CONTRACT AND WAIVER AGREEMENT

Part 1: Agreement

1. CANCELLATION POLICY:
If, after the execution and delivery of this Agreement and the payment of any sum pursuant hereto and less than 90 days prior to Occupancy, the Guest elects to terminate the right to occupy the Premises arising hereunder, the Rental Company shall be entitled to retain all prepaid rent as a cancellation fee unless the Premises are subsequently rented for all or any portion of the Term of Occupancy specified herein above. In such a case where the property is re-rented for the Term of Occupancy or a portion thereof, the Guest will receive a prorated refund, less a 10% administration fee. The same policies will apply to a request to change a date of booking after this contract has been executed.

2. PARTIES:
This Rental and Indemnity Agreement (Agreement) is made and entered into this {{CurrentLongDate}} by and between Cap Prive - Capricorne Travel Group (Rental Company) and {{GuestFirstName}} {{GuestLastName}} (Guest). The Rental Company and Guest are referred to herein individually as a party and collectively as the parties.

3. PREMISES:
The Rental Company hereby rents to Guest and Guest hereby rents from the Rental Company on the terms and conditions hereinafter set forth, that certain residence (Premises) known as {{PropertyID}}, located at {{PropertyAddress}} {{PropertyCity}}, {{PropertyState}}, {{PropertyZip}}.  Guest herein agrees that the following individuals will make up his/hers entire party, and that no additional Guests will occupy the Premises throughout the Term specified herein. If additional Guests are found to be occupying the Premises, the Rental Company will be entitled to additional damages and charges as provided below. Guest shall be jointly and severally liable and fully responsible for any and all damage to the villa and its contents during the Guest occupancy thereof.

4. TERM:
Guest will occupy the Premises for a term commencing {{ArrivalDate}} and ending on {{DepartureDate}}.  Guest agrees to vacate the Premises no later than 10 am on the last day set forth above (hereinafter the Term of Occupancy).

5. CHARGES:
Guest agrees to pay ${{TotalBalance}} in US funds as rent, which includes $99.00 in accidental damage insurance policy ($3,000 of coverage) and the Damage Deposit outlined in Section 6, for the use of the Premises during the Term of Occupancy. The total amount due will therefore be ${{TotalBalance}}.  Guest must sign and promptly return an executed copy of this Agreement together with the "Total Amount Due" i.e. ${{TotalBalance}} as set forth in this Contract and the Confirmation Letter. This Agreement shall not be deemed to commence unless and until the Rental Company shall have received such signed copy hereof together with payment of rent.

6. DAMAGE DEPOSIT:
Guest agrees to a refundable payment with the Rental Company in the sum of ${{SecurityDeposit}} as a damage deposit to cover accidental or non-accidental damage to the property during contracted term of occupancy. Note that the booking is confirmed, but the guest will not be able to occupy the property until this payment is received. Guests shall be liable for any and all damage to the physical condition of the villa or any of its contents during Guest's occupancy. Should these charges exceed the ${{SecurityDeposit}} damage deposit, the Guest will be presented with an invoice for all outstanding charges not covered by the amount of the ${{SecurityDeposit}} damage deposit. In any such event, Rental Company will provide Guest with an itemized statement outlining all costs and charges by regular mail or email to the mailing address or email address the Guest set forth in this Agreement. By signing this Agreement, the Guest hereby agrees to pay any and all such charges. Any unused portion of the Damage Deposit will be returned within 21 days of departure.
Part 2: Terms and conditions

7. SERVICES:
Some villas will have staff who is paid by the Owner and whose presence is required to maintain the villa in good condition and keep it functioning. This staff, which may include butlers, maids, gardeners, cooks, security, valets and cleaners will be provided at no additional charge and they are described in the services addendum attached hereto. Client may not terminate, fire, or deny access to these owner provided individuals. Some staff may be provided by Rental Company and these individuals and the nature of the services provided and the compensation will be paid for by the Guest as described in the attached Services Addendum. Their employment may be terminated by agreement between Guest and Rental Company. If the Guest has requested certain additional services to be provided by a certain third party vendors, which may or may not include input from the Rental Company. These third party vendors will be paid for as provided in the Services Addendum and their employment may be terminated at any time by Guest.

8. REPRESENTATIONS AND WAIVER OF LIABILITY:
Guest agrees to notify the Rental Company immediately if the villa is delivered in a condition other than as specified in the Contract and Waiver Agreement and on the Rental Listing. In the event any equipment or appliances in the villa shall cease to function property, the Rental Company agrees to make reasonable efforts to repair the same as quickly as possible but shall not be responsible for inconvenience or conditions resulting from temporary breakdowns. Guest and guest's invitees shall use the villa at their own risk. The Rental Company and the Owner shall not be responsible in any way for any injuries or losses sustained by Guest or any of Guest's invitees or the failure of appliances (including, but not limited to, hot tubs, swimming pools, and BBQs), furnishings, and any other equipment located at the villa, whether by malfunction, misuse, acts of God, natural occurrences, or otherwise. No warranties express or implied, as to the condition or fitness of the villa, any equipment or appliances located therein or any services provided to Guest, are made by the Rental Company other than such condition, fitness, equipment, appliances and services outlined in the Rental Listing. Guest and guest's invitees understand that the Rental Company is not the owner of the Premises but is merely acting as an accommodating party arranging for the use of Owner's Premises by the Guest. The Rental Company hereby represents and warrants to the Guest, however, that the Rental Company has been authorized by the Owner to enter into this Agreement and to allow the Guest to use and occupy the Premises as otherwise herein provided. Accordingly, except for the obligations specified herein, the Rental Company and The Owner cannot accept and the Guest hereby releases the Rental Company and The Owner from any and all responsibility or liability for personal injury, death, loss of mental or physical enjoyment, delay or inconvenience, damage to personal property or any other loss, cost or expense incurred by Guest or any other occupants of the Premises resulting from occurrences of any nature and the acts of all persons, including Guest, Guest's invitees and other occupants of the Premises during Guest's occupancy of the Premises or arising from any cause, including the condition of the Premises, accidents, intentional or negligent acts or omissions of the Guest, any invitees of the Guest, any other occupants of the Premises or any third parties and the Rental Company and The Owner shall not be liable to the Guest for any claims, losses, damages, costs or expenses, delays or changes in Guest's schedule or itinerary, acts or omissions of any third parties, exchange rate fluctuations, labor problems, economic changes, mechanical, climatic conditions, local laws, unexpected conditions, absence or loss of travel documents, passports, visas or health certificates by Guest or the lack of any special facilities, accommodations or services to persons with medical or health problems or physical disabilities or handicaps. The Guest signing this Agreement will be held responsible for all other parties and/or Guests of the Guest for compliance with this Agreement, with listed policies (including NO SMOKING AND NO PETS WITHOUT PRIOR APPROVAL), ordinances, rules and regulations and for any losses incurred by Owner or the Rental Company to the Property due to negligence or intentional acts. Guest hereby warrants that the Guest is not using this villa as a primary residence, but only as a short-term vacation villa and that Owner and Rental Company have the right to refuse to rent the villa to any party they deem inappropriate for the property for whatever reason, other than violation to any discrimination laws in effect in the jurisdiction where the villa is located, and Owner and Rental Company may deny access to any individual in Guest's party at Owner's and Rental Company's sole discretion for any purpose other than discrimination under the laws in the jurisdiction where the villa is located.

9. USE OF PREMISES:
The Premises shall be occupied only by those Guests specifically listed in Section 2 above and Addendum A below. No fraternities, school, civic or other non-family groups are allowed unless Owner grants prior approval. In no event shall Guest assign or sublet the Premises in whole or in part. Guest agrees not to have any kind of party, group, gathering, or other event attended by more than 16 people without prior consent of the Rental Company and the Owner. Tenant shall be obligated to pay a charge of $1,000.00 per unapproved event to be deducted from the Security Deposit. Furthermore, if Tenant stages an event attended by more than 16 people, Owner and Rental Company may evict Guest on the breach of this agreement, by means of expedited eviction under local law with no refund of any kind to Guest. Guest hereby acknowledges and grants specific permission to the Rental Company to enter premises at any time for inspection purposes should the Rental Company reasonably believe that Guest is causing or has caused any damage to the Premises.
10. LIABILITY AND INDEMNIFICATION:
In the event Owner is unable to make Premises available for any reason other than as described in this Agreement or a reasonable substitute as determined by the Rental Company and the Guest, Guest hereby agrees that Owner's and the Rental Company's sole liability as a result of this unavailability is to provide a full refund of all monies paid under this Agreement and Guest expressly acknowledges that in no event shall Owner or the Rental Company be held liable for any special or consequential damages which result from this unavailability. Guest also agrees to indemnify Owner and the Rental Company from and against liability for injury to Guest or any other person occupying or using the Premises resulting from any cause whatsoever including, but not limited to, injury sustained as a result of use of the home, spa, hot tub, sauna, whirlpool tub, pool, exercise equipment, elevator, consumption of alcohol, etc. except only such a personal injury caused by the grossly negligent or intentional acts of Owner or the Rental Company. Guest is encouraged to secure the appropriate travelers or vacation insurance and/or renter's insurance.

11. CASUALTY OR DESTRUCTION:
Should the Premises be destroyed or rendered uninhabitable by an Act of God (including, but not limited to, hurricanes, storms, floods or fires), or by environmental disaster, or loss of utilities prior to occupancy by Guest, this Agreement shall become null and void, and all payments made hereunder shall be refunded to Guest.

12. SHORT-TERM RENTAL:
It is expressly understood and agreed that this Agreement concerns a short-term vacation rental and is not a lease or other long term residential tenancy agreement. This Agreement is only for the licensed use of the Property for the stated Term. It creates no property rights in Guest and no rights to renewal or for recurring usage. This Agreement is also neither a Time-Share sale nor a Plan of Time-Share Development.

13. TERMINATION:
In the event Guest makes any misrepresentations to obtain a reservation then Company shall have the right to terminate this Agreement and will not permit Guest or any members of Guest's company to check in and, furthermore may use an expedited eviction procedure under local law to evict the Guest and any other parties and Guest shall forfeit all amounts paid as a result of violation of agreement. Company may terminate this agreement upon any breach of the terms herein.

14. ENTIRE AGREEMENT:
This Agreement and the Services Addendum shall constitute the entire agreement between the Guest and the Rental Company with respect to the subject matter hereof and supersedes any and all prior written or oral agreements or correspondence between the parties with respect thereto.

15. GOVERNING LAW:
Guest and the Rental Company agree that this Agreement shall be construed, interpreted and enforced in accordance with the laws of the State of California, and agree that jurisdiction and venue shall lie in the Superior Court of the County of San Diego, State of California, United States of America. All disputes arising therein except disputes resulting in eviction, which must necessarily be brought under local law in the jurisdiction where the villa is located shall be resolved in that jurisdiction. In the event a dispute arises regarding the interpretation or performance of the terms of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, in addition to other relief to which it is entitled. The relationship created herein is not one of Landlord and Tenant, whereby Guest will be occupying the villa as a primary residence on a long-term basis, but will be one of hospitality, innkeeper, hotel, or public lodging place laws shall apply to such relationship either under local laws of the jurisdiction where the villa is located or under the laws of the State of California.

16. MISCELLANEOUS:
This Agreement shall be binding upon all parties and their respective estates, heirs, successors and permitted assigns. This Agreement may be changed only by the written consent of all parties. This Agreement may not be assigned by either party without the written consent of the other. The judgment by any court of law that a particular section of this Agreement is illegal shall not affect the validity of the remaining provisions.

17. ADDITIONAL TERMS AND CONDITIONS:
There may be optional terms and conditions on this contract. 



 
 

Addendum A
Guest Responsibility Agreement

(No Smoking in Home and Pets on Approval only)
Guests shall be jointly and severally liable and otherwise fully responsible for any and all damage to the villa or any of its contents occurring during Guest's occupancy thereof.  This shall include, but is not limited to, intentional or unintentional removal of contents, damage from smokers and pets, willful or negligent acts resulting in damage, misuse of refuse containers, equipment and appliances located in the villa.
As a condition to rental of the villa, the Rental Company shall have the right to deduct from the Damage Deposit the costs of repairs or replacements of any and all damage to the villa or any personal property therein caused by the Guest or any occupant during Guest's occupancy of the villa, including replacements, extraordinary cleaning, service calls and all applicable local taxes.  
 
The Rental Company is hereby irrevocably granted the right to debit the Damage Deposit for any such costs.  Any fines or assessments levied against the owner of the villa as a result of Guest or Guest's invitees' noncompliance with established community association rules and regulations may also be deducted from the Guest's Damage Deposit, together with all costs and expenses incurred by the Rental Company in connection with the same.  Should these charges exceed the Damage Deposit, the Guest will be presented with an invoice for all outstanding charges not covered by the amount of the Damage Deposit.  In any such event, Rental Company will provide Guest with an itemized statement outlining all costs charged by regular mail to the mailing address of Guest set forth above.  By signing this Agreement, Guest hereby agrees to pay any and all such charges. 
Guest agrees to notify the Rental Company immediately if the villa is delivered in a condition other than as specified in the Rental and Indemnity Agreement and on the Rental Listing pursuant to which this Guest Responsibility Agreement is delivered.  In the event any equipment or appliances in the villa shall cease to function properly, the Rental Company agrees to make reasonable efforts to repair the same as quickly as possible but shall not be responsible for inconvenience or conditions resulting from temporary breakdowns. 
Guest and guest's invitees shall use the property at their own risk.  The Rental Company or The Owner shall not be liable or responsible in any way for any injuries or losses by Guest or any of Guest's invitees or the failure of appliances (including hot tubs, swimming pools and BBQ's), furnishings and any other equipment located at the property, whether by malfunction, misuse, acts of God, natural occurrences or otherwise.  No warranties express or implied, as to the condition or fitness of the property, any equipment or appliances located therein or any services provided to Guest, are made by The Rental Company other than such condition, fitness, equipment, appliances and services outlined in the Rental Listing.
The Rental Company has the right to refuse to rent to any party it deems inappropriate to the property for whatever reason.

We certify that all of the foregoing information is accurate and complete and hereby agree to all conditions listed above and those contained in the Rental and Waiver Indemnity Agreement.