SHORT TERM RENTAL LICENSE AGREEMENT
At Palisade Palms
Section I: Parties, Property, and Occupancy
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.
Each Property has a stated maximum occupancy. Guest acknowledges that occupancy will not exceed this limit. Occupancy includes all individuals on the premises, regardless of whether they spend the night. The General Manager of TWBC has the authority, with or without the Owner’s consent, 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 notify TCR of any changes to the occupancy.
A Guest must be a minimum of 25 years old to reserve or check into a Property. All guests, including those that do not stay overnight, must be registered.
Section II: Deposits and Vacation Rental Damage Insurance/Security Deposit
The Registration Details, provided in a separate agreement, define the rental rate, fees, insurance, and corresponding occupancy taxes.
A reservation deposit is required at the time of booking.
More than 30 days in advance of the scheduled arrival date, a partially refundable deposit, equal to approximately fifty-five percent (55%) of the rental rate is due at the time of booking. The remaining balance must be paid no later than 30 days prior to the arrival date (“Due Date”), at which point all payments become non-refundable. Any applicable refund will be net/less the Reservation Fee.
Within Thirty (30) days of a scheduled arrival date, the full rental amount is due at the time of the booking and is non-refundable.
The only accepted forms of payment are Credit Card, Electronic Check, or Wire Transfer. A $100.00 fee applies to any dishonored check.
Unless the Guest notifies TCR in writing prior to the Due Date, TCR will automatically charge the balance due to the credit card on file.
TCR reserves the right to cancel a reservation at any time prior to 30 days before the scheduled arrival date. In such cases, no Reservation Fee will be charged to the Guest.
Guests are required to either:
Purchase Vacation Rental Damage Protection Insurance with coverage up to $3,000.00 or;
Pay $5,000.00 security deposit. If the security deposit is paid by credit card, a 3% transaction fee will be deducted from the refunded amount.
Any damage to the Property or public area must be reported to TCR prior to check-out. Notification in a timely manner affects the insurance policy coverage and will mitigate any potential charge backs to the Guest.
Damages that exceed $3,000.00, or not covered by the Vacation Rental Damage Protection Insurance policy, will be charged to Guest’s credit card on file. TCR will provide the Guest with a description of the damage a breakdown of the charges.
If an insured individual causes damage to real or personal property due to inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum 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.
NOTE: THESE REQUIREMENTS ARE FROM THE INSURANCE CARRIER AND TCR AND MAY NOT BE MODIFIED OR CHANGED IN ANY WAY
If damage is found to be deliberate the Vacation Rental Damage Insurance Protection Carrier will deny the claim, and TCR will charge the Guest’s credit card on file for all repair or replacement costs. A detailed description of the damage and associated costs will be provided. By signing this Agreement, the Guest expressly authorizes such charges.
Guest hereby authorizes TCR to charge the credit card on file for any damages, missing items, excessive cleaning fees, fines, or, if necessary, costs associated with the removal of the Guest from the property.
Section III: Arrival, Keys, Fobs, Parking
Check-in time is after 3:00 p.m. each day. Guest may have the option to purchase early check-in, please contact TCR for availability. If Guest arrives prior to 3:00pm without purchasing early check-in, access to the Property will not be permitted.
One Key/Fob wristband will be available for pick-up at check-in at the Concierge Lobby Desk at Palisade Palms. Additional Key/Fob wristbands can be found inside the Property. There is a $50.00 charge for each wristband not returned.
Vehicle Registration is required. EZ Tag is used to gain entrance into the parking garage. If a toll tag is not available, a hanging mirror tag may be used. There is a $50.00 charge for each parking tag not returned upon departure.
Guest should under no circumstances park in the reserved spaces outlined with red stripes. Vehicles parked in these areas will be towed at the Guest’s sole expense.
Section IV: Cancellation and Travel Insurance
Any request to cancel a reservation more than 30 days before the scheduled arrival date will receive a refund of the deposit minus the reservation processing fee and any travel insurance purchased.
Requests to cancel a reservation within 30 days of the scheduled arrival date will not receive a refund. Neither TCR nor the individual Owner is obligated to provide a credit, a rain check, or alternate date.
TCR strongly recommends the purchase of travel insurance to protect your vacation investment. No refunds or date changes will be made within 30 days of arrival for any reason, including but not limited to storms, tropical disturbances, hurricanes, or mandatory or voluntary evacuations. Terms and Conditions of the travel insurance policy will be provided if purchased through TCR.
Section V: Maintenance or Substitution of Property
In the event of unforeseen maintenance issues or damage that renders the Property uninhabitable, or if the Property is sold prior to the Guest’s arrival, TCR reserves the right to relocate the Guest to a comparable Property. If no comparable Property is available, or if the Guest prefers, TCR will issue a full refund of all payments made. TCR will make reasonable efforts to ensure the replacement Property is similar in size, and quality to the originally reserved Property, though exact matches cannot be guaranteed.
All repair needs should be promptly reported to TCR. For emergency maintenance issues, Guests should immediately contact the Building Concierge located in the first-floor lobby of Palisade Palms at 409-770-7889
Section VI: Housekeeping, Smoking, Pets, Noise
A departure cleaning fee is included with the reservation. Daily housekeeping is not included, but a mid-stay clean may be available for purchase depending on availability. A washer and dryer are provided in the Property.
Smoking is strictly prohibited inside the Property, on the balconies, or in any of the public areas of Palisade Palms. Any violation of this policy constitutes a material breach of this Agreement. Guests who smoke in these areas will be required to vacate the Property immediately without refund and will be charged additional cleaning fees. These fees will either be charged to the credit card on file or deducted from the Guest’s security deposit.
Pets are not allowed in the Property or on the Palisade Palms campus, including patios, balconies, and public areas, unless specifically authorized in writing through an Addendum to this Agreement. ADA-certified service animals (as defined under Title II and Title III of the Americans with Disabilities Act) are exempt from this restriction and do not require an Addendum. All pets, including service animals, must be registered and vaccination documents must be provided. The unauthorized presence of a pet constitutes a material breach of this Agreement. If an unapproved pet is found in the Property or on the grounds, TCR may require immediate removal of the Guest and charge a $450.00 cleaning fee. This fee will be charged to the credit card on file or deducted from the security deposit. Properties that allow pets charge a separate pet fee. NOTE: this is a fee, not a deposit.
A strict noise ordinance is in effect and must be observed. No loud noises or music are permitted between the hours of 10:00 PM and 7:00 AM. Failure to comply may result in fines and immediate removal from the property.
Section VII: Refunds
1. Refunds, if applicable, will be issued to the original form of payment used by the Guest. Refunds are processed within a reasonable timeframe after notification and a receipt will be emailed to the address on file. TCR is not responsible for the time a credit card company may take to post the refund.
2. Absolutely No Refunds will be issued due to the 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.
3. Absolutely No Refunds are given for items that TCR was able to resolve within the period 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.
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.
5. Absolutely No Refunds will be given for issues arising from external or unforeseen circumstances, including travel delays, weather, pests or insects, noisy neighbors, or outages in internet, cable, electricity, or water services.
Section VIII: Safety
Each Guest is responsible for their own safety and the safety of all other occupants of the Property. 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.
Section IX: Maintaining Property, Entry and Departure
Check-out time is no later than 10:30 a.m. Guest may have the option of purchasing late check-out, contact TCR for availability.
Guest is responsible for maintaining the Property in a clean and sanitary condition throughout their stay. Guest shall pay for all repairs or replacements caused by Guest, excluding ordinary wear and tear. Guest shall pay for all damage to the Premises as a result of failure to report a problem, malfunction or damage in a timely manner. If the outdoor grill is used, Guests must clean the grill grates using the provided wire brush after each use.
TCR and its authorized representatives reserve the right to enter the premises with at least 24 hours’ notice, for the purpose of showing the property to prospective or actual purchasers, tenants, appraisers, or contractors.
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.
Place all soiled towels in front of the washing machine;
Remove the grill grids/plates from the grill (if Guest used the grill) and place them in the dishwasher;
Place all dirty dishes, cooking utensils and the coffee carafe in the dishwasher and start the cycle;
Pull down, to the end of the bed, the top bedding of all beds that were used during the stay;
Remove all trash from the Property and dispose of it via 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.
Guests will be charged for any missing, stained, or damaged linens, heavy bedding, or towels.
Lost or Left Items:
TCR is not responsible for any lost, stolen, or abandoned personal items. Reasonable efforts will be made to contact the Guest regarding any found items. Upon request, found items may be returned to the Guest for a handling fee of $35.00, plus applicable shipping costs. TCR makes no guarantees regarding the condition of returned items. Items unclaimed after 30 days may be donated or disposed of at TCR’s discretion.
Section X: Palisade Palms Rules, Regulations and Arbitration
A complete list of TWBC Rules are at the end of this document. Guests are responsible for reviewing these rules prior to arrival and agree to comply with them. The TWBC General Manager has the authority to remove Guests who fail to comply. Guests should contact TCR in advance with any questions about these rules.
Arbitration:
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.
Agreement:
This Agreement is governed solely by the laws of the State of Texas.
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.
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.
HIGHLIGHTS OF RULES GOVERNING OWNERS, RENTERS, AND GUESTS AT TRADE WINDS/THE BEACH CLUB CONDOMINIUM
(7/24/2020)
Welcome to Trade Winds/The Beach Club Condominium (TWBC) at Palisade Palms, one of the finest residences on the Gulf Coast. Whether you are a guest or are leasing (“Resident”), we hope your stay meets or exceeds your expectations. If you feel your experience at Palisade Palms is in any way diminished by the actions of others which violate our rules, please inform our staff at the Concierge Desk or by calling (409) 770- 7889.
BALCONIES
No towel or clothing or any other item may be placed on or attached to a balcony railing.
No balcony may be used in a manner that is considered annoying to occupants of other Units.
No item may be thrown, dropped, spilled, dripped (water) or swept from any balcony.
Heating or cooking units are not permitted on balconies except for TWBC-approved electric grills which must be monitored at all times.
Balcony lights (other than those installed by the builder) and speakers are not permitted.
PARKING
Registration of all vehicles is required prior to parking in any gated parking area; appropriate decals or window tags are required in/on all vehicles in all gated parking areas at all times.
Vehicles parked illegally or in violation of the Rules are subject to tow without notice at the
vehicle owner’s expense.
Vehicles may not be left unattended except in designated parking spaces.
Handicap spaces are limited to use by vehicles with proper handicap plates/tags.
Reserved spaces are limited to use by the owner of the reserved space.
Items may not be stored in the garage or common areas.
ATTIRE
In all indoor Common Areas, footwear and shirts/tops must be worn at all times, including tops over swimwear.
Proper attire is required, such as that which would be considered to be within acceptable norms for any public family facility in the community.
POOL, ACTIVITY AREAS
No lifeguard is on duty.
Age restrictions apply to unescorted children. Check with the Concierge Desk for details.
Risky behavior or activities deemed to be a risk to create a disturbance are not permitted.
Glass of any kind is not permitted within the area of the Pool Deck.
Footwear and tops over swimwear must be worn when re-entering the building.
Residents and their belongings must be dry before re-entering the building.
Pool deck, game room and other areas have closing times. Check with the Concierge Desk.
GOOD-NEIGHBOR CONDUCT
Activities are not permitted which create an annoyance, reduce the desirability of the condominium, endanger others, violate a law or violate TWBC bylaws.
Unlawful, nuisance, noxious, loud or offensive activities are not permitted.
Littering is not permitted.
Use of firearms or fireworks of any kind is prohibited on property.
Drones may not be used on property (unless written permission received from Management)
SMOKING
Smoking is not permitted in any Indoor and Outdoor Common Areas and within 25 feet of any entrance.
Smoking is not permitted anywhere on the Pool Deck level (including walkways).
PETS
Pets must be registered, maximum two per Unit; permission is revocable by the TWBC.
Owners must immediately clean up after pets.
Aggressive pets are not permitted on the property.
Incessant or recurrent barking, whining, or howling or other noises are not permitted.
Pets may not be kept unattended on balconies.
OCCUPANCY
Minimum lease period is one week.
TWBC may deny occupancy to any person who is a threat to others' health, safety or property.
MAINTENANCE and HAZARDS
Promptly report any breaks or leaks in or around your unit.
Close windows and doors to avoid damage from storms and the elements. Do not leave balcony doors open for an extended period.
Flammable or otherwise hazardous materials may not be brought onto the property.
Be certain trash contents will not cause a fire prior to disposal.
Empty boxes are to be left in the trash room for pick-up, do not place in trash chutes.
Residents or guests must privately arrange for the disposal of large items/volumes of trash.
SAFETY and SECURITY
Each Resident is solely responsible for his/her own safety and for the safety, well-being and supervision of guest(s) or other person(s) under his/her care, control or custody and assumes all risks for damages to his/her person and property, Unit and its contents on the premises.
TWBC does not insure any Unit, storage unit or personal property including—but not limited to— valuables and vehicles in any manner.
The TWBC Association is not responsible for any resident's items/articles left with, given to, or delivered to or by staff.
GENERAL
TWBC may levy fines for violations of the Rules.
Each Resident, whether owner, tenant, or guest must abide by the Rules as written in the Bylaws. These highlights do not supersede the Bylaws or the authority of the TWBC or the Palisade Palms Master Association.
Each Resident and Owner is responsible for his/her damages to his/her Unit, other Units, others' personal property and the Common Elements and is responsible for prompt reimbursement for such damages and for expenses to TWBC related to its enforcement of any violation(s).
TWBC staff is not permitted to provide personal services for Residents.
Deliveries, moving, and contractor work is limited to Monday – Friday from 9:00 AM – 5:00 pm (excluding holidays) and require advance notification with management. |
| |
|
