Terms and Conditions - California
Terms & Conditions for California 2021
By making a reservation, you are entering into a rental contract with "Aunger Rentals LLC DBA, Aunger Vacation Homes" and therefore agree to and are bound by Aunger Vacation Homes Terms and Conditions: Known terms "The Property" means the home, house, or Property that has been booked via the reservation. "Guest or Guests" the person or persons that have made the booking or reservation.
1. Reservation Acceptance & Payment
• If the reservation is made more than 45 days before the scheduled arrival, a deposit is required.
• The final payment is due 45 days before the arrival date. The final payment will be billed to the credit card on file unless other payment arrangements have been made. Payment of the rental deposit sum to Aunger Vacation Homes will signify the full acceptance of these terms and conditions of rental.
2. Minimum Age of Guest Making the Reservation
• The Guest making the reservation must be 25 years of age or older, the holder of a major credit card and must be in resident or occupy the rental Property the entire term of the reservation.
• At no point should persons or minors under the age of 25 years old be left in The Property on their own alone. A responsible person identified in the rental reservation over 25 years old should always be present at The Property to be responsible for persons under the age of 25 years old.
• Guests cannot rent The Property on behalf of other guests or under the age of 25-year-old guests. There are no exceptions to this.
3. Falsified Reservations
• Any reservation obtained under false pretense will be subject to forfeiture of any payment, deposit, and/or rental money, and the Party will not be permitted to arrive/check-in. If already checked in, the Party will forfeit the reservation and will have to immediately vacate The Property.
4. Documents Required to Validate Reservation
• To validate the reservation, the Guest making the reservation must send to us by email all required documents listed below:
(a) Rental Agreement signed
(b) A legible copy of a driver's license
Both documents must be of the Guest making the reservation.
5. "Last Minute" Reservations
• The following will be required for reservations made within 30 days of arrival. These precautions may also be requested for any reservation regardless of the processed date.
• The Guest making the reservation must be 25 years of age or older and must occupy the rental Property the entire term of the reservation.
• The reservation must be in the same name as the name on the credit or debit card used for payment.
• The credit or debit card used is required to be shown at check-in.
• A valid driver's license or passport is required.
• A billing statement to the same address associated with the credit card must be presented.
In all instances, the name on all documents must match Name of Lead Guest on reservation making the payment, Name on Credit/Debit card used, Name on Photo ID, Name on Billing Statement.
6. Condition of The Property
• Aunger Vacation Homes has and will, to the best of their ability, to give an accurate description of The Property and its condition. Guests understands that it is considered as reserved "sight unseen." Our cleaning staff will have cleaned it before your occupancy. All electrical, plumbing, and appliances should be in working order. The failures of operation of certain extra amenities, such as TVs, cable, games, or the Internet and Wireless (Wi-Fi) service, are not a basis for any refund. Aunger Vacation Homes will make every effort to have these items repaired but does not guarantee that they will be repaired during Guest’s occupancy. When you arrive, if you find that the house has not been cleaned to normal standards, please notify Aunger Vacation Homes immediately. We will do our best to have relevant tradesmen attend to the problems. The team may not be able to fix everything over holidays and weekends. Under no circumstances will any of the rental money be refunded or returned because of the condition of the house. The Guest agrees to hold the Aunger Vacation Homes harmless from any liability for the condition of the house.
7. Arrival Check-in/ Departure Check-out Times
• Check-in time is any time after 4:00 PM, and check-out is promptly before 10:00 AM.
• There are no early check-ins or late check-outs permitted without prior consent. Early check-ins or late check-outs can be requested.
• All early check-ins or late check-outs are subject to no other reservations in The Property at the time of arrival/departure. As such, these will be tentatively booked and confirmed only within the last 72 hours before arrival. It is the Guest's responsibility to contact Aunger Vacation Homes within 72 hours of arrival to confirm availability. In the event a guest fails to depart from The Property by 10:00 AM with no late check-out arranged and results in Aunger Vacation Homes being unable to clean and prepare the rental Property for the next arriving Guest that day, the departing Guest agrees to pay damages and costs incurred by Aunger Vacation Homes; including but not limited to moving the incoming Guest to another rental property.
• Guest agrees that if they fail to vacate the Property by 10:00 AM on the check-out day, a late 25% of night rate will be charged by 12 PM, and 50% by 4 PM plus taxes will be charged after 20 minutes late. Time violation under penalty of extra charge. No refunds will be given for early departures or late arrivals.
8. Check-in Instructions
• The Property has an Electronic Smart Lock. The door code will be sent upon receipt of final payment and confirmation of receiving these terms and conditions and welcome guide. Check-in access codes will be generated and released four's hour prior to the Guest Arrival date
• The check-in procedure is completely electronic for Guest's convenience. Guests can go straight to the Property with the codes provided. No one will greet the Guest at the Property. Check-in will not be possible in person (unless to receive a security deposit). Everything needs to be done online prior.
9. Arrival Inspection and Pre-Existing Damage Report
• The Guest must notify Aunger Vacation Homes within twelve (12) hours of arrival if there is already any damage or notable conditions.
• The Guest is responsible for the cost of any damages sustained to The Property, décor, or its contents during the stay; this includes the moving of items to another property, breakages, and any excessive cleaning charges. Smoking and pets are not permitted on the Property, and any failure to adhere to this will result in a minimum $1000.00 (one thousand US Dollar) penalty charge.
10. Accidental Damage Protection (ADP)
• The accidental damage protection fee for each reservation is non-refundable and will cover reported accidental or inadvertent damages - these must be reported immediately in writing to Aunger Vacation Homes within 24 hours of the damage by email or handwritten letter.
• The accidental damage protection will become void upon departure; any unreported damage found by Aunger Vacation Homes will be the sole responsibility of the Guest who incurred the damage.
• The value of the damage protection is up to $3,000 for The Property. Intentional damage, theft, or gross negligence is not covered and will result in additional costs to the Guest. The plan is provided and administrated by Aunger Vacation Homes and is not an insurance policy.
11. Security Deposits
• A security deposit may be held for this Property for loss or damage caused to The Property and its contents. A security deposit may be required if the number of guests in the Property reaches a specific threshold relative to the size of The Property. The security deposit may be required after the initial reservation is made based on the number of guests in The Property. The security deposit will be fully refundable (within two weeks – 14 days of vacating The Property) after a satisfactory status report. Where there is no damage or breakage, the security deposit will be fully refunded to your card. The security deposit is paid by credit card with the final balance. Failure to pay a requested security deposit will lead to a cancellation of the reservation.
12. Additional Damages
• Should the Guest experience any new issue with the Rental Property during the stay, the Guest must contact Aunger Vacation Homes, who will make efforts to rectify the matter.
• Should a previously reported problem remain unresolved, the Guest is asked to notify Aunger Vacation Homes in writing within seven days of vacating the Rental Property. No action can be taken, or liability accepted for any complaints received after this period.
• The heating in any rental property should not be set above 75 Degrees Fahrenheit (25 Degrees Celsius) by the guests. Setting the temperature above 75 Degrees Fahrenheit may result in the system overheating. If this occurs, the heating will have to be turned off to allow the unit to cool. The Guest will have no heating during this time and will be responsible for the technician's call-out charges. Please keep all windows and doors closed.
• Included in the Aunger Vacation Homes' rental Property, there is a one-time departure cleaning fee.
• The cleaning is done after the departure of a guest from The Property. Please note that cleaning does not include regular dishes & cooking utensils that would be done during normal use of a self-catering vacation. If additional cleaning is required after you leave, it will be charged. Guest agrees to keep house, furniture, and furnishings clean and in good order at all times.
• Guest is aware and agrees that cleaning fee or any other additional cleaning that has been paid for does not include an excessive amount of trash that needs to be removed and damages or stain on the carpet and linen or any other furniture such as sofa, mattress, pillows that will need to be cleaned/removed or replaced.
• During the stay and at departure, all trash/garbage must be properly bagged and recycling, where available, properly broken down, and placed in the proper receptacles by the Guest. The type of receptacles, collection days, and further procedures will be provided before or during arrival and vary in each community.
• For bookings with more than 20 (twenty) days of stay, a cleaning service needs to be added on to the Guest's stay. Guest agrees to pay for the additional cleaning and allows the cleaning staff to have access to the Property. Time and date for the additional cleaning will be scheduled between Guest and Aunger Vacation Homes.
14. Property - Vacation Property Use General Terms & Conditions
• Guests are prohibited from using candles inside or outside of the house, including under any covered area and in the garage.
• Guests are prohibited from moving any furniture or any type in The Property. Moving of any furniture can result in damage to the walls, flooring, or the furniture itself. Guests found to be moving furniture will be charged for any damage caused.
• There is no daily maid service or mid-stay cleans unless the Guest chooses to pay for these additional services.
• Outside cooking equipment or appliances such as ovens & fridge freezers are not permitted to be taken to The Property. Bringing these items may cause damage to The Property, such as scratching walls & floors, grease spills & stains. As well as damage, additional equipment like this that The Property was not designed to accommodate can cause electrical issues. As trailers are not permitted by HOA rules, freezer trailers are not permitted.
• To provide a peaceful and positive experience, The Property may or may not have Smart Home technology installed. This proactive technology can help prevent problems before they arise. Smart Home technology can include remotely monitored air conditioning thermostats, remotely monitored door locks, remotely monitored pool heater controls, mobile device sensors, and noise measuring devices.
• Noise measuring devices measure decibel volume levels throughout The Property. Noise measuring devices are privacy compliant and do not collect or record any voice recordings or biometric data. For more information, you may visit noiseaware.io.
• Vacant lots next to The Property are not to be used for any type of purpose, including parking. The HOA may enforce the removal from the land of any guests found to be using adjoining land that does not belong to Aunger Vacation Homes.
• By state law, occupancy may not exceed what is posted for each rental Property. Maximum occupancy excludes children under three years of age. Only persons listed in this Rental Agreement are permitted to stay in the Rental Property.
• This occupancy will be in the form of a short-term vacation rental only and not constitute a permanent or primary residence or other tenancy.
• The reservation is accepted and confirmed only for the number of guests listed on the reservation and Rental Agreement. Aunger Vacation Homes reserves the right to cancel the reservation if additional guests are added without prior consent.
• The Guest and all members of the guests' booking agree not to use the Property for any illegal or commercial purpose, including subletting. The rental accommodations are only for the use of persons named on this agreement form. Subletting, sharing, assigning to other people is prohibited. Any change to persons on this agreement form after making the reservation must be reported to the Aunger Vacation Homes in writing for insurance purposes. The villa is self-catering. While the Aunger Vacation Homes provides a starter set of supplies, the Renter is responsible for purchasing additional supplies for the vacation home during the stay.
• The rental period will begin and end on the dates, as shown in the Rental Agreement. Failure to abide by these rules will render the reservation void, and all monies will be forfeited.
• The Rental Property is not to be used to host parties, events, or social/group gatherings. Only guests whose names are on the Rental Agreement are authorized to stay in the Rental Property. Any guest having an Event, Party or a social/group gathering in The Property or exceeding the numbers of authorized guests will be removed without refund. Additionally, if it is discovered upcoming guests are hosting a party, event, or social/group gathering in Aunger Vacation Homes' rental Property, Aunger Vacation Homes reserves the right to cancel the reservation prior to the Guest's stay, with recompense at Aunger Vacation Homes' judgment.
• No drug use in or near The Property. Guests are not allowed to use The Property for any immoral or unlawful purpose. Any guest who violates any law or ordinance will immediately terminate occupancy without a refund.
• Quiet time is strictly 10:00 PM Pacific Standard Time onwards: guests who do not comply and disrupt the peace and quiet, neighborhood complaints, or any violation of the rules and regulations is considered sufficient cause for immediate termination of the Guest's stay and will be required to vacate The Property without refund.
• Aunger Vacation Homes does not own adjoining properties. If a neighboring property is breaking the quiet time rules, please contact the neighborhood's security or the non-emergency line at the county sheriff's office.
• The Guest must abide by all community, city, county, and state parking rules and laws. Guests must follow posted street signs, particularly rules regarding parking, as some communities do not allow street parking overnight or require parking on a specific side of the street.
• Guests park vehicles at their own risk. Aunger Vacation Homes is not responsible for thefts or damages.
• This Rental Agreement may not be assigned, or The Property sublet. No locks may be broken, changed, or added; no property keys may be duplicated.
• The Property must not be used for amateur or professional videos without prior written consent.
• Aunger Vacation Homes' rental Property is for the purpose of vacations. No business may be registered to or operated from The Property by guests, whether on a permanent or temporary basis.
• The rental Property maintains a locked area (such as closets, safes, and garages) in The Property for the storage of their personal belongings. These locked areas are not intended for guest use and will not be accessible.
• RV Campers, enclosed trailers/tents are not allowed on or near The Property, as set forth by the individual community guidelines.
• Guests must agree and abide by all community and Homeowner Association rules for the community in which they are staying.
• All property descriptions given on the website(s) are made in good faith. Aunger Vacation Homes accepts no liability whatsoever for errors or omissions.
• Aunger Vacation Homes and/or it's representatives may enter The Property as reasonably necessary for protection or inspection; emergency; for maintenance, repairs or other services, viewing by prospective buyers, or; for any other emergency and with such notice as Aunger, in its sole discretion, deems appropriate.
• In all our destinations, Aunger Vacation Homes cannot accept any liability for disruption to your vacation caused by construction or building activities, including but not limited to the disruption caused by noise or dust. The Guest accepts that they will not be entitled to any refund or compensation because of any such disruption.
• Aunger Vacation Homes properties are also situated in residential areas where refurbishment work may be happening on a neighboring property over which we have no control. In most cases, we are not given prior notice of such work to neighboring properties.
• The Guest accepts that minor refurbishment and maintenance work carried out at a neighboring property will not affect the guests' vacation, and Aunger Vacation Homes will be under no obligation to offer the guest alternative accommodation in such circumstances.
15. Weddings Corporate Events, Groups or Gatherings
• Parties, Weddings, Corporate events, or any type of group gathering are strictly prohibited in all Aunger Vacation Homes properties unless prior permission has been granted. Violation of this rule will result in us being entitled to:
(a) evict the Guest from the villa with immediate effect (and in this event, the Guest will not be entitled to a refund); and/or
(b) invoice the Guest for the additional charge that would have been payable by the Guest had the Guest sought Aunger Vacation Homes prior permission to hold the event, and such permission had been granted. Such invoices shall be payable by you to us within 14 days of receipt.
16. No Smoking
• Without exception, The Property is strictly non-smoking in, around, or near The Property. Failure to comply with this will result in the removal of the Guest from The Property, without recompense or refund and the loss of the security deposit or a charge to the Guest's credit card if no security deposit is in place to cover the deep clean costs. The minimum fine for smoking is $1000.00 (one thousand US dollars)
17. No Illegal Drugs
• Under no circumstances shall any illegal drugs be brought on to or allowed on The Property. Guests understands that possession and use of any such substance are grounds for immediate eviction and forfeiture of payment. Guests further waives all rights to recourse against the Aunger Vacation Homes for enforcing this clause.
• Only legally owned and permitted firearms shall be allowed on the premises according to State and local laws. Firearms are at the Guest's risk only.
• Absolutely NO pets are allowed. Failure to comply with this will result in the removal of the Guest from The Property, without recompense or refund and the loss of the security deposit or a charge to the Guest's credit card if no security deposit is in place to cover the deep clean costs. The minimum fine for having pets is $500. plus, taxes per pet and Guest could be additionally charged for any pet stain or other damages caused by the pet. The rental contract will be terminated.
20. Service Animals
• Certified service animals are always welcome. It is not required, but it is helpful if Aunger Vacation Homes is notified of service animals in advance of check-in. Guest / Owner of the service dog or support pet MUST be responsible for the sanitary condition of the Property and damages.
• Fireworks and other hazardous materials shall not be used in or around The Property. Under California law, only, approved by the California Division of State Fire Marshal, are legal for consumer usage. It is illegal to use exploding and/or flying fireworks in California, which include shells and mortars, multiple tube devices, Roman candles, rockets, and firecrackers.
22. Utility or Service Outages
• Occasionally The Property could experience utilities or services outages that are beyond the control of Aunger Vacation Homes. Please report outages as each occurs. No refunds or compensation will be given for any outages that Aunger Vacation Homes have any control over.
23. Spa / Hot Tub & General Safety
• Aunger Vacation Homes cannot accept any responsibility for the guests' personal safety during their vacation. Guests are reminded to exercise care as to the personal safety of themselves and their companions. Use of the Spa / Hot Tub and any community pool, tennis court, and recreation area is entirely at the guests' own risk. It is particularly important that children are always supervised in and around the Spa / Hot Tub areas.
• No lifeguard is on duty, and the Spa / Hot Tub are used at the guests' own risk.
• Guests under 18 years of age must always be accompanied.
• Games, toys, baby furniture/equipment are used at the Guest's own risk. Young children must always be supervised.
• It is always the Guest's responsibility to supervise children. Children under a certain age should not be allowed to use features intended for adults such as gyms, saunas, etc., where they could potentially injure themselves. Children should not be allowed to use items intended for adults, such as billiard tables or other items where they could potentially cause damage.
• Aunger Vacation Homes has provided a complimentary outside physical barbecue grill free of charge, be aware that it is being used at the Guest's own risk. Guests will be held responsible for any damage caused by the use or misuse of the grill. Only use the grill in open, outdoor areas. The grill must not be used in any enclosed areas. Aunger Vacation Homes does not accept liability for equipment failure. It is the Guest's responsibility to clean and maintain the grill and replenish propane as required. There will be a minimum cleaning charge of $50 if the grill needs professional cleaning to enable use by the next Guest.
• If the Guest ever feels they may be in a life-threatening situation for any reason, the Guest is urged to call 9-1-1 immediately before calling Aunger Vacation Homes.
• It is nearly impossible for persons who have an allergy to peanut dust to avoid triggering a reaction if peanut dust is in the air. Aunger Vacation Homes is unable to guarantee a peanut-free or allergen-free Property. Aunger Vacation Homes cannot prevent previous guests from bringing peanuts or products containing peanuts into Aunger Vacation Homes' properties. In addition, Aunger Vacation Homes cannot give assurances that remnants of peanuts and/or peanut dust/oil will not remain anywhere in The Property.
• Aunger Vacation Homes cannot guarantee that a property will be free of other allergens such as perfumes, lotions, cleaning solutions, etc.
• Guests may not bring into The Property pesticides, bleach, sanitizers, or air fragrances.
25. Wildlife and Insects
• California wildlife may pose a danger. Approach all outdoor areas with caution.
• Never feed or approach wildlife. All pictures must be taken from a safe distance. Common California wildlife includes, but is not limited to, Bears, snakes, raccoons, foxes, and coyotes. It is very dangerous to allow these animals, and many others, to become accustomed to receiving food from humans, as it may result in future attacks.
• Feeding of Bears in California is illegal. The statute makes it a misdemeanor to feed Bears.
• It is illegal to feed Racoons, Foxes, and Coyotes – California Statute lists feeding these animals a misdemeanor.
• Aunger Vacation Homes' preventative efforts cannot guarantee there will not be an encounter with wildlife, bugs, insects, or pests of all types. Guests agree Aunger Vacation Homes cannot be held accountable for encountering any of the above, whether outside or inside, their rental home.
• Every Property is inspected to check there are no pests present. If pests are ever suspected, the Guest must immediately contact Aunger Vacation Homes, who will contact a third-party pest control company for further inspection and treatment if deemed necessary.
26. Localized Construction
• Just like any regular neighborhood, from time to time without the knowledge of Aunger Vacation Homes, other owners, homeowner association, or utilities might start or be undertaking local construction. Aunger Vacation Homes has no ability to affect or intervene in such construction and, therefore, cannot and is not responsible for any actions of other property owners, homeowner association, or utilities.
27. Personal Items Left Behind – Lost and Found
• Aunger Vacation Homes is not responsible for any lost or personal items left behind at the Property or resort.
• In the event, a guest may have left a personal item behind in the Rental Property. Aunger Vacation Homes will do its best to locate it; however, are not responsible for any losses. If the item is found, the Guest will be advised and given the contact details of a local company that specializes in collecting and mailing package deliveries.
• The Guest will be responsible for arranging collection, shipment, delivery, and any other cost incurred.
• Unclaimed items will be kept at our office no more than seven calendar days from the Guest's departure date. Any unclaimed items may be donated to charity or disposed of after the 7-day period. The reservation holder must present a valid identification document to pick the item up or to have it delivered. In case of a third party is involved, the reservation holder must send a written authorization with the full name of the person who will be handling the process or pick up.
28. Basis of Rental
• Each rental Property comes complete with a fully equipped kitchen, including a refrigerator, freezer, oven, range, microwave, dishwasher, toaster, coffee maker, blender, cookware, dishes, glasses, and utensils. Each Property also includes a full-size washer and dryer, iron, and ironing board. In addition to this, properties come with linens and towels.
• While Aunger Vacation Homes tries to provide each Guest with everything they will need, there are some items that are not provided in the rental properties. Vacation rental properties are self-catering accommodations. Aunger Vacation Homes provides complimentary starter kit shampoo, conditioner, soaps, toilet paper, and trash bags. Once these items are used, it is the Guest's responsibility to replenish them.
• Aunger Vacation Homes is an independent that manages privately owned individual rental Property located within communities. Aunger Vacation Homes cannot and therefore does not guarantee access to any amenities such as, but not limited to, swimming pools, golf courses, fitness rooms, tennis courts, and restaurants. The Guest acknowledges that Aunger Vacation Homes is not liable if access to any such amenities is restricted due to maintenance, policies, or any other reason.
Failure to comply with any of the terms herein will, at the sole discretion of Aunger Vacation Homes, result in the removal of the Guest from The Property, without recompense or refund.
29. Additional Charges
All "normal" utilities are included. In addition, local and long-distance calls within the United States, Canada, basic cable television, and wireless internet are included. The Guest will be charged additional fees for the following:
• Phone charges for services in addition to those provided above, including, but not exclusive of, long-distance calls outside the United States, Canada, 900 number calls, etc.
• Pay per view cable or streaming charges for any programming ordered during the rental period in addition to the basic cable provided.
• Excess linens used.
• Fines or summons are imposed by the county or the state of California because of guest actions.
• Fines as imposed by the homeowner association as a result of guest actions.
• Any damage to The Property or its contents.
• Excessive electricity or water usage
• Extra-person per night charge for the number of guests over our standard occupancy of eight and up to the legal maximum allowed limited in the house of ten. Or over the number of guests listed on the reservation or rental agreement, whichever is the great number of differences.
30. Security & Security Cameras
• In the case of a Security Emergency, please call 911. For Guests' safety, please make sure to always keep all windows and doors closed and locked. Aunger Vacation Homes are not responsible for damages or stolen personal items at the Property during the Guest's stay. It is always the responsibility of the Guest to properly secure the Property when leaving the Property. When needed, Aunger Vacation Homes always inform our Guest the name of the person who will contact them, such as a plumber, handyman, etc. If any unauthorized person tries to contact a Guest, please contact us immediately. Do not give access to any unauthorized person or persons.
• In case the house gets robbed, Aunger Vacation Homes will not be responsible for any stolen or damaged personal belongings.
• Guests understand and accept that The Property has protective security cameras outside and in the garage as well as a video / audible doorbell. These cameras are used to protect Guest, The Property, and Aunger Vacation Homes from potential break-ins and theft. There are NO cameras inside the living areas of the house.
31. Internet Access
• Aunger Vacation Homes provide complimentary internet access as a courtesy for our Guests. The service is not under our control; therefore, Aunger Vacation Homes cannot and will not be responsible for the interruption of this service. However, we will do our best to troubleshoot issues and ensure the service provider is aware to take the proper actions in the event of a slowdown or lack of connection. Refunds will not be given for internet-related issues. Information needed to use the internet (password and/or usernames) will be available in the Welcome Guide.
32. Optional Travel Insurance
• Travel Insurance is offered through several third-party providers. The cost and coverage of the travel insurance are respective to the third-party company.
• It is the Guest's responsibility to arrange appropriate comprehensive travel insurance to cover risks including, but not limited to, medical treatment, accidents, repatriations, and cancellation/curtailment.
• Aunger Vacation Homes highly recommends guests purchase trip insurance at the time of booking or at least 45 days prior to the reservation if concerned about possible interruption or cancellation of the trip.
33. Severe Weather Policy
• Aunger Vacation Homes does not offer refunds or reschedule trips due to Severe Weather activity. If guests are concerned about possible interruption, cancellation, or delayed travel due to Severe Weather occurrences, they are strongly encouraged to purchase optional trip insurance at the time of booking or at least 45 days prior to arrival (see the section of this agreement titled, "Optional Travel Insurance"). The peak season for major weather activity is November through May.
• In the case of a severe weather watch/warning, Aunger Vacation Homes may need to prepare The Property, whether occupied or unoccupied, for the safety of guests and The Property. This includes, but is not limited to, moving outdoor furniture and décor indoors. Aunger Vacation Homes will make every effort to ensure prior communication and ensure the least amount of inconvenience to the Guest.
34. Force Majeure
• Aunger Vacation Homes will not be liable for any failure to perform or delay in performance of any of our obligations under these Terms or any delay to, or during, your holiday that is caused by an event out of our control (Force Majeure)
• A Force Majeure means any act or event beyond our reasonable control, including without limitation flight delays or cancellations, airport closures, adverse weather conditions, industrial dispute, civil commotion, riot, invasions, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters, or failure of a public or private telecommunications network.
• There may be circumstances beyond Aunger Vacation Homes' control and contemplation in which The Property might not be available for the reservation. Examples of these include but are not limited to destruction of Property, sale of property, water, gas or sewer leaks, fire, or any other damage to The Property, making it inhabitable or potentially inhabitable. In the event of Force Majeure, Aunger Vacation Homes will do its best to make alternative arrangements with a comparable property for the Guest whenever possible. If Aunger Vacation Homes is unable to do so or if the alternative arrangements are not acceptable to the Guest, then Aunger Vacation Homes will refund all monies paid. If the Guest accepts the alternative accommodation, they agree to relocate back to the original Property when it is deemed available by Aunger Vacation Homes. This will be the full extent of Aunger Vacation Homes' liability to the Guest, and Aunger Vacation Homes will not be responsible for any other costs connected with any such cancellation, howsoever arising.
• If a Force Majeure takes place that affects the performance of our obligations under these Terms, Aunger Vacation Homes will contact you as soon as reasonably possible to notify the Guest.
35. Cancellation Policy
All cancellations must be received in writing and are subject to the following penalty percentages of the total rental fee: Unless stated in the booking terms, the alternative cancelation policy is:
• 20% from the initial date of booking up to 45 days prior to the arrival date (the rental deposit is non-refundable).
• 50% if less than 45 days prior to the arrival date.
• 75% if less than 30 days prior to the arrival date.
• 100% if less than 15 days prior to the arrival date.
The Guest is reserving a specific property for specific dates. The dates and The Property cannot be changed; doing so would effectively be canceling the original reservation, and so the cancellation policy would apply.
• If the length of stay can be reduced from the original dates at Aunger Vacation Homes' discretion, the cancellation policy will apply to the nights that have been canceled. The minimum night stay requirement at the time of booking must always be met. Rental nights cannot be canceled if they reduce the total number of nights stay below this minimum.
• Cancellations of the arrangement due to non-payment of the balance by the due date will result in a loss of all monies. All cancellations must be confirmed in writing.
• Aunger Vacation Homes reserves the right to cancel any reservation made because of an error, omission, or other unforeseen circumstances. This includes verbal, written, or website errors which may affect the price, availability, or type of Property rented.
• Aunger Vacation Homes advertises rental properties under its own management only.
• This agreement is in effect for any rental property booked through Aunger Vacation Homes.
• If the rental Property must be changed due to any circumstances, this agreement will apply to the new rental Property.
• All descriptions given on the websites are made in good faith, and Aunger Vacation Homes accepts no liability whatsoever for errors or omissions.
• Please consider the optional Travel Insurance to protect against unforeseen cancellations.
36. No Show Policy
• If the Guest fails to appear at the scheduled check-in time, this will result in noncompliance with these regulations, and Aunger Vacation Homes will not allow access to the Property. A refund for the money paid for the rental will not be provided.
• If the Guest has cause for complaint whilst staying in the home, this must be brought to Aunger Vacation Homes' attention immediately so that action can be taken at the time to rectify the problem.
• Should Aunger Vacation Homes be unable to resolve the matter, details of the complaint must be notified to us in writing within seven days of the end of your stay. Failure to do so will affect Aunger Vacation Homes' ability to investigate the Guest's complaint and will result in us being unable to consider the guests' complaint. We aim to resolve complaints within a 2-month period from receipt.
38. Legal Terms & Limitation of Liability
• Entirety. This is the entire agreement, superseding all related previous negotiations, agreements, and implied terms. Headings. Headings are solely for convenience, are not constitute part of the agreement, and do not affect its interpretation. Interpretation. This agreement shall not be construed in favor of the non-drafting Party. Modification. Only Aunger Vacation Homes has the authority to modify this agreement, which must be in writing.
• Assignment: Any attempted assignment, delegation, or sublease of this agreement is invalid.
• Severability: If any provision of this agreement is invalid or unenforceable under governing law, it shall, to the extent possible, be construed or applied in such a manner as will permit enforcement; otherwise, this agreement shall be construed as if that provision had never existed. \
• Warranties: No warranties exist unless expressly stated herein.
• Discretion: Aunger Vacation Homes. has sole discretion concerning the determination of breach or remedy, subject to good faith and adherence to usual and customary practices in the vacation Property market.
• Reliance: Guest acknowledges that he/she/it has not relied upon any current or prior representations or understandings and waives any related rights or claims.
• Performance: Aunger Vacation Homes is excused from performance when made impracticable by the occurrence of a contingency, the non-occurrence of which was a basic assumption on which the contract was made.
• Waiver: No breach of this agreement will be waived without the express written consent of the Party, not in breach.
• Remedies: The exclusive remedy for breach of this contract is limited to actual financial losses, and as governed in this agreement, reasonable attorneys' fees & costs, which is agreed to be an adequate remedy. If Aunger Vacation Homes employs an attorney due to Guest's violation of the terms and conditions of this agreement, Guest shall be responsible for all costs and reasonable attorney's fees as incurred by Aunger Vacation Homes. Aunger Vacation Homes and Guest waive the right to demand a jury trial concerning any litigation between Aunger Vacation Homes and Guest. Regardless of the failure of the exclusive remedy, Aunger Vacation Homes. Will not be liable for consequential damages.
• Liquidated Damages: The parties agree liquidated damages in this agreement constitute non-punitive and difficult to forecast damages.
• Chargebacks: Guest waives any right to dispute a credit or debit charge, request or demands a chargeback, or dispute that a detailed item description was provided, the contact information was clearly and prominently displayed, and grievance policy instructions were provided.
• Hold Harmless & Defend: Guest agrees to hold harmless and defend Aunger Vacation Homes. and its agents against any third-party complaints.
• Indemnity: Guest agrees to indemnify Aunger Vacation Homes. For the reasonable cost to defend and any payments made to settle any third-party claims, including those made by members of the Guest's Party and invitees & licensees of Guest on The Property.
• Third-Party Beneficiaries: No party has third-party beneficiary rights under this agreement as to any benefits received are merely incidental.
• Conflict of Terms: In the event of any material conflict between the terms of this agreement and any other agreement, the terms of this agreement shall control. Data Usage. Guest consents to the use by Aunger Vacation Homes. of its data, subject to governing law.
• Arbitration: Any controversy or claim directly or indirectly connected to this contract, including, but not limited to, credit card dispute process and civil litigation, shall be settled by arbitration and shall be administered by the American Arbitration Association with one Arbitrator in Nevada County, California. Judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction. Parties agree this clause provides a reasonable alternative to civil litigation and credit card disputes because it is mutually agreed to and administered by a neutral party.
• Litigation Terms: For litigation between the parties not subject to the arbitration clause, shall be the exclusive forum for any claims related to this agreement unless there exists exclusive Federal jurisdiction. The parties waive their rights to a jury trial. The prevailing Party shall be entitled to reasonable attorneys' fees and costs from the non-prevailing Party for defending chargeback demands, public, social media, Better Business Bureau, administrative, or other complaints and litigation arising out of this agreement or otherwise.
• Aunger Vacation Homes does not accept liability for equipment failure and/or services in the Rental Property. In the event of failure of equipment, the Guest must notify Aunger Vacation Homes within one working day, such that Aunger Vacation Homes may elect to rectify the failure.
• Aunger Vacation Homes does not accept liability for lost or stolen personal Property of the Guest from the Rental Property during the rental period. If Property of the Guest is lost or stolen, the Guest should advise the appropriate authority first, and then contact Aunger Vacation Homes to report the lost or stolen items.
• Aunger Vacation Homes accept no liability for personal loss or injury to the Guest during the rental period
• Aunger Vacation Homes accepts no liability for restricted access or no access to any resort amenities during the rental period.
• Aunger Vacation Homes reserves the right to cancel the reservation. If such cancellation occurs, Owner will return all sums of payments from Guest, but without interest or compensation. In the event that a major change to the reservation becomes unavoidable, Aunger Vacation Homes will inform Guest as soon as possible. If Renter does not accept the change to the reservation, the Aunger Vacation Homes will cancel the reservation and return all sums of payments from Guest, but without
interest or compensation.
• All guests understand and agree that Aunger Vacation Homes cannot accept responsibility whatsoever in case of accident or illness whilst on The Property.
• Aunger Vacation Homes does not accept liability for acts of violence, nature, fire, flood, war, civil disobedience, riot, or other force majeure that may have a deleterious effect on the Guest.
• Aunger Vacation Homes cannot accept any liability for the failure of public supplies such as water, electricity, or gas supplies. Nor for the consequences of the actions or omissions of persons who may supply or control main services, or any action taken in the vicinity of The Property reserved, by any authority or persons over which Aunger Vacation Homes has no control. Aunger Vacation Homes cannot accept any liability for the heating system, telephone, internet, or the hot tub heater, or any household appliance is breaking down. Urgent steps will be taken for a local engineer to rectify any problem.
• Aunger Vacation Homes accepts no responsibility or liability for any loss or damage or alteration in terms of a reservation caused by events beyond Aunger Vacation Homes' control, including, but not restricted to war, terrorist activity, civil commotion, flight delays or cancellations, airport closure, adverse weather conditions, fire, flood or industrial dispute. There will be no credit given for shortened stays due to late arrival or early departure for any reason and no credit given for cancellation due to weather conditions.
• Any disputes under this agreement shall be resolved exclusively via binding arbitration according to the rules of the American Arbitration Association for commercial disputes in Nevada County, California, applying California law. Each Party shall pay their attorney Fees/costs and, the State of California shall have exclusive personal and in rem jurisdiction over any dispute.
39. Passport and or Visa requirements (if applicable)
• All guests, if applicable, must possess valid identification, passports, and any visas required. All foreign citizens require a full passport valid for a period of at least six months beyond their rental departure date.
40. Package Delivery or Mail Service
• Aunger Vacation Homes will not be responsible for any mail or package sent to the Property.
• Guests understand that Aunger Vacation Homes is not responsible for any personal injury caused by slipping on wet tile, pavement, sidewalk, or surfaces and that the Guests are responsible for exercising care when using any surface at any time, be wet due to slippage, weather, or liquid infiltration.
• Aunger Vacation Homes are not responsible for any personal injury or loss or damage to Guests' Property caused directly or indirectly from foul, inclement weather conditions, Acts of God or nature, failure of heat, accidents related to fire, heaters, stoves, Guests' failure to take adequate precautions around wet areas or any unforeseeable circumstances.
• Website Information: All descriptions, amenities, photos, data, etc., provided on the website are made in good faith. No liability will be accepted for errors or omissions.
• Under no circumstances will Guests or their guests hold the Aunger Vacation Homes responsible for any damages or claims of any kind resulting from their stay.
JUST A REMINDER:
SORRY STRICTLY NO PETS
NO SMOKING ON ANY PART OF
THE PROPERTY AREA
NO PARTIES OR GATHERINGS
GUESTS ONLY LISTED ON THIS AGREEMENT ALLOWED
Additional Guests / Visitors - No guests other than those advised to us at the time
of reservation shall not be allowed to stay at the house or visit for the day without
prior consent and no parties are to be held without the written consent of us.