Unless otherwise specified, the entity controlling the Site and the owner(s) of properties available through the Site are referred to herein as “we,” “us” or “our”. You, your party, and/or your guests are referred herein as “you”, or “your”.
You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and us. You are not authorized to use this Site unless you are at least 25 and able to enter into legally binding contracts. We do not knowingly collect the information of anyone under the age of 25.
1. PROPERTIES. These Terms apply to all properties available to be rented through the sites.
2. RESERVATION REQUIREMENTS
· You must be at least 25 years of age and able to enter legally binding contracts.
· To protect you from fraud, the credit card holder must present the credit card used
for the reservation and a valid photo identification card at check in.
· Five Hundred Dollars ($500.00) of the Total Rental Fee as noted in the Booking Confirmation must be paid in advance at the time of booking.
· Booking more than 7 days and less than 30 days, after the reservation $500, the balance is due 30 days before check in date.
· Booking more than 28 days, after the reservation $500, 50% of the balance is due 60 days before check in date. The remainder balance is due 30 days prior to check in date.
· Reservations made within 30 (30) calendar days prior to the arrival date must be PAID IN FULL.
· Failure to make payments as required in this section shall result in cancellation of the reservation.
3. CANCELLATION/REFUNDS. All cancellations must be submitted in writing. In the
event you provide written notice of cancellation no less than thirty (30) days prior to
the arrival date, you shall receive a full refund of payments after we deduct $75
cancellation fee. Cancellations made less than thirty (30) days prior to the scheduled
arrival date, or changes that result in a shortened stay, will result in NO REFUND of any
payments made by you to us.
4. CHECK-IN/CHECK-OUT. Normal Check-in time is after 4:00 PM on the arrival date
and Check-out time is prior to 11:00AM on the departure date. Every effort will be
made to have the property available for your check-in time but we cannot guarantee the
exact time of the occupancy. In the event you fail to vacate the property and return the
keys by 11:00 AM or in the event you return to the property without our consent after
turning in the keys and checking out, a fee equal to the rental rate for one (1) day will be
assessed to you at our sole discretion. NO early check-ins and NO late check-outs.
5. CLEANING FEES/RESPONSIBILITIES. There is no daily maid service. A Cleaning
Fee shall be charged for each reservation. Any required cleaning above and beyond the
non-refundable Cleaning Fee will be charged to you. The Cleaning Fee covers basic
“hotel-like” cleaning services. This includes laundry of all kitchen towels, bathroom
towels and bed linens, making of all beds, cleaning of all bathrooms, cleaning kitchen,
vacuuming and dusting. It is mandatory that all trash and debris be placed into trashcans,
either inside the property or in the large trashcans in the back patio or alley.
6. FEES INCLUDED IN RENTAL RATE. Rental Rates include one-time linen-towel setup and amenity fees.
7. NO SMOKING. Smoking is NOT PERMITTED inside ANY of our properties. Please
close doors and windows if you smoke near any our properties. Any smoke odor may result in additional Cleaning Fees.
8. PETS. Pets are permitted with PRIOR WRITTEN PERMISSION in Cottage 1
(218 3rd Street). NO PETS ARE ALLOWED under any circumstances in any of our other properties.
A pet security deposit may be required. Special rules must be followed:
· Pets are not allowed unless property owner has given prior approval in writing. Approval is dependent on the size and breed of the pets due to insurance prohibitions (our insurance carrier does not allow Dobermans, Rottweilers or Pitbulls or any related mixed breeds). If your pet is permitted, then you are responsible for all damages and/or liabilities associated with your pet on the premises. There is a minimum non-refundable pet fee of $50. An extra fee may be applied if there are excessive cleaning and/or repairs incurred from your pet.
· If you bring your pet without prior approval, we may request that you remove your pet from the premises. If you decide to leave with your pet prior to your scheduled departure date, the cleaning fees and rental fees already paid may become non-refundable.
· Pets must always be on a leash when outside;
· All pet waste must be immediately removed and put into trash cans;
· Excessive barking must be stopped by removal of the pet. Excessive barking will result in eviction of pet(s). Pet(s) will have to be boarded in kennel if they disturb the peace of other tenants.
· PETS ARE NOT ALLOWED ON FURNITURE OR BEDDING.
· Current vet certificates must be provided, as well as proof of a flea/tick preventative program.
· Excessive pet hair will incur an extra cleaning fee. You agree to indemnify and hold us harmless for any and all damages caused by your pet and/or caused by other pets on the property.
9. DAMAGE/REPLACEMENT CHARGES. In the event there is damage to the property
and/or its contents beyond normal wear and tear, you expressly acknowledge and agree
to be financially responsible. In the event, there is anything missing from the property
and/or its contents, you expressly acknowledge and agree to be financially responsible for
replacing the missing item. We will charge you the cost of repairing/replacing the
missing or damaged property and/or its contents. We will provide you with a copy of the
invoice(s) and/or receipt(s) to repair/replace the damage or missing item(s).
10. NOISE ORDINANCE RULES.
HB Cottages is required to do its best to ensure that all guests enjoy their vacation in a quiet and peaceful environment. Wild, noisy parties are prohibited. Please be respectful of your neighbors and keep the noise level down after 10 PM.
Excessive noise and/or disturbing the peace of other guests will result in eviction of the property. The cleaning fees and rental fees already paid will be non-refundable.
11. PAYMENT OF CHARGES. All charges accrued during your stay are to be paid prior
to departure EXCEPT for the Damage/Replacement Charges described in paragraph 9,
above. The Damage/Replacement Charges will be billed to you as soon as we receive
cost estimate(s), invoice(s), or receipt(s).
12. FURNISHINGS. All of our units are furnished. All equipment in units should be in
working order. We have made every effort to ensure you have a comfortable and
pleasant stay. Please report any inoperative equipment to us or the alternate emergency
contact number, if provided. We will make every reasonable effort to have the problem
corrected in a timely manner. Under no circumstances will there be a reduction of rent
for any inoperative equipment or systems including, but not limited to, sewer, gas,
electric, water, washer/dryer, televisions, internet access, microwave, refrigerator, stove,
toaster or other appliances.
13. TELEVISIONS. Bedrooms and living rooms come with flat screen televisions. Cable
channels are available; however, we cannot guarantee the availability of any program or
14. SUPPLIES PROVIDED. We will provide the following supplies for each guest: bath
towel, washcloth, beach towel. The cottage will be furnished with dish towels; hand
dishwashing liquid, hand soap, shampoo, conditioner, soap, paper towels, and toilet paper. For your convenience, trash bags and a small amount of kitchen staples, such as: sugar, powdered creamer, coffee, tea, may be provided. These items will not be replenished during your stay. In addition, a beach umbrella, beach bag, beach chairs, boogie boards, beach toys, and gas grill BBQ have also been provided. Please check bedroom closets, kitchen cabinets and garage for the above items.
15. LINENS/LAUNDRY. Prior to check-out, please place linens, including, but not limited
to, used sheets, pillowcases and all used bath and beach towels, in laundry room in
basket or hamper provided. No linens are to be lost or damaged.
16. KEYS. When checking into the home, a key to the back door will be left in a lock box
near the back door. The combination to the lock box will be provided at least 24 hours
in advance as long as all fees and agreements have been collected.
A set of house keys will be placed inside the cottage. When you arrive, please go directly to the unit you have reserved. Be sure to lock the door when you leave, and do not share keys with anyone not in your party.
For Cottage 1 (218 3rd Street), please make your way to the residential alley directly behind the cottages. The residential alley is accessible off of Olive or Walnut Street. You may go in through the back metal gate that will lead you to the back door.
For Cottage 2 (216 3rd Street) remember that the front of the cottage is not visible from 3rd Street, it is directly behind (214 3rd Street); this cottage can also be accessed through the residential alley off of Olive or Walnut Street, the back door and steps are visible from the alley.
Cottage 3 is easily accessible from 3rd St.
218 Walnut Unit A is located at Walnut and 3rd Street. Parking is in the parking lot adjacent to the building.
218 Walnut Unit B is located at Walnut and 3rd Street. Parking is in the parking lot adjacent to the building.
Please return the back door key to the lock box and the other keys to the key basket upon your departure. Due to security purposes, if all keys are not returned we will be left with no choice but to replace the locks and charge you any replacement fees.
If you have any questions, concerns or have any trouble making your way here, please feel free to call.
17. MAXIMUM OCCUPANCY: The maximum number of guests for the cottages is 6
persons, for the studio is 2 persons and the 3 bedrooms unit is 6 persons. A fee of $50.00
will be assessed per additional person beyond the maximum number of guests permitted
per night unless prior written consent was obtained at time of reservation.
18. TELEPHONE. NOT all properties are equipped with a telephone. Some properties do
NOT have phone service. If properties have phone service, local calls are free. You will
have to make all long distance calls with a calling card or cellular phone. If you charge long distance phone calls to our telephone, you will be liable for said charges plus a service charge of $___.00.
19. CARS/PARKING. Parking onsite is limited to two (2) vehicles for each unit. Please
DO NOT BLOCK ALLEY, or NEIGHBORS. Any illegally parked cars are subject to
towing, parking citations or fines is the sole responsibility of the vehicle owner.
20. LOCAL INFORMATION: A guest notebook shall be found in the living room with
driving instructions and phone numbers to local grocery stores, attractions and
emergency information such as the closest hospitals. If available, we would be happy to
assist you with your vacation plans or directions, please let us know how we may
help. Take advantage of “Surf City Nights” on Tuesdays, a sort of farmer’s market,
promenade with street performers taking place one block away on Main Street and
continuing indefinitely. Also, take advantage of the Farmer’s market/Fair that takes
place most Fridays, at Pier Plaza, near the pier, one block away from the cottages.
21. RIGHT OF ENTRY. You acknowledge and agree that we have the right to enter the
rental property to investigate disturbances, check occupancy, check for damage, to make
such repairs, alterations, or improvements thereto as we may deem appropriate. We will make every attempt to perform such repairs or maintenance at your convenience.
22. LIMITATION OF LIABILITY.
IN NO EVENT WILL WE BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE RELATED TO THE BUSINESS WE OPERATE ON THE SITE BY YOU OR ANY THIRD PARTY, (E) INTERACTION BETWEEN OUR SITE AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR SITE AND/OR (F) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US OR ANOTHER USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
23. INDEMNIFICATION AND RELEASE.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE US, OUR AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE.
YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HI S SETTLEMENT WITH THE DEBTOR.”
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY US IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY BREACH BY YOU OF THESE TERMS HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM.
YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS FOR ANY LIABILITIES, THEFT, DAMAGE, COST OR EXPENSE WHATSOEVER ARISING FROM OR RELATED TO ANY CLAIM OR LITIGATION WHICH MAY ARISE OUT OF OR IN CONNECTION WITH YOUR USE AND OCCUPANCY OF THE RENTAL PROPERTY OR CONTENTS THEREIN (E.G. ALL SUPPLIES PROVIDED INCLUDING, BUT NOT LIMITED TO BIKES, BOOGIE BOARDS, BEACH TOYS, ETC.) INCLUDING BUT NOT LIMITED TO ANY CLAIM OR LIABILITY FOR PERSONAL INJURY OR DAMAGE OR THEFT OF PROPERTY WHICH IS MADE, INCURRED OR SUSTAINED BY YOU OR ANY OF YOUR PARTY/GUESTS. THE TERMS “WE” AND “US” AS USED IN PARAGRAPH SHALL INCLUDE OUR HEIRS, SUCCESSORS IN INTEREST, ASSIGNS, EMPLOYEES, AGENTS, AND REPRESENTATIVES WHERE THE CONTEXT REQUIRES OR PERMITS. THE TERMS “YOU” AND “YOUR” AS USED IN THIS PARAGRAPH SHALL INCLUDE YOUR HEIRS, SUCCESSORS, ASSIGNS, GUESTS, INVITEES, REPRESENTATIVES AND OTHER PERSONS ON THE RENTAL PROPERTY DURING YOUR OCCUPANCY (WITHOUT REGARD TO WHETHER SUCH PERSONS HAVE AUTHORITY TO BE UPON THE RENTAL PROPERTY), WHERE THE CONTEXT REQUIRES OR PERMITS.
WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
24. DISPUTES. You irrevocably agree that these Terms shall be governed by and
interpreted in accordance with the laws of the State of California. Furthermore, you
irrevocably agree that venue and jurisdiction of any action regarding these Terms shall exist exclusively in the state and federal courts serving Orange County, California.
25. CHANGE TO THE SITE OR THESE TERMS. We may change, suspend or
discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or the entire Site without notice or liability.
This version of the Terms became effective on the date indicated and this version amends the version effective prior to such date. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time, with or without your consent, and you acknowledge and agree that your consent to any such amendment is not required. Notification of any amendment will be posted on the Site by the indication of the last amendment date and will be effective immediately. If you disagree with any amendment to these Terms, then your sole remedy is to discontinue your use of the Site
26. ENTIRE AGREEMENT. These Terms constitute the entire agreement between us and
you with respect to the matters set forth herein, and supersede any prior agreement
between us and you. Any exceptions or variations from these Terms must be approved
in writing by us.