Terms & Conditions
Welcome to Hilltop Grove Retreat’s (owners: Simon & Jodi Maierhofer, Hilltop Grove Retreat LLC) website. We are happy you are considering renting the Hilltop Villa or Penthouse Cottage for your getaway or special occasion.
Although the Hilltop Villa and Penthouse Cottage are located on a 5 acre lot, surrounded by our avocado grove, we do have (remote) neighbors. We ask you to be considerate of our neighbors while enjoying your stay.
Please accept our apologies for the lengthy, wordy and ‘lawyer speak’ terms & conditions. We are not harsh or litigious people, but our attorney advised us to protect ourselves.
Rental Terms and Conditions
Please do not proceed with a booking if you are not comfortable with these policies
1. RESPONSIBLE PARTY:
“Guest” is an adult at least 21 years of age and will be occupying the home during the entire reserved period unless other arrangements are approved in writing. Guest and occupants’ government issued I.D. must be presented upon request. Guest assumes responsibility for the actions of all occupants and visitors to the Home. Any reservation found to be obtained under false pretense will be subject to forfeiture of all payments and deposits and the party will be required to vacate the property immediately.
2. CANCELLATION:
Unless other arrangements are made at time of booking, should Guest wish to cancel their reservation, the notice of cancellation must be in writing and Guest is responsible to verify receipt and confirmation in writing.
For notice received thirty (30) or more days prior to the check-in date, Hilltop Grove Retreat, LLC will refund 100% of payments received, less 3% of the rental amount and tax. No refunds thereafter.
There are no refunds for early departures, delayed arrivals, construction activity, inclement weather, or reduction in the number of nights reserved for any reason. Trip cancellation insurance is highly recommended. If the Home becomes unavailable or unsuitable for rent for any reason whatsoever, including but not limited to, casualty loss, construction, noise, physical deterioration, or loss of utility services, Hilltop Grove Retreat’s liability will be limited to the return of all monies paid on account at the time of cancellation.
3. TERMINATION:
Hilltop Grove Retreat and its agent has the right to inspect and photograph the condition of the premises without prior notice at any time to enforce the terms of this agreement. Should Guest or any occupants violate the terms of this Agreement, Guest shall waive all rights to due process for failure to vacate the premises upon termination. Guest is notified that all individuals occupying the Home will be subject to immediate eviction procedures under State law. Hilltop Grove Retreat or its agent may enter the premises and remove Guest, the members of Guest’s party, and their belongings. Noise disturbances or use of the Home for any unlawful purpose including, but not limited to the possession, serving, or consumption of alcoholic beverages by persons less than 21 years of age, house parties or keg parties, beer pong, or use of common areas in a manner contrary to the provisions of this agreement, or the rules of the homeowner’s association, are prohibited.
4. RENTS AND PAYMENT TERMS:
10% of the total amount is due at time of booking. The reminder is due 30 days before checkin. Accepted forms of payment are major credit cards, wire transfer, or personal checks. Guest agrees to provide Hilltop Grove Retreat with a valid credit card to be used for any non-payments or damages. Should Guest fail to make the final payment in full by the due date, Hilltop Grove Retreat may in its sole discretion deem the reservation null and void or charge the final payment to Guests credit card. Should Guest utilize a different party’s credit card for payment, it must be pre-approved by Hilltop Grove Retreat. Guest assumes all liability and will be financially liable for any disputed or chargeback amounts by said party. Rates are subject to change and no refunds are given in the event advertised rental rates are reduced. If a discrepancy arises between information or rates quoted verbally, on the website, email or otherwise, the rate on the reservation will prevail. In the event incorrect information or rates are quoted due to a typographical or other error, Hilltop Grove Retreat shall have the right to refuse, cancel or limit any reservations listed incorrectly.
5. SECURITY DEPOSIT / VACATION RENTAL DAMAGE PROTECTION (VRDP):
Guest must notify host of any existing damages prior to checkin. Guest must notify host of any new damages right away. Guest is responsible and liable for all damages, even if they exceed security deposit. Hilltop Grove Retreat encourages guests to get their own insurance or vacation rental damage protection. Guest authorizes Hilltop Grove Retreat to charge damages to credit card used for payment of stay. If credit card is no longer valid or other form of payment was used, Guest is responsible to provide an alternative method of reimbursement of damages within 48 hours of notification
6. RESERVATION TRANSFERS:
Should Guest need to transfer the reservation to a substitute Guest, substitute Guest must be approved by Hilltop Grove Retreat and agree to all current terms and conditions. Hilltop Grove Retreat reserves the right to charge a reasonable transfer processing fee.
7. CHECK-IN:
Check-in time is 4:00 PM. Early check-in is allowed only with prior written approval. Entry code will be provided once all fees and charges have been collected. If for some reason, the home is not ready for check-in you will be notified. Please do not attempt to check-in or visit the home prior to notification that the home has been cleared for check-in. Please notify Hilltop Grove Retreat upon arrival so we may ensure the Home is to your satisfaction.
8. CHECK OUT:
Check out time is 11:00 AM. When possibly, host is happy to provide late check out. Otherwise, cleaning and maintenance are pre-scheduled, so adhering to the Check-Out Time is very important. A fee will be charged for each hour (or portion thereof) past the required check out time and Guest will be liable for any additional damages incurred, but not limited to the cost of supplying alternative accommodations for arriving guests.
9. CHECK OUT / CLEANING PROCEDURES:
Each Home will be inspected, sanitized, and cleaned prior to your arrival and after your departure. Guest should leave the Home in the same general condition at Check-In meaning:
a) Rubbish and discards removed or placed in the garbage.
b) Cooking and other messes cleaned up and dishwasher started.
c) Put back any furniture or items that have been moved (inside and outside the home).
d) Put all remote controls (TV, ceiling fan, fire place, etc.) back to their place.
e) Turn-off lights, heater/air conditioner, fans, appliances, etc.
f) Make sure all doors and windows are closed and locked.
The cleaning fee is for a standard cleaning only. If the home was left in a state that additional cleaning is required, fees will be charged to Guests credit card on file. A $75 per item fee will be charged for each missing remote control that is not left at the Home upon check-out.
10. OCCUPANCY:
Guest understands and agrees that Home shall be occupied by no more than the number of individuals (including children and infants) indicated on the paid for reservation. Additional guests are only allowed after prior permission by host and may be subject to additional fees. Unless otherwise agreed upon, all-day/evening guests must vacate the premises by 10:00 p.m.
11. AMENITIES:
The Home is fully furnished, and includes ready-made beds. Furnishings and amenities are not new and may exhibit signs of wear and tear. Amenities and furnishings are subject to change and may or may not be the exact same as represented due to replacement, substitution, or other reasons. Hilltop Grove Retreat provides a starter kit of soaps, dish detergent, laundry soap, shampoo, toilet paper, paper towels, and other dispensable items. If those run out, Guest may shop to replenish these items if necessary. Hilltop Grove Retreat assumes no responsibility for the quality or contents of any food products left on the premises and Guests use and/or consumption of the same is not recommended and shall be at Guest`s own risk(s). Towels and linens are not to be taken from the Homes.
12. TELEPHONES:
Landline phones are not customarily provided. Emergency medical, fire and police service can be called by dialing 911. Cell phone or wi-fi coverage are not guaranteed.
13. DISTURBANCES:
Guest and their guests shall behave in a civilized manner and shall be good neighbors, respecting the rights of the surrounding neighbors, and shall not create noise or disturbances that interfere with the quiet enjoyment of their property. Outdoor noise or noise carrying outside from inside the home should be kept to a minimum regardless of the hour and in compliance with the local Noise Ordinance.
14. GUEST`S NOTIFICATION RESPONSIBILITIES:
Guest must notify Hilltop Grove Retreat upon arrival to the home. Upon arrival, Guest shall examine the Home, all furniture, furnishings, appliances, fixtures and appearance of the property, and shall report any deficiencies upon discovery. Guest also agrees to immediately notify Hilltop Grove Retreat of any occurrences that may cause damage to the property or adjacent Homes and to take any necessary measures to mitigate damage. Otherwise Guest may be responsible for damages for failure to do so. Guest acknowledges that unless Hilltop Grove Retreat is notified on the day of check-in of any damage or cleaning concerns, Guest will be liable. All damages, breakage, lost or missing items during the occupancy will be Guest`s responsibility and must be reported to Agency prior to departure.
15. MULTIPLE HOME RENTALS:
Should Guest or acquaintance of Guest rent the Hilltop Villa and Penthouse Cottage, no items shall be moved from home to home.
16. GARBAGE:
Guest shall place all food scraps in the garbage and not sinks. All waste generated during the rental period must be disposed of in a lawful manner in trash bags and in the receptacles provided. Guest is cautioned not to leave trash outside for long periods of time because it attracts pests. Contact Agency for any hauling needed or concerns.
17. SUBLEASING:
Guest shall not sublet the property.
18. SMOKING:
No smoking is allowed on the premises. If smoking does occur on the premises, Guest may be evicted and is financially responsible for all damage caused by the smoking including, but not limited to, stains, burns and the cost of odor remediation and removal and replacement of damaged property.
19. PETS:
Pets are welcome without prior approval. If an unauthorized pet is found on the premises, Guest may and/or pet may be evicted and Guest is responsible to remedy any and all pet damages and the cost of remediation, including pet allergen remediation, flea remediation and reimbursement to Hilltop Grove Retreat. This includes any refunds or costs necessary to relocate or compensate for the relocation of future guests until remediation is completed.
20. TRANSIENT OCCUPANCY:
Guest expressly acknowledges and agrees that this Agreement is for transient occupancy of the Home and that Guest does not intend to make the Home a residence or household.
21. OWNERS PROPERTY:
Guest agrees not to access the owner`s storage area, even if unlocked, which contains the owner’s personal property and may contain cleaning supplies and chemicals that could be hazardous to children and adults.
22. FIRE EXTINGUISHER:
The Home is equipped with a minimum of one (1) fire extinguisher. It is the duty of the Guest to locate fire extinguisher, notify all other occupants of the location, and inform management immediately should the fire extinguisher be missing, or be less or become less than fully charged.
23. SMOKE DETECTORS/ CARBON MONOXIDE DETECTOR:
The Home has smoke detectors and a carbon monoxide detector installed and they are believed to function properly at the time of rental. Guest will notify management without delay if detectors are missing, uninstalled, “chirps” or have a low battery condition.
24. PARKING:
Guest are asked to parked at location described in the Hilltop Villa or Penthouse Cottage guide.
25. SECURITY:
Guest shall see to their own and to the Home security by locking doors, windows, garage doors, etc. when it`s prudent to do so and always when the home is unoccupied.
26. NEW LOCKS OR ALTERATIONS:
Guest shall not make or permit to be made any alterations to the Premises or change or add any lock without the prior consent of Agency.
27. LOST ITEMS:
Hilltop Grove Retreat shall bear no responsibility for lost, stolen or abandoned items. Every reasonable effort will be made to contact the Guest for return. There will be a minimum $25.00 handling charge plus shipping costs for any found items returned at Guest`s request. Hilltop Grove Retreat shall not be held liable for the condition of said items. Any items not claimed for longer than 30 days may be donated or sold.
28. TV/CABLE/INTERNET/SATELLITE:
Services are provided as a convenience only and are not integral to this agreement. No refund of rents shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences in regard to service.
29. AIR CONDITIONING / HEATING:
Guest agrees that Air conditioning shall not be set below 72 degrees and heat shall not be set above 78 and that the fan setting shall be “Auto”. Doors and windows shall be closed when either heat or air conditioning is in operation. There are no refunds for lack of or malfunctioning HVAC Homes.
30. POOL AND SPA:
Hot tub heating is included. The pool is not heated. Guest understands that the area surrounding the pool and spa may not be fenced or secure. Guest also understands and agrees to be responsible and liable and will pay Hilltop Grove Retreat upon request for any damages that occur to the pool and spa and related systems because of tampering, misuse, and/or negligence.
31. CHARGING ELECTRIC VEHICLES:
Utilizing electrical outlets to charge vehicles is prohibited without preapproval in writing. Guest will assume any and all liability and be subject to additional fees in this event.
32. SYSTEM(S) / FURNISHING / AMENITY FAILURES:
In the event, the rental Home sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, hot tub or other system or structural systems, furnishings or amenities, Hilltop Grove Retreat will make every reasonable effort to repair or replace the failed system or equipment, and in such event, Guest agrees to permit Hilltop Grove Retreat or its service provider to have reasonable access to the Home to inspect and make such repairs. Hilltop Grove Retreat shall be liable to Guest for damages, and no refunds will be given for such failures.
33. NOISE AND NOISE TRANSMISSION:
Although the Hilltop Grove Retreat is very private, Guest is aware that the Hilltop Villa and Penthouse Cottage are subject to noise from nearby residences/businesses/traffic and or construction. I
34. OTHER OCCURRENCES:
Hilltop Grove Retreat does not accept liability for any loss or damage caused by but not limited to the following: weather conditions, natural disasters, pests, construction disturbances, pandemics, acts of God, or other reasons beyond its control. There shall be no refunds of rents because of shortened stays, ruined expectations, or departures due to work and family emergencies, illness, unavailability of any or all parts of the Home, or any other reasons. It is highly recommended that Guest purchases travel insurance.
35. WAIVER OF LIABILITY:
Guest understands that there are special risks involved for anyone, particularly children who are not carefully supervised, person(s) intoxicated, on any kind of drugs or medication, with health risks, or if pregnant. Guest agrees to explain the risks of the presence and use of Special Features (i.e. hot tub, decks, balconies, pool, etc.) to all occupants at the Home. Guest agrees to instruct all guests on-premises to not access any off-limit, or unsafe sections of the property including roof-tops. Swimming pools and spa may not be fenced. Even if so, special care should be taken. Guest agrees to assume all responsibility to make all occupants aware of risks and for the consequences of those risks and to be fully and solely responsible for any accidents that may occur. Guest agrees to waive any claim whatsoever against Hilltop Grove Retreat for accidents or claims.
36. RESERVATIONS ARE NOT FULLY GUARANTEED:
If for any reason, the Home is not available or becomes unavailable or uninhabitable for the reservation dates, the sole remedy for any perceived damages, liability, or inconvenience is a full refund of the rental amount upon Guest cancellation. It is highly recommended that Guest considers the purchase of travel insurance.
37. HOLD HARMLESS:
The Guest and all occupants shall hereby indemnify and hold harmless Hilltop Grove Retreat against any and all claims of personal injury, property damage, or loss arising from the use of the premises regardless of the nature of the accident, injury or loss. Guests also expressly recognize that any insurance for property damage or loss which the Landlord may maintain on the property does not cover the personal property of Guests, and that Guests should purchase their own insurance if such coverage is desired.
38. ADDITIONAL TERMS AND CONDITIONS:
The undersigned, for himself/herself, his/her heirs, assignors, executors, and administrators, fully releases and discharges Hilltop Grove Retreat and owners from any and all claims, demands, and causes of action by reason of any injury or whatever nature which may have occurred to the undersigned, or any of his/her occupants or guests as a result of, or in connection with the occupancy of the premises and agrees to hold Agency 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 assignees the prevailing party shall be entitled to recover reasonable attorney fees and costs.
39. WRITTEN EXCEPTIONS:
Any exceptions to the above-mentioned policies must be approved in writing by Hilltop Grove Retreat in advance.
40. DISPUTES:
Any disputes under this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any action relating to this Agreement shall be filed only in the San Diego County court in California in which county the Home is located. Both parties’ consent to the exclusive venue and jurisdiction of such court. Guest agrees to pay all reasonable costs, attorney`s fees and expenses that shall be made or incurred by Hilltop Grove Retreat enforcing this agreement.
41. CONSENT & SIGNATURE
Facsimile signatures are deemed original signatures and approving online terms and conditions constitute approval of the terms and conditions.
42. CREDIT CARD AUTHORIZATION:
Guest agrees to provide Hilltop Grove Retreat with a valid credit card for the duration of the reservation. Guest is providing the credit card as a guarantee. Guest certifies that he/she has read and agrees to abide by the terms of this agreement, and agrees to pay and authorize Hilltop Grove Retreat to charge any rental amounts, taxes, security deposits, extra cleaning, missing property and any damages not covered under the Security Deposit Protection and fines or charges pertaining to violations of the rental agreement. Guest understands that all credit card sales are final. Should Hilltop Grove Retreat be unable to recover costs from the credit card on file, Guest is responsible to provide an alternative method of reimbursement within 48 hours of notification.
43. ELECTRONIC CONSENT:
By checking the box and clicking on the “I AGREE” button, Guest is consenting to the use of an electronic signature in lieu of an original signature on paper. Guest has the right to request to sign a paper copy instead. By checking the I AGREE button, Guest waives that right. After consent, Guest may, upon written request to Agency, obtain a paper copy of the electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Guests agreement to use an electronic signature for any documents will continue until such time as Guest notifies Hilltop Grove Retreat in writing that you Guest longer wishes to use an electronic signature. There is no penalty for Guest withdrawing this consent. Guest should always ensure that Agency has a current email address on file to contact Guest regarding any changes, if necessary.