Once you book this rental you are agreeing to these terms:
Cancellations will be refunded according to the policy that is in place when you book. Payment processing fees are NON refundable and are an average of 3% of your total cost. This fee is kept by Stripe, the payment processing platform we use to accept credit cards, not by your host.
1. MAXIMUM OCCUPANCY: GUEST must accurately disclose how many adults, children and animals will occupy said leased premises in your booking through the online platform. That determines the maximum occupancy at all times and applies to day visitors and children as well. Unless otherwise approved by your HOST, occupancy over the indicated capacity may result in immediate eviction and forfeiture of amounts paid.
2. DAMAGE & INSURANCE - Damage insurance is included with your stay. To ensure that the proper party is held responsible GUEST must inform management within 24 hours of arrival of any pre-existing damage or issues
3. REHOUSING – HOST will not be held financially responsible to rehouse GUEST if unsatisfied or if GUEST chooses to vacate early. GUEST will seek assistance from the booking platform or their travel insurance.
4.GUEST may not lease or sub-lease, nor permit any other persons to occupy premises outside of pre- determined occupancy , except with prior approval of the HOST
5. INTENT OF THIS LEASE: The rental of these premises is for vacation or recreational purposes only and the GUEST understands this unit is not available for long term, primary or permanent residency. The GUEST certifies that they reside at the address provided on this agreement as their primary place of residence. Even in the case of a reservation of 30 days or more, this lease falls under lodging law, and the GUEST maintains a primary residency at the address provided and is not protected by Texas state residency or tenant law.
6. INDEMNIFICATION & HOLD HARMLESS: The GUEST agrees to indemnify, defend and hold the HOST OR RENTAL MANAGER of the property harmless for from any and all claims, demands, liabilities, damage, cost or expense whatsoever (including attorney’s fees) arising from or related to any claim in connection with your use and/or occupancy of the Vacation Rental and it’s amenities, including, but not limited to, any claim or liability for personal injury, property damage, wrongful death, accidents, allergic reactions, illnesses or any other casualties or health problems, including viruses, which may arise during tenancy or as a result of said occupancy, loss of personal belongings or theft of property which is made, incurred or sustained by you and/or anyone you invite to use the Vacation Rental as your guest. Safety precautions undertaken by HOST are not foolproof, and GUEST shall hold HOST harmless from all claims to person or property arising out of the use and occupancy of the premises.
7. POOL AND/OR HOT TUB USAGE: a. The GUEST acknowledges that the property contains a pool and/or hot tub (hereinafter referred to as "Amenities"). The GUEST agrees to use the Amenities at their own risk and accepts full responsibility for their safety, as well as the safety of any accompanying individuals. b. The GUEST acknowledges and understands that the use of the Amenities involves inherent risks, including but not limited to drowning, slipping, falling, or sustaining injuries. The GUEST voluntarily assumes all such risks and releases the HOST from any and all liability arising from the use of the Amenities. c. The GUEST agrees to abide by all rules and guidelines provided by the HOST regarding the use of the Amenities. The GUEST shall ensure that all individuals using the Amenities under their supervision also comply with these rules and guidelines. d. The GUEST shall exercise reasonable care and caution while using the Amenities. Children and individuals who are not competent swimmers must be supervised by a responsible adult at all times when in or around the Amenities. e. The GUEST agrees to keep the gates, doors, and covers of the Amenities closed and secured when not in use, especially when children are present. The GUEST shall not tamper with or attempt to disable any safety features, equipment, or devices related to the Amenities. f. The GUEST agrees to refrain from using the Amenities while under the influence of alcohol, drugs, or any substances that may impair their judgment or physical abilities. The GUEST shall ensure that all individuals using the Amenities under their supervision are also in a fit condition to do so safely. g. The GUEST acknowledges that the HOST has not made any representations or warranties regarding the safety or condition of the Amenities. The GUEST accepts the Amenities in their "as-is" condition and agrees that the HOST shall not be held responsible for any defects, malfunctions, or hazards associated with the Amenities. h. The GUEST acknowledges that the HOST insurance may not cover any injuries or damages sustained while using the Amenities. The GUEST is encouraged to obtain their own insurance coverage to protect against such risks. LEGAL ACTION: If any legal action or proceeding be brought by either party to this agreement, the prevailing party shall be reimbursed for all reasonable attorney’s fees, court filing fees or any other expenses incurred in such proceeding in addition to other damages awarded. Due to the fees that can be charged by attorneys, it is agreed by the parties that both sides will waive their right to a jury trial and will first attempt to mediation or arbitration if the claim exceeds small claims court limits.