Short Term Rental Agreement 

FAILURE TO ACCEPT THE TERMS AND CONDITIONS ON THE PAYMENT WEBSITE AND SIGN THIS AGREEMENT MAY RESULT IN CANCELLATION OF YOUR RESERVATION AND FORFEITURES OF SOME OR ALL ADVANCED FUNDS.

IMPORTANT!! PLEASE READ!

GUEST VERIFICATION:  I give permission to the property manager to use a third party to verify my identity and check criminal databases to confirm my reservation. Complete terms regarding the guest verification be found at www.Safely.com/terms You may receive an email from Concierge@Safely.com to complete your screening. Please check your spam inbox for this email, and contact Concierge@Safely.com, or go to www.Safely.com, if you have any questions.

This Short Term Rental Agreement (the “Agreement) is made by and between Rosa Hands (“Owner” or “Host”) and the named primary Guest lauren shepherd (“Guest” or “Renter”) with a Reservation/booking reference from the Payment website indicated in the Reservation Details section.

This agreement is a short-term vacation rental contract and differs in Texas law from that of a residential lease. The Owner or Owner’s Representative’s have the right to enter the property with or without reasonable notice for the protection, inspection, or maintenance of the property, and/or the enforcement of this agreement up to but not limited to full eviction and forfeiture of all amounts paid including a damage deposit. When requested by Law Enforcement or other authority you must provide a copy of this signed agreement.

For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows:

1. Primary Guest/Renter. You must be at least 21 years of age to rent this property. You acknowledge meeting this minimum age. As the responsible party, you must personally be in residence during the entire stay.

2. Rental Party and Additional Guests.  The rental party shall consist of Guest and up to seven (7) other additional guests named in this agreement. Guest is required to provide names and ages off all persons who will be on the premises. Guest acknowledges the responsibility for the conduct of all persons allowed to remain on the property during the time of the reservation. Minors in the rental party or on premises must be accompanied by a responsible adult at all times.

3. Occupancy Limit.  The property has a maximum Occupancy Limit of eight (8) persons at any given point in time during the day or night including the interior, exterior, grounds, common areas and pool. There are no partial stays for additional guests.

4. Property Use.  Rental party may use the property only for personal vacation purposes. It shall not be used for commercial ventures/publications. Guests mat not assign, advertise, sublet or sublease this short term rental or any part of the property. House parties, social events and/or ANY activity where guests not listed or exceeding the occupancy limit are invited, including family reunions, are prohibited.

5. Check-In. Check-in time is from 4:00 pm to 10:00 pm on the Check-in date indicated in this agreement unless otherwise confirmed in writing by the Owner or Owner’s Representative. For arrivals outside of regular business hours on the Check-In date, we will provide instructions by email. The property will be clean and set up linens and the following supplies:

• Bath towels, hand towels and wash clothes. Beach towels are provided one per person.
• Starter supply of soaps, shampoo, paper towels, toilet paper and trash bags. These items are NOT replenished during your stay.
• A selection of items such as beach chairs may be available, selection varies by property.

6. Check-Out.  Check-Out time is 10:00 am on the Check-out date indicated in this agreement unless otherwise confirmed in writing by the Owner or Owner’s Representative. The Guest should complete the following steps at Check-out:

1. Leave beds unmade, place linens and towels in the hallway or on the floor
2. Wash, dry and put away dishes, pots, pans, silverware and utensils
3. Empty refrigerator and clean up spills
4. Set air conditioning to 78 degrees
5. Take bagged trash to proper receptacles on the property
6. Leave property neat with furniture in original order, housekeeping will perform a thorough clean
7. Close all blinds, Close and lock all doors and windows.

7. Television and Internet.  Internet and television service is provided, specific channels, speeds and/or selection are subject to change and cannot be guaranteed.

8. Keys. All provided keys must either be returned or place back in the lock box. Lost keys will incur a $25 charge, per key.

9. Parking.  Parking is provided as outlined in the property rules, most properties allow space for 2 vehicles.

10. Pets.  Not all properties allow pets. Each pet requires approval from the Owner or Owner’s Representative. Guest must pay a non-refundable pet fee of $100 for the privilege of having a pet a the property.

11. Changes. Changes to reservation details as requested by Guest are at the sole discretion of the Owner or the Owner’s Representative. Additional nights or services may result in increased rent or fees, while decreases in nights or services may not result in reduced rent or fees. All changes require approval and confirmation through email, booking website, payment invoice, amended rental agreement, or other written form by Owner. All other terms for this agreement remain applicable.

12. Payments. Payments must be made according to all schedules and due dates indicated by the payment website invoices unless otherwise instructed by the Owner or Owner’s Representative. Unless otherwise indicated, an advanced payment of 50% of all rents and fees are required to hold a reservation, unless the reservation is for an Arrival Date within the next 21 days, then a full payment must be made at the time of booking. On a booking that requires a 50% advance, the full remaining balance is due 30 days before the Check-In Date. This advance payment will be applied toward the rents and fees only, it will NOT be applied toward the damage deposit. Damage “deposits” will typically be held in the form of a “hold” on the same credit card that is used for payments, see section 13 for more information.

13a. ACCIDENTAL DAMAGES DURING YOUR STAY.  As part of our effort to help you relax and enjoy your stay, we have partnered with Safely.com to provide you with limited protection as noted below. The cost of this protection has been included in your rental rate and fees and covers you for accidental damages during your stay.

13b. SafelyStay, Inc Trust and Safety Fee includes up to $10,000 of accidental coverage for contents damage and up to $100,000 coverage for accidental property damage and bodily injury. Complete terms regarding the Trust and Safety coverage can be found at www://safely.com/bovr-spi The Trust and Safety fee is refundable only if the reservation is cancelled in writing at least twenty four (24) hours prior to arrival date. Any deductible or minimum claim amount will be the responsibility of the Guest, and Blue Ocean Vacation Rentals will process using the form of payment on file for the Guest.

13c. Refundable Damage/Security Deposit. A refundable damage deposit may be required prior to the Check-In Date as indicated in the rates. The deposit is for security only and shall NOT be applied to any rents or fees. Depending on your original form of payment, it may take several days to receive your released deposit refund. We will release the deposit within 5-7 business days of the Check-Out Date provided all of the following provisions are met:

• No damage is done to the property, furnishings, locks, towels, linens or contents beyond normal wear.
• There are no missing items from the property.
• All keys are returned or placed in lock boxes.
• The presence of unauthorized pets is not detected.
• No extra cleaning is required for excess filth or hair, including from pets.
• There are no violations of this agreement.
• All rents and charges accrued during the stay are paid prior to departure.

14. Additional Damage Liability. Guest is responsible and liable for any and all costs due to damage or losses incurred by the Owner that exceed any deposit amount, whether or not covered by Owner’s insurance. Guest will pay to Owner any amount that exceeds the deposit within five (5) days after Owner makes a written demand for such payment with supporting documentation.

15. Cancellation Policy. The cancellation policy is indicated on the payment website reservation/booking details. If the cancellation policy is not specified, then the default cancellation policy is that 100% of amounts already paid (minus reasonable credit card fees) shall be refunded if a written cancellation notice is received forty five (45) days or more before the Check-In Date. Unless stated otherwise in this agreement, NO REFUND will be given for any other cancellation outside this stated policy. Refunds outside the stated policy are at the sole discretion of the Owner. No refunds will be given for delayed arrival, early departure, reducing the number of nights or rescheduling. No refunds will be given for cancellations due to weather unless a mandatory evacuation of South Padre Island is given by proper local, state or federal government authorities. If a mandatory evacuation is ordered, we will refund the unused portions of rents for any Guest that is currently registered or a Guest that is scheduled to arrive and wants to shorten their stay until the evacuation is lifted. Guests who cancel reservations are not entitled to occupy the unit. Cancelled dates may be allocated to another guest reservation, regardless if whether was provided.

16. Furnishings. Furnishings are subject to change without notice. If you require special furnishings or equipment, please bring them with you.

17. Appliances and equipment. Follow all posted or normal instructions for appliances, heating, air conditioning, TVs, television equipment, internet equipment or other devices. Owner and management cannot guarantee against mechanical failure. Do not abuse equipment or alter settings. If you have a problem, please discontinue use and contact the Owner’s Representative immediately to prevent damage. We will make all reasonable efforts for efficient repairs. No refunds will be issued for equipment malfunctions.

18. Outdoor and Pool Amenities. Decks, porches, BBQ grills (where applicable), courtyards, playgrounds and swimming pools are  provided for the enjoyment of all guests. The beach and open waters present certain dangers. Children are not permitted in these areas without constant adult supervision. Swim at your own risk. Owner is not responsible for any accidents, injury or death.

19. Illegal Activity. Illegal activity anywhere in or on the property, law enforcement called to the property for any type of disturbance, arrest of any occupants for illegal activity or any illegal activity being observed by Owner or Owner’s Representative is strictly prohibited. No possession of illegal substances and no under age drinking will be tolerated. Any of these activities are ground for immediate eviction from the property and forfeiture of all amounts paid, including the damage deposit.

20. Access. Owners or Owner’s Representative may enter the property at any time for maintenance, repairs or the enforcement of this agreement. Guest shall allow maintenance personnel access to the property for service or repairs. This shall include, but not limited to, regular monthly pest prevention, regular service for air conditioning or appliances. Owner and Owner’s Representative shall exercise the right of access in a reasonable manner.

21. Falsified Reservation.  Exceeding the occupancy limit or falsifying occupancy is strictly prohibited. Any reservation obtained under false age, occupancy, purpose of use, or any other false pretense will result in termination of this agreement, loss of all rents and security deposits and the party will be evicted or not allowed to Check-in.

22. Acts of God and Construction Noise. Neither the Owner nor Owner’s Representative shall be liable for events beyond their control which may interfere with Guest’s occupancy, including but limited to Acts of God, acts of governmental agencies, fire, strikes, war, inclement weather and construction noise from nearby sites. No rebate or refund will be offered in these circumstances.

23. Property of Guest(s). Owner and Owner’s Representatives are not liable or responsible for personal items left behind, lost or stolen. Owner carries property insurance to insure against loss on or to the property only. If you leave an item behind and wish to have it returned, we will provide reasonable assistance at the Guest’s expense.

24. Guest Travel Insurance. We encourage all Guests to purchase separate travel insurance. Travel Insurance is available through our website or by visiting www.InsureMyTrip.com or the provider of your choice. NOTICE: GUEST SHOULD ENSURE THAT THEIR OWN INSURANCE COVERAGE PROVIDED PROTECTION FOR THEIR PERSONAL ITEMS AGAINST ANY LIABILITY OR LOSSES.

25. Indemnification and Hold Harmless.  OWNER IS NOT RESPONSIBLE FOR ANY ACCIDENTS, INJURIES OR ILLNESS THAT OCCURS WHILE ON THE PREMISES OR ITS FACILITIES. THE OWNER IS NOT RESPONSIBLE FOR THE LOSS OF PERSONAL BELONGINGS OR VALUABLES OF THE GUEST. BY ACCEPTING THIS RESERVATION, IT IS AGREED THAT ALL GUESTS ARE EXPRESSLY ASSUMING THE RISK OF ANY HARM ARISING FROM THEIR USE OF THE PREMISES OR OTHERS WHOM THEY INVITE TO USE THE PREMISES. UNLESS CAUSE BY OWNER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.  OWNER IS NOT RESPONSIBLE TO GUESTS, GUEST’S INVITEES OR OTHER VISTORS FOR ANY DAMAGES, INJURIES, OR LOSSES TO PERSON OR PROPERTY CAUSED BY FIRE, FLOOD, WATER DAMAGE (FROM LEAKS, STOPPAGES, BACK-UPS OR OTHER EVENTS), HAIL, WINDS, EXPLOSION, SMOKE, INTERRUPTION OF UTILITIES, THEFT, BURGLARY, ROBBERY, ASSAULT, VANDALISM, OTHER PERSONS, CONDITION OF THE PROPERTY, ENVIRONMENTAL CONTAMINANTS (E.G. ASBESTOS, RADON, LEAD BASED PAINT, CARBON MONOXIDE, ETC.) OR OTHER OCCURRENCES OR CASUALTY LOSSES. GUEST WILL PROMPTLY REIMBURSE OWNER FOR ANY LOSS, PROPERTY DAMAGE OR COST OF REPAIRS OR SERVICE TO THE PROPERTY CAUSED BY THE NEGLIGENCE OR BY THE IMPROPER USE BY GUEST, GUEST’S INVITEES, PETS OR OTHER VISITORS.

GUEST SHALL INDEMNIFY AND HOLD HARMLESS OWNER FROM AND AGAINST ANY AND ALL CLAIMS ARISING FROM OR IN CONNECTION WITH (I) THIS AGREEMENT AND THE USE OF THE PROPERTY AND COMMON AREAS; (II) ANY ACT, OMISSION OR NEGLIGENCE OF GUEST OR ANY OF ITS INVITEES; (III) ANY ACCIDENT, INJURY OR DAMAGE WHATEVER (UNLESS SOLELY CAUSED BY OWNER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) OCCURRING IN OR AT THE PROPERTY, TO INCLUDE THE COMMON GROUNDS; TOGETHER WITH ALL COSTS, EXPENSES AND LIABILITIES INCURRED IN OR IN CONNECTION WITH EACH SUCH CLAIM OR ACTION OR PROCEEDING BROUGHT THEREON, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND EXPENSES. IN CASE ANY ACTION OR PROCEEDINGS BE BROUGHT AGAINST OWNER BY REASON OF ANY SUCH CLAIM, GUEST, UPON NOTICE FROM OWNER, SHALL RESIST AND DEFEND SUCH ACTION OR PROCEEDING (BY COUNCIL REASONABLY SATISFACTORY TO OWNER). THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS LEASE. IF GUEST OR GUEST’S INVITEES CONSUME ALCOHOLIC BEVERAGES AT THE PROPERTY, AND ARE LATER INVOLVED IN AN ACCIDENT THAT MAY BE DUE TO SUCH ALCOHOL USE, GUEST SHALL INDEMNIFY OWNER FOR ANY CLAIMS RELATED TO THE USE OF ALCOHOL AT THE PROPERTY.

26. Force Majeure.  In the event that the property is not available for a reservation because it has been damaged, sold or other reasons beyond our control, we will notify you using the phone and email contact details in this agreement. You will receive a complete refund of any payments made. The Owner reserves the right to cancel for any reason with a full refund of all payments made by Guest if Owner cancels this agreement at least thirty (30) days before Check-in Date. However, we will not be responsible for any other costs in any circumstance. See the TRAVEL INSURANCE herein Section 24.

27. Applicable Law; Jurisdiction; Venue. This agreement shall be governed by the laws of the State of Texas. The parties agree that they are subject to the laws of the State of Texas and voluntarily submit to the jurisdiction of the State of Texas, in Cameron County. The parties further agree that the exclusive venue for any dispute arising out of or relating to this Agreement will be a state or county court in Cameron County, Texas.

28. Attorney’s Fees. The prevailing party in any legal proceeding brought under or with respect to this agreement is entitled to recover from the non-prevailing party all costs of such proceeding and reasonable attorney’s fees.

29. Consult Your Attorney. This agreement is intended to be legally binding. READ IT CAREFULLY. If you do not understand the effect of this agreement, consult your attorney BEFORE signing. The common law rule than an ambiguous contract provision shall be construed against the drafter is hereby waived by both parties.

30. Severable Clause.  Should a court find any portion of this agreement unenforceable, the remainder of this agreement will not be affected and all other provisions in this agreement will remain enforceable.

31. Violations. Any violation or breach of this Agreement, any Association or house rule, or any law or ordinance may, in the sole determination of the Owner or Owner’s Representatives, result in termination of this agreement, loss of monies, and immediate eviction, as well as possible legal action/consequences.

32. Right to Refuse Service. By making a reservation, you are agreeing and accept all items listed herein and hereby certify that you are at least the age required to rent this property. SPRING BREAK STUDENT RENTALS REQUIRE PRIOR APPROVAL. ALL OCCUPANTS DURING SPRING BREAK STUDENT RENTALS IN MARCH MUST BE 21 YEARS OF AGE OR OLDER. All properties are rented regardless of race, color, religion, gender, national origin or handicap.

33. Holding Over. Guest shall surrender possession of the property upon termination of this agreement . ANY possession by Guest without written approval from Owner or Owner’s Representative after termination creates a tenancy at sufferance and will not operate to renew or extend this agreement. Guest shall pay $500 per day or any part of the day during the period of possession after termination as damages, in addition to any other remedies to which Owner is entitled.

34. Written Exceptions/notices. Any changes or exceptions to the above mentioned policies must be approved by Owner in writing in advance of Check-In Date. All notices from one party to the other must be in writing and are effective when mailed to, hand-delivered, or terminated by electronic transmission.

By signing this Short Term Rental Agreement, I agree to all terms and conditions. I affirm that all information provided is true, complete, and that I have read and agree to the entire rental agreement. I understand that any false statements, omissions or other misrepresentations made by me will result in refusal at Check-In and forfeiture off all amounts paid. I ACKNOWLEDGE THAT IN THE EVENT OF ANY ENFORCEMENT ACTION UP TO BUT NOT LIMITED TO EVICTION, ALL AMOUNTS PAID INCLUDING THE FULL DAMAGE DEPOSIT WILL BE FORFEITED.