HI-TEC PROPERTIES RENTAL AGREEMENT
This Rental Agreement (the “Agreement”) is between the Guest, _________________________ “Guest” or “you” or “your”), and Hi-Tec Property Management, LLC, a Texas limited liability company (“HTP” or “us” or “our”), authorized agent to rent for the Property Owner.
The following terms and conditions apply to this Agreement. The Guest agrees to rent (Property Alias) (the “Property”) for the total amount of _____________ (the “Rental Amount”) from ______________ to _______________ (the “Rental Period”).
TERMS AND CONDITIONS
RESERVATIONS, DEPOSIT, AND SECURITY DEPOSIT:
HTP offers online vacation rentals for Port Aransas and the surrounding area, travel information, and a guide to local businesses and service providers. HTP is not liable or responsible for any Google maps, pinpoints, or mapping systems for locations of the Property.
HTP accepts Visa, MasterCard, Discover, and American Express. A deposit of 25% of the Rental Amount is due at the time the reservation is made. The remaining balance is due 30 days prior to arrival and will be automatically charged to the credit card on file unless the Guest makes prior arrangements for an alternative method of payment. Reservations made 30 days or less prior to arrival require payment in full at time of booking for final confirmation.
Upon request, payment may also be arranged by personal check or money order. In such cases, the check must be processed within seven days of booking in order to maintain the reservation. Credit card information must also be provided. If paying by credit card a 3% service charge will be added to your booking total.
A $500 Damage Deposit (the “Damage Deposit”) will be pre-authorization on the Guest’s credit card on the day of check-in. The Damage Deposit is required on all HTP properties. The Damage Deposit covers incidental, accidental, and/or unintentional damages (as determined in HTP’s sole discretion). Actual cost of repairs will be charged to the Guest's credit card on file, even if the repairs exceed the $500 hold. The Damage Deposit does not apply towards stolen or missing items upon HTP’s visual inspection of the Property after Guest’s departure. The Damage Deposit authorization being held on the Guest’s credit card will be released 7 days after departure.
Once the Guest’s deposit payment is processed, the Guest will receive a confirmation statement and Rental Agreement via email. The Rental Agreement must be signed and returned to HTP before HTP will confirm the Guest’s reservation.
Advertised or quoted rental rates are subject to change without notice. HTP reserves the right to correct advertised or quoted rental rates that may have been misquoted due to human and/or computer error. The Rental Amount identified in this Agreement shall control.
PAYMENT OF RENTAL AMOUNT BALANCE:
HTP requires a deposit of 25% of the Rental Amount upon reservation with the balance due 30 days prior to the date of arrival. If the reservation is made less than 30 days prior to arrival, the full amount is required at time of booking. HTP will charge the credit card on file for unpaid rental charges on the date payment is due.
CHECK-IN AND CHECK-OUT:
CHECK-IN TIME IS AT 4:00 P.M. Plan to arrive no earlier than 4:00 P.M. Do not use the Property before check-in. We will make every effort to ensure that the Property is available for check-in at 4:00 P.M. but cannot guarantee it. If the Property is available and ready for rental prior to 4:00 P.M., a booking agent will contact you the day of your arrival. HTP will only give key codes to the Guest who signed the Agreement, unless prior arrangements have been made.
HTP rents to responsible parties 25 years or older. A VALID STATE DRIVER’S LICENSE OR OTHER ACCEPTABLE PHOTO IDENTIFICATION IS REQUIRED AT CHECK-IN. HTP reserves the right to refuse service.
CHECK-OUT TIME IS BY 10:00 A.M. KEYS MUST BE RETURNED to the lockbox no later than 10:00 A.M. on the date of check-out. If keys are not returned, Guest will be charged a $25 replacement charge per key.
Guest agrees that once they have checked in to the Property, no refund will be made for early check-outs. If Guest does not cancel the reservation and does not arrive for the Guest’s Rental Period, all monies paid will be forfeited.
The Guest agrees to surrender the Property and associated amenities in the same condition as at commencement of the Rental Period. In cases of abuse, malicious, excessive, and/or intentional damage to the Property (as determined in HTP’s sole discretion) in excess of $50, Guest will reimburse HTP and/or the Property Owner the full amount of any and all damages, including additional housekeeping expenses and reasonable attorney’s fees.
CANCELLATION POLICY:
Cancellations made 31 days or more prior to arrival date will result in loss of 25% of total booking amount. Cancellation 30 days or less prior to arrival date will result in the forfeit of 100% of the Rental Amount.
Cancellations are effective on the date written notice is received by mail, fax, or e-mail in HTP’s office. If a refund is applicable, the refund payment will be processed within two weeks of HTP’s receipt of the cancellation notice and will be paid via check or by refund to the Guest’s credit card on file.
INDEMNIFICATION OF HTP BY GUEST:
Guest hereby releases, remises, and agrees to indemnify, defend, and hold harmless the Property Owner, HTP and HTP’s successors, assigns, officers, directors, owners, members, shareholders, partners, managers, agents, affiliates, parent and subsidiary entities, and independent contractors (the “HTP Indemnitees”) of and from any and all liabilities, losses, claims, actions, judgments, suits, fines, penalties, demands, actions, causes of action, damages, costs, or expenses, including, but not limited to, all reasonable costs for defense and investigation thereof (including but not limited to attorney’s fees, court costs, expert fees, investigative fees, and other costs), whether based in contract or tort, law or equity, including but not limited to claims for bodily injury, death, damage, or destruction to person or property, or any other claims against any of the HTP Indemnitees arising from, relating to, or in connection with the Property or theperformance by HTP of the services described herein and regardless of whether such claims or actions are founded in whole or in part upon the sole, joint, comparative, concurrent, or proportionate alleged negligence of any of the HTP Indemnitees. This indemnity shall survive termination of this Agreement.
NO REPRESENTATIONS:
THE PARTIES WARRANT, ACKNOWLEDGE, STIPULATE AND AGREE THAT THEY HAVE BEEN GIVEN A REASONABLE PERIOD OF TIME TO CONSIDER THIS AGREEMENT AND HAVE THOROUGHLY REVIEWED IT, AND AFTER BEING FULLY ADVISED BY THEMSELVES AND/OR THEIR RESPECTIVE COUNSEL PRIOR TO THE EXECUTION OF THIS AGREEMENT, HAVE AGREED TOALL OF THE TERMS OF THIS AGREEMENT.
EACH PARTY WARRANTS AND REPRESENTS THAT IN EXECUTING THIS AGREEMENT, NO PROMISE, ASSURANCE, STATEMENT, AGREEMENT, OR REPRESENTATION WHICH IS NOT SPECIFICALLY SET FORTH AND EXPRESSED HEREIN HAS BEEN MADE TO IT AS AN INDUCEMENT FOR THE PARTY TO ENTER INTO AND EXECUTE THIS AGREEMENT, AND THE PARTY DID NOT RELY AND HAS NOT RELIED UPON ANY REPRESENTATION, ASSURANCE, PROMISE, AGREEMENT, OR STATEMENT MADE BY ANOTHER PARTY OR ANY OF ITS RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, OWNERS, PARTNERS (GENERAL AND LIMITED), AGENTS, REPRESENTATIVES OR ATTORNEYS, OR ANY OTHER OF THE OTHER PARTIES WITH REGARD TO (1) THE SUBJECT MATTER OR EFFECT OF THIS AGREEMENT, OR (2) ANY OTHER FACTS OR ISSUES WHICH MIGHT BE DEEMED MATERIAL TO THE PARTY’S DECISION TO ENTER INTO THIS AGREEMENT, OTHER THAN AS SPECIFICALLY STATED IN THIS AGREEMENT.
EACH PARTY IS RELYING ON ITS OWN JUDGMENT AND HAS BEEN REPRESENTED BY ITS OWN LEGAL COUNSEL IN THIS MATTER OR GIVEN THE OPPORTUNITY TO ENGAGE ITS OWN LEGAL COUNSEL IN THIS MATTER AND CHOSEN NOT TO DO SO.
PROPERTY CONDITION:
HTP advertises our properties as they are to the best of our ability, and HTP has no responsibility or liability for the conditions of the rental properties or any problems arising therefrom, specifically including any latent defects, defects or conditions caused by the environment, or other defects not obvious to a lay person via visual inspection. Nor can HTP be held liable for any injuries, accidents, theft, damages, or other misfortune or harm that may befall the Guest and/or the Guest’s invitees during their stay at the Property.
It is understood that each property and its furnishings are privately owned by HTP. If furniture is moved, the Guest will be responsible for any charges incurred in returning it to its proper location.
Within each HTP property, some garages, closets, or cabinets may be locked or inaccessible. These are for the Property Owner’s use only and will not be available for Guest’s use. Tampering with any of these will result in a forfeiture of the Security Deposit and the Guest will be responsible for the full amount of any and all damages, including additional housekeeping expenses and reasonable attorney’s fees. If the Guest tampers with or breaks into a Property Owner’s area, the Guest will be charged for breaking and entering.
GOVERNING LAW; VENUE.
This Agreement was negotiated in, entered in, and is performable in Nueces County, Texas and shall be governed by and interpreted in accordance with the substantive laws of the State of Texas without regard to its conflict of law principles. The Parties acknowledge and agree that any and all disputes arising from or related to this Agreement or the obligations contained herein shall be brought only in the state courts located in Nueces County, Texas. All parties to this Agreement consent to personal jurisdiction in Texas.
THE PARTIES HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY LITIGATION ARISING OUT OF OR RELATING TO THE TERMS OF THIS AGREEMENT AND/OR ANY SERVICES PROVIDED PURSUANT TO THIS AGREEMENT.
The Parties agree that, in any suit or action to enforce the terms of this Agreement, the prevailing party shall recover all costs and expense including, without limitation, reasonable attorney’s fees and court costs.
OCCUPANCY & PARKING:
The Guest agrees not to exceed the posted occupancy or parking limits allowed by the Property as provided to you during booking process. If you have a question on what the actual occupancy or parking limits are for a particular property, it is the Guest’s responsibility to clarify prior to booking. Babies under the age of 1 are not included in the occupancy count. HTP does not rent to ANYONE UNDER THE AGE OF 25. FAILURE TO CONFORM TO THE OCCUPANCY AND PARKING REQUIREMENTS IS A VIOLATION OF CITY CODE AND MAY SUBJECT OCCUPANTS TO CITATION. Violation of this Agreement will result in the immediate termination of the Rental Agreement with no refund for any remaining nights.
COMMUNICATION AND SMS:
Guest agrees to receive communication from HTP. This may include: messaging via the booking site where reservation was made, phone call, text message (terms can be found here: SMS Policy (link)), and email.
HURRICANE EVACUATION POLICY: PLEASE READ CAREFULLY:
HTP will not issue any refunds for delays or cancellations due to hurricane evacuations or any other natural disasters. HTP encourages you to purchase travel insurance (including hurricane travel insurance) with coverage for mandatory hurricane evacuations and all other natural disasters (subject to policy terms and conditions) in order to protect your travel investment. You may purchase travel insurance from a provider of your choice.
SWIMMING POOL USAGE:
For any HTP rental properties with a private pool, neither HTP, any related homeowners association, nor the Property Owner are responsible for injuries or accidental death resulting from utilizing the pool or surrounding area. Guest and any of Guest’s invitees utilize any swimming pools and surrounding areas located at the Property at their own risk, and are solely responsible for ensuring that access to and use of any swimming pools on the Property is done safely and with proper supervision, if applicable.
PENALTY FOR VIOLATION OF THIS AGREEMENT:
If the Guest violates any of the conditions or restrictions of this Agreement, HTP reserves the right to terminate this Agreement and enterthe Property. Upon notice of termination of the Agreement, the Guest and all invitees shall vacate the Property immediately without being entitled to any refund of the Rental Amount or the Security Deposit, in addition to any other fees, expenses, or damages that may be charged pursuant to this Agreement.
UNAVAILABILITY OF ACCOMMODATIONS:
HTP reserves the right to move guest reservations to other comparable units based on unforeseen circumstances that make the original rental unit unavailable (including, but not limited to, a residence changes ownership; a residence is removed from the rental program; an act of nature; a mechanical failure; or any other reason beyond HTP’s control).
SMOKING POLICY:
Smoking and/or vaping is not permitted inside or outside any of HTP’s rental properties, including the Property subject to this Agreement. Guests will be financially responsible for any damages and extra cleaning, if applicable, due to smoking in a Non-Smoking designated property. If evidence of smoking/vaping exists, the Guest credit card on file will be charged an additional $500 cleaning fee. An additional $100 grounds cleaning fee will be charged for cigarette debris left by Guest and/or Guest’s invitees outside the Property.
GUEST RESPONSIBILITIES:
While there may be numerous occupants of the Property during the Rental Period, only the Guest(s) signing this Agreement will be held responsible by HTP for payment of the Rental Amount, the Security Deposit, any additional fees, and all other responsibilities enumerated in this Agreement. The grill must be cleaned by the Guest prior to departure. A $25 fee will be charged to the credit card on file for food removal or grate cleaning. A $25 fee will be charged to the credit card on file for excessive trash. Excessive trash is anything that has to be hauled away because it will not fit in the provided receptacles.
REPAIRS/CONSTRUCTION:
Even the best or newest equipment occasionally malfunctions and cannot be guaranteed 100% of the time. HTP uses the best administrative staff and maintenance personnel available. Problems are corrected as soon as humanly possible. HTP or an authorized employee or repairman may enter the premises during business hours for any purpose connected with the repair, care, or maintenance ofthe Property. Refunds will not be issued due to malfunctioning equipment or other Guest dissatisfaction with the Property or its surroundings. HTP rents properties in a highly desirable developing resort area with surrounding properties occasionally under construction. Guests will not be moved or refunds given due to construction noise.
PETS:
Pets are NOT permitted inside or outside any of HTP’s rental properties, including the Property subject to this Agreement. Guests will be financially responsible for any damages and extra cleaning, if applicable, due to a pet on/within the property. If evidence of pets exists, the Guest credit card on file will be charged an additional $500 cleaning fee.
PROPERTY AVAILABILITY:
In the event that the dwelling is undergoing any major repairs during the Rental Period, HTP shall be held harmless by Guest. In such circumstances, HTP will make every effort to move Guests to comparable accommodations. Rental rates are subject to change based on comparable accommodations. If comparable accommodations, based on HTP’s recommendations, are not available, the Guest agrees to accept a full refund of any monies paid as full and final satisfaction.
PERSONAL PROPERTY/VALUABLES:
Lock all doors and windows when you leave the Property. We also highly recommend locking up when enjoying the pool or beach. HTP will not be held liable for any lost or stolen items, or other damages to any personal property for personal items left by Guest in the Property at departure or during stay. Thoroughly check all drawers and closets before departing. HTP only returns left behind items upon request at the Guest’s expense, which includes a $25 return fee in addition to any necessary postage.
AMENITIES:
During your stay, promptly report any maintenance problems to HTP by phone at (361) 333-5511 or email at info@hi-tecproperties.com. No refund or rate adjustment will be made for unforeseen failures including, but not limited to, the supply of electricity, water, pool filtration systems, air conditioning, telephone, television, cable, or internet services, appliances, or golf carts.
APPROVED USE OF THE PROPERTY:
Any use of the dwelling other than residential use during a family vacation must be approved in writing by HTP. If the dwelling is to be used for any event such as weddings, receptions, “parties,” or large gatherings, the Guest agrees to submit a request for approval to HTP and adhere to HTP’s determination on that request. If HTP approves the event, the Guest will be required to pay an “event fee” and an additional security deposit. HTP determines the “event fee.” If the Guest misrepresents an event (said misrepresentation to be determined by HTP), the Guest will forfeit the security deposit paid, may be asked to vacate the property, and will not be entitled to any refund.
Please respect your neighbors, many of whom are permanent residents. No loud music or outside parties after 10:00 pm. Please bring in any temporary items such as coolers or items that might blow away in a high wind when the weather is inclement.
EV CHARGING STATION:
For any HTP rental properties with an EV charging station, neither HTP nor the Property Owner are responsible for injuries or accidental death resulting from its usage. Guest and any of Guest’s invitees utilizing any EV charging at the Property will be at their own risk, and are solely responsible for ensuring safe operation, proper supervision, and compatibility, if applicable.
QUIET TIME:
Guests are advised that noise travels easily, and that it is important to be respectful of others at all times. There is a noise curfew at 10:00 PM in all residential areas and all Guests are expected to comply with this rule. HTP installs and utilizes a Minut Monitor inside each property. Minut is a noise, occupancy, and climate monitor. The Minut device is camera free and measures sounds levels without recording or listening. No personal data is collected or stored. This is ensure the best experience for the tenants and surrounding neighbors. To learn more: https://www.minut.com/blog/6-reasons-hosts-love-minut/
ONSITE TECHNOLOGY DISCOLOSURE:
Minut Device – as described above in Section. - No interior audio recording on any property.
Various security cameras (none pool facing)
Guest Wi-Fi – requires agreement guest network terms and conditions.
Samsung SmartHub – TV’s, Fans, Appliances and Lighting are connected.
Various WI-FI Connected Devices, example but no limited to, Ecobee Thermostat
NO ORAL MODIFICATIONS:
This Agreement may not be modified, amended, or terminated orally. No modification, amendment, or termination, or any waiver of any of the provisions of this Agreement, shall be binding unless same is in writing and signed by the person against whom such modification, amendment, or waiver is sought to be enforced.
NO WAIVER:
The failure of any of the Parties to enforce at any time any provision of this Agreement shall not be construed to be a waiver of such provision, nor in any affect the validity of this Agreement or any part thereof or any right of any person thereafter to enforce each and every provision. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other breach.
ENTIRE AGREEMENT:
This Agreement constitutes the entire Agreement between the Guest and HTP concerning the rental of the Property described herein and supersedes and replaces any and all prior agreements between the Guest and HTP, if any, whether written or oral, concerning the rental of the Property. It is understood and agreed that all future rights and obligations of the Parties as to each other shall be governed solely by this Agreement.
CITY OF PORT ARANSAS REGULATIONS:
AS DESCRIBED IN SECTION 9, FAILURE TO CONFORM TO THE OCCUPANCY AND PARKING REQUIREMENTS IS A VIOLATION OF CITY CODE AND MAY SUBJECT OCCUPANTS TO CITATION.
AS DESCRIBED IN SECTION 21, NO LOUD MUSIC OR NOISE.
ALL LIGHTS SHOULD BE FACED TOWARDS THE GROUND SHOULD NOT PASS PROPERTY BOUNDARIES.
THIS IS A LEGAL DOCUMENT. READ IT CAREFULLY. IF YOU DO NOT UNDERSTAND THE EFFECT OF ANY PART OF THIS AGREEMENT, SEEK LEGAL ADVICE
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