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Welcome to Staywandery.com. The Staywandery.com website (the “Site”) is comprised of various web pages operated by Staywandery.com (“Agent”). Staywandery.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Staywandery.com constitutes your agreement to all such Terms.
Please read these terms carefully, and keep a copy of them for reference.
The Site is an E-commerce Site specializing in luxury vacation rentals & bookings.
Privacy
Your use of Staywandery.com is subject to Agent’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting Staywanderys.com or sending emails to Agent constitutes electronic communications. You consent to receive electronic communications, and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You may not assign or transfer your account to any other person or entity. You acknowledge that Agent is not responsible for third party access to your account that results from theft or misappropriation of your account. Agent and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion. Agent does not knowingly collect personal information from persons under the age of thirteen, either online or offline. If you are under 18, you may use Staywandery.com only with the permission of a parent or guardian.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The Arbitrator shall determine the entire dispute, including the scope and enforceability of this arbitration provision. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless you and the Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Rental Agreement, Credit Card Authorization, and Damage Waiver: Reservations for this property100% refund 60 days before check-in; no refund after 60 days. We do offer a cancelation waiver that cost 10% of the gross rental fee, and allows you to cancel within 48 hours prior to the check-in date. You may cancel for any reason up to 48 hours before check-in if you purchase this optional waiver at the time of booking. This can only be purchased at the time of the reservation. If you purchase this cancelation waiver you must call us and email us 48 hours before the check in date with your notice of cancelation. If you do cancel before the 48 hours and you purchased this wavier we will issue a refund check or credit the original credit card the cost of the reservation (minus the cost of the wavier) within 5 to 7 business days. If this waiver was purchased it will show on the reservation breakdown below.
Damage Waiver and Capacity Restrictions: Our properties are inspected before and after each reservation guests agree to pay for any flagrant damage to the units, excessive cleaning required at check-out, missing or damage to the units’ contents, or any other accidental damage to anything within the rental unit during the rental period. Your reservation was either charge $139.00 for a Damage insurance to cover up to $1,500.00 in damage or we collected a deposit if any damages are above this then the Renter authorizes any said damage or missing items charged to their credit card identified above. The sleeping capacity for this property is limited to the number of beds provided, so twin beds sleep 1 guest; double, queen and king beds sleep 2 guests each.. Extra guests beyond the maximum sleeping capacity are not allowed without the expressed written permission in advance. Often, extra sleeping capacity is not possible at this property. Each additional guest exceeding the maximum sleeping capacity for this property will incur a charge of $100 per night, per guest, and will be charged to the credit card provided above. No pets, smoking, or parties of any kind are allowed at this property.
RULES,REGULATIONS, & OTHER: If Reservation is canceled, all payments will be forfeited when reservation is within 60 days of check in unless it is during the month of festival season it is nonrefundable after 90 days. Travel Insurance is available for purchase at the time of your Reservation.
Terms include a No Tolerance Policy regarding excessive noise, parties, or disturbing neighbors. Please make sure you are comfortable with our Terms as they are strictly enforced.
RESERVATIONS: All Reservations are subject to Management and Property Owner approval. Online rates are subject to change without notice. Should there be ANY issues with the reservation, you will be contacted within 48 hours.
PROPERTY: Guest rents, for vacation purposes only, the furnished real property and improvements described.
ARRIVAL & DEPARTURE: Check-in time is no earlier than 4:00 PM on arrival date. This time may be delayed should unforeseen circumstances arise. Check-out time is NO LATER than 10:00 AM on the departure date. Early Check In and Late Check Out options are available for an additional fee if available (Not an option during Peak Times). If Early Check and/or Late check out are approved you will get a email confirmation from the reservation team.
PAYMENTS: ALL PAYMENTS ARE NONREFUNDABLE. Outside 60 days of arrival, 50% Deposit Payment is due to reserve property. Balance Payment is due 60 Days before Arrival and will be charged automatically to same credit card used, unless communicated otherwise. Within 60 Days of Arrival, Total Cost is due to reserve property.ALL Payments are NONREFUNDABLE within 60 days if check in. We offer Vacation Rental Insurance that can be purchased at the time of purchase. Festival payments and Cancelations are 90 days of arrival, NONRERUNDABLE.
CANCELATIONS & REFUNDS: ALL PAYMENTS ARE NONREFUNDABLE within 60 days of reservation. If Reservation is canceled outside 60 days of arrival, Deposit Payment will be forfeited and Guest is released from financial liability on remaining balance owed. Cancelations with less than 60 day notice will result in 100% loss of all payment less the 3.5% processing fee. If we can replace Guest reservation and rebook the dates we will credit you 75% of the recouped rent towards another reservation in the future.
LATE CHARGES: If any amount due from Guest is not received by Stay Wandery by the applicable payment due date, we may charge 5% of the overdue amount as a late charge and will have the option to terminate your reservation and/or retain the reservation fee charged.
UNAVAILABILITY: For any reason beyond the control of Management, the Premises become unavailable, Management may substitute a comparable unit or cancel this Agreement and refund in full all payments made by Guest.
STRICT NOISE ORDINANCE: We have a strict noise ordinance that must be followed. No loud noises, music, load vehicles are allowed between the hours of 10:00 pm and 8:00 am. Please note if the these are followed you can be fined and asked to vacate the property.
APPROVED GUESTS AND USE: The Premises are for the sole use as a personal vacation residence by Approved Guests. Reserving Guest is responsible for any guests that use the property during the term of this agreement. Guest may not exceed Max Occupancy for Property at any time. If the Premises are used, in any way, by more than max allowed guests, (i) Guest and all others may be required to immediately leave the Premises or be removed from the Premises; (ii) Guest is in breach of this Agreement; and (iii) Guest forfeits its right to return of any monies collected.
OCCUPANCY: Approved Guests are persons who will occupy the Premises. No unlawful activity or any other activity that constitutes a nuisance is permitted on Premises. Approved Guests take full responsibility for all lost or broken items, and any damages to the Property of any kind.
DAMAGE INSURANCE: A Valid Credit Card to be kept on file is required upon Reservation. Your reservation covers for Damages up to $1,500.00 in damage. Should damages cost above the coverage of the damage waiver, the Credit Card on file will be charged for any of the additional costs. Guest hereby grants consent to charge Credit Card on file for any damages, missing items, excessive cleaning, fines, and, if necessary, cost incurred to remove Guest from property.
CLEANING: Premises will be delivered to Guest in a professionally cleaned condition. Should Guest's use and activity require more than regular cleaning services, Guest will be charged for associated excess costs.Cleaning costs are double during festival season.
PETS: Pets are allowed at an additional cost of $150 per pet with a max.of 3 pets. If unauthorized pet is discovered on Premises, Guest will be asked to leave without refund as Guest will be in breach of this Agreement.
NO SMOKING: No smoking is allowed on the Premises inside or outside. If smoking does occur on the Premises, (i) Guest is responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors and removal of debris; (ii) Guests may be required to immediately leave the Premises, or be removed from the Premises; (iii) Guest is in breach of this Agreement.
CONDITION OF PREMISES: Guest shall, on arrival, examine the Premises, all furniture, furnishings, appliances, fixtures and landscaping, if any, and shall immediately report, in writing, if any are not in operating condition or are in disrepair. Reporting repairs does not give Guest the right to cancel this Agreement or receive a refund of any payments made.
LOST ITEMS OR LEFT ITEMS: Management assumes no responsibility for lost, stolen or abandoned items. Reasonable effort will be made to contact the Guest for return. There will be a $50.00 handling charge plus shipping costs for any found items returned at Guest’s request. Management shall not be held liable for condition of said items. Any items not claimed for longer than 30 days, may be donated or sold.
MAIL SERVICES: We do not recommend having anything delivered to the property. We do not have the key to the mailbox.
MAXIMUM OCCUPANCY: No guests in excess of the maximum occupancy specified in the rental agreement shall occupy the property. Breach of this will result in immediate termination of the rental agreement with a forfeiture of the entire rental amounts and or security deposit.
NO PARTIES: All of our rentals are in residential areas and may NOT be used for weddings, receptions, parties, or large gatherings. Any disruptive events could result in the eviction and forfeiture of entire rental amount and security deposit.
ILLEGAL SUBSTANCES: No illegal substances are allowed in the rental, and minors should not be in possession of alcohol. Violations will result in eviction from the property and no refunds will be issued.
TV/CABLE/INTERNET/SATELLITE: No refund shall be given for number of devices, outages, content, or lack of content or personal preferences with regard to cable/internet/satellite service. Services are provided as a convenience only, and are not integral to this agreement. No refund shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to service.
AIR CONDITIONING/HEATING: Guest agrees that Air conditioning shall not be set below 72 degrees and heat shall not be set above 78, and that the fan setting shall be “Auto”. Doors and windows shall be closed when either heat or air conditioning is in operation. There are no refunds for lack of, or malfunctioning HVAC units.
POOL AND SPA: If so equipped, spa heating is included. Pool heating, is an additional fee and must be paid 48 hours prior to use. Guest must notify Stay Wandery 48 hours prior to arrival. Guest agrees not to tamper with pool heat controls or manipulate heater in any way. Pool heat shall not exceed 88 degrees. Guest understands that the area surrounding pool and spa may not be fenced or secure. Guest understands and agrees to be responsible and liable for any damages that occur to the pool and spa and its support equipment through Guest misuse and/or negligence.
Please no glass near or around the pool. Only use the plastic cups provided.
SYSTEM(S) FAILURES: In the event the rental unit sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, hot tub or other system or structural systems, neither the property owner nor the Management shall be liable to Guest for damages, and no refunds will be given for such failures. However, Management will make an effort to promptly repair or replace the failed system or equipment, and in such event, Guest agrees to permit Manager or its service provider to have reasonable access to the property to inspect and make such repairs.
UNFORESEEN OCCURRENCES: Management will not assume liability for any loss, damage or inconvenience caused by but not limited to the following: weather conditions, natural disasters, pests, construction, acts of God, or other reasons beyond its control. There shall be no refunds available as such instances are beyond the control of Management. It is highly recommend that Guest considers travel and/or rental insurance.
RULES; REGULATIONS: NO COMMERCIAL USE. Guest agrees to comply with any and all rules and regulations that are at any time posted on the Premises or delivered to Guest. Guest shall not, and shall ensure that Guest and licensees of Guest shall not: (i) disturb, annoy, endanger, or interfere with other Guests of the building in which Premises is located or its neighbors; (ii) use the Premises for any commercial or unlawful purpose including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband; (iii) violate any law or ordinance; or (iv) commit waste or nuisance on or about the Premises.
MAINTENANCE & REPORTING: Guest shall properly use, operate and safeguard the Premises including, if applicable, any landscaping, furniture, furnishings, appliances and all mechanical, electrical, gas and plumbing fixtures, and keep them clean and sanitary. Guest shall immediately notify Management of any problem, malfunction or damage. Guest shall pay for all repairs or replacements caused by Guest, excluding ordinary wear and tear. Guest shall pay for all damage to the Premises as a result of failure to report a problem, malfunction or damage in a timely manner.
ENTRY: Management and Managements representatives and agents have the right to enter the Premises, at any time, (i) for the purpose of making necessary or agreed repairs, decorations, alterations, improvements, for maintenance or to supply necessary or agreed services; (ii) to verify that Guest has complied with the terms of this Agreement; or (iii) in case of emergency. Management and Managements representatives and agents have the right to enter the Premises, upon reasonable notice of at least 24 hours, to show the Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers or contractors.
PARKING: During winter, snow removal from the driveway is provided automatically. But during severe storms, please be patient with the drivers as they are doing all they can to keep up with accumulation. Be sure you know the laws in regards to winter parking. Do not park in the street in the HOA neighborhoods. Your car will get a ticket and/or be towed. Many homes are in HOA’s that do not allow parking on the street even during the summer and no horizontal parking or double parking is allowed on the driveway.Please inquire about additional offsite parking.
TERMINATION OF OCCUPANCY: Upon termination of occupancy, Guest shall: (i) return all copies of all keys or opening devices to the Premises, including any common areas; (ii) vacate the Premises and surrender it to Management empty of all persons at agreed upon time; (iii) vacate any/all parking and/or storage space; and (iv) deliver the Premises to Management in the same condition less ordinary wear and tear as received upon arrival.
WEATHER/MOTHER NATURE: We cannot be held responsible for circumstances beyond our control. This includes excessive noise from construction or public/private events, wildfire/smoke, weather related interruptions, road closures, lack of snow, frozen pipes, interruption of services and utilities or unexpected appliance breakdown. Properties that are listed as Ski-in/ Ski -out, Ski Access, Walk to ski, and the ski accessible homes are subject to weather and we cannot be held responsible weather/snow conditions that make these homes ski accessible.
PERSONAL PROPERTY AND INJURY: (i) Owner Insurance: Guest personal property, including vehicles, are not insured by Owner or, if applicable, HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner/Management does not insure against personal injury to Guest, guests or licensees due to any reason other than the condition of the Premises. (ii) Guest Insurance: Management recommends that Guest carry or obtain insurance to protect Guest and licensees and their personal property from any loss or damage. (iii) Indemnity and Hold Harmless: Guest agrees to indemnify, defend and hold harmless Owner and Management from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage or injury to Guest or licensees or their personal property.
MEDIATION: Guest agrees to mediate any dispute or claim arising out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved.
JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Guest, each one shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually with every other Guest.
ENTIRE CONTRACT: Time is of the essence. All prior agreements between Owner and Guest are incorporated in this Agreement, which constitutes the entire contract. It is intended as a final expression of the parties` agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Agreement. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this Agreement. The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach.
RELEASE: In consideration of the right to visit the home, Guest agrees to release to the fullest extent allowed by law, Owner and its Management, members, officers, associates, employees, agents, representatives, attorneys, assigns, and affiliates (collectively, the Affiliates) from all liability or responsibility of any kind whatsoever for any personal injury, death, property damage or other loss sustained by me, my minor children, any guest identified on this form, or any guest or person allowed onto the property during my rental dates as a result of my, my children's or the guests participation in a visit to the home, due to any cause whatsoever, including without limitation negligence on the part of Owner or Management. I understand that this release will bind my heirs, administrators, executors, and any other person or entity seeking to claim under or through me. |
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Stay Wandery
4340 Von Karman Ave
Newport Beach CA 92660
760-406-7199
info@staywandery.com |
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