission to allow local authorities to enter the home. If lessee was not charged for all guests as part of a discount or special and violates this provision, all guests as part of original inquiry will be charged. Tampering with outdoor surveillance will result in a $200.00 fee, we must know who is occupying the home in the event of an emergency.
15. o) BEER PONG OR ANY ALCOHOLIC GAME IS NOT ALLOWED! A $200.00 cleaning fee will be assessed and a warning given. This constitutes grounds forimmediate eviction. It is not allowed under any circumstance.
16. p) No firearms allowed on the property, including archery. No hunting, harm or killing of any wildlife or animals unless they pose imminent danger. Please call 911

Other terms and conditions:

1. I (We) will observe all terms and conditions of this agreement and will conduct ourselves in a manner inoffensive to neighbors, owners on the lower level or other guests. NO GUEST IS ALLOWED TO STAY "OVERNIGHT" IN THE HOME WITHOUT THE RENTOR PRESENT. No exceptions! Registration of all guests is required prior to arrival. First, last name and age.
2. Falsified Reservations– Any reservation obtained under false pretense will be subject to forfeiture of rental money and the party will not be permitted to check-in or the party will be evicted with loss of all funds.
3. I (We) understand if we violate any of the terms of this agreement will immediately be denied occupancy and shall remedy any damages or other expenses, which are caused by me/our guest. We reserve the right to refuse rental or to discontinue occupancy if in our judgment your occupancy of the unit is detrimental to the home.
4. I (We) and/or our 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. Mariposa Ordinance: Quiet hours are between 10:00pm and 8:00am.
5. Any RENTER/GUEST or their guests agrees that any person who is found using drugs or allows others to use drugs on the premises will be immediately denied continued occupancy at these premises. Legal marijuana use must have verification.
6. OWNER/PROPERTY MANAGER cannot guarantee air conditioners, televisions, appliances, etc. No refund or rate adjustment will be made for mechanical failures. In case of breakdown, OWNER/MANAGEMENT COMPANY will strive to repair it as soon as possible after being notified by you of the problem. Please report any problems to Bella Vista Mariposa @ 951-663-4171 or email at bellavistamariposa@hotmail.com. Please do not go down to the Property Manager's apartment on the first level. Please call or email and they will respond to you. All voice-mails are digitally secured and cannot be deleted all voice-mails are permanently date/time stamped and unalterable.
7. I (We) or our guests will not make any alterations to the home/property nor will bring any harm to the fruit or nut trees, gardens, flowers or chickens.
8. I (We) agree to indemnify and save Owner and Property Manager harmless from all liability, loss or damage arising from any nuisance or harm made or suffered on the rental premises by me, guests or invitees. Also, from any carelessness, neglect, or improper conduct of any persons entering, occupying or visiting the apartment or premises. We assume all risk in using the propane tanks utilized in heating the Barbeque and the outdoor heaters. We will ask for assistance if we do not know how to use them and will turn off the tank (s) after each use. Propane may be purchased online for $20.00 per tank fill. There is no compensation for temporary disruption of essential services of the property during the period the property is rented We understandASSUMPTION OF RISK as No lifeguard will be on duty for the hot tubs. Hot Tub is set to 104 F and is in a "locked" mode. Persons using the hot tub due to so at their own risk and the OWNER/PROPERTY MANAGER assume no responsibility for accident or injury caused by the spa. No one should be in the hot tub alone, pregnant women should not go in the hot tub nor should any children be allowed in the hot tub under any conditions. Doing so will be considered gross negligence. RENTER/GUEST should have hot tub covered when not in use, should not change the settings other than reduction of temperature and no fragrances are permitted. Renter to inspect Hot Tub upon arrival and call OWNER/PROPERTY MANAGER if it is not operating or clean. OWNER/PROPERTY will not be responsible to clean it during RENTERS stay, if children are permitted in the Hot Tub there will be a $150.00 fee applied. Under no circumstances will any of the rental money be refunded or returned because of the condition of the Hot Tub. Inspect it when you arrive to avoid any problems. In an emergency, you may go to the property managers apartment on the first level for assistance if they are present. There are three enclosed dogs on the property that will bark if you come to their enclosure and will also bark if there are bears or other animals in their vicinity. Please do not go down by the domesticated dogs in the enclosure and please beware of all wild animals. If you choose to go on walks, please bring a stick to ward off snakes and you do so at your own risk. This is a rural area!
9. This Agreement may not be assigned or the property sublet, and is for theRenter’s use only. NO GUEST IS ALLOWED TO STAY "OVERNIGHT" IN THE HOME WITHOUT THE RENTOR PRESENT. No changes to or changing of the locks of the house/premises are permitted. I (We) will not use premises as a location for amateur or professional film video without prior consent and arrangement with Owner/Property Manager.
10. All changes to number of guests or pets must be made in writing prior to the thirty (30) day time period preceding arrival. Changes made within thirty (30) days of arrival will have a $5.00 processing fee.
11. The home has had a commercial cooler and air conditioning unit added. The thermostat is set to 74 degrees and the systems will function as follows: A commercial cooler will run for the day time hours of 8:00am to 6:00 pm - As long as the windows are CLOSED in the home (except one window in the green room, which is left open 2 inches), it will remain comfortable. If the windows are left open, then the home will be warm when you return home from the park. Air conditioner will run between the hours of 6:01 PM to 7:59 AM to keep the home cool at night.
12. NO Weddings or Funerals allowed on this site. No exceptions.
13. This home may be mandated by Mariposa County to become a Bed and Breakfast in 2017. A notice will be sent to each guest that breakfast will be served daily and the home becomes a shared unit with the owners living on the first floor. If you have rented the entire home, only the owners will have access to make breakfast and tend to the needs of your guests. The living & dining room will be classified as a "shared" space.

Severe Weather/State of Emergency Declaration/Trip Insurance:

We do not refund rents or deposits lost due to cancelled or shortened stays because of weather, disaster and/or a state of emergency declared. Mountain roads can be curvy and steep. Gravel drives are maintained; however, we highly recommend four wheel drive vehicles and/or chains during the snow months. Even on pavement, chains are needed. Departures due to inclement weather, road conditions, outages or acts of God do not warrant refund of rent or deposit. In the event the owner decides to sell property, the deposit and/or paid rent would be refunded. At any time during the duration of this agreement the property is located and/or affected by a catastrophe, storm, power outage or a declared State of Emergency, the occupancy/control of the leased space of the property will revert completely and entirely from the renters to the owners. It is for the aforementioned items that we strongly recommend purchasing travel insurance, however this is optional.

CANCELLATION POLICY: If the renter cancels or the balance is not paid on time, the first payment will not be refunded. If renter pays payments toward stay, all payments are to be considered non-refundable. If the home re-books for the same period of time as the reservation, renter will receive 75% of the re-booking excluding fees.

If the remaining payment is not received at least four weeks before the trip starts, the booking will be automatically canceled.

Parking: You may park up to three (3) cars in our driveway. You may not park or store a boat or jet ski trailer in the driveway. No RV’s may be parked in the driveway or hooked up to the house. Do not park in the grass for any reason. You will be charged $200.00 per incident + the cost of the sprinkler system if damaged. Do not park under the carport, it is not included as part of the rental space.

Age Requirements: We do not rent to vacationing students or singles under 25 years of age unless accompanied by an adult guardian or parent.

MAXIMUM OCCUPANCY: The maximum number of persons permitted is limited to sixteen (13) for Bella Vista. VIOLATION OF THIS PROVISION SUBJECTS LESSEE TO SIGNIFICANT PENALTIES AS THIS IS A SHORT TERM VACATION RENTAL. No exceptions shall be permitted without prior written approval and additional fees as stated above will apply. Violation of maximum occupancy will result in immediate eviction with no refund of any monies paid.

Cleaning: No daily maid service is provided. A one-time set up of linens, bath towels, garbage liners and toilet paper are included. Vacuum cleaner, brooms, etc., are in the home should you need them. Do not remove towels or linens from house.

Other: The use of fireworks is prohibited on all of our vacation properties. Local City, County ordinances and fire code prohibit the use of fireworks. NO FIRES IN THE FIREPLACE DURING SUMMER MONTHS! This is a fireTwo Story Homes: All of our homes have stairs/balconies/decks or hot tub. All of these present an inherent danger. You are accepting full responsibility for the safety of renting parties and all guests; and agreeing to supervise children to ensure their safety. CHILDREN UNDER THE AGE OF 16 MUST BE SUPERVISED, these homes are in very rural areas with much wildlife. La vita bella, Inc., Bella Vista Mariposa or its Owners assumes no responsibility for any accident or injury in connection with such use.

Child Proofing: RENTER understands that no special efforts have been made to “childproof” this house, and accepts the risk or harm to any children we allow on the property. These risks are not limited to, but include access to Highway 49 and adjacent streets, ingestion of any chemicals or potentially harmful item located in or around the home.

Remedies: In the event of a default to the Rental Agreement, particularly, but not limited to Renters unauthorized “holding over” or those acts mentioned above in this agreement, and in addition to all other rights and remedies landlord may have at law, OWNER/PROPERTY MANAGER shall have the option, upon written notice or as the Law may hereinafter provide. OWNER/PROPERTY MANAGER may immediately re-enter and remove all persons and property from premises. In such an instance, the Rental Agreement will be terminated and OWNER/PROPERTY MANAGER shall be entitled to otherwise recover all damages allowable under the law. The Renter, as part of the considerations of this special rental, in recognition that this property is booked in advance by other renters throughout the year, hereby waives all claims for damages that might be caused by OWNER/PROPERTY MANAGER re-entry and taking possession of premises or removing or storing furniture and property as herein provided, and will hold OWNER/PROPERTY MANAGER harmless from loss, cost and damages occasioned thereof and no such re-entry shall be considered or construed to be a forcible entry as defined in the California Code of Civil Procedure or other similar statutory provisions. Further, if for any reason OWNER/PROPERTY MANAGER is unable to deliver possession of the premises to RENTER at the commencement of the term specified in the Rental Agreement, or if OWNER should decide to no longer rent the property, OWNER/PROPERTY MANAGER shall refund amounts paid by RENTER, but shall not be liable for any other damages caused thereby.

Attorneys Fee/Default: If any legal action or proceedings including, but not limited to default, non-payment of rent, or damages to OWNER/PROPERTY MANAGERS property arising out of or related to this Rental Agreement is brought by either party to this Rental Agreement,, the prevailing party shall be entitled to receive from the other party, in addition to all other relief that may be granted, the reasonable attorney’s fee, costs and expenses incurred in the action or proceedings by the prevailing party.

I (We) agree to enjoy ourselves, relax, and make wonderful memories!