- RESERVATION CONFIRMATION AND PAYMENT ACKNOWLEDGMENT
1.1 Binding Reservation: This reservation becomes a binding contract upon Guest's acceptance of these terms and Manager's receipt of payment confirmation.
1.2 Payment Acknowledgment: Guest acknowledges that:
Payment has been processed for the reservation described above
Guest has received confirmation of the booking details
Guest has authorized the payment method for all charges under this Agreement
The accommodation described in the listing has been reserved for Guest's exclusive use during the specified dates
1.3 Service Delivery Confirmation: Guest acknowledges that upon successful check-in, Manager will have fulfilled its obligation to provide the reserved accommodations, and payment for such services will be deemed earned and non-refundable except as specifically provided in this Agreement.
- CHARGEBACK PROTECTION PROVISIONS
2.1 Payment Authorization and Waiver: By providing payment information and completing this reservation, Guest:
Confirms they are the authorized user of the payment method
Acknowledges the transaction is legitimate and authorized
Expressly waives the right to dispute charges through credit card chargebacks for services properly rendered
Agrees that any payment disputes must be resolved directly with Manager before involving financial institutions
2.2 Documentation of Service Delivery: Guest acknowledges that the following constitute evidence that accommodations have been provided as contracted:
Check-in confirmation and access codes provided
Property access records (electronic locks, key pickup, etc.)
Guest communications acknowledging receipt of property information
Any photos or videos taken during the stay
Utility usage records during the stay period
2.3 Pre-Stay Documentation: To prevent disputes and ensure compliance with Texas disclosure requirements, Guest agrees to:
Review all property photos, descriptions, and amenities before arrival
Report any discrepancies between listing description and actual property within 2 hours of check-in
Participate in a property condition inspection upon arrival if requested
Acknowledge receipt of all required guest information materials
Confirm understanding of all Texas-specific disclosures and requirements
2.4 Dispute Resolution Before Chargeback: Guest agrees to contact Manager within 24 hours of any issue arising during the stay and provide Manager with a reasonable opportunity to address concerns before:
Filing any complaint with financial institutions
Initiating any chargeback or payment dispute
Seeking remedies through third-party platforms
Pursuing any legal action
2.5 Chargeback Prohibition: Guest expressly agrees not to initiate chargebacks or payment disputes for:
Accommodations that were available and accessible as described
Minor discrepancies that do not materially affect the stay
Personal preference issues not related to material misrepresentation
Issues that Guest failed to report during the stay
Force majeure events beyond Manager's control
Local conditions (weather, construction, events) disclosed or reasonably foreseeable
2.6 Consequences of Improper Chargeback: If Guest initiates an improper chargeback in violation of this Agreement, Guest shall:
Reimburse Manager for all chargeback fees and penalties
Pay reasonable attorney's fees incurred in defending the chargeback
Be liable for damages resulting from the wrongful chargeback
Be prohibited from future bookings with Manager
3. PROPERTY CONDITION AND DAMAGE PROTECTION
3.1 Pre-Arrival Condition Report: Manager will provide Guest with a property condition report documenting the Property's condition. Guest must report any discrepancies within 2 hours of check-in.
3.2 Guest Responsibility for Damage: Guest accepts full responsibility for any damage to the Property caused by Guest or Guest's invitees, including but not limited to:
Damage beyond normal wear and tear
Stains, burns, or permanent marks
Broken or missing items
Damage requiring professional cleaning or repair
3.3 Security Deposit and Additional Charges:
Security deposit will be held for 7 business days after checkout to assess damages
Guest authorizes additional charges beyond the security deposit for damage exceeding the deposit amount
Manager will provide documentation for charges exceeding $500
3.4 Inspection Process: Manager reserves the right to inspect the Property during Guest's stay with reasonable notice, except in emergencies.
- CANCELLATION AND REFUND POLICY
4.1 Cancellation Terms:
{BCANPOLLEGAL} - The amount of refund excludes credit card transation fees or platform fees.
No refunds will be provided for early departure or late arrival.
4.2 Force Majeure: No refunds will be provided for circumstances beyond Manager's control, including but not limited to:
Weather conditions or natural disasters
Government restrictions or travel bans
Utility failures not caused by Manager
Construction or events in the surrounding area
4.3 Manager-Initiated Cancellation: If Manager must cancel due to property damage or other unforeseen circumstances, Guest will receive a full refund of all payments made.
- OCCUPANCY AND USE RESTRICTIONS
5.1 Occupancy Limits: The Property may not be occupied by more than the stated maximum occupancy. Exceeding this limit will result in immediate termination without refund and additional charges.
5.2 Prohibited Activities:
Parties, events, or gatherings without prior written approval
Excessive noise that disturbs neighbors
Smoking anywhere on the premises
Pets (unless specifically authorized). IF PERMITTED: Guest may have up to 3 pets on the Property subject to the following conditions: A pet fee of $200 per pet per stay applies. Unauthorized pets will result in immediate termination without refund and forfeiture of the Security Deposit.
Illegal activities of any kind
Commercial activities or subletting
No parking on the street, lawns, or in areas not designated for parking. Vehicles parked improperly may be towed at Guest's expense.
Guest acknowledges and agrees that the Property is equipped with external security cameras monitoring the following areas: Front entrance, Backyard, Pool area (if applicable). These cameras record video [and audio if applicable] continuously and are intended for security purposes only. Guest agrees that: a) No security cameras are present inside the Property; b) Guest will not tamper with, disconnect, obstruct, or damage any security camera or monitoring device on the Property; c) Any tampering with or damage to security devices will result in immediate termination of this Agreement without refund, forfeiture of the Security Deposit, and potential additional charges for repair or replacement; d) Manager may use security footage to verify compliance with this Agreement, including but not limited to occupancy limits, unauthorized parties, or property damage; and e) By signing this Agreement, Guest provides express consent to the use of these security devices as disclosed above. Guest further acknowledges that tampering with security devices may violate Texas law.
5.3 Noise and Neighbor Considerations: Guest agrees to maintain reasonable noise levels and respect neighboring properties, especially during quiet hours (typically 10 PM to 8 AM).
5.4 Responsibility for All Occupants and Visitors: Guest expressly assumes full responsibility for the conduct and actions of all occupants and visitors to the Property during the Rental Period, whether or not such persons are physically present with the Guest's knowledge. Guest agrees that:
a) All terms, conditions, rules, and prohibitions within this Agreement apply equally to all occupants and visitors;
b) Guest shall ensure all occupants and visitors are aware of and comply with all terms of this Agreement;
c) Any violation of this Agreement by any occupant or visitor shall be deemed a violation by Guest;
d) Guest shall be liable for any damage, theft, rule violation, excess cleaning, or any other breach of this Agreement caused by any occupant or visitor;
e) Guest shall indemnify and hold Manager harmless from any claims, damages, or liabilities arising from the actions or conduct of any occupant or visitor; and
f) Manager reserves the right to remove any occupant or visitor who violates the terms of this Agreement or creates a disturbance, without terminating Guest's obligations under this Agreement.
- CHECK-IN AND CHECK-OUT PROCEDURES
6.1 Check-In Process:
Check-in instructions will be provided on the morning of the arrival date
Guest must confirm receipt of property access information
Early check-in may incur additional charges
6.2 Check-Out Requirements:
Vacate Property by designated check-out time
Secure all doors and windows
Remove all personal belongings and trash
Return Property to move-in condition
Report any damage or issues immediately
Return all keys, access cards, and remote controls to original lock box (if applicable).Lost keys, access cards, or remote controls will result in a charge of $200 per item. Lockout assistance will incur a fee of $200 per trip.
6.3 Late Check-Out: Unauthorized late check-out will result in charges of $100 per hour or portion thereof.
- GUEST OBLIGATIONS AND WARRANTIES
7.1 Age and Authority: Guest warrants that:
Guest has authority to bind all other occupants to this Agreement
All information provided is accurate and complete
7.2 Lawful Use: Guest represents that the Property will be used solely for lawful vacation/temporary residential purposes.
7.3 Insurance: Guest represents they maintain adequate personal liability insurance coverage during their stay.
7.4 Compliance: Guest agrees to comply with all applicable laws, regulations, homeowner association rules, and Property rules provided by Manager.
7.5 Termination:
Manager may terminate this Agreement immediately without refund if Guest:
• Exceeds the maximum occupancy
• Violates the smoking, pet, or party policies
• Causes or threatens to cause damage to the Property
• Creates a nuisance to neighbors
• Violates any material term of this Agreement
Guest may terminate this Agreement subject to the cancellation policy outlined in Section 4.
- LIMITATION OF LIABILITY AND INDEMNIFICATION
8.1 Limitation of Manager's Liability: Manager's liability to Guest is limited to the amount paid for the reservation. Manager is not liable for:
Consequential, incidental, or punitive damages
Loss or theft of personal property
Injuries occurring on or around the Property
Disruption of services due to circumstances beyond Manager's control
8.2 Guest Indemnification: Guest agrees to indemnify and hold Manager harmless from any claims, damages, losses, or liabilities arising from:
Guest's use or occupancy of the Property
Violation of this Agreement by Guest or Guest's invitees
Any illegal activities conducted by Guest or Guest's invitees
Damage to the Property caused by Guest or Guest's invitees
8.3 Insurance Claims: Guest agrees to cooperate with any insurance claims related to damage or incidents during Guest's stay.
- TEXAS-SPECIFIC PROVISIONS
9.1 Hotel Occupancy Tax: Guest acknowledges that all applicable state and local hotel occupancy taxes have been included in the total amount paid or will be collected upon check-in, including:
Texas state hotel occupancy tax of 8.25%
Local hotel occupancy taxes as applicable to the Property's location
Guest acknowledges these taxes are required by Texas law and are non-refundable
9.2 Texas Deceptive Trade Practices Act (DTPA):
Guest acknowledges they have been provided with accurate information about the Property, its amenities, and rental terms
Manager represents that all descriptions and representations about the Property are truthful and accurate
Guest acknowledges that this transaction constitutes the purchase of services under Texas Business and Commerce Code Chapter 17
Any disputes regarding alleged deceptive practices must be addressed through the dispute resolution procedures in Section 10 before pursuing DTPA claims
9.3 DTPA Notice Requirements: Guest acknowledges that any complaint under the Texas Deceptive Trade Practices Act must be preceded by written notice to Manager at least 60 days before filing any lawsuit, as required by Texas Business and Commerce Code Section 17.505.
9.4 Property Code Compliance: Manager represents that the Property complies with all applicable provisions of the Texas Property Code, including habitability requirements.
9.5 Truth in Renting Act: Guest acknowledges receiving all required disclosures under Texas Property Code Chapter 92, including:
Information about the Property's condition
Contact information for the property manager
Any known material defects or conditions affecting habitability
9.6 Texas Consumer Rights:
This Agreement does not waive any rights Guest may have under Texas consumer protection laws that cannot be waived by contract
Guest retains all rights under the Texas Deceptive Trade Practices Act that cannot be contractually waived
Guest acknowledges they have been advised they may consult with an attorney regarding their rights
9.7 Residential Construction Liability Act: If the Property is a newly constructed residence (built within 10 years), Guest acknowledges receiving information about any applicable warranties or construction defect procedures under Texas Property Code Chapter 27.
9.8 Fair Housing Compliance: Manager represents that all rental practices comply with the Texas Fair Housing Act and federal fair housing laws, and that the Property is offered without regard to race, color, religion, sex, national origin, familial status, or disability.
9.9 Texas Business Registration: Manager represents that it is properly registered to conduct business in Texas and holds all required licenses, including any required real estate licenses under the Texas Real Estate License Act.
9.10 Governing Law and Venue: This Agreement shall be governed by Texas law, and any disputes shall be resolved in the county where the Property is located, in accordance with Texas Civil Practice and Remedies Code.
- DISPUTE RESOLUTION
10.1 Mandatory Mediation: Before pursuing any legal action or chargeback, the parties agree to attempt resolution through mediation.
10.2 Arbitration: If mediation fails, disputes shall be resolved through binding arbitration under Texas law.
10.3 Attorney's Fees: The prevailing party in any dispute shall be entitled to reasonable attorney's fees and costs.
10.4 Venue: Any legal proceedings shall be brought exclusively in the county where the Property is located.
- COMMUNICATIONS AND NOTICES
11.1 Emergency Contact: Guest acknowledges receipt of emergency contact information for Manager or Manager's local representative.
11.2 Communication Methods: All notices under this Agreement may be delivered via email, text message, or phone call to the contact information provided by Guest.
11.3 Platform Communications: If this reservation was made through a third-party platform, Guest agrees that communications with Manager may occur outside the platform.
- GENERAL PROVISIONS
12.1 Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior communications regarding this reservation.
12.2 Severability: If any provision is held invalid, the remainder of the Agreement remains in effect.
12.3 Electronic Signatures: Electronic acceptance of this Agreement constitutes a binding signature.
12.4 Amendment: This Agreement may only be modified in writing signed by both parties.
12.5 Survival: Provisions regarding payment obligations, indemnification, and dispute resolution survive the end of Guest's stay.
12.6 Force Majeure: Neither party is liable for performance delays due to circumstances beyond their reasonable control.
- TEXAS DISCLOSURE REQUIREMENTS
13.1 Property Information Disclosure: In compliance with Texas Property Code requirements, Manager discloses the following:
Emergency Contact: Available 24/7
13.2 Required Postings: Guest acknowledges receiving or having access to:
This rental agreement and all applicable house rules
Emergency contact information and procedures
Local noise ordinance information
Trash collection and recycling information
Parking regulations and restrictions
Maximum occupancy limits and safety information
13.3 Insurance and Liability Disclosure:
Manager maintains liability insurance as required by law
Guest is advised to maintain their own personal property and liability insurance
Manager's insurance does not cover Guest's personal property or liability for Guest's actions
13.4 Property Condition Disclosure: Manager represents that:
The Property meets all applicable building and safety codes
All smoke detectors and carbon monoxide detectors are functional
The Property has been inspected and is safe for occupancy
Any known material defects have been disclosed to Guest
13.5 Local Ordinance Compliance: Manager represents that:
The Property is legally permitted for short-term rental use
All required local licenses and permits are current
The Property complies with local zoning and occupancy requirements
All required taxes and fees have been paid
13.6 Guest Information Requirements: Guest acknowledges providing:
Valid government-issued photo identification
Accurate contact information including emergency contact
Truthful information about the number and identity of occupants
Acknowledgment of understanding all property rules and restrictions
14. ADDITIONAL TEXAS CONSUMER PROTECTIONS
14.1 Right to Inspection: Guest has the right to inspect the Property upon arrival and report any discrepancies within 2 hours of check-in without penalty.
14.2 Emergency Procedures: Manager provides 24/7 emergency contact information and maintains procedures for addressing urgent maintenance issues, safety concerns, and emergency situations.
14.3 Privacy Rights: Guest's privacy rights are protected in accordance with Texas law, subject to Manager's right to access the Property for emergencies, maintenance, and inspection as provided in this Agreement.
14.4 Document Retention: Manager will retain copies of this Agreement and related documentation as required by Texas record-keeping requirements.
14.5 Language Accessibility: If Guest's primary language is not English, Guest acknowledges they have had the opportunity to have this Agreement translated or explained in their preferred language before signing.
14.6 Accessibility Accommodations: Guest may request reasonable accommodations for disabilities in accordance with Texas and federal accessibility laws by contacting Manager prior to arrival.
14.7 Consumer Complaint Process: Guest is informed of their right to file complaints with:
Texas Attorney General's Consumer Protection Division
Local code enforcement authorities
Texas Real Estate Commission (for property management issues)
Better Business Bureau
By completing the reservation, providing payment, or checking into the Property, Guest acknowledges that they have:
Read and understood all terms of this Agreement
Agreed to be bound by all provisions, including chargeback restrictions
Confirmed the accuracy of all information provided
Acknowledged receipt of property rules and emergency information