VACATION RENTAL SHORT TERM LEASE AGREEMENT
This Vacation Rental Short Term Lease Agreement (this “Agreement”) is made by and between The Property Owner (“Owner”) and Renter (“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 in the reservation made between owner and renter. (the “Property”). The Property is owned by Owner. The Property is furnished by Owner’s listing and equipped for light housekeeping. Any amenities are defined in the reservation listing or by contacting Paradise Getaways or the owner direct.
2. 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 following persons:
First Name & Last Name Relationship to Guest
The name(s) of the Renter shall be the same as identified in the reservation made for said rental property. Additional names can be added with the owner’s consent only.
The total number of adults in the Rental Party will be finalized by the property owner and the rental prior to arrival.
3. Maximum Occupancy. The maximum number of persons allowed to stay in the Property is limited to the number of persona allowed as stated on the property description of the reservation unless the property owner consents otherwise. A additional person charge may be assessed by the owner after agreement of exceeding the maximum number of persons allowed. Guest will be charged without notice for additional persons staying in the Property and not disclosed to Owner.
4. Rental Period & Check-In. The term of this lease (Check in and Check out Times) will be stated on the reservation confirmation as required by the property owner. The Property will be ready for Guest’s occupancy beginning 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 for the period of time between Departure Date and the actual date Guest and all members of the Rental Property vacate the Property.
5. Keys & Access Codes. Owner will provide Guest with access key(s) to the property, which will give the renter access to the property. Guest is not allowed to make duplicate keys. A fee will be charged to Guest for failure to return a 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.
6. Rental Rules & Restrictions. Guest agrees to abide by the following restrictions by Owner:
If any person in the Rental Party fails to follow any of the Rules, the Rental Party may be asked to vacate the Property and Guest will forfeit all rent paid.
7. Security Deposit. The Property owner charges a security deposit at the time of reservation in the amount of $35 U.S. This deposit is non-refundable.
8. Cancellation. If Guest cancels the reservation less than 72 days before the Arrival Date there will be a charge of 50% of the total rental cost.
9. Cleaning. A cleaning fee of $50 for Condominiums or $80 for houses 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.
10. Furnishings. The following furnishings will be provided with the Property: 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, computer, or gaming equipment.
11. Parking. Parking is limited to the property owners listing capacity. Please refer to the property listing or contact the owner for availability or exceptions. Guest may only park in designated parking area. Any illegally parked cars may be subject to towing and/or fines.
12. 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, cable service, 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.
13. 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.
14. 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, 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.
15. 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, 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.
16. 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.
17. 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 through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association.
18. Amendments. This Agreement may be amended or modified only by a written agreement signed by both Owner and Guest.
19. 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.
20. 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.
21. Notices. Any notice or communication under this Agreement must be in writing and sent via one of the following options:
22. 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.
23. 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.
I, the renter, do hereby agree and consent to this Agreement and accepting and making a reservation hereby executes this agreement.