SHORT TERM RENTAL AGREEMENT
WITNESS NOW, this Short Term Rental Agreement (the “Agreement”) made and entered by and between GuestSpaces, LLC, a Texas Limited Liability Company (“Property Manager”) acting as Property Manager for the Owner of the Property, and “Guest”.
NOW THEREFORE, the Parties hereto in consideration of the mutual promises made herein, one to the other, the receipt and sufficiency of which is acknowledged, the parties hereby contract and agree as follows:
1. Property: The Property consists of the number of floors, bedrooms and bathrooms, along with the furnishings, equipment and other items for use of Guest as is set forth on Exhibit “A” hereto, which is incorporated herein by reference the same as if recited verbatim herein.
2. Rental Party: The Rental Party shall consist of Guest and persons up to the maximum occupancy as stated on the listing. ** Renter must provide a copy of driver’s license**
3. Maximum Occupancy: The maximum number of persons on the Property at any time is limited to the number of people listed on the listing.
4. Term of the Lease: The lease begins at 3 p.m. on the “Check-in Date” and ends at 11 a.m. on the “Checkout Date.”
5. Minimum Stay: This property requires a minimum stay. Longer minimum stays may be required during holiday periods.
6. Rental Rules: Guest agrees to strictly abide by the Rental Rules in Section 12 at all times while at the Property, as well ensuring that all Guests and Invitees are knowledgeable of and strictly obey said Rental Rules while on the Property.
7. Access: Guest shall allow the Property Manager, the Owner, and the employees and contractors of both or either access to the property for purposes of repair and inspection at any time. The Property Manager, the Owner and their employees and contractors shall exercise this right of access in a reasonable manner and the same shall not be a constructive eviction, or otherwise entitle the Guest to any reduction of monies due under this Agreement.
a. Deposit: A deposit is due concurrent with execution of the Rental Agreement.
The deposit is a Security Deposit and shall not be refunded but applied towards the rental fees and any other monies due Property Manager or Owner; any monies due Property Manager or Owner that exceed the amount of the Security Deposit and any other funds paid to Property Manager or Owner shall be paid immediately upon demand. If the Property or any furnishings or equipment appear dirty or damaged upon Check-in, Guest shall notify Property Manager immediately – failure make such notification shall result in the disallowance of any adjustment in monies due Property Manager or Owner.
b. Rental Rate. Payment in full of the following fees shall be due not later than 21 days prior to the Check-in Date.
9. Cancellation Policy: If Guest wishes to cancel his/her reservation, the deposit will be refunded as follows:
- 100% Refund if Cancelled at least 60 days prior to check-in date.
- 50% refund if cancelled between 30-60 days of check-in date.
10. Insurance Fee: Insurance Fee is a charge, not based on any proportionality, to assist in offsetting the cost and expense of Owner’s and Property Manager’s property and casualty coverage. Said insurance is solely for the protection of the Owner and Property Manager and neither the Guest nor any of Guest’s Invitees are beneficiaries, insureds, owners, third party beneficiaries, or otherwise under the policy(ies).
11. Indemnity: By their signature hereon, the Guest does hereby indemnify and agree to hold harmless the Owner and the Property Manager and their agents, representatives, officers, directors, members, managers, employees, and contractors from any and all claims made against any of them, whether in law or in equity, contractor or tort, statutory or common law, arising from the Guest”s rental and use of the Property, whether or not the Owner, Property Manager or their agents, representatives, officers, directors, members, managers, employees, and contractors are alleged to be wholly or partially at fault or liable for damages. Guest agrees that Guest is strictly and jointly responsible with his/her Invitees for all acts and omissions of his/her Invitees. This paragraph survives termination and completion of the rental. Guest further does hereby indemnify and agree to hold harmless the Owner and the the Property Manager and their agents, representatives, officers, directors, members, managers, employees, and contractors from any and all claims brought against them and losses and damages sustained by the same due to Guest”s breach of any term, condition or rule set forth in this Agreement.
12. Payment: Acceptable payment methods are VISA, MasterCard & Discover, personal checks, cashier checks and money orders. Personal checks, cashier checks and money orders are to be mailed to the following person and address:
PO Box 19455
Austin, TX, 78760
There must be a valid credit card on file for incidentals such as extra night stay and breakage of items in the house and outside, excess trash, etc.
13. Rental Rules, Regulations and Additional Agreements:
A. Smoking is NOT allowed anywhere on the Property.
B. Only the Guest and their Invitees listed above may stay overnight at the Property.
C. The Owner(s) and the Property Manager are not responsible for any accidents, injuries, deaths illness or property damage that may occur during Guests rental of the Property. The Owner(s) and the Property Manager are not responsible for the loss of personal belongings or valuables of the Guest or Guest”s Invitees. Guest and Guest alone is solely responsible for any of the foregoing.
D. Guest and their Invitees may not engage in any illegal or unlawful activities while on the Property; nor shall they commit any of the following: any criminal conduct; behaving in a loud or obnoxious manner, disturbing or threatening the rights, comfort, health, safety and convenience of others and neighbors; possessing a controlled substance or drug paraphernalia, engaging in or threatening violence; possessing a gun or knife or any weapon prohibited by the State of Texas; using any appliance or supplied equipment other than for its intended normal use and in accordance with its proper and safe operating procedures; and allowing the presence of any hazardous materials, including, but not limited to fireworks to be on the Property.
E. Guest shall strictly supervise anyone under the age of 21 years and not leave such Invitee alone on the Property, or allow such Invitee to use any appliance or supplied equipment, without the close presence and supervision of the Guest. Guest and Guest alone is solely responsible for any injuries, deaths, and/or property damage resulting from Guest or any Invitee using any appliances or supplied equipment.
F. In the event that there are any injuries, accidents, damages and/or emergencies that occur on the Property or in using any supplied appliances or equipment during the Guest’s stay the Property Manager is to be contacted immediately by Guest. In the event the danger, injuries, accidents, damages, and/or emergencies are life or safety threatening or in the event of fire, crime or other possible threat to the Property or Guest/Invitees, please immediately call 911 prior to notifying the Property Manager.
G. Guest shall keep the Property and all furniture, furnishings, appliances, and supplied equipment clean and in good working order.
H. Guest and Guest”s Invitees shall only use the Property, appliances and supplied equipment for their intended uses and in a safe and proper manner, and as to appliances and supplied equipment, in accordance with any manufacturer”s directions.
I. Pets are NOT allowed under any condition.
J. Parking is limited to the number of vehicles which can fit in the driveway as to overnight parking. If you park any vehicles in street during the day park them on the correct side of the street, do not obstruct any traffic flow, do not block anyone other property’s driveway or front sidewalk, park close to the curb and remember to be courteous to the neighbors. If the Owner receives a parking violations from any governmental entity or from the Homeowner”s Association your credit card will be billed for the cost of the ticket or fine.
K. There is not any daily maid or housekeeping service. While bed linens and bath cloths and towels are included in the unit, daily maid/housekeeping service is not included in the rental rate.
Towels or linens may not be taken from the Property. If any are missing, your credit card will be charged as follows:
- Bed linens: $75 per item
- Wash cloths: $15 per item
- Towels: $30 per item.
There will be a one-time cleaning fee, which is included in the total rental fee.
L. Fireplaces, etc., if any: Are not to be accessed by guests under any circumstances.
M. When finished with each use of any appliances or supplied equipment you shall promptly turn the item off, clean it and store it in a proper manner.
N. Water and Sewer/Septic: DO NOT FLUSH anything other than toilet paper. No feminine products shall be flushed at any time. Remember that Texas is often in a water conservation mode and that in any event water costs the Owner money – do not excessively use water by letting it run when not being immediately used by Guest or an Invitee.
O. Pool and Spa, if any. Guest and Guest alone is solely responsible for ensuring that all access gates and other safety equipment to the pool and spa are closed and properly engaged. Guest and Guest alone is solely responsible for ensuring that all persons using the pool and spa are using them in a safe manner. Absolutely no one under the age of 21 years shall use the pool or spa unless Guest or a responsible person over 21 years of age and selected by the Guest is at all times during use present at the pool or spa and observing the same and supervising the use thereof. In the event that Renter wants to heat the pool and providing the pool has such equipment, renter must notify Property Manager in writing 72 hours in advance and there is an additional $375 charge for heating the pool. The spa may be heated for an additional charge of $8/hour.
P. Lake or Other Water Access, if any. Guest and Guest alone is solely responsible for ensuring that all access gates and other safety equipment to the lake or other non-pool/spa water are closed and properly engaged. Guest and Guest alone is solely responsible for ensuring that all persons using the lake or other non-pool/spa water from the Property are using them in a safe manner. Absolutely no one under the age of 21 years shall use the lake or other non-pool/spa water from the Property unless Guest or a responsible person over 21 years of age and selected by the Guest is at all times during use present at the lake or other non-pool/spa water and observing the same and supervising the use thereof.
Q. This Property is located in the State of Texas and Texas has a number of creatures which can result in someone”s injury or death, including, but not limited to, insects, vermin, snakes, animals, birds, fish, etc. Guest understands and agrees that these are beyond the control of the Owner and the Property Manager and agrees to inform Guest’s Invitees of these dangers and that Guest is solely responsible for any injuries, deaths or property damage resulting from Guest or Guest’s Invitees arising from these creatures.
R. If furniture inside or outside the house is rearranged and not put back in normal arrangement (i.e., the way they were arranged when you arrived) there will be a $50 charge made to your credit card.
S. Household Items: Guest is free to use condiments and household items, if any, on the Property, but do not remove them from the house upon departure, this includes condiments in the refrigerator, mini bar (if any) and pantry.
T. Noise: Limit outside noise to a minimum and especially from 7:00 pm until 9:00 am as the Homeowners” Association is very strict. If a noise violation is reported or a fine is imposed due to your use of the Property your credit card will be charged the amount of the fine. Further, the Owner and Property Manager reserve the right, in either”s sole discretion, to immediately terminate this Agreement and Guest”s right to use and occupy the Property should any justifiable complaints be received from any outside party, whether governmental or other property owner and Guest shall not be entitled to any refund.
U. Prior to departure:
i) All lights inside the house and outside must be turned off; the spa heater and equipment, if any, must be turned off; all stoves, grills, fireplaces, fire pits and chimeneas must be turned off and cool to the touch; all supplied equipment must be turned off and properly cleaned and stored; any any access gates to the pool and spa, if any, must be properly secured. In the event that any of the foregoing are not as specified immediately above, minimum charge of $250.00 will be charged to your credit card, plus you shall remain liable for any claims, losses or damages incurred by Owner and/or Property Manager.
ii) If for any reason the televisions, cable, telephone, routers, modems, or any other such equipment is disconnected they must be reconnected and working properly. Failure to do so will result in a minimum $75 re-installation fee that will be charged to your credit card.
iii) There will be a $100 fee for failure to set all thermostats at 84 degrees Fahrenheit upon departure during the months of April, May, June, July, August, September and October when the Air Conditioning is normally on and at 68 degree Fahrenheit during the months November, December, January, February and March when the heat is normally on. Additionally, should the pipes freeze and break during November, December, January, February, or March when the heat is normally on, Guest shall be responsible for any resulting property damage.
iv) Prior to departure all trash must be taken and placed in the designated trash container that is provided. Trash bags are provided under the kitchen sink. Failure to do the same shall result in a $250.00 charge will be billed to your credit card.
14. Time of the Essence. Time is of the essence in all things and all obligations and performances required of Guest.
15. Entire Agreement. This is the entire Agreement between the Owner and Property Manager on one hand and the Guest on the other hand and can be modified only in writing signed by the Property Manager and the Guest. This document supersedes any prior communications, discussions, or agreements.
16. Governing Law. This Agreement is made and entered into in the State of Texas in Travis County, Texas and is performable in whole or in part in Travis County, Texas, and sole venue shall lie in the Courts of Travis County, Texas. This Agreement is governed and interpreted by and under the laws of the State of Texas without application of any Conflict of Laws rules or the laws of any other State or jurisdiction.