Rental Agreement — Casa Paloma Beach Club - Crystal Beach's Premier Vacation Rental

VACATION RENTAL SHORT TERM LEASE AGREEMENT

This Vacation Rental Short Term Lease Agreement (this “Agreement”) is made by and between _______________________ (“Owner”) and _______________________ (“Guest”) as of the date last written on the signature page of this Agreement. Owner and Guest may be referred to individually as “Party” and collectively as “Parties.” For good and valuable consideration, the sufficiency of which is acknowledged, the Parties agree as follows:

1. Property: The property is described as a luxury beach house in Crystal Beach, TX with four (4) bedrooms and three (3) bathrooms located at 950 Copacabana, Crystal Beach, TX 77650 (the “Property”, “Casa Paloma”). The Property is owned by Owner. The Property is fully furnished by Owner and equipped for light housekeeping. The following amenities are included in the Property:

·       microwave
·       refrigerator
·       stove
·       oven
·       cowboy pool (stock tank pool)
·       fire pit
·       linens

A starter supply of household cleaning and hygiene products may be available in the Property for use. Guest is responsible for purchasing any additional supplies and all food and beverages. Guest acknowledges that there are certain risks associated with pools. Use of the pool is at the Guest’s own risk, and Owner will not be responsible for any injuries. No glass in the pool or Alcoholic beverages.

High speed wireless internet and streaming television service is provided as a convenience only and is not integral to the 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 with regard to internet and television service.

2. Furnishings: The following furnishings will be provided with the Property: one (1) King Bed, three (3) Queen Beds, four (4) twin bunk beds, Living room with sectional and chairs, six (6) outdoor chairs

Furnishings are subject to change without notice. Furniture, bedding, kitchen equipment, utensils, and any other personal property supplied with the Property must not be removed from the Property. Loss of any items within the Property or damage to the Property or furnishings in excess of normal wear and tear will be charged to Guest. The Property will be inspected by Owner after Guest’s departure. All contents of the Property are the property of Owner. If an item should break, Guest must notify Owner immediately. Guest is not permitted to alter the wiring of any television or electronic equipment.

3. Rental Party: All persons in the rental party will be bound by the terms of this Agreement. Only persons listed on this Agreement may stay in the Property. “Rental Party” means Guest plus the persons listed below.

4. Maximum Occupancy: The maximum number of persons allowed to stay in the Property is limited to twelve (12), unless the Owner gives prior written consent.

5. Visitors: A visitor is an occupant of the Property who is not staying overnight. The Guest is allowed to have 2 visitors unless prior authorization was given by Owners. Any visitor staying overnight is subject to additional charges. No visitor will be allowed to use the common facilities, including the pool, when Guest is not on the Property.

6. Rental Period & Check-In: The term of this lease will be from _______________ (“Arrival Date”) to _______________ (“Departure Date”). The Property will be ready for Guest’s occupancy beginning at 4:00pm on the Arrival Date and the Property must be vacated by 11:00am on the Departure Date, unless otherwise agreed by Owner. If Guest or any member of the Rental Party remains on the Property beyond the Departure Date, Guest will be responsible to pay the rental rate prescribed in Section 8 below for the period of time between Departure Date and the actual date Guest and all members of the Rental Party vacate the Property.

7. Keys & Access Codes: Owner will provide Guest with lockbox access code with one (1) key, which will unlock the front door to the Property. Guest is not allowed to make duplicate keys. A fee of $100.00 will be charged to Guest for failure any lost key. Any attempt to access a locked area is just cause for immediate termination of this Agreement,forfeiture of all rent paid, and Guest will be liable for any missing items or damage. Owner will provide Guest with SSID and password for WiFi..

8. Rental Rules & Restrictions: Guest agrees to abide by the following restrictions by Owner (the “Rules”):

·       No parties of any kind are allowed
·       Quite hours are from 10:00 PM to 7:00 AM
·       Garbage must be placed in the proper receptacles
·       No smoking allowed anywhere on property (including inside as well as outdoor deck area)
·       No pets are allowed
·       Parking is allowed only on the driveway, no parking in the grassy area
·       No glass is allowed in the pool
·       Open fires are only allowed within the fire pit

Casa Paloma is a privately owned beach house and reserves the right to evict or refuse entry to any person who hasa disregard of the rules, without a refund. All facilities and equipment of the property are intended for the convenience of our Guests. All persons using these facilities do so at their own risk. Casa Paloma is not responsible for accidents or injuries due to fire, theft, wind, floods, personal negligence, acts of God or other unforeseen acts. We reserve the right to make changes to these guidelines, regulation, and fees that we deem necessary. Casa Paloma is not responsible for any accidents or injuries to any Rental Party or Rental Party’s personal property or for loss of money or valuables of any kind while visiting or staying at Casa Paloma.

9. Payment: Guest agrees to pay the rent and fees described below (the "Total Amount").

TO BE COMPLETED UPON RESERVATION

10. Cancellation: If Guest cancels the reservation within 24 hours of the reservation, 100% of the Total Amount will be refunded. If Guest cancels the reservation 30 days before Arrival Date, 50% of the Total Amount will be refunded. All other cancellations will result in the Total Amount being forfeited.

11. Cleaning: A cleaning fee per stay will be charged to the Guest. Daily housekeeping services are not included in the rental rate. Throughout the rental period, Guest will be responsible for keeping the Property clean and in good condition. Any unsafe or dangerous condition must be reported to Owner immediately. Guest acknowledges that on the Arrival Date, the Property is in good condition, except for any defect Guest may report to Owner by the end of the first day following the Arrival Date. The Property should be left in the same condition as it was found by Guest on the Arrival Date. Guest promises to leave the Property in good repair.

12. Parking: Parking is limited to four (4) spaces. Guest may only park directly on the driveway. Any illegally parked cars may be subject to towing and/or fines.

13. Mechanical Failures: Owner attempts to properly maintain the Property. While all electrical and mechanical equipment within the Property are in good working order, Owner cannot guarantee against mechanical failure of electrical service, stopped plumbing, water supply, heating, air conditioning, audio visual equipment, internet access, or appliances. Guest agrees to report any inoperative equipment or other maintenance problem to Owner immediately. Owner will make every reasonable effort to have repairs done quickly and efficiently. Guest will allow Owner or a person permitted by Owner access to the Property for purposes of repair and inspection. Owner is not responsible for any inconvenience that may occur and no refunds or rent reductions will be made due to failure of such items.

14. Acts of God: If there is a storm or severe weather and a mandatory evacuation order is issued by state or local authorities, Guest shall be entitled to a prorated refund for each night Guest is unable to occupy the Property. Owner will not be liable or deemed in default under this Agreement for any failure to perform or delay in performing any of its obligations due to or arising out of any act not within its control, including, without limitation, acts of God.

15. Limitation on Liability: Owner is not responsible for any accidents, injuries or illness that occur to any member of the Rental Party or Guest’s visitors while in the Property or on the Property. Owner is not responsible for loss of personal belongings or valuables belonging to any member of the Rental Party or any of Guest’s visitors. Guest agrees to assume the risk of any harm arising from use of the Property. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL OWNER BE LIABLE TO GUEST OR ANY OTHER PERSON FOR ANY DAMAGES OF ANY NATURE WHATSOEVER INCLUDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR GUEST’S RENTAL OF THE PROPERTY OR USE OF THE PROPERTY. IN NO EVENT WILL OWNER BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH THIS AGREEMENT, EVEN IF OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

16. Indemnification: Guest acknowledges that the use of the Property by the Rental Party and Guest’s visitors is entirely at their own risk. Guest will indemnify and hold harmless Owner from any and all expenses, costs, damages, suits, actions, or liabilities whatsoever arising from or related to any and all loss of or damage to personal property, including injury or death resulting from the use or occupancy of the Property or the failure of any member of Rental Party or Guest’s visitors to observe the rules and restrictions set forth in Paragraph 7.

17. Swimming Pool Waiver of Liability: Guest understands use of swimming pool and the swimming pool area is at Guest’s own risk and that special risks may be involved in using the swimming pool and swimming pool areas around the pool (deck, etc.). Guest accepts full responsibility for any bodily injury arising from use of the swimming pool and swimming pool areas and holds Owner harmless. Guest understands there are potential dangers the swimming pool and swimming pool room may present to children who are not carefully supervised, as well as the danger to any person using the swimming pool, and the swimming pool area if a person has health risks or using while intoxicated or using any kind of drugs or medication, or pregnant. Guest agrees to explain these risks to the entire Rental Party at the property and to be fully and solely responsible for any accidents the Rental Party may incur. Guest understands the risks discussed above and agrees that Guest will assume all responsibility for Rental Party for the consequences of those risks. Guest agrees to waive any claim whatsoever against Owner for accidents or claims arising from Rental Party’s use of the swimming pool and the swimming pool areas.

18. Natural Environment: Casa Paloma is in a coastal location and can experience periods of mosquito activity, particularly during warm and humid months. Owner is committed to maintaining the rental property in a clean and sanitary condition. However, Owner cannot guarantee the complete absence of mosquitoes due to their presence being a natural consequence of the coastal environment. Rental Party is encouraged to take appropriate precautions against mosquito bites, such as using insect repellent and wearing long sleeves and pants during peak mosquito activity times. Owner shall not be held liable for any discomfort or illness resulting from mosquito bites sustained on the property.

19. Violation of Agreement: If Guest or any member of the Rental Party violates any of the terms of this Agreement, including but not limited to maximum occupancy, visitors and rental rules and restrictions, Owner may evict Guest and the Rental Party from the Property and Guest will forfeit all rent and security deposit paid.

20. Governing Law: This Agreement and all transactions contemplated by this Agreement will be governed by, and constructed and enforced in accordance with the laws of the State of Texas (not including its conflicts of laws provisions). Any dispute arising from this Agreement shall be resolved in the courts of the State of Texas.

21. Amendments: This Agreement may be amended or modified only by a written agreement signed by both Owner and Guest.

22. No Waiver: Neither Owner nor Guest shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing.

23. Severability: If any provision of this Agreement is held to be invalid or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement.

24. Notices: Any notice or communication under this Agreement must be in writing and sent via electronic email transmission.

25. Successors and Assigns: This Agreement will inure to the benefit of and be binding upon Owner, its successors and assigns, and upon Guest and its permitted successors and assigns.

26. Entire Agreement: This Agreement represents the entire understanding and agreement between the Parties with respect to the subject matter of this Agreement and supersedes all other negotiations, understandings and representations (if any) made by and between the Parties.