Rental Contract

241 Raccoon Street

Kings Beach, CA 96143

RENTAL AGREEMENT

Guest must be an adult and will be an occupant of the unit during the entire period reserved. The premises will be occupied by only the number of people/dogs that on the contract. Occupancy of the premises by any additional persons or pet(s) is a breach of this agreement and will result in all occupants having to vacate the property without any refund and may also result in forfeiture of Guest’s security deposit at the sole discretion of TMP. The unit booked coincides with the title of the Property on www.tahoemoonproperties.com . For security reasons, this agreement does not include the physical address of the Property. This information will be given with directions prior to Guest’s arrival. NO PARTIES are allowed.
RENT: Guest agrees to pay a total amount identified on the contract. A non-refundable prepayment of $300 is due at the time of booking. Payment in full is due 60 days in advance of Guest’s arrival date. Accepted forms of payment are: check, money order, Visa, Mastercard, Discover. If payment is not received by the 60th day in advance of arrival, the reservation is not considered canceled, however Guest hereby authorizes TMP to charge Guest’s credit card for any unpaid balance.
CANCELLATION: RESERVATIONS ARE CONSIDERED BOOKED WHEN THE GUEST’S NON-REFUNDABLE $300 PREPAYMENT IS RECEIVED. To cancel this reservation, notice of cancellation MUST BE IN WRITING AND RECEIVED MORE THAN 30 DAYS PRIOR TO YOUR ARRIVAL DATE.TMP will refund the sums paid by Guest, less the $300 non-refundable prepayment. On the 30th day before Guest’s arrival date, this reservation is considered 100% non-refundable. TMP strictly enforces this policy and will make no exceptions whatsoever. To cancel this reservation, notice of cancellation. A copy of this agreement is available online at www.tahoemoonproperties.com. For this reason, TMP strongly advises Guest to purchase Travel Insurance through Rental Guardian.
TRAVEL INSURANCE: Rental Guardian offers the Ski Trip Preserver vacation rental insurance which provides coverage should you need to cancel your trip before you even depart or if your trip is interrupted. The plan also provides coverage for trip delay, baggage delay, lost or stolen personal items including sporting equipment such as skis and snowboards, emergency accident and sickness medical coverage and emergency evacuation as well as 24-hour assistance services. Please read the Description of Coverage carefully to familiarize with the coverage provided.
ACCIDENTAL DAMAGE PROTECTOR AND SECURITY DEPOSIT: Tahoe Moon Properties Inc. offers a Property Protection Program for a charge of $59 or $79, depending on the property. This damage Protection program covers up to $1500 or $3000 respectively in accidental damage to your rented unit that occurs during your covered occupancy. Tahoe Moon Properties is responsible for filing all program claims on behalf of the tenants and the tenant will be notified in writing of any such claim. Tenant verification may be required in certain cases. Tenant will be responsible for the cost of repair or replacement for all damages that exceeds the coverage limit of the Property Protection Program. The amount you pay for the Property Protection Program includes any related insurance, technology-support, service, and claims adjudication costs, along with administrative fees charged by the Tahoe Moon Properties Inc. for making this coverage available. This program does not cover intentional damage, those damages resulting from the negligence of tenant, or damages from non-compliance with the terms of this agreement. Determination of actual damages will be at the sole discretion of Tahoe Moon Properties Inc. and the program underwriter. Please see detailed program description https://insurestays.com/property-protection-guest-summary/. Important: all damage must be reported to TMP prior to, or immediately upon, check-out. Participation in this plan does not negate Renter’s responsibility for damage. The Property Protection Program is NOT mandatory. In such cases where the Accidental Protection Plan is decline, a separate security deposit in the amount of $1500.00 or $3000.00 in the form of a check, will be collected at the time of booking. This security deposit will be deposited immediately and returned within 21 days of departure, assuming no damage was incurred during Renter’s stay.
CHECK-IN & CHECK-OUT: Check in time is 4:00 PM on the day of arrival. Do not arrive at your rental early. Lock box codes WILL NOT be issued with a balance owing or without a signed Rental Agreement. Check out time is 10:00 AM. Late checkouts will be charged $50.00 for each half hour after 10:00 AM, unless other arrangements have been made with the rental agent prior to arrival. $50 per item will be charged for each lost key, garage door opener or parking pass. $200 will be charged for each lost HOA amenity key card. Each rental unit has a check-out procedure posted inside of the house. Please read and follow the check-out directions prior to departure. Please be sure no items have been left behind, we are not responsible for lost, missing or forgotten items, there is a $30 charge plus shipping fees for the return of any item. Guest authorizes TMP to charge the credit card provided at booking for this cost.

USE: Guest shall not disturb, annoy, endanger, or interfere with neighbors, nor use the premises for any unlawful purposes, nor violate any law or ordinance, nor commit waste or nuisance upon or about the premises. Any lack of compliance to foregoing use description is a breach of this agreement and as a result all occupants would have to vacate the property without any refund and may also result in forfeiture of Guest’s security deposit at the sole discretion of Owners or their agent. TMP is not responsible for the impacts of any event that may occur at a neighboring property (including but not limited to parties, large events, road construction, other construction, etc.) or otherwise close-by; that may adversely affect the Guests peaceful enjoyment of the Property. Any complaints from neighbors regarding excessive noise or other nuisances may be cause for immediate termination of the Rental Agreement and forfeiture of the Guest’s security deposit and rents. Loud or unruly behavior is restricted by local ordinance. This property may not be used for weddings, receptions, or noisy partying!

RULES AND REGULATIONS: Guest agrees to comply with all reasonable rules or regulations posted on the premises or delivered to Guest by Owner. ABSOLUTELY NO SMOKING BY ANY MEANS OR METHODS IS ALLOWED INSIDE, WITHIN 100 FEET OF THE PREMISES, OR IN FORESTED AREAS. ABSOLUTELY NO PETS UNLESS PREVIOUSLY ARRANGED IN WRITING. Any violation of this rule will result in the forfeiture of your entire deposit. Some rentals are dog friendly with prior approval. A signed copy of the dog rules must accompany your contract if you are bringing a dog. Guests with pet allergies should notify us to verify if pets have been present at the property. Absolutely no cats, birds, or exotic animals are permitted. PLEASE NOTE: We do not consider service animal “Pets”.
LOCKOUT ASSISTANCE: A $150 may be assessed for lockout assistance after hours. If TMP is not available for after-hours calls a locksmith may be required. The guest will be responsible for the set up and cost of this service.
CLEANING: After your stay the home will be inspected. Our cleaning service will perform a departure clean. We request that you leave the home picked up and starting the dishwasher or washing dishes and returning furnishings to original positions. Please do not make beds that have been used and DO NOT empty fireplace/woodstove. There is no daily maid service. Your cleaning fee will provide for the normal cleaning of your property. Any additional cleaning or excessive linen use will be charged at a rate of $50.00 per hour. Returning furniture to original positions will be a minimum of $250.
TRASH: Garbage collection occurs once per week. Garbage must not be stored outside unless it is locked in the designated “Bear Box.” All garbage must fit in the garbage cans provided ONLY. If you additional trash please call the office. Additional charges may be incurred for additional trash or if the owner is cited or given a violation for garbage, trash, or refuse not properly stored outside or strewn about the property by wildlife. Further instructions including specific collection day will be provided upon check-in.
VACATION RENTAL DISCLOSURE: Renting a single family home or condo is a VERY different experience than that of a hotel. While it is TMP’s intention to provide a consistent family vacation, the nature of the product has its idiosyncrasies. TMP is not open 24 hours a day. TMP does maintain a 24/7 emergency line, but we can not guarantee that TMP will be able to be contacted outside of normal business hours. Guests need to be familiar with the general operation of a single family home or condo. Guests must exercise sound judgment; and most importantly, read all posted information at the Property in order to assure a quality experience for the following Guest or Owner.
WHAT WE SUPPLY: The Property is, unless otherwise noted on our website, equipped and set up as a fully furnished property that will include bedding, linens, pillows, towels, an equipped kitchen (most have dishwashers), TV including cable/satellite OR internet TV, furnishings. In addition TMP will supply one roll of paper towels, two rolls of toilet paper per bathroom, and a new sponge. There will be a starting supply of dish & laundry detergents as well as a small supply of liquid soap. Guests should plan on shopping without reimbursement once these items are consumed. The property will likely have common staples (salt, pepper, foils, wraps, etc.) however these items are stocked by the Owner of the Property. Guest is responsible for replacing staples items as they are consumed. Firewood is not provided. The Property may not have all the items you may be accustomed to having in your home. If there is a special type of item you are accustomed to using please provide for those items by bringing them with you. Occupancy is based on sleeping capacity; each home may not have ample dining/living room seating to match bed capacity. You should bring personal items such as bath soap, shampoo and toiletries. Extra towels are always recommended for homes with hot tubs. Our properties do not have air conditioning.
HOT TUB: Guest hereby acknowledges that if the property they have reserved includes a hot tub, the undersigned is fully aware that the hot tub and surrounding patio/deck can be dangerous; that the deck/patio can be slippery when wet and that injury is likely to occur to anyone who is not careful. With full knowledge of the facts and warnings, the undersigned accepts and assumes all risks involved in or related to the use of the hot tub and deck/patio areas. Hot tubs in private homes are serviced and sanitized prior to each arrival, they may be temporarily unusable during guests stay due to normal maintenance procedures required to keep them clean and sanitized. Guests may be responsible for charges over and above the standard cleaning. Please report any maintenance issues as soon as noticed. Hot tubs are prone to temporary or prolonged maintenance issues beyond TMP’s control. Every effort will be made to get the hot tub working as quickly as possible. Refunds for non-operational hot tubs will be addressed on a case by case basis at TMP’s discretion. Refunds for issues with hot tubs will not exceed $20 per lodging night of non-operation – up to a maximum amount of $250. It is extremely dangerous for children, pregnant woman and people with certain health issues to be in and around hot tubs and swimming pools. If you choose to allow any of the above to be in or around hot tubs and swimming pools, you do so at your own risk and agree to hold TMP and the owner harmless.

TELEPHONES/INTERNET/TELEVISION: Not all homes are equipped with a landline telephone. A calling card or credit card will be necessary for long distance calls. Guest agrees to pay for all long distance telephone calls or pay per view television charged during occupancy of the premises plus a $30.00 handling fee, and any services hired by Guest. High Speed Internet is not always reliable in the Tahoe area. The Owner or TMP is not responsible for the operation or maintenance of DSL or other high speed internet services, regardless of what is or was advertised. Internet is spotty and may not even work at all.
UTILITIES & MAINTENANCE: TMP does assume liability for any inconveniences due to any defects or stoppage in the supply of water, gas, electricity, internet, cable/satellite or plumbing. The Owner or TMP will diligently attempt to address maintenanceor utility issues as they occur. If a maintenance or utility issue occurs that cannot be fixed in a reasonable amount of time, and significantly affects the Guests stay; the Owner or TMP reserves the right to refund at their discretion or relocate Guests to another property.
HOMEOWNER ASSOCIATIONS: When renting a property with HOA amenities the access key/card will be in the property and inventoried. You are responsible for the key/card once you check in. Please contact us immediately if the key/card is not in the property upon your arrival. There is a $200.00 fee if the key/card is not left in the property when you check out. The availability of amenities offered by HOA’s including, but not limited to, pools, hot tubs, saunas, tennis courts, club house, beach facilities, buoys, piers, etc. cannot be guaranteed. This happens rarely. Refunds will not be given if one or all amenities are unavailable. We regret the inconvenience – but this is out of our control
UNCONTROLLABLE CIRCUMSTANCES: TMP is not responsible for circumstances beyond our control which includes but is not limited to construction, public or private functions, events, neighbors, wildfire or smoke, weather conditions, road closures, snow removal delays, natural disaster, acts of God, natural fauna inside or outside of property. No rental adjustments will be given. We strongly urge guests to purchase Rental Guardian Travel Insurance which may cover certain losses.
MOUNTAIN AREA DISCLOSURE: (Summer): Forest fires are known to threaten the greater Lake Tahoe region. Controlled or natural fires can create smoke and in extreme cases evacuation. Burn restrictions are often in place; restricting the use of outdoor fire pits and certain BBQs. Our properties do NOT have air conditioning. Wild animals, most notably, bears are present. Appropriate action must be taken to avoid animal problems. Although preventative deterrent action is taken by TMP and the owner of the property during the spring and summer, rodents (most notably squirrels, chip monks, and mice) and insects (mot notably black ants, carpenter ants, and yellow jacket bees) may be present during the summer months inside and outside of the Property. Continuous mitigation of rodents and insects is often necessary and may include spraying, trapping, and other pest control activities. Should a pest problem arise, no refunds will be given until adequate opportunities to bring resolution to the problem have occurred. Subject to the Implied Warranty of Habitability and other terms herein, pest issues are not grounds for re-location or substantial refund.

(Winter): The Lake Tahoe Region can be subject to extreme weather conditions. Harsh winter storms are common and may result in difficult if not impossible travel, power outages and other service disruptions. Four wheel drive vehicles and/or chains are often necessary. TMP strongly advises that Guest purchase travel insurance as it may cover certain losses due to weather, natural disaster or acts of God.

SALE CONTINGENCY: In the event the home that you have reserved is for sale, and a party enters into contract to exchange title, the Owner and TMP reserves the right to provide the Guest with a comparable property at no additional cost to the Guest. Showings during occupancy are by appointment only at the Guest’s approval.
EXPRESS INDEMNITY: The undersigned, for himself/herself, his/her heirs, assignors, executors and administrators, fully releases and discharges TMP and the Owner of the Property from any and all claims, demands and causes of action by reason of any injury of whatever nature which has occurred or may occur to the undersigned, or any of his/her Guests as a result of, or in connection with the occupancy of the Property and agrees to hold TMP and Owner free and harmless of any claim or suit arising therefrom. In any action concerning the rights, duties or liabilities of the parties to this agreement, their principals, agents, successors or assigns, the prevailing party shall be entitled to recover reasonable attorney fees and costs.
DISPUTE RESOLUTION: The parties agree to mediate any dispute or claim arising between them out of this contract or any resulting transaction before resorting to arbitration or court action.

Mediation. In the event that a dispute arises that cannot be settled by the parties within five (5) business days, the parties agree to submit the dispute to a mediator within five (5) business days thereafter to resolve the dispute. Mediation fees, if any, shall be divided equally among the parties involved. If any party commences an arbitration or court action based on a dispute or claim to which this paragraph applies without first attempting to resolve the matter through mediation, then that party shall not be entitled to recover attorney’s fees, even if they would otherwise be available to that party in any such arbitration or court action.

Arbitration. The Parties agree that any dispute or claim in law or equity arising between them out of this Agreement or any resulting transaction which is not settled through mediation, shall be decided by neutral, binding arbitration and not by court action. The arbitration shall be conducted by a retired judge or justice, or an attorney with not less than five (5) years substantial experience with real estate law, unless the parties mutually agree to a different arbitrator, who shall render an award in accordance with substantive California law. In all other respects, the arbitration shall be conducted in accordance with Part III, Title 9 of the California Code of Civil Procedure. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. The parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. The award may be vacated or corrected on appeal to a court of competent jurisdiction for any error in applying substantive California law.

Exclusions from Mediation and Arbitration. The following matters are excluded from mediation and arbitration hereunder:

a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or installment land sale contract as defined in Civil Code §2985;

an unlawful detainer action;

iii. the filing or enforcement of a mechanic’s lien (provided the mechanic’s lien action shall be stayed pending the outcome of the arbitration);

any matter which is within the jurisdiction of a probate or small claims court; and

an action for bodily injury or wrongful death, or for latent or patent defects to which Code of Civil Procedure §337.1 or §337.15 applies.

Commercial Arbitration. Any arbitration under this Agreement shall be deemed commercial arbitration, not subject to the consumer arbitration provisions of California Code of Civil Procedure § 1284.3.

Attorney Fees and Costs. In the event of legal proceedings, including any arbitration, for the enforcement or interpretation of any of the Contract Documents, the prevailing party in such proceeding shall be entitled to its reasonable attorney fees and costs, including as costs the fees and expenses of the arbitrator(s). If a party prevails on some issues and an opposing party on other issues, the arbitrator or judge, as the case may be, shall apportion attorney fees and costs as is just and equitable in the circumstances.

NOTICE: BY EXECUTING THIS AGREEMENT YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL (EXCEPT THE RIGHT TO RECORD A LIS PENDENS). YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. PLEASE NOTIFY TMP IN WRITING IF YOU WISH NOT TO ARBITRATE.
JURISDICTION: This agreement shall be governed and construed in accordance with the laws of the State of California. California will have jurisdiction over the parties and the County in which the property is located will be the location and form for any legal action including mediation or arbitration brought concerning this agreement.
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. This Agreement shall be governed and construed in accordance with the laws of the State of California.

Tahoe Moon Properties respects the privacy of every individual who uses our website and/or books our properties. We only process and use the data obtained for the specific purposes you have authorized for your transaction, based on the rental agreement for your reservation. We do not sell customer information to third parties.

DOG RULES

If you are bringing a dog to the property these rules must be read, signed and faxed back to TMP with your contract.

Do not allow your pets on the furniture or the beds. You will be charged a minimum additional cleaning fee of $100 for the cleaning of the quilts and cushions on the furniture and your deposit could be forfeited. If you know you cannot keep your dog off the furniture TMP suggests that Guest bring sheets to cover the furniture.
Do not leave your pet unattended at the Premises. If your pet is crated, your pet can be left alone in the house but not for extended periods of time. Please do not leave your dog alone if he is going to bark, complaining neighbors will convince owners not to allow dogs in their houses.
If your dog is dirty, wet or covered with snow, please wipe the dog off before it enters the home. There are dog towels provided in the dog basket at your house.
Please walk your dog when nature calls. It is very important that you clean up your dog’s messes immediately, especially in the snow and dispose of them properly. There are scoops provided in the doggie basket. If you leave them in winter the snow makes this a difficult task. This is the biggest complaint we have from owners.
Do not allow your dog to trample landscaping or to use your neighbor’s yard as a toilet.
If there is any damage to the house, or your dog has an accident, please notify the office or leave a note on the check out sheet. We have special cleaning products for these messes.
Please remember that there are leash laws in effect in your area. Do not allow your dog to run through the neighborhood un-leashed or alone.
Remember there are bears, coyotes & raccoons that can kill your pet if left unattended!