To View This Agreement Please Visit: TX BEACH VACATION FORM
TX BEACH VACATIONSTERMS & CONDITIONS
Please read through this Short-term Rental Agreement in its entirety, fill out the highlighted portions, and email a copy of it plus a copy of the government-issued photo ID of the Guest to 933magnolia@txbeachvacations.com within 48 hours of the initial booking date to maintain this booking.
Your rental booking will not be approved until this Agreement is received by our staff.
You will see a contact form below. Please fill that form out and upload a picture of your driver's license.Below are the basic rules and policies of our TX Beach Vacation homes. Please note: your booking will not be accepted if you do not click on the above RENTAL AGREEMENT and fill out the entire form.
SHORT-TERM RENTAL AGREEMENT
This Short-Term Rental Agreement is a legal agreement between Tx Beach Vacation (also referred to as the “Homeowner” and “Owner”) and you, the Renter (also referred to as “Guest”). This Agreement is entered into as of the date the Renter place their reservation online and the reservation is screened and accepted by the Homeowner. The Homeowner will notify the Renter by email or website when their reservation is accepted. The Owner reserves the right to refuse service to anyone.
TERM OF RENTAL PERIOD
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.
CANCELLATION POLICY AND FEE
There will be a cancellation fee of 5% for any cancellation. CANCELLATION of 7 DAYS or LESS before check-in, Renter will forfeit the total amount of the rental.CANCELLATION 8 – 13 DAYS prior to check-in, Renter will receive a REFUND of 50% of the total amount of the rental, less cancellation fees and website fees. CANCELLATION of 14 days or more prior to check-in, Renter will receive 100% of the amount of the rental, less cancellation fees and website fees. EARLY DEPARTURE - There are NO REFUNDS for EARLY DEPARTURE.
MAXIMUM OCCUPANCY
Maximum occupancy numbers are listed on the website for your rental property, no exceptions. Violation of maximum occupancy may result in a surcharge that will be deducted from the security deposit. Please refer to the listing for the property you rented for exact occupancy limits. For EVENTS, the Renter must get written permission to exceed the maximum occupancy rules during the pre-approved hours of your Event.
AGE AND USE REQUIREMENTS
The Renter 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 guests, no exceptions. For EVENTS, the Renter must get written approval from the Homeowner setting out the rules of your Event.
Any person on the property during the Rental Period is the sole responsibility of the Guest. 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 Guest will not be permitted to check in. If you have booked an Event, the Owner will not be liable for any damages or losses Guest may sustain as a result of the cancellation of his/her falsely obtained reservation.
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. Subletting or subleasing the property by the Renter is absolutely prohibited.
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 Guest and any other persons on the premises, without refund. Please be courteous to our neighbors in this regard.
PET POLICY
No pets are allowed on the property.
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. Please leave all beds unmade and gather up dirty towels and place them on the bathroom floors.
CHECK-OUT PROCEDURES
The renter is responsible for completing the check-out procedures in the Welcome Booklet.
CONDITION OF PROPERTY
The Owner has given an accurate description of the property and its condition on the website. If the premises appear dirty, damaged, unfit for use, or any appliances are not working, Guest 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, Guest 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. Please note that this does not include dishes and cooking utensils, which you are to place in the dishwasher, bagging of trash, etc. If excessive cleaning is required after you leave, it will be held out of the cleaning deposit. Guest 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 (with the exception of those items specifically designed for that purpose).
Guest 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 damage deposit.
If the deposit does not cover the cost of repairs and/or replacements, Guest 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 Guest and the remaining balance returned to the credit card used.
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 Guest departs and notifies the Owner of any missing items. Owner will notify Guest in the event that items were inadvertently taken and provide Guest 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
Guest understands that any personal property of and used by Guest is not insured by Owner and Owner shall not be responsible for any lost, stolen or missing property of the Guest or property left by the Guest after checking out. If property is left behind by the Guest, Owner will make a good faith effort to return the property at the expense of the Guest, plus a surcharge of $25.
ACCESS
Guest 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.
CONSTRUCTION
The Bolivar Peninsula has been in rebuilding mode since Hurricane Ike, and construction is still going on. While we understand the noise may not be music to the ears, we have no control over any construction or beach noise, and refunds will not be given because of noise.
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. If there is a storm or hurricane, no refunds will be given to Guest unless the state or local authorities order mandatory evacuations in a "Tropical Storm/Hurricane Warning area," and/or a "mandatory evacuation order” has been given for the Tropical Storm/Hurricane Warning area of residence of a Guest.
The day that the authorities order a mandatory evacuation order in a "Tropical Storm/Hurricane Warning," area, we will refund any unused portion of rent from a guest currently registered, any unused portion of rent from a guest that is scheduled to arrive and wants to shorten the stay to come in after the Hurricane Warning is lifted, or any advance rents collected or deposited for a reservation that is scheduled to arrive during the "Hurricane Warning" period.
POOL USAGE - ASSUMPTION OF RISK
If the premises includes a pool, Guest and any other persons using the pool do so at their own risk and the Owner assumes no responsibility for accident or injury. No lifeguard is on duty. No one should swim alone. Renter will hold the Owner harmless from any and all bodily injury and/or property damage incurred on the property arising out of or in relation to their usage of the pool and/or their negligent acts or omissions.
CHILD PROOFING
Guest 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 Guest 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 RENTER.
COMPLIANCE WITH STATE AND LOCAL LAWS AND ORDINANCES
It is the Renter’s sole responsibility to be informed and comply with all state, county and municipal laws and ordinances. Renter 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 Renters’ 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
Guests 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 GUESTS. NO LOUD OUTDOORS MUSIC OR GATHERING AFTER 12:00 MIDNIGHT ON ANY NIGHT.
LONG TERM RENTAL
Any rental that exceeds 14 nights is considered long-term. If the reservation is extended beyond 14 nights, Owner will schedule a mandatory clean and walk through. This must be completed prior to the extension. If there is an issue with the premises, Owner reserves the right to refuse any extension request.
HOLDING OVER
Because of the nature of Owner's business (short term rentals) Guest understands, and is hereby put on notice, that any unauthorized "holding over" of the premises past the Rental Period could severely jeopardize Owner’s business and cause loss of rental income from other previously booked guests, 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, Guest 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 Guest 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 Guest, or any other person, or to any property, occurring on the premises, or any part thereof, or in common areas thereof, and the Guest agrees to hold the Homeowner harmless from any claims or damages unless caused solely by the Homeowner’s negligence.
The Guest will indemnify the Homeowner for any actions resulting from any damage or injury.
DISCLAIMER
Renter understands that the Homeowner is not responsible for any personal injury caused by slipping on wet pavement or surfaces, and that Renter 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 Renter’s property caused directly or indirectly from inclement weather conditions, Acts of God or nature, accidents related to Renter’s failure to take adequate precautions around wet areas, or any unforeseeable circumstances. If the property includes a cargo lift, that lift is designed for CARGO ONLY and used at the risk of the Renter. The Cargo lift is to assist with luggage and items that must be taken upstairs. The cargo lift is provided as a help for items and not for human use. Please utilize the equipment in the manner for which it was intended. Misuse could result in injury and the Owner will not be held responsible for injuries due to misuse of equipment.
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 RENTER VACATING THE PROPERTY.
This Agreement and Disclaimer applies to Renter and all guests in the Renter’s family/group.
I, the Renter, have read, understand, agree to, and will abide by this Rental Agreement and all conditions stated herein. I, the Renter, 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 Renter’s party without refund. By accepting the terms and conditions, by traditional signature, or by submitting an electronic signature, Guest/Renter is agreeing to each and every term set forth in this Rental Agreement.