Short Term Rental Agreement
SHORT TERM RENTAL AGREEMENT
This Short Term Rental Agreement (the “Agreement”) is made and entered into as of the date (the “Reservation Date”) set forth in the specific confirmation above (the “Confirmation Details”) by and between the undersigned person(s) (the “Guest”) and the above-mentioned owner, host, manager or agent (“Rental Agent”), pursuant to which the Guest has agreed to rent the residence described in the Confirmation Details (the “Property”), beginning on a date (the “Check-In Date”) and for the duration of the Rental Term (as defined in the Confirmation Details) for the Total Rental Fee (as defined in the Confirmation Details) and other good and valuable consideration as described herein and therein.
1.LEASE. Guest agrees to lease the Property from the Agent for the Rental Term and to pay the Total Rental Fee, including any refundable or non-refundable deposits described in the rental listing (the “Listing”) or the Confirmation Details, subject to the terms and conditions described herein.
Guest agrees at all times to comply with this Agreement as and any supplemental house rules provided to Guest, which are hereby incorporated by reference as though set forth in this Agreement. Supplemental house rules may describe quiet hours, parking arrangements and restrictions, recycling and garbage arrangements, limitations and rules to protect the Property, amenity availability and proper usage and specific safety concerns, among other things, and will be provided prior to the beginning of the Rental Term.
2.OCCUPANCY. Guest agrees and represents that Guest is at least 25 years of age. No events or parties are permitted at the Property without prior written permission from Rental Agent. Guest agrees that no more than the maximum number of people (as defined in the Listing or as otherwise agreed to in writing by Rental Agent) shall be permitted on the Property at any time during the Rental Term, all of whom shall comply with the conditions and restrictions imposed upon Guest under this Agreement. Guest agrees to pay liquidated damages of $40/person per day for each Visitor above the permitted maximum.
Guest shall be responsible for all persons present at the Property at all times to the extent permitted by law (such persons, whether or not they are within the allowable maximum at the Property, “Visitors”). Guest will notify local law enforcement and the Rental Agent immediately of any authorized persons on the Property, and absent such notification, all persons visiting the property will be considered authorized Visitors.
3.CONDITION AND USE OF PROPERTY. The Property is provided in “as is” condition. Rental Agent shall use reasonable efforts to ensure the proper operation of all amenities in the Property, such as internet access, satellite or cable TV access or hot tubs, fireplaces as applicable. Guest’s permitted usage shall be limited to residential purposes. Guest shall make no alterations to the buildings or improvements on the Property or make any repairs or improvements on the Property without the prior written consent of Rental Agent.
Guest shall maintain the Property in clean and sanitary condition at all times, and shall return the Property to its original condition at the end of the Rental Term. If Guest paid a cleaning fee, it was used to clean the Property prior to Guest’s arrival. Failure to adequately clean the Property will result in additional cleaning fees.
Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors. Guest agrees to comply with all local laws. Guest further agrees to refrain from loud noises after 10PM local time or such other “quiet hours” time set forth in local ordinances, whichever is more restrictive.
NO SMOKING IS PERMITTED AT THE PROPERTY OR ON THE PREMISES. Guest agrees to liquidated damages in the amount of $350 per incident, whether by Guest or Visitors.
4.PETS. Unless otherwise agreed in writing by Rental Agent, Guest may not permit or keep any animal, whether mammal, reptile, bird, fish, rodent or insect, at the Property. Guest is responsible for any for any damage to the Property, any personal injuries, and any damage to the property of others caused by any pet. Rental Agent may in its sole discretion grant written permission for up to two small pets for an additional $85 cleaning fee if given 48 hours’ notice. Additional fees may apply. Permission to keep a pet on the Property granted in writing by Rental Agent is only valid with respect to the exact pet(s) described in the written permission.
5.ACCESS AND SECURITY. Guest will be provided with instructions to access the Property before the beginning of the Rental Term. Guest shall allow Rental Agent, its employees and contractors to access to the Property for purposes of repair, inspection, or any other matter in which Rental Agent deems reasonably necessary to maintain the Property.
Security cameras may be present intended to monitor the exterior of the Property, and Guest consents to such monitoring. Rental Agent does not intend to monitor Guest’s activities inside any structures.
6.DEPOSIT. Guest is responsible for all damage to the Property. If Guest has provided a security deposit or a hold on Guest’s method of payment per the Confirmation Details, Guest agrees that such amount is provided as security for any damage caused during the term of Guest’s occupancy and for Guest’s compliance with the terms of this Agreement. Rental Agent will return such deposit less any deductions within fourteen days following the end of the Rental Term.
7.DEFAULT. On the date and time set forth in the Confirmation Details (or 11AM local time if not otherwise specified in the Confirmation Details), Guest shall surrender the Property in as good a state and condition as they were at the commencement of this Agreement. Guest agrees to pay an additional day of rent for any failure to surrender the Property on time. Any holdover tenancies beyond 4 hours will be deemed a tenancy at sufferance and subject to daily rent at a rate THREE TIMES the daily amount set forth in the Confirmation Details. Guest hereby agrees to decrease the statutory written notice requirement for a forcible detainer action to 12 hours. If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove all Guest’s property and belongings and leave the Property in good order and free of damage at a time as specified by the Rental Agent. Should it become necessary for Rental Agent or the Property’s owner to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rents or gaining possession of the Property, Guest agrees to pay all expenses so incurred, including a reasonable attorneys’ fees.
8.ASSIGNMENT OR SUBLEASE. Guest shall not assign or sublease the Property or permit the use of any portion of the Property by other persons who are not authorized guests of the Guest and included within the number of and as permitted occupants under this Agreement.
9.RISK OF LOSS AND INDEMNIFICATION. Guest agrees that all personal property, (including but not limited to furnishings, luggage, personal effects, vehicles, and other items) brought into the Property by Guest or Visitors are the sole responsibility of Guest and Rental Agent shall not be responsible or liable for such property’s theft, damage, destruction, or other loss for any reason whatsoever.
Guest hereby covenants and agrees to indemnify, defend, and hold harmless Rental Agent and their agents, principals, Property’s owner(s) and each of their respective successors, employees, and contractors (collectively the “Indemnitees”) from and against any and all losses, costs (including reasonable attorney’s fees of Rental Agent’s counsel or opposing counsel), damages, liabilities, claims, and other actions (collectively, “Losses”) incurred or threatened to be incurred by Indemnitees as a result of Guest’s lease or occupancy of the Property not attributable to Rental Agent’s gross negligence or intentional acts. For the avoidance of doubt, the foregoing indemnity extends to (a) any claims or Losses relating to the destruction of property, injury, or loss of life sustained by Guest or Visitors in or about the Property or (b) claims relating to or Losses caused by any pet of Guest or Visitors. GUEST ACKNOWLEDGES THAT THE FOREGOING PROVISION WILL RESULT IN GUEST INDEMNIFYING INDEMNITEE FOR INDEMNITEES’ OR ANOTHER PARTY’S NEGLIGENCE, STRICT LIABILITY, OR OTHER FAULT.
10.RELEASE. Guest hereby waives and releases any claims against the Indemnitees, for any loss of property, injuries or death that may be sustained on or near or adjacent to the Property, including any common facilities, activities or amenities such as on-site gym facilities, hot tubs, pools, spas, fireplaces, decks and nearby bodies of water, EVEN IF SUCH LOSS, INJURY, OR DEATH IS THE RESULT OF INDEMNITEE’S NEGLIGENCE. GUEST ACKNOWLEDGES THAT THE PROPERTY ITSELF AND SUCH AMENITIES MAY BE DANGEROUS, ESPECIALLY TO CHILDREN, AND ENTERS INTO THIS WAIVER VOLUNTARILY AND KNOWINGLY, ASSUMING THE RISK OF SUCH USAGE.
11.ENTRY AND INSPECTION. Rental Agent reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters or other authorized persons. If Rental Agent believes that there is imminent danger to any person or property, Rental Agent may enter the Property without advance notice.
12.UNAVAILABILITY OF PROPERTY. In the event the Property is not available for use during the Rental Term due to reasons, events or circumstances beyond the control of Rental Agent, Rental Agent will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the Property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the Guest. If such replacement property cannot be found and made available, Rental Agent shall immediately return a pro-rata amount of the payment made by the Guest based upon the period of unavailability, whereupon this Agreement shall be terminated and Guest and Rental Agent shall have no further obligations or liabilities in any manner pertaining to this Agreement.
The unavailability of the Property shall be determined by the Rental Agent in its sole discretion. For properties located in coastal areas where tropical storms are possible, the forecast of a storm does not necessarily constitute unavailability of the Property unless the state or local authorities order mandatory evacuation covering the Property.
13.CANCELLATION POLICY. Cancellations made 90 full days or more before the Check-In Date will receive a 100% refund of all fees collected by the Rental Agent (which may not include certain fees collected by the booking platform, applicable taxes, or transaction fees). Cancellations made 14 full days or more before the Check-In Date will receive a 50% refund of such fees. Cancellations made within 14 full days of the Check-In Date will only receive a refund of their cleaning fee. Cancellations made within 24 hours of the Reservation Date and at least 14 full days in advance of the Check-In Date will receive a full refund.
14.GENERAL PROVISIONS. This Agreement contains the entire agreement between the parties with regard to the rental of the Property, and any changes, amendments or modifications hereof shall be void unless the same are in writing and agreed by both the Guest and the Rental Agent. This Agreement shall be governed by the laws of the State of Texas, and Guest and Rental Agent hereby submit to the jurisdiction of the courts in Travis County, Texas, and agree that such courts are a proper venue for all disputes arising under this Agreement. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected, but instead shall be enforced to the maximum extent permitted by law. Any notice required to be given under this Agreement shall be in writing and sent to S.T.R. Management, LLC 1801 Vallejo St. Austin, TX 78757 or to firstname.lastname@example.org (if to Rental Agent) or (b) the e-mail used in the booking (if to Guest). This Agreement may be signed electronically, and by offering this Agreement to Guest in connection with Confirmation Details, Rental Agent hereby agrees to be bound hereby.