Terms and conditions

 

Rental Agreement

Short-Term

Vacation Rental Agreement

This Vacation Rental Agreement (Rental Agreement) is made by and between the property owners (Owners), The Wine Stay, LLC (Management), and (Guest) as of the date last set forth on the registration page of the listing site. For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows:
Term of the Lease: The reservation dates as well as number of people as they ae reflected on the reservation confirmation receipt.

Check-in time is 3:00 p.m. In rare cases, early check-in may be possible. Early arrival time must be confirmed in writing by Management.

Checkout time is 11:00 a.m. and it is strictly enforced. Guests occupying the property beyond the checkout time will be charged the full rent of an additional day. This provision shall not be construed to permit Guest to stay an additional night or stay beyond the checkout time without having received prior written consent from Management.

Reservation: Payment of 50% of rent, cleaning fee, and tax (TOT – Transient occupancy tax) plus the full amount for a damage waiver is due upon booking. The remaining balance is due a minimum of 60 days prior to arrival. If full payment is not received 60 days prior to arrival, the reservation can be canceled without notice and without refund of monies paid. In the event the arrival time is within 60 days of booking, 100% of all fees are due and payable upon booking. A tentative booking will be held for five (5) days after initial request. Management reserves the right to refuse a booking for any reason.

Security Deposit: A damage waiver for $1,500 must be purchased at time of reservation. If any money is withheld from the security deposit for reasons outlined throughout this agreement, a breakdown with receipts will be provided, along with the balance of deposit, within 21 days of departure. If the premises appear dirty or damaged upon arrival, Guest should inform Management immediately.

Cancellation: Reservations may be canceled up to sixty (60) days prior to arrival or ninety (90) days prior to arrival for special event periods (Winter WINELand, Valentines Weekend, Barrel Tasting Weekend, Passport Weekend, MLK Day, President's Day, Memorial Day, July 4, Labor Day, Thanksgiving, Christmas, and New Year’s Day). To cancel a reservation, please contact Management by email. Include your booking reference number, which can be found in your reservation confirmation email from Management. Reservations canceled at least sixty (60) days prior to arrival and ninety (90) days prior to arrival for all special event periods will be refunded 100% of booking fees. Cancellations received within sixty (60) days prior to arrival and ninety (90) days prior to arrival for all holiday periods will not be refunded unless and to the extent that Management is able to rebook the canceled reservation dates for the Property. Therefore, if the rebooking is for only part of the original reservation dates, a refund for the days that are not rebooked will not be made.

Please note: Depending on the reasons for cancellation, you may be able to reclaim cancellation charges from your insurance company, if you have taken out travel insurance. Management strongly recommends that Guests (including all those who may occupy the Property at any time during the period of the Guest lease) obtain appropriate travel and personal insurance coverage.

Management reserves the right to cancel any reservation for the following conditions: 1. The Property or part of it is closed due to circumstances beyond the control of Management or the Owners. 2. The reservation prejudices the reputation or causes or might cause, in the opinion of Management, damage to the Property and its common areas.

Neither the Owners nor Management will be liable for any delay, loss, damage, or expense incurred if the Guest’s reservation needs to be altered or canceled by the Owners or Management, or the Owners or Management are unable to perform the contractual obligations as a result of events beyond their reasonable control, which shall include, but not be limited to, events such as war, civil strife, terrorist activity, labor disputes, natural or man-made disaster, fire, flood, adverse weather conditions and/or the home has been deemed uninhabitable as per current building codes.

If Management receives complaints or disputes arise, it reserves the right to terminate Guest’s stay without notice.

Please be advised that country property, while beautiful, can be unpredictable. During your stay, you might experience fluctuations in water pressure, visits from ants, spiders, and other pests, power outages and other country realities. Neither the Owners nor Management accepts responsibility for unpredicted breakdown of utilities and essential services, though we will make our best efforts to solve any problems immediately. Any inconvenience from these occurrences will not be considered cause for refund or reduction in rent.

Management reserves the right to update any of its terms and conditions at any time, as may be required and as may be in line with the company's business. It is the responsibility of all parties using the website to visit any such terms and conditions on a regular basis. By using our booking websites, it is implied that any such changes are accepted and shall be complied with.

Rental Rules: Guest agrees to abide by the Rental Rules attached as Exhibit A at all times while at Property and shall cause all members of the rental party and day visitors to abide by the Rental Rules at all times while at Property.

Rental Furnishings: Refrain from moving or relocating furnishing and/or housewares within the rental home. Please do not disconnect the TV/stereo/satellite cabling. Such conditions will result in a minimum extra charge of $150.

Rental Keys: Failure of Guest to return all keys to Management will necessitate changing the locks and keys for the safety of future guests. The entire expense to complete these changes will be deducted from guest damage insurance.

Cleaning Policy: To enhance the quality of your getaway experience, general cleaning following your departure maybe subject to additional cost post departure housekeeping fees. Please follow the Departure Checklist to avoid additional cleaning charges for abnormal wear and tear to carpets and furniture. Guest will be charged for any additional cleaning services at $50 per hour, the total charge of which will be deducted from the damage deposit.

Smoking: Smoking is NOT permitted anywhere on Property. If you smoke on Property, you will be responsible for all costs to clean drapes, upholstery, linens, and carpet as necessary to remove smoke.

Pets: Pets are not allowed under any circumstances. If you have pets at Property, you will be responsible for all costs to clean all drapes, upholstery, linens, and carpet as necessary to remove allergens, odor, or soil caused by the pet. Pets on the Property may be considered cause for Guest to vacate Property immediately and forfeit their rental payment.

Parking: Parking is limited to four (4) vehicle(s). Vehicles are to be parked in the driveway and designated parking areas only. Parking on the road is not permitted. Any illegally parked cars are subject to towing; applicable fines/towing fees are the sole responsibility of the vehicle owner.

Guest Personal Property: Neither the Owners or Management will be responsible for any loss or damage to personal belongings of Guest or visitors of Guest.

Maximum Overnight Occupancy. Maximum overnight occupancy for vacation rentals shall be up to a maximum of two (2) persons per sleeping room or guestroom, plus two (2) additional persons per property, up to a maximum of twelve (12) persons, excluding children under three (3) years of age. Vacation rentals with larger overnight occupancies may only be allowed subject to the granting of a use permit. For homes on a conditional or non-standard septic system, or those with capacity limited by a voluntary repair, the maximum overnight occupancy for vacation rentals shall be equal to the design load of the septic system. The property owner shall ensure that all contracts and online listings and advertisements clearly set forth the maximum number of overnight guests permitted at the property.

Maximum Number of Guests and Daytime Visitors. The maximum number of total guests and visitors allowed at any time in a single vacation rental shall not exceed the maximum overnight occupancy plus six (6) additional persons per property during the daytime, or eighteen (18) persons, whichever is less, excluding children under three (3) years of age. Daytime visitors shall not be on the property during quiet hours. Vacation rentals with larger numbers of guests and visitors may only be allowed subject to the granting of a use permit. Notwithstanding, maximum guest limits may be exceeded on the following national holidays: Easter, Memorial Day, 4th of July, Labor Day, Thanksgiving, Christmas Eve and Christmas, so long as the holiday event does not otherwise trigger the requirement for a special or cultural event permit.

Emergency Access: Guest shall allow Management access to the property for purposes of repair and inspection. Management shall exercise this right of access in a reasonable manner and will not intrude on the privacy of the guests without a reasonable attempt to notify guests of their need for access or unless an urgent situation arises. Please contact us immediately if there are questions or problems whatsoever that arise with the Property.

RELEASED WAIVER OF LIABILITY AND INDEMNITY AGREEMENT

IN CONSIDERATION for being permitted to enter premises as listed in booking statement (hereinafter referred to as PROPERTY) for vacation rental or any other purpose, the undersigned, for himself/herself, his/her personal representatives, guests, children, heirs, and/or next of kin, (hereinafter referred to as GUEST) acknowledges, agrees, and represents that he/she has or will immediately upon entering, and will continuously thereafter, thoroughly inspect house, stairs, decks, and entire PROPERTY and he/she finds and accepts such areas as being safe and reasonably suited for the purposes of his/her use, and the continued presence of the GUEST constitutes an acknowledgment that he/she has inspected such areas and he/she further agrees and warrants that if, at any time, he/she feels anything to be unsafe, the GUEST will immediately leave the area and advise appropriate persons.

THE UNDERSIGNED hereby RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE owners personally and/or as a company and/or corporate representatives, their members, managers, operators, officials, officers, directors, employees, owners and lessees of the premises (hereinafter referred to as RELEASEES) from all liability to the GUEST for any and all loss or damage, and any claim or demand thereof on account of INJURY to the GUEST or property or resulting in DEATH of the GUEST, whether caused by negligence of the RELEASEES or otherwise while in or upon the PROPERTY. THE UNDERSIGNED hereby AGREES TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or cost they may incur due to the presence of the GUEST in or upon the PROPERTY and whether caused by the negligence of the RELEASEES or otherwise.

WARNING: Use of barbeques, firepits, pools, hot tubs, all decks, stairs and/or inside fireplaces carry risk that may result in serious injury or death, and UNSUPERVISED USE BY CHILDREN IS PROHIBITED. Elderly persons, pregnant women, infants, and anyone subject to heart disease, diabetes, low or high blood pressure, strokes, epilepsy, or similar afflictions should not enter the pool or spa alone and without first consulting their physician. Never use the BBQ, electric fireplaces, or fire pit while under the influence of drugs or alcohol.

THE UNDERSIGNED hereby ASSUMES FULL RESPONSIBILITY FOR RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE due to the negligence of the RELEASEES or otherwise while occupying any part of the PROPERTY.

GUEST hereby certifies that they have adequate insurance to cover any injury, illness, or damage that may be caused or suffered while occupying any part of PROPERTY or else agrees to bear the costs of such damage or injury. The GUEST further certifies that they have no medical conditions that would interfere with use of stairs, etc. and GUEST or else assumes and bears the costs of all risks that may be created, directly or indirectly, by any such condition and expressly acknowledges such physical activities may be dangerous and involve the risk of serious injury and/or death and/or property damage. The undersigned further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by law and that if any provision is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

Any dispute, controversy or claim arising out of or related to this Agreement or the interpretation of this Agreement shall be settled by arbitration in accordance to the rules of the American Arbitration Association, except to the extent modified below. The place of arbitration shall be Sonoma County, CA_95448______________.

BY RESERVING THIS HOME, THE GUEST HAS READ, UNDERSTANDS THE RISKS, AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILTY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements, or inducements have been made in the acceptance of this Agreement.

Once the home is reserved, deposit made, and the “I have read and accept the rental agreement” box has been checked, this agreement will be in full force.
Exhibit A
Rental Rules

Smoking is NOT permitted anywhere on the property.

People other than those in the Guest Party listed below may not stay overnight on the property. Day visitors must leave by 10:00pm.

Quiet hours are 10:00 p.m. to 9:00 a.m.

Keep the property and all furnishings in good order. Please notify Management of any furnishings that are broken or damaged during your stay.

Only use appliances for their intended uses.

PETS are not permitted under any circumstances.

Up to four (4) vehicles are permitted. Please park only in the driveway and designated parking areas. Parking on the road is not allowed.

Daily housekeeping is available upon request for an additional charge. We strongly recommend guests reserve this service within thirty (30) days of arrival to insure availability of cleaners.

California is in a state of drought. Please conserve water usage.

The fireplace in the house is gas.


The property may be on a well and/or septic system. The septic systems are very effective; however, it will clog up if improper material is flushed. DO NOT FLUSH anything other than toilet paper. No feminine products should be flushed at any time. Should there be a backup, please use the plunger provided to clear the blockage.
Exhibit B
Sonoma County “Performance Standards”
Pursuant to the terms of our license to rent the Property as a vacation rental, Sonoma County has established the following “performance standards” to which we and our renters must adhere. We are required by Sonoma County to make these performance standards a part of our rental agreement. If it is brought to our attention that the renter or others in his/her party are behaving in a manner inconsistent with these standards, the renter and/or others in his/her party may be asked to vacate the home and forfeit their rental payment.

Maximum Number of Guest rooms. Vacation rentals may have a maximum of five (5) guest rooms or sleeping rooms. Vacation rentals with more than five (5) guest rooms or sleeping rooms may only be allowed if adequate sewage disposal capacity exists and neighborhood compatibility can be demonstrated, subject to the granting of a Use Permit. Maximum Overnight Occupancy.

Maximum overnight occupancy for vacation rentals shall be up to a maximum of two (2) persons per sleeping room or guestroom, plus two (2) additional persons per property, up to a maximum of twelve (12) persons, excluding children under three (3) years of age. Vacation rentals with larger overnight occupancies may only be allowed subject to the granting of a use permit. For homes on a conditional or non-standard septic system, or those with capacity limited by a voluntary repair, the maximum overnight occupancy for vacation rentals shall be equal to the design load of the septic system. The property owner shall ensure that all contracts and online listings and advertisements clearly set forth the maximum number of overnight guests permitted at the property.

Maximum Number of Guests and Daytime Visitors. The maximum number of total guests and visitors allowed at any time in a single vacation rental shall not exceed the maximum overnight occupancy plus six (6) additional persons per property during the daytime, or eighteen (18) persons, whichever is less, excluding children under three (3) years of age. Daytime visitors shall not be on the property during quiet hours. Vacation rentals with larger numbers of guests and visitors may only be allowed subject to the granting of a use permit. Notwithstanding, maximum guest limits may be exceeded on the following national holidays: Easter, Memorial Day, 4th of July, Labor Day, Thanksgiving, Christmas Eve and Christmas, so long as the holiday event does not otherwise trigger the requirement for a special or cultural event permit.

Per Parcel Limit on Number of Residences or Structures. Only a single residence, and legally established guest house meeting current standards shall be used as a vacation rental. Only one (1) tenant shall be allowed on-site at any given time: second residences or accessory structures shall not be leased, subleased, rented, or sub-rented separately from the main dwelling. Parcels containing multiple residences or habitable structures may only be used as vacation rentals subject to the granting of a Use Permit, except that two residences or structures may be used when the total number of guest rooms does not exceed five (5). Tents, yurts, and RVs are not allowed as a part of a vacation rental.

Required On-Site Parking. Parking shall be provided as set forth in 26-90: one (1) on-site parking space for a vacation rental with up to two (2) guest rooms or sleeping rooms; two (2) on-site parking spaces for a three (3) or four (4) guest room vacation rental. Larger vacation rentals must demonstrate adequate parking with a minimum of three (3) spaces. On-street parking may be considered.

Noise Limits. All activities associated with the vacation rental shall meet the General Plan Noise Standards contained below. Quiet hours shall be from 10:00 p.m. to 9:00 a.m.

Hourly Noise Limit Metrics, dBa

Activity Hours 9:00 am to 10:00 pm

Quiet Hours 10:00 pm to 10:00 am
  • L50 (30 minutes in any hour) 45 dBa to 50 dBa
  • L25 (15 minutes in any hour) 50 dBa to 55 dBa
  • L08 (5 minutes in any hour) 55 dBa to 60 dBa
  • L02 (1 minute in any hour) 55 dBa to 60 dBa
The sound level exceeded n% of the time in any hour. For example, the L50 is the value exceeded 50% of the time or 30 minutes in any hour; this is the median noise level. The L02 is the sound level exceeded 1 minute in any hour. If the ambient noise level exceeds the standards above, adjust the standard to equal the ambient level, up to a maximum of 5dBA above the standard, provided that no measurable increase (i.e. 1.5 dBA or more) shall be allowed.

Amplified Sound. Outdoor amplified sound shall not be allowed at any time associated with a vacation rental unless specifically permitted by a Cultural or Special Event Permit, or Use Permit.

Cultural or Special Events. Occasional special events, parties, weddings, or other similar activities over the maximum daytime occupancy (indoors or outdoors) may be permitted only with a Cultural or Special Event Zoning Permit up to four (4) times per year for a maximum one (1) year, or by Use Permit, except in the RR (Rural Residential) and R1 (Urban Residential) zoning districts where special events, outdoor events, lawn parties, weddings, or similar activities associated with a vacation rental are not allowed at any time.

Pets. Pets shall be secured on the property at all times. Continual nuisance barking by unattended pets is prohibited.

Trash and Recycling Facilities. Recycling and refuse storage bins shall not be stored within public view unless in compliance with neighborhood standards.

Septic Systems and Sewer Connections. The owner shall maintain a properly functioning septic system or sewer connection. In some cases, a per-room sewer fee may be applied.

Transient Occupancy Tax. The vacation rental owner or authorized agent shall maintain a Transient Occupancy Tax (TOT) License and remain current on all required reports and payments. Owner or authorized agent shall include the license number on all contracts or rental agreements, and in any advertising or websites.

Designated Representative. Applicant shall provide a current 24-hour working phone number of the property owner, property manager, or other designated representative to all neighbors within a 100-foot radius of the subject property boundaries, and to the Sonoma County Permit and Resource Management Department, and any change shall be reported and notice given to neighbors within 30 days. Said property owner or designated representative must be available during