Terms and Conditions – California
Terms & Conditions for California 2022
Revision: 20220602
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. “The Property” means the home, house, or property that has been booked via the reservation. “Guest or Guests” is 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 signifies 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 reside in or occupy The Property for 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 alone. A responsible person identified in the rental reservation over 25 years of age should always be present at The Property to be responsible for persons under the age of 25 years old. {BXCERTIFYOVER25YEARS}
- Guests cannot rent The Property on behalf of other guests or under-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 must immediately vacate The Property.
4. Documents Required to Validate Reservation
- To validate the reservation, the Guest making the reservation must send by email all required documents listed below:
- Rental Agreement signed
- A legible copy of a driver’s license
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 Property for 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 the Name of the Lead Guest on the reservation making the payment, Name on the Credit/Debit card used, Name on Photo I.D., and Name on the Billing Statement.
6. Condition of The Property
- Aunger Vacation Homes has and will, to the best of its ability, give an accurate description of The Property and its condition. Guests understand that it is reserved “sight unseen.” Our cleaning staff will have cleaned it before your occupancy. All electrical, plumbing, and appliances should be in working order. The failure 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 the 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 tradespeople attend to the problems; the team may not be able to fix everything over holidays and weekends. Under no circumstances will any rental money be refunded or returned because of the condition of the house. The Guest agrees to hold 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 {BCHECKINTIME} and check-out is promptly before {BCHECKOUTTIME}.
- 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. 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 Aunger Vacation Homes is 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 up to 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 a welcome guide. Check-in access codes will be generated and released four hours prior to the Guest Arrival date.
- The check-in procedure is completely electronic for the 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 WHATSOEVER, and any failure to adhere to this will result in a minimum $1,000.00 penalty charge. {BXNOPETSALLOWED} {BXNOPETSALLOWEDCONT} {BXNOSMOKINGINITIAL} {BXNOCONTSMOKINGINITAL}
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 administered 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 on 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 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 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°F (25°C) by the guests. Setting the temperature above 75°F 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.
13. Cleaning
- Included in the Aunger Vacation Homes’ rental, there is a one-time departure cleaning fee.
- The cleaning is done after the departure of a guest from The Property. Cleaning does not include regular dishes and 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 always.
- Guest is aware and agrees that the 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 stains on the carpet and linen or any other furniture such as sofa, mattress, or 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 14 days of stay, a cleaning service needs to be added to the Guest’s stay. Guest agrees to pay for the additional cleaning and allows the cleaning staff to have access to The Property. The 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 of any type in The Property. Moving 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 and fridge freezers are not permitted to be taken to The Property. Bringing these items may cause damage to The Property and 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 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 purpose, including parking. The HOA may enforce removal 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 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 booking agree not to use The Property for any illegal or commercial purpose, including subletting. Subletting, sharing, or assigning to other people is prohibited. Any change to persons on this agreement after making the reservation must be reported in writing for insurance purposes. The villa is self-catering. While Aunger Vacation Homes provides a starter set of supplies, the Renter is responsible for purchasing additional supplies during the stay.
- The rental period will begin and end on the dates 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. Any guest having an event, party, or gathering in The Property, or exceeding the authorized number of guests, will be removed without refund. If it is discovered upcoming guests are hosting a party, event, or gathering, 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 Time onwards. Disruption of peace and quiet, neighborhood complaints, or any violation of rules is sufficient cause for immediate termination of the Guest’s stay and removal without refund.
- Aunger Vacation Homes does not own adjoining properties. If a neighboring property is breaking quiet time rules, please contact neighborhood 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. 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, nor The Property sublet. No locks may be broken, changed, or added; no keys may be duplicated.
- The Property must not be used for amateur or professional videos without prior written consent.
- No business may be registered to or operated from The Property by guests, whether on a permanent or temporary basis.
- The rental Property maintains locked areas (such as closets, safes, and garages) for storage of personal belongings. These areas are not intended for guest use and will not be accessible.
- RV campers, enclosed trailers, or tents are not allowed on or near The Property, as set forth by 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 for errors or omissions.
- Aunger Vacation Homes and/or its representatives may enter The Property as reasonably necessary for protection or inspection; for maintenance, repairs, or other services; for viewing by prospective buyers; or for any emergency, with such notice as Aunger, in its sole discretion, deems appropriate.
- Aunger Vacation Homes cannot accept any liability for disruption to your vacation caused by construction or building activities, including noise or dust. No refund or compensation will be given for such disruption.
- Properties are situated in residential areas where refurbishment work may be happening on a neighboring property over which we have no control and for which we may not receive prior notice.
- 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 alternative accommodation in such circumstances.
- Absolutely at no time should glitter, party spray string, temporary color dyes, or similar be used in the house. Extra cleaning and damage charges will apply.
15. Weddings, Corporate Events, Groups or Gatherings
- Parties, weddings, corporate events, or any group gathering are strictly prohibited in all properties unless prior permission has been granted. Violation will result in Aunger Vacation Homes being entitled to:
- (a) evict the Guest from the villa with immediate effect (no refund); and/or
- (b) invoice the Guest for the additional charge that would have been payable had prior permission been granted. Such invoices shall be payable within 14 days of receipt.
16. No Smoking
- Without exception, The Property is strictly non-smoking in, around, or near The Property. This includes, but is not limited to, tobacco, marijuana, vape pens, vaping, cartridges containing liquid nicotine, hookahs, cigars, or any lighted inhaled material.
- Any damage caused by smoking is 100% the responsibility of the guest on file. Failure to comply will result in removal without refund and loss of the security deposit or a charge to the Guest’s credit card if no deposit is in place to cover deep clean costs. The minimum fine for smoking is $1,000.00. {BXNOCONTSMOKINGINITAL}
17. No Illegal Drugs
- No illegal drugs shall be brought on to or allowed on The Property. Possession or use is grounds for immediate eviction and forfeiture of payment. Guests waive all rights to recourse against Aunger Vacation Homes for enforcing this clause.
18. Firearms
- 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.
19. Pets
- Absolutely no pets are allowed. Failure to comply will result in removal without refund and loss of the security deposit or a charge to the Guest’s credit card if no deposit is in place to cover deep clean costs. The minimum fine for having pets is $500 plus taxes per pet, and the guest may be additionally charged for any pet stain or other damages. The rental contract will be terminated. {BXNOPETSALLOWEDCONT}
20. Service Animals
- Certified to ADA requirement 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. The guest/owner of the service dog or support pet must be responsible for the sanitary condition of The Property and damages.
21. Fireworks
- Fireworks and other hazardous materials shall not be used in or around The Property. Under California law, only certain approved fireworks 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 service outages beyond the control of Aunger Vacation Homes. Please report outages as they occur. No refunds or compensation will be given for outages beyond Aunger Vacation Homes’ control.
23. Spa / Hot Tub & General Safety
- Aunger Vacation Homes cannot accept responsibility for guests’ personal safety during their vacation. Exercise care as to the personal safety of yourself and companions. Use of the Spa/Hot Tub and any community pool, tennis court, and recreation area is entirely at guests’ own risk.
- No lifeguard is on duty; Spa/Hot Tub is used at 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 should not be allowed to use features intended for adults (gyms, saunas, billiard tables, etc.).
- A complimentary outdoor barbecue grill is provided free of charge and is used at the Guest’s own risk. Guests will be held responsible for any damage caused by use or misuse. Only use the grill in open, outdoor areas; do not use in 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 $50 cleaning charge if the grill needs professional cleaning.
- If ever in a life-threatening situation, call 9‑1‑1 immediately before contacting Aunger Vacation Homes.
24. Allergens
- Aunger Vacation Homes is unable to guarantee a peanut-free or allergen-free Property. We cannot prevent previous guests from bringing peanuts or products containing peanuts, and remnants may remain.
- 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. Take pictures from a safe distance. Common wildlife includes, but is not limited to, bears, snakes, raccoons, foxes, and coyotes. Feeding wildlife is dangerous and illegal.
- Feeding of bears in California is illegal. It is also illegal to feed raccoons, foxes, and coyotes.
- 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 such encounters, inside or outside.
- Every Property is inspected for pests. If pests are suspected, contact Aunger Vacation Homes immediately; a third-party pest control company may inspect and treat if necessary.
26. Localized Construction
- From time to time, other owners, homeowner associations, or utilities might start or undertake local construction without our knowledge. Aunger Vacation Homes has no ability to affect or intervene and is not responsible for any actions of other property owners, associations, or utilities.
27. Personal Items Left Behind – Lost and Found
- Aunger Vacation Homes is not responsible for any lost or personal items left behind.
- If an item is found, the Guest will be advised and given contact details of a local company that specializes in collecting and mailing deliveries. The Guest is responsible for arranging collection, shipment, delivery, and any other costs incurred.
- Unclaimed items will be kept no more than 7 calendar days from departure and may be donated or disposed of thereafter. The reservation holder must present valid identification to pick up or authorize a third party in writing.
28. Basis of Rental
- Each rental Property comes with a fully equipped kitchen (refrigerator, freezer, oven, range, microwave, dishwasher, toaster, coffee maker, blender, cookware, dishes, glasses, utensils), full-size washer and dryer, iron, and ironing board. Linens and towels are included.
- Vacation rental properties are self-catering accommodations. A complimentary starter kit (shampoo, conditioner, soaps, toilet paper, trash bags) is provided. Once used, it is the Guest’s responsibility to replenish.
- Aunger Vacation Homes manages privately owned individual rental properties within communities and cannot guarantee access to any amenities such as swimming pools, golf courses, fitness rooms, tennis courts, and restaurants. Aunger Vacation Homes is not liable if access to any such amenities is restricted.
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 beyond those provided above, including long-distance calls outside the United States and Canada; 900 number calls; etc.
- The Guest is responsible for the whole amount of the reservation/booking including optional extra services and fees and no chargebacks will be honored.
- No chargebacks for credit or debit cards are allowed at any time; the Guest agrees to pay all fees and costs of the reservation/booking.
- Pay-per-view cable or streaming charges in addition to the basic cable provided.
- Excess linens used.
- Fines or summons imposed by the County or the State of California because of guest actions.
- Fines imposed by the homeowner association because of guest actions.
- Any damage to The Property or its contents.
- Excessive electricity or water usage.
- Extra-person per-night charges for the number of guests over our standard occupancy of the rental agreement and up to the legal maximum allowed in the house, or over the number of guests listed on the reservation or rental agreement (whichever is greater).
30. Security & Security Cameras
- In the case of a security emergency, call 9‑1‑1. For safety, always keep all windows and doors closed and locked. Aunger Vacation Homes is not responsible for damages or stolen personal items. It is the Guest’s responsibility to properly secure The Property when leaving.
- If any unauthorized person tries to contact a Guest, please contact us immediately. Do not give access to any unauthorized person or persons.
- If the house is 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 covering all outside areas and in the garage, as well as a video/audible doorbell. These cameras protect guests, The Property, and Aunger Vacation Homes from potential issues, break-ins, and theft. There are no cameras inside living areas such as bedrooms or living rooms.
31. Internet Access
- Complimentary internet access is provided as a courtesy. Service is not under our control; Aunger Vacation Homes cannot be responsible for interruptions. We will do our best to troubleshoot issues and notify the provider. Refunds will not be given for internet-related issues. Information needed to use the internet (password/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 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 travel/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.
{BXTRAVELINSURANCE}
33. Severe Weather Policy
- Aunger Vacation Homes does not offer refunds or reschedule trips due to severe weather activity. Guests concerned about possible interruption, cancellation, or delayed travel due to severe weather are strongly encouraged to purchase optional trip insurance at the time of booking or at least 45 days prior to arrival. 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 may include moving outdoor furniture and décor indoors. We will make every effort to ensure prior communication and minimize inconvenience.
34. Force Majeure
- Aunger Vacation Homes will not be liable for any failure to perform or delay in performance of obligations under these Terms or any delay to, or during, your holiday that is caused by an event out of our control (Force Majeure).
- 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 (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 our control and contemplation in which The Property might not be available. Examples include but are not limited to destruction of property, sale of property, water/gas/sewer leaks, fire, or any other damage making it (potentially) uninhabitable. We will do our best to make alternative arrangements with a comparable property. If unable to do so or the alternative is not acceptable, we will refund all monies paid. If the Guest accepts alternative accommodation, they agree to relocate back to the original Property when deemed available. This is the full extent of our liability; we will not be responsible for other costs connected with such cancellation.
- If a Force Majeure takes place that affects performance of our obligations, we will contact you as soon as reasonably possible.
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 and conditions, cancellation policy is:
As per the booking policy on the booking site: {BSOURCE}
{PCANPOL}
{PCANPOLLEGAL}
All cancellations are subject to a credit card cancellation fee, based on the fee the credit card company charges, which will be deducted from the total refunded.
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 the cancellation policy would apply.
- If the length of stay is 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 below this minimum.
- Cancellations 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, 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 for errors or omissions.
- Please consider 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 will not be provided.
37. Complaints
- 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.
- If Aunger Vacation Homes is unable to resolve the matter, details must be notified in writing within 7 days of the end of your stay. Failure to do so will affect Aunger Vacation Homes’ ability to investigate and will result in us being unable to consider the 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 and do not affect 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 is invalid or unenforceable, it shall be construed to permit enforcement; otherwise, the 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 not relying 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 is limited to actual financial losses and, as governed in this agreement, reasonable attorneys’ fees and costs. If Aunger Vacation Homes employs an attorney due to Guest’s violation, Guest shall be responsible for all costs and reasonable attorneys’ fees. Both parties waive the right to demand a jury trial concerning any litigation between them. 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 constitute non‑punitive and difficult to forecast damages.
- Chargebacks: Guest waives any right to dispute a credit or debit charge, request or demand a chargeback, or dispute that a detailed item description was provided, contact information was clearly and prominently displayed, and grievance policy instructions were provided. {BXCERTIFYOVER25YEARS}
- 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; any benefits received are merely incidental.
- Conflict of Terms: In the event of any material conflict between 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 credit card dispute process and civil litigation, shall be settled by arbitration administered by the American Arbitration Association with one Arbitrator in Nevada County, California. Judgment on the award may be entered in any court with jurisdiction.
- Litigation Terms: For litigation between the parties not subject to the arbitration clause, the courts of the State of California shall be the exclusive forum (unless exclusive Federal jurisdiction exists). 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, BBB, administrative, or other complaints and litigation arising out of this agreement or otherwise.
- Equipment/Service Failure: Aunger Vacation Homes does not accept liability for equipment failure and/or services. Notify Aunger Vacation Homes within one working day so we may attempt to rectify.
- Lost/Stolen Property: Aunger Vacation Homes does not accept liability for lost or stolen personal property. Advise the appropriate authority first, then contact Aunger Vacation Homes.
- Personal Loss/Injury: Aunger Vacation Homes accepts no liability for personal loss or injury during the rental period.
- Resort Amenities: Aunger Vacation Homes accepts no liability for restricted or no access to any resort amenities during the rental period.
- Reservation Cancellation by Aunger Vacation Homes: We reserve the right to cancel the reservation. If such cancellation occurs, we will return all sums of payments, without interest or compensation. In the event a major change becomes unavoidable, we will inform Guest as soon as possible. If Guest does not accept the change, we will cancel and return all payments, without interest or compensation.
- Accident/Illness: All guests understand and agree that Aunger Vacation Homes cannot accept responsibility in case of accident or illness whilst on The Property.
- Force Majeure/Acts: Aunger Vacation Homes does not accept liability for acts of violence, nature, fire, flood, war, civil disobedience, riot, or other force majeure.
- Public Supplies: Aunger Vacation Homes cannot accept liability for failure of public supplies (water, electricity, gas) or for consequences of actions/omissions of persons who supply or control main services, or any action by any authority over which we have no control. We cannot accept liability for heating system, telephone, internet, hot tub heater, or any household appliance breakdown. Urgent steps will be taken for a local engineer to rectify any problem.
- Unforeseen Events: No responsibility or liability for loss/damage/alteration in terms of a reservation caused by events beyond our control, including war, terrorist activity, civil commotion, flight delays or cancellations, airport closure, adverse weather, fire, flood, or industrial dispute. No credit for shortened stays due to late arrival or early departure, and no credit for cancellation due to weather conditions.
- Disputes: 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. {BXCERTIFYOVER25YEARS}
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 at least 6 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.
41. Disclaimer
- 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 Guests are responsible for exercising care when using any surface at any time, whether wet due to slippage, weather, or liquid infiltration.
- Aunger Vacation Homes is not responsible for any personal injury or loss or damage to Guests’ property caused directly or indirectly by inclement weather, Acts of God or nature, failure of heat, accidents related to fire/heaters/stoves, or 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 Aunger Vacation Homes responsible for any damages or claims of any kind resulting from their stay.
42. Firearms and Dangerous Projectiles
- Firearms and dangerous projectiles are not allowed at any of the vacation homes without prior approval of Aunger Vacation Homes. The discharge of firearms, air rifles or pistols, CO2 guns, bows and arrows, slingshots, or any potentially hazardous projectile within the communities or on property is prohibited.
Just a Reminder
- Strictly no pets.
- No smoking on any part of The Property area.
- No parties or gatherings.
- Only guests listed on this agreement are allowed.
- Additional Guests/Visitors: No guests other than those advised at the time of the reservation shall stay or visit without prior consent. No parties are to be held without written consent.