SHORT TERM RENTAL AGREEMENT
RULES AND REGULATIONS-TERMS OF SERVICE
(This will be emailed to you through DocuSign for you to sign per owners request)
Definitions: 1) Owner- Owner of the property. 2) Agent- Manager of the property. 3) Renter- The person whose name the reservation is under. 4) Guests- Group that accompanies the primary Renter.
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ARRIVAL time is 4:00 pm | DEPARTURE time is 11:00 am If you want to check in anytime earlier than 9:00am, this will require the Agent to block the night prior to allow early check-in properly at the rate of $150. If you want an early check-in at 12:00pm, this will also require the Agent to block the night prior to allow early check-in properly at the rate of $100.00. If you want an early check-in at 2:00pm, the rate is $50.00. You must call or message ahead to make sure the home is properly sanitized and ready. Do not enter the rental early without permission. To prepare the home for the next guest, allow us to have ample time to properly sanitize. Late check-outs are not permitted and will be charged at the rate of $50 automatically for each hour past 11am CT. Unless explicitly discussed and agreed with the Agent for a late check-out time and additional fee added. Additional penalties may include daily, or nightly rental fees and/or loss of revenue incurred by the Agent due to the Rental Property not being available for the next group of Renters. We do ask that if you plan to leave prior to your scheduled departure date and time, that you notify us by phone or by e-mail: info @ North Padre Island Vacations . com
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NO SMOKING unit: SMOKING IS STRICTLY FORBIDDEN INSIDE RENTAL PROPERTY. Renters must also comply with all smoking restrictions in or around the Common Areas or Common Facilities. Evidence of smoking inside or the smell of smoke inside the property will result in immediate eviction, forfeiture of all amounts paid and will result in additional cleaning fees being charged to the Damage Credit Card(s).
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PETS: PETS ARE WELCOME UNLESS OTHERWISE NOTED DUE TO THE OWNER’S AGREEMENT OF THEIR RENTAL PROPERTIES. Any evidence of pets in Rental Properties that are not allowed, may result in immediate eviction, forfeiture of all amounts paid, and additional cleaning fees being charged to the Damage Credit Card(s).
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USE RESTRICTIONS: Property shall not to be used for parties, or for gatherings beyond the registered number of guests. Rental of this property is limited to use by family groups. The primary Renter must be at least 25 years old. Agent may require proof of primary Renters’ age as demonstrated by a valid driver’s license, passport, or other government-issued photo identification. If Agent discovers that the primary Renter fails to meet this minimum age requirement, Agent may immediately evict the Renter and Guests. All payments made by primary Renter will be immediately forfeited. The person(s) (Renter) signing the contract must be present during the rental period.
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EXCESSIVE NOISE: All Rental Properties are in a quiet residential neighborhood. Quiet time is from 11:00pm -08:00am, or as may otherwise be required by the rules of the homeowner association (if any). Renters agree not to undertake any activities that interfere with their neighbors' right to quiet enjoyment of their property. Renters agree to fully comply with local noise regulations and to use common sense in keeping noise volume low after dark. Any enforcement actions by local law enforcement and/or homeowners association are at the Renters sole risk and expense and may result in additional charges or immediate eviction without refund of any deposits or rents.
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ARRIVAL CONDITION: The home is inspected for cleanliness and pictures are taken before your arrival. Please report anything that is not in acceptable condition within one hour of your arrival. Anything not reported in that time frame will be deemed acceptable.
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DAMAGE DEPOSIT BOOKING THROUGH NORTH PADRE ISLAND VACATIONS WEBSITE: $250.00 accidental damage deposit coverage is required and will be on hold to the credit card used to pay for the property. This deposit is due 1 day before arrival. The Agent has up to 7 business days following your checkout date, to determine potential charges for damages to the property. If there are damages, the $250.00 will be credited towards the dollar amount of the damage. After the 7 days has passed and there are no damages to the property, the credit card will be refunded $250.00.
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DAMAGE DEPOSIT BOOKING THROUGH THIRD PARTY – To include but not limited to Airbnb/VRBO. When booking through a third party, the third party website may or may not hold a damage deposit. Renters booking through Airbnb/VRBO are REQUIRED to have a credit card on file with North Padre Island Vacations. North Padre Island Vacations will NOT place a hold on the card; however, the credit card will be charged in the event that damages are discovered post checkout.
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RATE CHANGES: Until a reservation is accepted, and the advance deposit is received, rates are subject to change without notice.
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PAYMENTS: A summary of the total payment due for your stay is provided as part of the reservation request. The total is subject to change based on the selection or deselection of deposits and/or optional fees, discounts, or services. A confirmed total will be emailed to you once the reservation is accepted. When booking through North Padre Island Vacations, An ADVANCE PAYMENT of 50% is due at the time of booking your reservation. (Request for 100% payment is optional) The remaining balance is due 15 days prior to arrival. The advance payment will not include a damage deposit depending upon the method of booking the reservation as previously addressed in section 7 & 8. The advance payment portion will be applied toward the total rental fees.
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CANCELLATIONS: If you made a reservation through our website, North padre island vacations . com, Cancellations that are made 30 days before arrival or earlier are 100% refundable. Cancellations that are made 15 days prior to arrival are 50% refundable. Cancellations that are made less than 15 days prior to the arrival date are not refundable. Reservations made through Airbnb or VRBO will abide by the cancellation policy chosen by the property owner on those particular sites.
Agent may permit the renter to change a reserved rental period for another rental period with an equal or lower daily rate than was originally reserved with no penalty. Requests are solely based on the discretion of the Agent. Early departure does not warrant any refund of rent or deposit. Should the original Renter who made the reservation depart early, the owner reserves the right to continue the reservation with the remaining guests or cancel with no refund of rent or deposit. Agent and Owner reserve the right to cancel the reservation for any reason for instances such as but not limited to: an act of god or sale of the property.
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MAXIMUM OCCUPANCY: Advertised maximum occupancy of the chosen home must be strictly adhered to. If maximum occupancy is exceeded, you may be asked to vacate the property and forfeit any rental payments.
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ASSIGNMENT OR SUBLETTING: Renter will not assign this agreement or sublet any portion of the property.
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NO DAILY CLEANING SERVICE: Linens and bath towels are included in the unit. Daily cleaning service is not included in the rental rate but can be requested for an additional fee.
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MAINTENANCE AND DAMAGE: We strive to ensure that all facilities are in good repair, and everything is in working order, however, there may be an occasion when an amenity is unavailable, is out of order, or breaks down during occupancy. We will do our best to make repairs or replacements, but if neither is reasonably possible due to time or availability of parts or service, we cannot guarantee these items and will not make refunds based on malfunctions or circumstances beyond our control.
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ENTRY, INSPECTION or EVICTION: Owner/Agent will have the right to enter the premises (a) in case of an emergency, (b) to make necessary or agreed repairs, alterations, improvements, supply necessary or agreed services, show the premises to prospective or actual buyers, tenants, workers or contractors, (c) when Renter has abandoned or left the premises or (d) when eviction is necessary due to breach of contract.
In the case of (b), entry may only be made during normal business hours and with prior notice to the renter.
In the case of (d), ALL Renters and Guests must vacate the rental property within 60 minutes of the Agent’s arrival to notify of eviction. If Renter or Guests are present when Agent arrives, up to 60 minutes will be allotted to immediately remove all personal property and exit the rental property. If Renter or Guests are not present or personal property is not removed within 60 minutes, the Agent will photograph, inventory and store it in the property. Charges in excess of the eviction fee may apply if items are required to be removed by the Agent. The primary Renter must claim any stored personal property within 30 days. If not claimed, the personal property will become the property of North Padre Island Vacations LLC.
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HOLIDAY/PARTY DECORATIONS: Renter and Guests may decorate for special occasions at their own expense but must remove and dispose of these decorations prior to departure. Christmas trees may not be left behind as the trash company will not pick them up. There will be a $50 fee for the disposal of such items left by Renter or Guests.
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LOCKED CLOSETS: Owners have locked closets for their personal possessions. These closets are private and are not to be opened by Renter or Guests under any circumstances.
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PARKING: The Rental Property is subject to parking rules, regulations or policies as adopted and/or enforced by local government agencies or the homeowner’s association (if any). Renter is expected to be aware of, and fully comply with, such parking rules, regulations, or policies. Renter is advised not to park any towable items to include but not limited to: trailers, boats, recreational vehicles, at or near the Rental Property without Agent’s prior permission. Neither the Agent nor the Owner of the rental property shall assume any liability or responsibility for any damage or costs incurred by any Renter as the result of any vehicle or towable item being parked at or near the rental property or being towed. All rental properties have an assigned parking spot.
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FALSIFIED RESERVATIONS: Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit and/or rental money, and the Renter or Guests will not be permitted to check-in.
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STORM POLICY/ROAD CONDITIONS: No refunds will be given for storms. If your vacation is during the winter months, please come prepared to drive in rain, snow, and/or ice to reach your rental property. We do not refund due to road conditions. If you have purchased insurance through a third party website, we will abide by the policies given.
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WINTER CONDITIONS: Walkways, driveways, sidewalks, stairs, etc... may be slippery due to rain, ice, and snow. These may be slippery even when they do not appear to be. It is advised that caution be used. Please step carefully on all outdoor surfaces. It is further advised that shoes be removed upon entering the home as wet or icy soles can cause slippery conditions on tile or wood floors inside the home. Owner and Agent are not liable for any damages or injuries incurred due to winter conditions.
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REPLACEMENT FEE: If the property requires a fitness/pool key card or pool key a replacement fee of $200 will be charged if the key/card is not returned to the home upon departure. Renters and Guests agree to abide by all house rules and regulations.
The Rental Property (and/or the Common Areas or Common Facilities) may include certain “Special Amenities” such as private or shared-use gyms, spas, hot tubs, whirlpools, saunas, or pools. These Special Amenities are considered luxury amenities and are not guaranteed to be available or functioning during Renters stay.
Renter and Guests must comply with all rules and regulations governing the use of Special Amenities (i.e., hours of use, noise restrictions, maximum number of users, consumption of food, use of glass containers, etc.). Violation of such rules and regulations may result in Renter and Guests being banned from further use of the Special Amenities.
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INDEMNIFICATION: Owners/Agents are not responsible for any accidents, injuries or illness that occur while on the premises or its facilities unless such damage is the legal result of negligence or willful misconduct by the Owner/Agent. Owner/Agent are not responsible for the loss of personal belongings or valuables of the Renter and Guests. By accepting this reservation, it is agreed that all Renter/Guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premises. Renter shall indemnify and hold harmless the property Owner or representatives of the property Owner from all damages, injuries, claims, costs and expenses related to acts, events or omissions occurring in, on or about the property, or arising out of or in any way related to Renters use or occupancy of the property, Renters breach of any term of this lease, or any work, activity or thing done, permitted or suffered by Renter in, on or about the property.
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NO ILLEGAL ACTS: Renter will comply with all statutes, ordinances, and requirements of all municipal, state and federal authorities and all HOA rules and regulations regarding the use of the property. The rental property shall be treated with respect and consideration. Please be aware that some neighbors to this home are renters and some are permanent residents. We ask that the peace and privacy of the neighbors to this home be respected at all times. Any violations of the above stated policy could result in eviction from the premises without notice and without refund of any deposits or rents. The use of recreational drugs is PROHIBITED. Any evidence of ANY and EVERY type of drug use or storage of said substance(s) or drug related paraphernalia at any property will incur additional cleaning fees being charged to the Damage Credit Card(s). ($500 minimum fee).
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LEGAL: This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas. In any action or proceeding involving a dispute between Owner and Renter arising from this agreement, the prevailing party will be entitled to reasonable attorney fees and costs incurred.
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CREDIT CARD: Any Renter or intended Renter who provides any credit card information to North Padre Island Vacations, is doing so as a guarantee of payment of all or any portion of the Rental Fees and each such Renter accepts all terms of this Agreement and accepts complete liability for the payment of any Rental Fees (including, without limitation, any costs, fees, expenses, charges or penalties related to the rental, occupancy and/or use of the Rental Property as set forth in this Agreement), as well as any damage (not covered under the damage deposit policy) during any Renter’s occupancy and use of the Rental Property. Each Renter providing his or her credit card understands that these Rental Fees will be charged to their credit card and hereby authorizes Agent to charge their credit card for payment of any such Rental Fees.
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SECURITY DEVICES: Most of the property Owners have a security doorbell camera or camera on the outside of the front door facing the outside public area entrance for the safety of the guests and property. A security camera or recording device capable of recording or sending video, audio, or still images. Airbnb/VRBO/North Padre Island Vacations require Agents/Owner to inform Renter and Guests of any such camera or device located in a common area—even if it will be turned off during their stay. Airbnb/VRBO/North Padre Island Vacations prohibits security cameras or recording devices in private spaces such as bedrooms, bathrooms, or sleeping areas.
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INNKEEPER AGREEMENT: By signing this agreement: You declare you have a primary home address, your purpose or intention for stay is for transient purposes only, and there is no intention to establish a landlord/tenant relationship but in fact it is an Owner and Guest relationship.
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ENTIRE AGREEMENT: The foregoing constitutes the entire agreement between the parties and may be modified only in writing and signed by all parties. Each section, subsection or paragraph of this Agreement shall be deemed severable. If for any reason any portion of this Agreement is unenforceable, that portion shall not affect the applicability or validity of any other portion of this Agreement. This agreement and any modifications, including photocopies or facsimiles, may be signed in one or more counterparts, each of which will be deemed an original and all of which taken together will constitute one and the same instrument. If there is more than one renter, all renters are jointly and severally liable under this rental agreement.
By placing a reservation, ALL terms and conditions of this agreement are deemed accepted and receipt of the information herein acknowledged.