VACATION
BEACH HOUSE RENTAL AGREEMENT
1. This Agreement governs your use of this
website, your reservation, your booking of accommodations and/or your stay at
the beach house advertised on the www.Beach4Shore.com, and sets forth rights,
duties and responsibilities between Unity Investments, LLC d/b/a/
www.Beach4Shore.Com (referred to herein as "UI", "B4S",
"we", "us", or "our") and yourself(s), guest(s),
group traveler(s), and/or renter(s), leaser(s), member(s), agent(s) or
supplier(s) for which you have registered (referred to herein as
"you"). By using, viewing, transmitting, caching, storing and/or
otherwise utilizing the site, the services or functions offered in or by the site
and/or the contents of the site in any way, you must agree to each and all of
the terms and conditions set forth below, and waive any right to claim
ambiguity or error in this Agreement.
2. All materials contained on thebeach4shore.com
web site are the sole property of Unity Investments, LLC, d/b/a/
www.Beach4Shore.com. No material from the Site may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any way without
prior written permission from UI. For purposes of these terms, the use of any
such material on any other Web, Internet, intranet, extranet or other site or
computer environment is prohibited.
3. Links to other sites we think may be of
interest to you are provided for your convenience only. By providing these
links, we are not endorsing, sponsoring or recommending such sites or the
materials disseminated by, or services provided by them, and are not
responsible for the materials, services or other situations at or related to,
or from any other site. Please exercise discretion while browsing the Internet
and using the Site. You should be aware that when you are using the Site, you
could be directed to other sites that are beyond our control. There are links
to other sites from the Site pages that take you outside of the Site. For
example, if you "click" on a banner advertisement or a search result,
the "click" may take you off the Site. This includes links from
advertisers, sponsors, and content partners that may use our logo(s) as part of
a co-branding agreement. These other sites may send their own cookies to users,
collect data, solicit personal information, or contain information that you may
find inappropriate or offensive. In addition, advertisers on the Site may send
cookies to users that we do not control. We reserve the right to disable links
from any third party sites to the Site. We
make no representations concerning the content of sites listed in any of the
Site's directories. Consequently, we cannot be held responsible for the
accuracy, relevancy, copyright compliance, legality or decency of material
contained in sites listed in any search results or otherwise linked to a Site.
Please keep in mind that whenever you give out information online, that
information can be collected and used by people you don't know. We cannot
guarantee the security of any information you disclose online; you make such
disclosures at your own risk.
4.
We explicitly disclaim any
responsibility for the accuracy, content, or availability of information found
on sites that link to or from the site. We cannot ensure that you will be
satisfied with any products or services that you purchase from the Site or from
a third- party site that links to or from the site or third party content on
the Site. We do not endorse any of the merchandise, nor have we taken any steps
to confirm the accuracy or reliability of, any of the information contained in
such third-party sites or content. We do not make any representations or
warranties as to the security of any information ( including, without limitation,
credit card and other personal information) you might be requested to give any
third party, and you hereby irrevocably waive any claim against the Indemnified
Parties with respect to such sites and third party content. We strongly
encourage you to make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of
these third parties.
5. You agree that WE are
not responsible or liable in any way for injury, loss or damage to your
computer or interception or use of credit card information, related to or
resulting from use of the Site or any sites, services or materials linked or
related thereto or there from and also are not responsible or liable in any way
for any injury, loss, claim or damage relating to or resulting from any part of
the Site operating or not operating on computers or networks used by you or
communicating with such computers or networks. We do not control the
information provided by other users which is made available through the Site.
You may find other user's information to be offensive, harmful, inaccurate, or
deceptive. Please use caution and common sense when using the Site. Please note
that there are also risks of dealing with foreign nationals, underage persons
or people acting under false pretense. Although we intend that product
descriptions contained in the Site be current and accurate, we make no warranty
or representation that descriptions of products in the Site are accurate,
complete, current, or reliable in any or all respects. In the event that a
product described in the Site is not as described, your sole remedy is to
return it in unused condition in accordance with the suppliers' return policy.
6. In compliance with the Electronic
communications privacy act notice (18 U.S.C. 2701-2711) we make no
guarantee of confidentiality or privacy of any communication or information
transmitted on the site or any web site linked to the site. We will not be
liable for the privacy of the information, e-mail addresses, registration and identification
information, disk space, communications, confidential or trade-secret
information, or any other content transmitted over networks accessed by the
site, or otherwise connected with your use of the site. No oral advice or
written correspondence or information provided by us or any of the indemnified
parties will create a warranty of any kind and users should not rely on any
such information or advice. We reserve the right, in our sole and absolute
discretion and without notice, to correct any errors or omissions in any
portion of the site, or to deny access to the site to anyone at any time.
Neither we nor any of the indemnified parties, shall
have any liability arising from your reliance upon the information provided on the
site. The Site may contain technical inaccuracies or typographical errors or
omissions. WE are not responsible for any typographical, photographic,
technical errors listed on our Site. WE reserves the right to make changes,
corrections and/or improvements to the site, and to
the products and programs described in such information, at any time without notice.
7. By utilizing the site, all users acknowledge
and agree that the indemnified parties are released, discharged and held
harmless from and are not responsible or liable for any liability with respect
to all aspects of the site ( including without limitation, any illness, losses,
litigation, personal injury, death, property damage, and claims based on
publicity rights, defamation, or invasion of privacy, reasonable attorneys'
fees and court costs) that may occur from use of the site or the acceptance,
possession, use or misuse of information, materials, services or products
related thereto or acquired there from. We reserve the right at any time and
without liability to restrict or refuse access to the site and its services,
content, materials and functions to anybody. We further reserve the right to
seek any form of relief, including without limitation attorneys' fees, related
to fraudulent or illegal activity connected with the use of the site. If
applicable, in the event that you have a dispute with one or more users, you
also on behalf of yourself, your predecessors, if applicable, and each of their
present and former officers, employees, directors, shareholders, parents,
subsidiaries, alter egos, affiliates, partners, agents, attorneys, accountants,
heirs, executors, administrators, conservators, successors and assigns, as
applicable, hereby fully and forever releases and discharges the Indemnified
Parties, from any and all claims, demands, liens, actions, agreements, suits,
causes of action, obligations, controversies, debts, costs, attorneys' fees,
expenses, damages, judgments, orders and liabilities of whatever kind or nature
in law, equity or otherwise, whether now known or suspected which have existed
or may have existed, or which do exist or which hereafter can, shall or may
exist, based on any facts, events or omissions occurring from any time on or
prior to the execution of this Agreement which arise out of, concern, pertain
or relate in any way to this Agreement or the Site. You also acknowledge that
there is a possibility that subsequent to the execution of this Agreement, you
will discover facts or incur or suffer claims which were unknown or unsuspected
at the time this Agreement was executed, and which if known by it at that time
may have materially affected its decision to execute this Agreement. You
acknowledge and agree that by reason of this Agreement, and the release
contained in this section of this Agreement, you are assuming any risk of such
unknown facts and such unknown and unsuspected claims. You have been advised of
the existence of Section 1542 of the California Civil Code ("Section
1542"), which provides that:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Notwithstanding
such provisions, this release shall constitute a full release in accordance with
its terms. You knowingly and voluntarily waive the provisions of Section 1542,
as well as any other statute, law or rule of similar effect. In connection with
such waiver and relinquishment, You acknowledges that
you are aware that you may hereafter discover claims presently unknown or
unsuspected, or facts in addition to or different from those which you now know
or believe to be true, with respect to the matters released herein. Nevertheless,
it is your intention, through this Agreement, and with the advice of counsel, fully
and finally settle and release all such matters, and all claims relative
thereto, which do now exist, may exist, or have existed between and among the
parties hereto, including the Indemnified Parties. You hereby acknowledge that
you have been advised by your legal counsel, understand and acknowledge the
significance and consequence of this release and of this specific waiver of
Section 1542 and other such laws.
8.
The products and/or services described in and
available through the site may not be available in your country. We make no
representation that the services or products offered in the Site are
appropriate or available for use in any particular location. Those who choose
to access the Site do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are applicable. If
use of the site and/or viewing or use of any material or content therein or
services offered thereby violates or infringes any applicable law in your
jurisdiction(s), you are not authorized to view or use the Site and must exit
immediately. Your viewing and/or use of the Site
constitutes your representation that you are unconditionally and without
limitation permitted to view and use the Site and the Indemnified Parties may
rely upon such representation. The Site is operated from the United States and
it is possible that some Software from the Site may be subject to United States
export controls. No Software from the Site may be downloaded or otherwise
exported or re-exported (into (or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria, or any other country subject to a U.S. or U.N.
embargo or sanction; or (ii) to anyone on the US Treasury Department's list of
Specially Designated Nationals or anyone subject to the same or similar
restrictions even if not listed or the US Commerce Department's Table of Deny
Orders. By downloading or using the Software, you represent and warrant that
you are not located in, under the control of, or a national or resident of any
such country or on any of the above restricted lists or subject to such restrictions.
9. You and
Unity Investments, LLC, d/b/a/ www.Beach4Shore.com are independent contractors,
and no agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this Agreement.
10. You shall comply with all applicable laws,
statutes, ordinances and regulations regarding your use of the Site and your
solicitation of offers to purchase and/or sell products and/or services. This
Agreement shall be governed by and construed in accordance with the laws of the
State of California, without giving effect to any principles of conflicts of
law.
11.
You represent and warrant that you have the legal right, power and authority to
agree to the terms of this Agreement on behalf of yourself and the member(s),
buyer(s) or supplier(s) participating in the Site. You further agree that your
use constitutes an electronic signature as defined by the Electronic Signatures
in Global and National Commerce Act ("E-Sign") and the Uniform
Electronic Transactions Act ("UETA") and that you have formed,
executed, entered into, accepted the terms of and otherwise authenticated this
Agreement and acknowledged and agreed that this Agreement is an electronic
record for purposes of E- Sign, UETA and the Uniform Computer Information
Transactions Act and as such is completely valid, has legal effect, is enforceable,
and is binding on, and non-refutable by you and the member, buyer or supplier
on whose behalf you are acting.
12. Minors under the age of 18 not traveling with a
parent or legal guardian must be accompanied by an adult over the age of 21. Infants
and toddlers must be supervised at all times. In addition, WE cannot be held
responsible or liable for any complications relating to pregnancy at any stage.
Babysitting arrangements made by UI on your behalf are subject to additional
fees. UI solely makes recommendation and referral for this service.
Please contact UI for additional information
13. Dangerous or illegal articles such as
weapons, explosives, oxygen, combustible substances or nonprescription
controlled substances may not be brought to the Beach4Shore.com Beach House.
You should retain valuables such as cash, negotiable securities or other
financial instruments, gold, silverware, jewelry, ornaments, works of art,
photographic/video/audio equipment or supplies, laptop computers, cellular
phones or other valuables in your personal control as WE will not be held
responsible for damage to, or loss of these items.
14.
Prices for the stay at the beach house advertised on www.Beach4Shore.com are
listed on http://beach4shore.com/Accommodations.htm
or have been prearranged with you by a Unity Investments, LLC representative
who has approved of a price in writing. Prices shall not change with respect to
the Parties to this Agreement, once YOU have actually paid in full for a
specific package and date(s). You herby give Unity Investments, LLC,
d/b/a/ www.Beach4Shore.com permission to charge the credit or debit card for
the rental and reservation.
15. All Reservations and Bookings are
subject to availability. Reservations can only be made (60) days in advance of
arrival date and require 20% deposit. Reservations less than (60) days
prior to arrival date must be booked and paid in full. Bookings made less than
72 hours of arrival date are not accepted without written authorization from a
Beach4shore representative. Reservations are subject to cancellation at the
sole discretion of Unity Investments, LLC, d/b/a/ wwwBeach4Shore.com if full
payment is not received within 60 days of arrival date. In lieu of a deposit
your credit card will be held for 35 days after
your departure date. Credit card provided at the time of booking will be
charged for any and all items sold by Beach4Shore.com, telephone usage
($5.00 each day flat fee for all domestic calls and $1.00 per minute on
international calls plus applicable service charges, if any) or for lost,
stolen or damaged items or damages made to the real or personal property of
Unity Investments, LLC d/b/a/ www.Beach4Shore.com. In the event that your
credit card is charged during the holding period you authorize Beach4shore to
place charges at an amount not to exceed $1500.00. If
in the unlikely event that total charges exceed $1,500.00, the credit
card will be charged the $1,500.00 and you will be contacted and billed for the
remaining balance. An itemized statement shall be provided. In the event
that the credit card is declined during the holding period or an outstanding
balance is not paid within 15 days of its due date, balance will be subject to
interest fees and additional charges. Upon making a reservation or booking a
confirmation will be sent to the e-mail provided. If
you do not receive this e-mail or if a copy is needed please send a request to info@beach4shore.com.
16.
Cancellations may be made by telephone
or in writing. If made by telephone, YOU must actually speak with a Unity
Investments representative Arleen D. Adamsky at (818)
392-8082, with cancellation instructions. A voicemail message shall not
constitute a cancellation. If made in writing, the cancellation must be by
certified mail, return receipt requested, addressed to Unity Investments, LLC,
2625 Townsgate Road, Suite No.: 330, Westlake
Village, CA 91361. Cancellations made 60 days or more in advance are subject to
a 30% cancellation fee. Changes to the vacation commencement date or changes of guest names is considered to be a cancellation.
For cancellations, amounts paid, minus cancellation fees and other amounts owed
(if any), will be promptly refunded. The cancellation fees assessed will be as
follows, regardless of resale of accommodation:
17. No refunds will be made in the event of
interruption or cancellation by the Guest after vacation commencement date or
cancellations received less than sixty days prior to arrival date. All
appropriate and only applicable refunds will be made directly to the Guest’s
credit card account. Unity Investments, LLC and Beach4Shore.com reserve the
right to restrict any changes to a booking or reservation. All changes are
subject to availability. Please note that changes made to overall party size or
dates may result in a change to the rate. In no event do weather conditions or
natural disaster constitute a refund.
18.
Any changes or cancellations to your vacation transportation to or from the
Beach4Shore beach property or other locations pre arranged by UI on
your behalf will be subject to additional fees including, cancellation charges
and processing fees. Please consult UI for further details.
19. When daily rate is used normal Check-in
is any time on the date of your arrival. Check out is no later then 5:00p.m.
on your scheduled date of check out. However
if another time has been agreed upon between you and UI,LLC,
you agree to abide by the those times and will indicate those times below.
20.
Prices for the stay at the beach house are advertised on www.Beach4Shore.com, listed on http://beach4shore.com/rentals and
incorporated by reference herein do not include meals, beverages,
or any other items of a personal nature. Price does not include mini bar items.
Price does not include airfare, ground or baggage transfers or Government Taxes
and Fees, which consist of all taxes and fees imposed by U.S. and foreign
governmental and quasi-governmental authorities, including without limitation
U.S. Customs and Immigration fees, ship passengers international departure tax,
airport passenger facility charge, flight segment fees, international arrival
and departure taxes, and sales, use and excise taxes. Prices do not
include movies order through the cable service. Prices do not include utility
charges that shall be added to your account within the 35 day card hold. Prices
do not include housekeeping. The
housekeeping charges are as follows:
LIGHT
HOUSEKEEPING - $90.00
Dust, Mop, Sweep, Vacuum
MEDIUM
HOUSEKEEPING - $110.00
(includes Light & Medium) make beds,
wash dishes, take out garbage
HEAVY HOUSEKEEPING - $150.00 (includes Light & Medium) Grill, stove,
counters, fridge
Price does include the
accommodation and the use of the following items: linens, bath towels, kitchen
appliances and utensils, laundry appliances, televisions, clock radios, use of
bathrooms, showers, steam room, Jacuzzi, furniture, driveway, surfboard, boogey
board, skate boards, hand soap, trash bags, and receptacle bins.
21. No animals are allowed on the premises,
except for service animals.
22. We may refuse services
to any Guest who may be suffering from a contagious or infectious disease, ill
health or whose presence in the opinion of OUR representative may be
detrimental to the comfort or safety of other Guests who are staying at or may
in the future be vacationing at, or living at the beach-house. In such cases
the Guest shall not be entitled to any refund of fare or compensation
whatsoever.
23. Occupancy is limited to the number indicated
within each Accommodation Description. We reserve the right to limit or extend the
number of individuals staying in the beach house, and failure to provide an
accurate number of individuals may result in additional fees. You
acknowledge that there are four (4) physical bedrooms: Master suite has a king
size bed, first floor suite has a queen size bed, second floor bedroom has a
queen sized bed, the additional bedroom has a full sized futon. There are 6 roll away beds, and 4 non pull
out couches. A crib is also available
24.
We reserve the right to change all
prices and other terms and conditions which appear on the website without prior
notice. Price changes will not affect bookings with paid deposit or timely
final payment, except where the increase results from increases in from
extended stays.
25. For the comfort
and enjoyment of our Guests, We do not allow smoking anywhere inside the beach
house. Precaution and safety are to be exercised while using any fire or heat
or appliances anywhere on the premises including but not limited to stove,
oven, toaster, microwave, coffee maker, fireplace, and grill. At no time
while these items are in use should they be left unattended. You will be
held responsible for any and all damages resulting from neglect,
unintentional mishap or misuse of the above mentioned items.
26. If you or a guest in your party
has a disability or physical limitation that in some way impairs your ability
to climb stairs, Unity Investments, LLC and Beach4Shore.com offers an
accessible first floor suite. Unity Investments, LLC and Beach4Shore.com urges you to use these accommodations provided on the first
floor of the Beach4Shore Beach house.
27. We shall not be
liable or responsible in any way for any death, personal injury, illness or
emotional distress occasioned by any Guest, or for loss of or damage to any
Guest's property, which arises by reason resulting from the failure to comply
with the provisions or recommendations of this Agreement.
28. This Agreement contains the
entire agreement between the Guest(s) or Guest’s Representative(s) and Unity
Investments, LLC, d/b/a/ www.Beach4Shore.com. No other agreements, statements,
representations or promises made on or before the effective date of this
agreement shall be binding upon the parties. Guest(s) or Guest’s
Representative(s) acknowledge that Unity Investments, LLC, d/b/a/
www.Beach4Shore.com has made no other representations, verbal, written or
implied, relied upon by the Guest(s) or Guest’s Representative(s) in executing
this Agreement, which are not specifically written into this Agreement.
29.
If any provision of this Agreement is held in part or in whole to be
unenforceable for any reason whatsoever, the remainder of that provision and
any other provisions of the Agreement shall be severable and remain in full
force and effect.
30.
This Agreement may only be modified by subsequent agreement between the
Guest(s) or Guest’s Representative(s) and Unity Investments, LLC, d/b/a/
www.Beach4Shore.com in writing, executed by both the Guest(s) and
representatives of and Unity Investments, LLC, d/b/a/ www.Beach4Shore.com.
31. If Unity Investments, LLC, d/b/a/
www.Beach4Shore.com waives any part of this Agreement at any time, such waiver
shall not be construed to act as a continued or future waiver by Unity
Investments, LLC, d/b/a/ www.Beach4Shore.com.of any other part of this
Agreement.
32. Any and all disputes whatsoever
arising between the Guest(s) or Guest’s Representative(s) and Unity
Investments, LLC, d/b/a/ www.Beach4Shore.com in connection with, or in any way
whatsoever related to the use of the website or Guest(s)’ stay or anticipated
stay at the property, or in connection with the deposit(s), payment(s)
disputes, personal, financial or other injury or loss, shall be submitted to
binding arbitration in the county and city of Los Angeles, California before
the American Arbitration Association. Guest(s) or Guest’s Representative(s)
wave any jurisdictional defenses. If any party to this Agreement files suit
against the other party, the party sued shall have the right to stay the suit,
by timely electing to arbitrate the dispute.
Executed By:
Unity
Investments, LLC
By Arleen D. Adamsky,
President.
Individuals
execute this Agreement by clicking an acceptance block online on a secure page
on the Beach4shore.com website during checkout and/or by executing and
completing by hand. Beach4shore.com may require both
methods:
I
Accept all terms and conditions as so stated herein.
____________________________ ___________________________
Signature
Print Name
_________________________ Date
Any time check in
Please
note the 3 day/2night minimum
Daily rate is $600.00 and also applies
to the date of check out. All National Holidays are subject to a 20% increase.
Check
out time is 5:00 p.m.
Date
of Arrival _______________
Date
of Departure ______________ Other Check Out time: ______________
Total
Amount - $ _______________ Rate Code*
__________________
*If
you have been provided a special rate kindly enter the amount and code that was
provided to you)
Within
one week prior to arrival date address and a access
code will be e-mailed to you.
Please
submit this Agreement to any to the following:
e-mail: stay@beach4shore.com
FAX:
(866) 802-0153
Mail:
Unity Investments, LLC, 2625 Townsgate Road, Suite
330 Westlake Village CA 91361
BILLING
Address
________________________________________________________________________________
Home
# ____________________ Cell #_______________________Work #
_________________________
Cardholder
Name: ____________________________
Card
Number: _______________________________
Exp:
______________________________________
Emergency
Contact:
Name____________________________
Telephone
_____________________________