Terms and Conditions

Thanks for Visiting the SurfVacationHome.com

Terms of Use and Acceptance

This web page represents a legal document that serves as our Terms of Use and it governs the legal terms of our website, surfvacationhome.com, sub-domains, and any associated web-based and mobile applications (collectively, “Website“), as owned and operated by Velmatt LP. By using our Website or purchasing something from us, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.

Definitions

The terms “us” or “we” or “our” refers to Velmatt LP, the owner of the Website.
A “Visitor” is someone who merely browses our Website and uses our services
Our “Service” represents the collective functionality and features as offered through our Website to our Users.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content”.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Velmatt LP reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your reservation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your reservation, email addresses, usage history, IP addresses and traffic information.

Rental Process

You must be 30 years of age to rent and will provide proof of age.
We must receive a check or credit card payment within 7 days of the initial booking to have your dates officially reserved.
The payment terms are 50% due at booking and the balance due 30 days prior to check in.
Upon receiving your payment, the rental reservation will be confirmed/reserved.
Once we receive full payment for your reservation, we will e-mail you a welcome packet that includes the house instructions and the lock code to access the house.

Security Cameras

There are security cameras inside and outside the house for when it is vacant. You will be given instructions for how to turn the inside cameras off during your stay but some of the outside cameras will remain on.

Security/Damage Deposit

A security deposit of $500 plus the cleaning fee of $200 is required to hold your reservation.
If the following provisions are met, your security deposit will be mailed to you within twenty (20) days of your departure otherwise deductions will be subtracted:
1. No damage is done to the home or its contents
2. No linens or household items are missing

All debris has been removed

No early check-in or late checkout
House has not been smoked in.
All instructions have been followed from the “Neptune House Instructions.docx” file

Cancelations

If you cancel more than 60 days before check-in, your down payment will be returned less any credit card processing fees paid by owner.
If you cancel between 30 and 60 days before check-in, you will receive up to 50% back for the total booking amount (depending on what was paid) less any credit card processing fees paid by owner.
If you cancel less than 30 days before check-in, you will forfeit ALL AMOUNTS PAID
The first day of the rental, there will be no refunds for any reason.
No credit will be given for shortened stays due to late arrival or early departure for any reason.
No cancellations due to weather.
Owner can cancel with 30 days’ notice and will refund everything paid to date less any credit card processing fees paid by owner.
Force Majeure – Owner is not responsible for cancellations due to circumstances beyond their control. In the event of Force Majeure, we will do our best to make alternative arrangements for you where possible. If we cannot, or if the alternative arrangements are not acceptable to you, then we will refund all monies paid. This will be the full extent of our liability to you in such circumstances, and we will not be responsible for any other costs connected with any such cancellation, howsoever arising.

Modifications to the Services and Prices

Prices are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

General Terms

The renters will pay for any miscellaneous related fees incurred by the owner during your rental. The renters agree that the Owner can deduct the fees from the security deposit prior to refund.
The renters will maintain the premises in good, clean, ready to rent condition, and use the premises in a careful and lawful manner. The renters will leave the premises in ready to rent condition at the expiration of the rental agreement, defined by the Owner as being immediately habitable by the next renters. Renters agree to pay for maintenance, repairs and extra cleaning services should the premises be left in a lesser condition. The Owner can deduct costs of said services from the security deposit prior to refund.
The maximum number of overnight vehicles per Encinitas city requirements is 3 and the vehicles must be parked in and in front of the garage.
The renters release the owner of any liability related to issue or injure on the stairway to the beach. The stairs to the beach are steep and uneven in places. They are built of wood so be careful of splinters; do not drag your hands on the rails and ideally wear shoes. Do not use the stairs if you are not physical fit for a long stair climb.
The renters will dispose of all waste material, generated during the rental period, in a lawful manner. If your stay end on Sunday or overlaps on any Monday, please put all full trashcans at the curb for Monday 7am pickup. Never store trash outside the side gate in public view (Encinitas Municipal Code).
The renters will pay for any damage done to the premises above normal wear and tear.
While linens and bath towels are included in the unit, daily maid service is not included in the rental rate unless otherwise arranged.
No animals of any kind will be brought onto the premises without prior Owner’s consent.
There will be no smoking inside of the premises.
The renters will not sublet the property.
A maximum of 9 (nine) persons and no more than 3 families shall reside or sleep on the premises.
The renters will behave in a civilized manner and will respect the rights and desires of the surrounding property owners/occupants.
Renters are responsible for providing and/or replacing consumables such as: paper products, spices and condiments.
The renters hereby indemnify, and hold harmless, the Owner against any and all claims of personal injury or property damage or loss arising from the use of the premises regardless of the nature of the accident, within the extent of the law.
Owner (or Owner’s agent) will have the right to enter the premises in case of emergency or to necessary or agreed repairs that are urgent.
If renters rent again this agreement will be in force unless or until a new agreement is signed.
House parties are strictly prohibited and grounds for immediate eviction.
Illegal substances are strictly prohibited and grounds for immediate eviction.
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of our property. Velmatt LP reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate.
In any action or preceding involving a dispute between Owner and Renter arising out of this Agreement, the prevailing party will be entitled to reasonable attorney fees and any costs incurred.
If a dispute arises and if the dispute cannot be settled through negotiation between the parties alone, the parties agree first to try in good faith to settle the dispute by mediation administered by JAMS in Orange County, California and one of it neutrals who must be a retired California Superior Court judge or U.S. District Judge before resorting to arbitration, litigation, or some other dispute resolution procedure. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested.
If such dispute, claim, or controversy cannot be resolved by negotiations or mediation, such dispute, claim, or controversy shall be determined by arbitration in Orange County, California before three arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Our Legal Terms shall be treated as though it were executed and performed in California, United States and shall be governed by and construed in accordance with the laws of California, United States without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Velmatt LP under our Legal Terms shall survive the termination of our Legal Terms.

Check Out

Checkout time is no later than 11 am PDT the day you are scheduled to leave. If you do not vacate the premises on time, you will be charged for one (1) additional night‘s stay.
Checkout procedures: Prior to checkout read/follow the house instructions including but not limited to: all dishes should be washed and put away; beds may be left unmade; use sheets, pillowcases and towels should be placed in the laundry area. Before leaving, turn off the thermostats. Also make sure all doors and windows are locked and shut.
We will not be liable or responsible for personal items left behind, lost or stolen.
If you leave an item after checking out and wish to have it returned, call us as soon as possible and we will arrange for shipment. We will inform you of the shipping cost and with your approval, deduct it from your deposit refund to cover the expense.

Links to Other Websites

Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third-party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third-party websites. Velmatt LP has no control over the legal documents and privacy practices of third-party websites; as such, you access any such third-party websites at your own risk.

Privacy

By submitting your email address in connection with your account, you agree that we and its third-party service providers may use your email address to contact you about your account or Content you have submitted to the Sites, including the Community, or for other administrative purposes and for any other purpose permitted or required by law.

We may also keep a record of any purchases made on the site by you in addition to your email address, phone number, and physical address.

Disclaimer and Limitation of Liability

THE SITE CONTENT IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS.

THIS SITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. WE THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY. WE APOLOGIZE FOR ANY INCONVENIENCE.

Indemnification

You agree to indemnify, defend and hold harmless Velmatt LP and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Legal Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Legal Terms

Our Legal Terms shall be treated as though it were executed and performed in California, United States and shall be governed by and construed in accordance with the laws of California, United States without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Velmatt LP under our Legal Terms shall survive the termination of our Legal Terms. We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.