Guest Agreement
Updated: December 2023
This Rental Agreement (the Agreement), which includes the Rental Rules and Conditions set forth herein, is made by and between Ritzy Room, LLC (Rental Agent) as manager for the owner and the “Guest”, who is the responsible party for the rental of the Property, as determined by the reservation. The parties hereby agree as follows:
1. Property: The rental property is the “Property” identified on the Rental Agent’s booking website with Lodgify (the “Site”). The Property is fully furnished and includes the appliances, amenities, and other provided items as described on the Site. Unless otherwise defined herein, any capitalized terms shall have the meaning as set forth on the Site.
2. Rental Party: The rental party shall consist of Guest and the persons identified as additional occupants of the Property on the Site.
3. Maximum Occupancy: The maximum number of occupants (Guest and other persons, including children) is limited to the number of persons stated on the Site for the Property. Additional charges per person per night for occupants in excess of the maximum will be assessed as stated on the Site.
4.Term of the Lease: The vacation rental lease begins at 3 p.m. on Check-in Date and ends at 11 a.m. on the Check-out Date. Failure to adhere to the check-out time may result in an additional late fee, unless approved by Rental Agent in advance of the Check-in Date.
5. Guest Screening: Guest gives permission to the Rental Agent to use a third-party to screen Guest identity and check criminal databases to confirm Guest’s background in connection with this reservation. Complete terms regarding the guest screening process can be provided by the
Rental Agent or is available on the Site. Guest may receive an email to complete the screening. The Guest should check spam inbox for this email and contact the Rental Agent if there are any questions regarding this process.
6. Rental Rate and Fees
A. Deposit: A Deposit is due immediately upon the date of booking as set forth on the Site. The Deposit is non-refundable and applied to the rental charges and other fees, except as provided in the Cancellation Policy.
B. Rental Rate and Fees: The Rental Rate per night, any additional fees (e.g. cleaning, pet - if applicable, and other fees) are based on the accepted reservation as set forth on the Site.
7. Cancelation Policy: If Guest wishes to cancel the reservation, the deposit will be refunded as provided in the Cancellation conditions on the Site.
The Rental Agent shall also be entitled to cancel this Agreement and terminate the Guest’s stay if there is a breach by Guest of this Agreement, including without limitation, if the Rental Rules are broken during rental period.
8. Payment: Acceptable payment methods are: credit card only.
All payments, unless otherwise specified, will be processed on the Site.
By completing and submitting the reservation on the Site, Guest gives permission to the Rental Agent to charge the credit card account of Guest for all amounts of the Deposit, Rental charges and all fees; and further agrees that all deposits and rental monies are non-refundable except under the cancellation policy.
9. Insurance: We encourage all renters to purchase traveler insurance in case of unforeseen circumstances, accidents or other issues that may prohibit Guest from traveling or fulfilling rental terms. Rental Agent shall not be responsible for such events or issues.
The parties agree to all the terms of this Rental Agreement (including the additional Rental Rules set forth below), as evidenced by the submission of the reservation by Guest on the Site and by Rental Agent’s acceptance of the Deposit.
10. Rental Rules: Guest agrees to abide by the following Rental Rules and Conditions (also referred to herein as the “Rental Rules”) at all times while at the Property and shall cause all occupants of the rental party and any other person or visitor Guest permits on the Property to abide by the Rental Rules at all times while at the Property. Guest shall be responsible for the actions of all occupants and invitees.
A. CONDITION OF PROPERTY
The Property is provided in "as is" condition. Rental Agent shall use its best efforts to ensure the cleanliness of the property at check-in time and operation of all amenities in the Property, such as internet access, satellite or cable TV access (if available at the Property as advertised). Rental Agent shall not be held responsible for any item’s failure to work but will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges that use of amenities such as pools, firepits, BBQs and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children, and such use is at the Guest's own risk.
If the premises (or any appliances) are or appear less than satisfactory or damaged upon Check-in, Guest shall inform Rental Agent immediately. (i.e., within 24 hours of Check-in time).
B. USE OF PROPERTY
The Property shall be used for residential purposes only and in a careful manner to prevent any damage or loss to the Property. The Guest shall keep the Property in clean and sanitary condition at all times. Guest and any additional permitted occupants or guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest use the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property. In addition, the Guest and all other occupants or persons on the Property shall abide by the “House Rules” stated below. The Guest is fully responsible for the actions of other occupants and persons on the Property with Guest’s consent.
C. SPECIAL “HOUSE RULES”
In addition to the other terms and conditions included herein, Guest acknowledges and agrees that the following rules, called the “House Rules”, apply to the Guest's rental of the Property:
1. No unauthorized parties or events. Any party or event must be approved in writing by Rental Agent in advance of Check-In Date.
2. Quiet time after 9pm. Guest shall not have or permit: (i) gatherings with invitees, (ii) excessive noise or activity on or near the Property, or loud music (i.e., audible outside of the Property) after 9 pm in the evening.
3. Absolutely No firearms are allowed on the Property under any circumstances.
4. Absolutely No Smoking on or in proximity to Property. Any smoking or vaping must be at least 40 feet away from building in which the Property is located and away from any courtyard, patio, pool area or similar common or adjacent areas.
5. NO PETS (unless pre-approved by Rental Agent for certain service animals). There is a special $250 pet fee for any authorized pet(s) or evidence that unauthorized pet(s) were allowed on Property.
6. Pool/Spa hours 9am – 7pm (If such amenity is provided)
7. Re-position Furniture. All furniture must be put back in its original place on the Property upon Check-out or Guest shall be subject to $500 fee.
8. No unregistered occupants. The Guest shall register Guest and all occupants (i.e., persons staying overnight) on the Property at the time of booking the reservation on the Site under the terms of this Agreement. Any changes must be clearly communicated to the Rental Agent; and if approved, the additional rental fees must be paid on or before three (3) days prior to Check-in date.
9. Parking Compliance. All vehicles must be parked on the Property site in the designated spaces, making sure to avoid encroaching into the streets or other parking spaces. No parking on the grass. Guest will be informed by Rental Agent if parking passes are required.
D. NO 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: (i) registered occupants of the Guest and (ii) included within the number of and as permitted occupants under this Agreement.
E. DEFAULT
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. No refund of any portion of the Deposit, total rental fees and other charges shall be made; and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs and attorney’s fees incurred.
F. RISK OF LOSS AND INDEMNIFICATION
Guest agrees that all personal property, furnishings, personal effects and other items brought into the Property by Guest, or their permitted occupants and invitees shall be at their sole risk with regard to any theft, damage, destruction or other loss; and Rental Agent shall not be responsible or liable for loss or damage to such property for any reason whatsoever.
Guest hereby covenants and agrees to indemnify and hold harmless Rental Agent, the Property owner, and their agents, successors, assigned employees and representatives from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, losses, costs, attorney's fees incurred by Guest, occupants, invitees or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or by any of the above-referenced persons in or about the Property
G. RELEASE
Guest hereby, on Guest’s behalf and on behalf of all occupants with Guest and invitees, waives and releases any claims against Rental Agent, the Property owner and their successors, assigns, employees or representatives, for any injuries or deaths that may be sustained by Guest or such persons on or near or adjacent to the Property, including any common facilities, activities or amenities. Guest and all persons accompanying Guest agree to use the Property and all such facilities or amenities entirely at their own initiative, risk, and responsibility.
H. 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 agents of such persons. If Rental Agent has a reasonable belief that there is imminent danger to any person on the Property or to the Property, Rental Agent may enter the Property without advance notice.
I. 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 all payments made by the Guest, with respect to the period the Property is unavailable, whereupon this Agreement shall be terminated, and Guest and Rental Agent shall have no further obligations or liabilities of type or manner pertaining to this Agreement.
J. CANCELATION REFUNDS
Any refunds that may be owed in compliance with the cancellation policy detailed un this Agreement for this Property shall be processed and returned no later than 45 days following the date of Check-out of the original reservation for which the refund is requested or granted.
K. GENERAL PROVISIONS
1. This Agreement (including the Site reservation) contains the entire agreement between the parties with regard to the rental of the Property. Any changes, amendments or modifications hereof shall be void unless the same are in writing and signed by both the Guest and the Rental Agent.
2. Please read and understand our cancellation refund policy. Reservation deposits and other charges are refundable only in compliance with our policy. The policy cannot be changed.
3. This Agreement shall be governed by the laws of the State Texas. The words "Rental Agent" and "Guest" shall include their respective heirs, successors, representatives. 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, and shall be fully enforced.
4. By the submission of the booking reservation of the Property on the Site, the Guest acknowledges and agrees that (i) Guest’s acceptance of this Rental Agreement is a condition of all reservations processed and made for this Property, and (ii) This Rental Agreement shall be binding on Guest upon the acceptance of the reservation by Rental Agent.