Please read through this Short-term Rental Agreement in its entirety. The Tenant making the reservation will be required to email a confirmation that the rental agreement has been read and send a copy of your government-issued photo ID to beachretreat@live.com within 48 hours of the initial booking date to maintain this booking. By making a reservation you agree that you have read and agree to all terms listed below.
Please note: your booking will not be accepted if you do provide ID and agree to the RENTAL AGREEMENT via email as advised.
PROPERTY
The Homeowner agrees to lease to the Tenant the property located at 2027 Idyle View , Crystal Beach, TX 77650 and or 873 Townsend, Crystal Beach, TX 77650
SHORT-TERM RENTAL AGREEMENT
This Short-Term Rental Agreement is a legal agreement between Kandi Douglas (also referred to as the “Homeowner” and “Owner”) and you, the Tenant. This Agreement is entered into as of the date the Tenant places their reservation online/by email and the reservation is screened and accepted by the Homeowner. The Homeowner will notify the Tenant by email when their reservation is accepted. The Owner reserves the right to refuse service to anyone.
TERM OF RENTAL PERIOD
The lease term will begin on Check In Date and end on Check Out Date. The Rental Period begins at 4:00p.m. on the check-in date and ends at 11:00a.m on the check-out date. No early check-in or late check-out is permissible without prior written approval from the Owner.
SECURITY DEPOSIT
The Tenant shall pay a security deposit of $500 upon signing this agreement and/or purchase the Insurance offered. The security deposit will be refunded within [10] days after the lease term ends, provided no damages are found.
CLEANING FEE
The Tenant agrees to pay a non-refundable cleaning fee of $250. This fee covers the cost of cleaning the property after the lease term ends. The Tenant is expected to leave the property in a reasonably clean condition.
CANCELLATION POLICY AND FEE
There will be a cancellation fee of 5% for any cancellation. CANCELLATION of 7 DAYS or LESS before check-in, Tenant will forfeit the total amount of the rental. CANCELLATION 8 – 13 DAYS prior to check-in, Tenant will receive a REFUND of 50% of the total amount of the rental. CANCELLATION of 14 days or more prior to check-in, Tenant will receive 100% of the amount of the rental. EARLY DEPARTURE - There are NO REFUNDS for EARLY DEPARTURE.
MAXIMUM OCCUPANCY
The maximum number of Tenants allowed to stay at the property is 14. Any additional Tenants must be approved by the Homeowner in advance. Excessive numbers of visitors will result in the termination of the Agreement. Termination will result in immediate removal of the Tenant and any other persons on the premises, without refund.
AGE AND USE REQUIREMENTS
The Tenant signing this Agreement must be at least 25 years of age and must be present at the property for the entire duration of the Rental Period. Anyone under the age of 25 must not be left unattended at the property. Adults cannot rent the premises on behalf of underage Tenants, no exceptions.
Any person on the property during the Rental Period is the sole responsibility of the Tenant. Excessive numbers of visitors will result in the termination of the Agreement.
Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit and/or rental fees, and the Tenant will not be permitted to check in.
The Homeowner has the right to terminate this Agreement immediately due to exceeding the maximum occupancy, and/or complaints about the noise level, and/or drug use on the property. Termination will result in immediate removal of the Tenant and any other persons on the premises, without refund. Please be courteous to our neighbors in this regard.
EVENTS
No proms, spring break parties, quinceaneras, or large gatherings are allowed on the property, chaperoned or otherwise, no exceptions. No slip n slides, jump houses, et cetera, at any time.
PET POLICY
The Tenant is allowed to have up to 2 small dogs (20 lbs or less) on the property. This must be disclosed at the time of the booking. The Tenant agrees to pay a non-refundable pet fee of $150. The Tenant is responsible for any damage caused by the pet(s) and must ensure that the pet(s) do not disturb neighbors. All pets must be properly vaccinated and licensed as required by local laws. If you arrive with a pet without prior approval / pet fee paid you will be charged an additional $250 fee per pet.
HOUSE AMENITIES
Amenities and electronics (TV/Wi-Fi/Cable and Porch Furniture/Games) are courtesy items and are not guaranteed. Homeowner will not provide refunds for intermittent breakdowns/disruptions of amenities or electronics.
A charcoal grill is provided for Renter’s use. The use of the grill is restricted to the ground level of the property, situated outside of the garage area. Please leave it reasonably clean.
Do not move the furniture: from one balcony to another; outdoor furniture to the ground floor; outdoor furniture indoors, etc. If the furniture is moved, the Homeowner must pay someone to move it back and the Renter will be charged.
LINEN & TRASH POLICY
The property is provided with pillows, linens, blankets, towels, kitchen towels, comforters, hand towels & washcloths. It is also stocked with a starter set of toilet paper and paper towels. Upon departure, Renter is responsible for bagging all trash and discarding it in the large trash cans by the road, and for placing dishes and cooking utensils in the dishwasher and starting the clean cycle. Strip the beds and place used linens and towels in the laundry room.
CHECK-OUT PROCEDURES
Remove all personal belongings and trash from the property. All Trash must be bagged and taken out to the trash cans by the road.
CONDITION OF PROPERTY
The Owner has given an accurate description of the property and its condition. If the premises appear dirty, damaged, unfit for use, or any appliances are not working, Tenant shall inform Homeowner immediately by telephone, and Homeowner will be given the opportunity to correct any problems. If notice is not given to Homeowner within 4 hours of the check-in time, Tenant is deemed to have accepted that the premises are in good working order and damage-free.
CLEANING & REPAIRS
Cleaning after your departure is included in the rental fee. If excessive cleaning is required after you leave, it will be held out of the Security deposit. Tenant agrees to keep the premises, furniture and furnishings in good order. Removing, adding or changing furniture without the Owner’s written approval shall be deemed a material breach of this Rental Agreement, and is strictly prohibited. Under no circumstances can any furnishings or linens be taken outside onto the beach.
Tenant is responsible for the cost of replacement or repair due to any damage to furniture/premises and replacement of missing items. All costs associated with the above infractions shall be deducted from the Security deposit.
If the deposit does not cover the cost of repairs and/or replacements, Tenant will pay the additional costs within seven (7) days of receipt of notice of the additional costs. It is not the Homeowner’s intention to retain the damage deposit. The property will be inspected upon departure. If the inspection results in retention of any funds from the deposit, documentation will be emailed to the Tenant and the remaining balance returned.
MISSING ITEMS
Renter will be charged for any missing items reasonably attributable to Renter and not returned after notification. The cleaning service performs an inventory/survey of the property after Tenant departs and notifies the Owner of any missing items. Owner will notify Tenant in the event that items were inadvertently taken and provide Tenant the opportunity to return the missing items. In the event missing items are not returned to Owner within 10 days, the cost of replacement plus a surcharge of $25 will be charged to the credit card on file.
USE OF SECURITY CAMERAS
Renter understands and accepts that the property is protected with outside security cameras. These cameras are used to protect the property from potential break-ins and theft. There are NO cameras inside the house.
NON-SMOKING
This is a NON-SMOKING vacation rental. Evidence of smoking, such as the smell of cigarette or cigar smoke inside the home by the cleaning crew, is sufficient basis to charge the Renter for smoke cleanup and removal from carpeting, AC ducts & filters and furniture. This type of clean-up is expensive, and Renter is liable for the deep cleaning costs incurred. Smoking outside is permitted as long as no evidence of cigarettes/butts are left behind.
PERSONAL PROPERTY
Tenant understands that any personal property of and used by Tenant is not insured by Owner and Owner shall not be responsible for any lost, stolen or missing property of the Tenant or property left by the Tenant after checking out. If property is left behind by the Tenant, Owner will make a good faith effort to return the property at the expense of the Tenant, plus a surcharge of $25.
ACCESS
Tenant shall allow Owner or Owner’s representative access to the property for the purpose of repair, inspection, verification of noise complaints, verification of occupancy, or any other reason supported by law.
SEPTIC
The septic will clog if improper material is flushed. Do not flush feminine products, wet wipes, et cetera - nothing but toilet paper. Dispose of grease and food debris in the garbage, not down the drain.
STORMS
Please note that during high tides, high wind, or heavy rainstorms, Highway 87 leading out towards Winnie is likely to flood and the ferries to Galveston may stop running. Please plan ahead and monitor the weather if you need to leave the peninsula. Refunds are not available for hurricanes, tropical storms, or weather conditions unless a mandatory evacuation is ordered. However, for hurricanes and tropical storms, you have the option to reschedule for different dates.
CHILD PROOFING
Tenant understands that no special efforts have been made to “childproof” the premises and accepts the risk of harm to any children in their care and/or allowed by Tenant onto the premises.
SAFETY
Balcony Railings are in place for safety. DO NOT sit, stand, sit children on or otherwise rest any person on these as it is hazardous and could result in severe injury. Please make every effort to keep walkways and the entrance areas neat and orderly and free of trip hazards. Owners are not liable for any items placed on the balcony or walkway. Personal grills and/or devices that create fire that are not provided by the Owner including but not limited to: barbecue grills, fireworks, smokers, fire-pits, boil pots and fryers are prohibited. Any damages due to misuse IS THE RESPONSIBILITY OF THE TENANT.
COMPLIANCE WITH STATE AND LOCAL LAWS AND ORDINANCES
It is the Tenants sole responsibility to be informed and comply with all state, county and municipal laws and ordinances. Tenant shall not use (or allow the premises to be used) for any unlawful purpose or in any manner that interferes with the peaceful enjoyment of adjacent properties. Any misuse described above shall result in termination of the Rental Agreement and no refunds will be issued.
PARKING
DO NOT PARK on the neighbor’s property. If you park on the street, it is at your own risk. The Owner assumes no responsibility or liability for damage or loss of the Tenants vehicle(s) and/or contents therein. If you park on the neighbor’s property and a citation is issued, you are solely responsible for it.
BEACH CONDITION
Tenants understand that Owner has no control over the condition of the beach and cannot be held liable for any changes to beach conditions or any closing of access as ordered by any official agency.
QUIET TIME: We have a QUIET TIME POLICY IN PLACE AT ALL TIMES FOR ALL TENANTS. NO LOUD OUTDOORS MUSIC OR GATHERING AFTER 12:00 MIDNIGHT ON ANY NIGHT.
HOLDING OVER
Because of the nature of Owner's business (short term rentals) Tenant understands, and is hereby put on notice, that any unauthorized "holding over" (LEAVING LATE) of the premises past the Rental Period could severely jeopardize Owner’s business and cause loss of rental income from other previously booked Tenants, temporary and/or permanent loss of business, goodwill and reputation Any such loss of rental income, business, goodwill, etc is recoverable as a consequential damage.
PRIOR AGREEMENTS
No prior agreement or understanding not contained in writing herein shall be effective. Furthermore, Owner, other than what is specifically written and set forth herein, makes no other or further representation regarding the nature, character and quality of the premises to be rented, and no representation shall be deemed to exist or be material unless and until it is reduced to a writing and signed by the parties. This Rental Agreement may be modified in writing only and must be signed by the parties in interest at the time of the modification. It constitutes the entire agreement of the parties. If any provision in this contract is held by any court to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force.
LIMITED LIABILITY
To the maximum extent permitted by law, Tenant agrees to limit Homeowner’s liability for any damages to not exceed the sum of the rental fee paid. This limitation shall apply regardless of the cause of action or legal theory pled or asserted.
DAMAGE OR INJURY
The property is privately owned. By accepting this reservation, it is agreed that Tenant is expressly assuming the risk of any harm arising from their use of the property or others whom they invite to the property.
No children are permitted outside on the property without adult supervision.
The Homeowner shall not be liable for any damage or injury to the Tenant, or any other person, or to any property, occurring on the premises, or any part thereof, or in common areas thereof, and the Tenant agrees to hold the Homeowner harmless from any claims or damages unless caused solely by the Homeowner’s negligence.
The Tenant will indemnify the Homeowner for any actions resulting from any damage or injury.
DISCLAIMER
Tenant understands that the Homeowner is not responsible for any personal injury caused by slipping on wet pavement or surfaces, and that Tenant is responsible for exercising care when surfaces are wet or slippery due to weather or use of hoses to wash down areas, and further, that the Homeowner is not responsible for any personal injury or loss or damage to Tenant’s property caused directly or indirectly from inclement weather conditions, Acts of God or nature, accidents related to Tenant’s failure to take adequate precautions around wet areas, or any unforeseeable circumstances. If the property includes a cargo lift, it is strictly prohibited to use by the Tenant due to liability purposes.
OWNER RESERVES THE RIGHT TO TERMINATE ANY AGREEMENT WITHOUT REFUND IF THESE GUIDELINES ARE NOT FOLLOWED. ANY VIOLATION OF THE RENTAL AGREEMENT COULD RESULT IN AN ADDITIONAL SURCHARGE AND IMMEDIATE TERMINATION OF THE RENTAL AGREEMENT AND THE TENANT VACATING THE PROPERTY.
This Agreement and Disclaimer applies to Tenant and all Guest in the Tenant’s family/group.
I, the Tenant, have read, understand, agree to, and will abide by this Rental Agreement and all conditions stated herein. I, the Tenant, agree to be present for the duration of the reservation and to keep within the listed occupancy limits of the property. I agree that there will be no party, celebration, prom, graduation, birthday, anniversary, or any other type of event, gathering, party or celebration during my stay at this property. I understand that any violation of any rule or stipulation set forth in this Agreement will result in immediate vacating of this property by all persons in the Tenant’s party without refund. By accepting the terms and conditions, by traditional signature, or by submitting an electronic signature, Tenant is agreeing to each and every term set forth in this Rental Agreement.