Padre GetawaysVacation Rental Agreement

PARTIES TO THIS AGREEMENT: This VACATION RENTAL AGREEMENT is between Padre Getaways and you, the guest who made the reservation. You must be 25 years of age to rent this property. Padre Getaways may request, and all guests must provide, a valid ID as proof of age. You must personally be in residence during the entire stay. Your reservation is confirmed for the number of guests listed on the Guest Registration section of this agreement. Except for children with parents, all guests must be at least 25 years of age. Adults cannot rent properties on behalf of persons under 25 years of age. You are responsible for the conduct of all persons you invite or allow to remain at the property. _________ (Initials)

RESERVATION: If you are making a reservation more than 30 days prior to arrival, a Rental Deposit equal to 25% of the Full Rental amount is due at time of reservation. The Full Rental Amount includes rent plus all fees and taxes and is due in full 30 days prior to arrival. All reservations require a completed Vacation Rental Agreement through our guest portal within 24 hours of booking your reservation; otherwise your reservation will be cancelled. However, our Vacation Rental Agreement is legally binding at the point the reservation is secured by payment, regardless of whether you book by phone or online. Booking through a third-party website does not waive Padre Getaways’ rights under this Vacation Rental Agreement.

CANCELLATIONS: Reservations cancelled 60 or more days from arrival will be fully refunded, minus a cancellation fee ($100) and travel insurance premium, if applicable. Reservations cancelled between 30 and 60 days from arrival will resort in forfeiture of the Rental Deposit. Reservations cancelled 30 or fewer days from arrival will result in forfeiture of the Full Rental Amount. Rates fluctuate according to date, demand, and availability. If a Guest rebooks a cancelled reservation, current rates will prevail. No refund will be granted for cancellations due to early departure (including mandatory evacuation of South Padre Island), weather, and/or other acts of God. Accordingly, Padre Getaways strongly recommends that guests purchase travel insurance to cover such events. _________ (Initials)

GUESTS: This property has a guest maximum occupancy of adults and children as listed on your confirmation, which includes adults and children. This maximum occupancy applies at any point in time, day or night, including interior, exterior, grounds, driveways, backyard and pool. Parties, organized social events, weddings, company gatherings, family reunions, or any activity where guests not registered are present are strictly prohibited. Subleasing the property or advertising the property in any form including but not limited to social media is strictly prohibited. Your reservation is subject to immediate cancellation without benefit of refund of any amounts paid or deposited, if more guests than registered are present on the premises. _________ (Initials)

CHECK-IN: Check-in is from 3:00 p.m. until our office closes (6 p.m. Mon-Fri and 4 p.m. Sat-Sun). If you arrive prior to check-in time, please do not pressure our team to allow you to go to your vacation rental. Instead, consider visiting our beaches or a local attraction in the meantime. Padre Getaways inspects every property on the day of check-in and wants to ensure that our team has ample time to do so. After-hour arrivals are subject to a $50 late check-in fee (+tax/processing).

CHECK-OUT: Check-out time is at 11:00 a.m. If the property is available the night before your check-out, Padre Getaways can guarantee a late check-out from 12 p.m. to 4 p.m. for a charge of half of the daily rate ONLY after making prior arrangements with our office. Unless arrangements for late check-out are confirmed, you authorize Padre Getaways to charge for an extra night for any guests remaining past check-out time. _________ (Initials)

KEYS & PROPERTY ACCESS: Upon check-in, you will receive 2 sets of keys for your property and a garage opener, if applicable. You authorize Padre Getaways to charge you $40 for any key or garage opener not returned at check-out. Please make sure that your key is with you each time you leave your property. You authorize Padre Getaways to charge you $50 for any lockout that requires Padre Getaways to bring a key to the property or to return to the office after hours to provide a replacement key. _________ (Initials)

PARKING: Parking is extremely limited on South Padre Island and the number of allowed vehicles varies for each property. Parking passes are provided for the number of vehicles allowed. Parking is not allowed on streets, lawns, beach accesses, etc. It is your responsibility to ensure that vehicles are parked in the appropriate designated area with parking passes properly displayed. Tents, RVs, campers, trailers, and motor homes are not permitted. Please check with us in advance of your stay to see if your property allows boat trailer parking. Padre Getaways is not responsible for any fees associated with towing or disablement of any vehicles owned by you or anyone on the property.

RATES AND CONFIRMATION: Padre Getaways has made every effort to provide accurate information on our website and across all third-party sites, however, errors, omissions, and changes in pricing and descriptions can and do rarely occur. Padre Getaways reserves the right to correct errors, omissions, and changes in pricing/details as we become aware of them or when confirming your reservation details.

TRAVEL INSURANCE: If the unexpected happens and you must cancel your vacation, Padre Getaways wants you to rest easy knowing you can recover your vacation rental investment and plan again. Travel insurance is designed to protect your investment, your belongings and, more importantly, you. Travel insurance is optional, but Padre Getaways strongly encourages you to take advantage of this optional coverage (especially during hurricane season – June 1 to November 30). If you decline the travel insurance, you acknowledge that changes or cancellations may result in loss of up to the Full Rental Amount even in the event of a mandatory evacuation of South Padre Island. If you choose to opt out of the coverage at time of booking, you may call us to add Sun Trip Preserver coverage at any time prior to making your final payment. Before making your financial decision, please familiarize yourself with our cancellation policy and the Sun Trip Preserver policy. Travel Insurance premiums are non-refundable under any circumstances.

ACCIDENTAL DAMAGE WAIVER: Padre Getaways provides damage protection for our guests during their stay in the form of a limited damage waiver. This waiver is automatically added to each reservation and is non-refundable. It is not insurance. This gives our guests peace of mind knowing when accidents happen, they are covered. Please report any damage to the unit as soon as it occurs so Padre Getaways may assess and/or minimize the extent of damage.

The accidental damage waiver is only valid if:

  1. the incident is reported at the time that it occurs.
  2. the guest is in compliance with all terms of the Vacation Rental Agreement.
  3. the damage is not a result of intentional acts, gross negligence, willful misconduct, theft of personal property, theft of contents, or damage caused by pets/animals brought onto the premises by guests.
  4. the damage is deemed, in the sole discretion of Padre Getaways, to be accidental. Intentional damage, excessive cleaning, and the cost of reprogramming electronics are NOT deemed to be accidental.
  5. the damage does not exceed $1000.

Any damage not covered by the Accidental Damage Waiver is your responsibility. You authorize Padre Getaways to charge the credit card on file or you agree to provide an alternative source of payment for the cost of damages. _________ (Initials)

DAMAGE DEPOSIT: At the sole discretion of Padre Getaways, a refundable damage deposit of between $300 and $1000 may be required to reserve certain vacation rental properties. This refundable damage deposit is in addition to the mandatory Accidental Damage Waiver. It is fully refundable within 10 business days after departure, provided that no damage has occurred to the property or contents, no items are missing from the property inventory, and there are no violations of this agreement. You acknowledge that in the event of eviction, there will be no refund of any amounts paid or deposited. _________ (Initials)


ILLEGAL ACTIVITIES AND NOISE: You must comply with all city noise ordinances. No loud noise is allowed after 11:00pm or before 9:00am. Any guests engaging in or arrested for any illegal activity will be subject to immediate eviction without benefit of any refund. Should you be disturbed by noise from occupants of neighboring properties, Padre Getaways recommends that you call the South Padre Island non-emergency police line at 956-761-5454. For any act more serious, please dial 911.

PETS: Unless provided in provisions below, animals are not allowed at this property. If you bring an unregistered animal, you will be subject to immediate eviction and forfeiture of all amounts paid or deposited and you authorize Padre Getaways to charge you a minimum of $100 for additional cleaning. _________ (Initials)

LOST ITEMS: Guests are responsible for the cost of packing and shipping any personal items left at the property and retrieved by our team. Padre Getaways is not liable for any items or the cost to replace them, in the event that they are not found.

FURNISHINGS & AMENITIES: All properties are privately owned and reflect the owner’s personal taste. An inventory of standard household items, such as furnishings, kitchen appliances, linens, towels, etc., is kept current by Padre Getaways. Additional and unique equipment/amenities, such as DVDs, recreational games, beach gear, grills, etc., are furnished as a courtesy by the owner and are not guaranteed by Padre Getaways. Every effort has been made to ensure the accuracy of the property information on our website, however, it is subject to change of property contents and features without notice. You authorize Padre Getaways to charge you for any missing items after your stay. Upon departure, any furnishings/amenities/electronics that may have been moved or disconnected must be placed or reconnected back to their original position within the property. If you notice any damage upon arrival, you must notify Padre Getaways the day of check in. _________ (Initials)

EXCESSIVE CLEANING: You authorize Padre Getaways to charge you an additional cleaning fee when the property is left in a condition that requires extra cleaning. Please place all trash in the outside trash containers and place all dishes in the dishwasher. Place all towels in the shower/bathtub. There is no need to make up the beds. The decision to charge an excessive cleaning fee is at the total discretion of Padre Getaways. _________ (Initials)

SMOKING: All Padre Getaways properties are non-smoking properties. Violation of the smoking policy will result in eviction and forfeiture of all amounts paid or deposited. When smoking outside of the property, doors and windows to the property must be kept closed to block smoke from entering inside. Upon, check out, if evidence of smoking is detected, you authorize Padre Getaways to charge you a minimum of $500. _________ (Initials)

MAINTENANCE & INCONVENIENCE: When you are staying in a vacation rental property, just as in your own home, things can and do break down unexpectedly and there may be other inconveniences.

Construction? Unfortunately, Padre Getaways is not privy to construction schedules or plans in the area to provide a notice of construction occurring near your vacation rental.

Substitutions? If the vacation rental you have booked is removed from our rental pool, sold, or if extraordinary circumstances render the property uninhabitable, Padre Getaways reserves the right to substitute a comparable property.

Common Amenities? Some pools, fishing piers, boat slips, gyms, sports facilities, elevators, etc., are owned and managed by entities other than Padre Getaways. Therefore, Padre Getaways is unable to guarantee their operation and availability during your stay.

Bugs? In Texas, we have them and they are sometimes BIG! All our properties do, however, undergo routine extermination. If you encounter live pests in your property, please notify us immediately.

Appliance Failure (refrigerators, clothes dryers, ice machines, etc.)? Our humidity sometimes makes it a challenge for appliances to work to their normal capacity. Ice machines are typically disconnected due to the mineral content of island water. Padre Getaways recommends bottled water and/or bagged ice.

Utility Outages (Internet, Water, Power, etc.)? Island living can sometimes result in challenges with utility services. You may experience brief interruptions in power or water, which Padre Getaways cannot predict or control. Wireless internet is an added amenity to our guest at no additional cost. Padre Getaways cannot guarantee reliable internet service or the speed that guest may be accustomed to. If speed and connectivity are important, Padre Getaways strongly recommends bringing a personal hotspot device.

If problems arise, Padre Getaways will make every effort to resolve the issue or report the problem to the appropriate service provider. Padre Getaways cannot be held accountable for problems we are not made aware of prior to your departure. If maintenance is required during your stay, please call our office during business hours. To report water leaks, loss of power or air conditioning, please call our 24/7 emergency phone. There will be no monetary compensation due to mechanical malfunctions or service outages that Padre Getaways is unable to control or resolve.

WAIVER OF LIABILITY: By making this reservation and checking into the property, the reservation holder, representing members of his/her party, and guests (hereinafter referred to individually and/or collectively as ‘GUESTS’) hereby agree to release and waive all liability in consideration for being permitted to enter the property. Each person who arrives on the property does so at their own risk and accepts full liability and responsibility for that risk and whatever occurs to them while they are on or around the property. GUESTS acknowledge and accept these risks and RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Padre Getaways LLC or the owner of the property, either personally and/or as a company or corporate representatives, including their members, managers, operators, officers, directors, employees, or contract employees.

GUEST ACKNOWLEDGMENT:

_________ (Initials) I have read, understand, accept, and agree to abide by the terms and conditions of this Vacation Rental Agreement. THIS AGREEMENT IS A SHORT-TERM VACATION RENTAL CONTRACT AND DIFFERS IN TEXAS LAW FROM THAT OF A RESIDENTIAL LEASE. TO COMPLY WITH CITY OF SOUTH PADRE ISLAND SHORT TERM RENTAL REGULATIONS, WHEN REQUESTED BY LAW ENFORCEMENT OR OTHER AUTHORITY, YOU MUST PROVIDE A COPY OF THIS SIGNED AGREEMENT.  PADRE GETAWAYS AS AUTHORIZED REPRESENTATIVE OF THE OWNER, HAS THE RIGHT TO ENTER THE PROPERTY WITH REASONABLE NOTICE FOR THE PROTECTION OR MAINTENANCE OF THE PROPERTY, OR ENFORCEMENT OF THE TERMS AND CONDITIONS OF THIS AGREEMENT UP TO BUT NOT LIMITED TO FULL EVICTION. BY SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE THAT IN THE EVENT OF ANY ENFORCEMENT ACTION UP TO BUT NOT LIMITED TO EVICTION, ALL AMOUNTS PAID INCLUDING THE FULL RENTAL AMOUNT AND FULL DAMAGE DEPOSIT WILL BE FORFEITED.

_________ (Initials) I am at least 25 years of age and will occupy the property the entirety of this reservation.

_________ (Initials) I am not renting for a party, organized social event, wedding, company gathering, family reunion, or any activity where guests not registered are present.

_________ (Initials) I am not renting on behalf of persons under 25 years of age.

_________ (Initials) I authorize Padre Getaways to charge my credit card and or deduct from the Security Deposit for any missing furnishings, damages not covered by the Accidental Damage Waiver, excessive cleaning, smoking and/or late check out fees.

_________ (Initials) I understand that if I vacate the property early for any reason or if I am evicted, that I am not entitled to a refund of any amounts paid or deposited.

_________ (Initials) I am the cardholder for the credit card which has been provided for all amounts paid or deposited on this reservation.

There may be additional terms, conditions, and provisions that apply to your reservation.


GUEST NAME: _________________________________________                                  DATE: __________________________ 


SIGNATURE:    _________________________________________                          PHONE #: __________________________