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<h2 class=”wp-block-heading” id=”h-short-term-rental-license-agreementat-palisade-palms”>SHORT TERM RENTAL LICENSE AGREEMENT<br>At Palisade Palms</h2> <h3 class=”wp-block-heading”>Section I: Parties, Property, and Occupancy</h3> <ol> <li>This Rental License Agreement (“Agreement”) is by and between you, the Guest (“Guest(s)”) identified at the end of this Agreement and Texas Coastal Realty, LLC. (“TCR”) the Licensor authorized by the Owner of said rental property, hereafter referred to as Owner. Any reference to: “property”, “rental property”, “unit”, or “units” for the purpose of this agreement means the property that has been rented. The Trade Winds Beach Club Condo Association (“TWBC”) governs the properties at Palisade Palms and their rules must be adhered to by Guest.<br> </li> <li><strong>Each Property states a maximum occupancy. Guest acknowledges that the occupancy of the property will not exceed the maximum.</strong> Occupancy is the number of total guests, regardless of spending the night. The General Manager of TWBC has the authority, with or without the consent of the Owner, to remove any Guest(s) from the Property for this or any other rule violation. Infants under one (1) year of age are not included in the occupancy total. Guest agrees to update TCR with any changes to the occupancy.<br> </li> <li><strong>A Guest must be a minimum of 25 years old to reserve or check into a Property. </strong>All guests, including those that do not spend the night, must be registered.</li> </ol> <h3 class=”wp-block-heading”>Section II: Deposits and Vacation Rental Damage Insurance/Security Deposit</h3> <p><em>The Registration Details, by separate agreement, define the rental rate, fees, insurance, and corresponding occupancy taxes</em></p> <ol> <li>A reservation deposit payment is required at the time of reservation. <ul> <li>More than 30 days in advance of the scheduled arrival date, a refundable deposit equal to fifty percent (50%) of the rental rate is initially required. The remaining balance due for the reservation is owed and payable no later than 30 days prior to the scheduled arrival date (“Due Date”); at which time, all payments become non-refundable. <strong>Any applicable refunds will be net/less the Reservation Fee.</strong></li> <li>Within Thirty (30) days of a scheduled arrival date, the full amount of the rental is due and non-refundable at the time of the reservation.</li> </ul> </li> <li>Payments may be made by Visa, MasterCard, Discover, American Express, Electronic Check, or Wire Transfer. There is a $50.00 charge for any dishonored check.</li> <li>Unless notified by the Guest in writing and prior to the Due Date of the balance due payment, TCR will automatically process the balance due payment to the Guests credit card on file.</li> <li>TCR may cancel a reservation at any time prior to thirty (30) days of the scheduled arrival date. If TCR elects to cancel the reservation, no Reservation Fee will be charged to Guest.</li> <li>Guests are required to either: <ul> <li>Purchase Vacation Rental Damage Protection Insurance with coverage up to $3,000.00 or;</li> <li>Pay a security deposit of $5,000.00. <strong>If Guest elects to pay the security deposit with their credit card,</strong> <strong>a three percent (3%) transaction fee will be subtracted from the security deposit amount upon refund to Guest.</strong></li> </ul> </li> <li><strong>Any damage to the Property or common area must be disclosed to TCR prior to check-out.</strong> Notification in a timely manner affects the insurance policy coverage and will mitigate any potential charge backs to the Guest.</li> <li><strong>Damages that exceed $5,000.00</strong> <strong>or not covered by the Vacation Rental Damage Protection Insurance policy will be charged to Guest’s credit card on file. </strong>TCR will give the Guest a description of the damage and detail of the charge.</li> <li>If an insured person causes any damage to real or personal property of the Property because of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of $3,000.00. Certain terms and conditions apply. The Vacation Rental Damage Protection plan can be purchased up to the time of and including at check-in.  </li> </ol> <p>NOTE: THESE REQUIREMENTS ARE FROM THE INSURANCE CARRIER AND TCR AND MAY NOT BE MODIFIED OR CHANGED IN ANY WAY</p> <ol start=”9″> <li><strong>If damage is found to be deliberate the Vacation Rental Damage Insurance Protection Carrier will deny the claim resulting in TCR charging the Guest’s credit card on file. </strong>Guest will be provided with a description of damage and the cost repair or replace the damaged items as soon as practical. By execution of this Agreement, Guest expressly consents to the supported damages being charged to the credit card.</li> </ol> <h3 class=”wp-block-heading”>Section III: Arrival, Keys, Fobs, Parking</h3> <ol> <li>Property check-in is after 3:00 p.m. daily.Guest may have the option of purchasing early check-in, please contact TCR for availability. If Guest arrives prior to 3:00pm and has not purchased early check-in, Guest will not be allowed into the Property.<br> </li> <li>One Key/Fob wristband will be available for pick-up at the time of check-in at the Concierge Lobby Desk at Palisade Palms. Additional Key/Fob wristbands are located in each individual Property. <strong>There will be a $50.00 charge for each Key/Fob wristband missing</strong>.</li> </ol> <ol start=”3″> <li><strong>Vehicle Registration is required</strong>. Click here for form. EZ Tag technology is used to gain entrance into the parking garage. In the absence of a valid toll tag, a hanging mirror tag may be used. Hanging mirror tags are kept in individual properties. <strong>There is a $50.00 charge for each parking tag not left in the Property upon departure</strong>. Exhibit ‘B’ must be completed prior to arrival.<br> </li> <li><strong><u>Guest should under no circumstances park in the reserved spaces outlined with red stripes. All violators will be towed at Guests sole expense</u></strong>.</li> </ol> <h3 class=”wp-block-heading”>Section IV: Cancellation and Travel Insurance</h3> <ol> <li>Any request for cancellation of a reservation received more than 30 days prior to the scheduled arrival date will receive a refund of the entire deposit <strong>minus the reservation processing fee.</strong><br> </li> <li>Any request for cancellation of a reservation within 30 days of the scheduled arrival date will not receive any refund. Neither TCR nor the individual Owner is obligated to offer a rain check or rescheduling of the original reservation request.<br> </li> <li><strong><u>TCR strongly recommends that Guest purchase travel insurance to protect their vacation investment.</u></strong> No refunds or reservation date changes are offered within the 30 days prior to arrival; regardless of a storm, tropical storm, or hurricane threat (regardless of whether there is a voluntary or mandatory evacuation). The Terms and Conditions of the travel insurance will be provided if purchased through TCR.</li> </ol> <h3 class=”wp-block-heading”>Section V: Maintenance or Substitution of Property</h3> <ol> <li>There may be a possibility that TCR will place a Guest in an alternative Property if there is an unforeseen maintenance or damage issue which occurs on the scheduled Property. In the event the Property is Sold, TCR will place Guest in an alternative Property, or, if requested, will refund all payments. The alternative Property will be comparable in size to the originally scheduled Property.<br> </li> <li>Any items needing repair should immediately be brought to the attention of TCR. Any item needing emergency maintenance should be brought to the immediate attention of the Building Concierge in the first floor lobby of Palisade Palms. They may be reached at 409-770-7889.</li> </ol> <h3 class=”wp-block-heading”>Section VI: Housekeeping, Smoking and Pets</h3> <ol> <li>Guests pay for a departure clean of the Property with their reservation. Daily housekeeping services are not included with the departure cleaning. However, subject to availability, Guest may purchase a mid-stay clean. A washer and dryer are located within the Property.<br> </li> <li><strong><u>Smoking is expressly forbidden in the Property, on the balconies, or common areas of the Palisade Palms property. Any smoking in the Property constitutes a material breach under the terms of this Agreement.</u></strong> If smoking occurs the Guest will be required to vacate the property, with no reimbursement of rents or fees, TCR will charge additional cleaning fees to the credit card on file or deduct the fees from the Guest’s Security Deposit.<br> </li> <li><strong><u>All pets, unless specifically authorized by an Addendum to this Agreement, are expressly forbidden on the property (including, but not necessarily limited to: public areas, Property, and patios/balconies). </u>Any duly certified Service Dog (as defined in Title II and Title III of the ADA) does not require an Addendum to this Agreement. </strong>All pets must be registered, click here for form. The unauthorized presence of a pet in the property or on the Palisade Palms Campus constitutes a material breach under the terms of this Agreement. Should a pet be found occupying the property, TCR may remove Guests from the property and/or assess an additional cleaning fee at their sole option. Guests authorize TCR to process additional cleaning fees of $250.00 to the credit card on file or to deduct the fees from the Guest’s Security Deposit. Any property accepting pets will charge a pet fee, to be paid at final booking.</li> </ol> <h3 class=”wp-block-heading”>Section VII: Refunds</h3> <p>1. If it is necessary to process a refund to Guest, the refund will be processed to the form of payment the Guest presented for the payment of the rental. The refund is processed within days of notifying Guest, a receipt is emailed to the address on file. <strong>TCR has no control over the amount of time a credit card company may take to post such refund.</strong><br><br>2. Absolutely No Refunds will be given due to Guest’s personal likes or dislikes and/or “personal preferences” such as but not limited to, décor, location, size of the rooms or property, views, distance to areas of interest, not offering items which are not listed in the property description. Property descriptions, photographs, location and reviews are posted on TCR’s website. Guest recognizes their due diligence in researching every feature and amenity the property offers. Guest also acknowledges that each property is privately owned and reflects the taste of each individual Owner.<br><br>3. Absolutely No Refunds are given for items that TCR was able to resolve within the time frame of the Guest’s stay. Any issues should be reported immediately to TCR. Repairs are corrected in as timely a manner as possible and non-emergency repairs can take up to 48 hours.<br><br>4. Absolutely No Refunds will be given due to a malfunction of equipment including, but not limited to, Game Room tables, pool furniture, electronic equipment or any other complimentary item.<br><br>5. Absolutely No Refunds for extenuating circumstances such as, but not limited to: flight delays or cancellation, weather, pest or insects, rude neighbors, or outages with internet/cable/power/water.</p> <h3 class=”wp-block-heading”>Section VIII: Safety</h3> <p>Each Guest(s) is responsible for his or her own safety as well as the safety and well-being of the other occupants within the Property or common areas of the Campus. The Guest(s), defined as the “Responsible Party”, agrees to indemnify and hold harmless to the fullest extent of the law TCR, Owner, TWBC and the Palisade Palms Master Association, Inc. of any and all liabilities or claims associated with personal injury or death of Guests and/or Guests visitors.</p> <h3 class=”wp-block-heading”>Section IX: Maintaining Property and Departure</h3> <ol> <li><strong><u>Check-out time is no later than 10:30 a.m. </u></strong>Guest may have the option of purchasing late check-out, contact TCR for availability.<br> </li> <li>Guest are responsible for maintaining the Property in a clean and sanitary condition. After each use of the outdoor grill, Guest will use the wire brush to clean the grids.<br> </li> <li>Upon departure Guest shall surrender the property in the same condition as at check-in, excepting light cleaning and laundry. Guest is required to complete the items on the Check Out List. Failure to complete the list shall result in additional charges for additional housekeeping. <ul> <li>Place all soiled towels in front of the washing machine and begin one laundry load;</li> <li>Remove the grill grids/plates from the grill (if Guest used the grill) and<strong><u> </u></strong>place them in the dishwasher;</li> <li>Place all dirty dishes, cooking utensils and the coffee carafe in the dishwasher and begin the dishwasher cycle;</li> <li>Pull down, to the end of the bed, the heavy bedding of any beds which were slept in during the rental period;</li> <li>Remove all trash from the Property and dispose of it in the trash chute located in the trash closet accessed from the elevator lobby. If the trash item is too large for the trash chute it may be left in the trash closet, not in the Property.</li> </ul> </li> </ol> <ol start=”4″> <li><strong>Guests are charged a per item fee should any linens, heavy bedding or towels be permanently stained, damaged, or lost.</strong></li> </ol> <h3 class=”wp-block-heading”>Section X: Palisade Palms Rules, Regulations and Arbitration</h3> <ol> <li>A complete list of TWBC Rules can be viewed here. Guest will read these rules prior to Guest arrival and agrees to comply with all such rules. The TWBC’s General Manager has the right to remove Guest for not following the rules. Guest will inquire, prior to arrival, into any rule or regulation not understood.<br> </li> <li>Arbitration:</li> </ol> <p>ANY CONTROVERSY, CLAIM, OR OTHER DISPUTE ARISING OUT OF OR RELATED TO THIS RENTAL AGREEMENT OR THE BREACH THEREOF, OR THE USE OF THE PROPERTY, SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE CONSUMER RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATION MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.</p> <ol start=”3″> <li>Agreement: <ul> <li>This Agreement is governed solely by the laws of the State of Texas.</li> <li>The foregoing constitutes the entire agreement between the parties and supersedes any prior understandings and agreements between them respecting the subject matter of this Agreement, whether verbal or in written communications, and shall be binding upon each of them, their heirs, executors, assigns or other successors in interest. No representation or promises, oral or otherwise, not embodied herein shall be of any force and effect.  This Agreement may not be changed or modified in any manner except by written instrument executed by Guest(s) and TCR. </li> <li>If any portion of this Agreement is found to be unenforceable, the remaining portions of this Agreement will continue to be enforced to the fullest extent permitted by law.</li> </ul> </li> </ol>