* Litter: Guests should put their trash in designated trash receptacles and be mindful of excessive amounts of trash.
* Damage: Where guests cause damage that is beyond normal wear and tear, we expect guests to inform Hosts of the damage as soon as possible and work with the Host to find a reasonable solution.
* Cleanliness: Guests should not leave the listing in a state that requires excessive or deep cleaning (ex: with moldy dishes, soiled carpets, stains from pets, etc.). Cleaning fees set by Hosts are only meant to cover the cost of standard cleaning between reservations (ex: laundry, vacuuming, etc.).
* Approved guests: Guests should respect the approved number of guests and should ask their Host if they’re unsure about the rules for visitors.
* Check-in time: Guests should respect their Host’s check-in window. Any check-in before or after the designated window should be approved by the Host.
* Checkout time: Guests should complete checkout, including key return, by the designated checkout time indicated on the Airbnb reservation. Always communicate with the host.
* Smoking: Guests should not smoke inside a listing unless they are allowed to do so by the Host. This includes the use of tobacco, cannabis, e-cigarettes, etc.
This Vacation Rental Agreement (“Agreement”) is for rental of the vacation rental property specified in a confirmed reservation (the “Property”). This Agreement is between: (1) Hoefs Properties, LLC and/ or Hoefs Haven, LLC and/ or Lazy H Retreats (“Hoefs” herein), and (2) the person who is the responsible renter of the Property (“you” or “Renter” herein).
By booking your rental of the Property with Hoefs, you acknowledge that you have read and understand, and agree to be bound by, all terms, conditions, and policies in this Agreement, including any Unit-Specific Terms (collectively, the “Terms”).
Unit-Specific Terms. Certain jurisdictions, resorts, and specific homes require renters to agree to additional terms and conditions (“Unit-Specific Terms”). We will inform you during the reservation process of any Unit-Specific Terms that apply to rental of the Property. If any provision of Unit-
Specific Terms differs from the Terms in this Agreement, the provision of the Unit-Specific Terms will control.
Channel Terms. If you are booking through a third-party marketing channel, your booking may be subject to that channel’s own terms and conditions (“Channel Terms”). If any provision of applicable Channel Terms differs from the Terms in this Agreement, the provision of the Channel Terms will control.
A. Minimum Age. The “Minimum Age” to rent the Property is the age specified in any Unit-Specific Terms. If no age is specified in the Unit-Specific Terms, the Minimum Age is 21 years of age (or the minimum age required by law in the jurisdiction where the Property is located, if different). You agree to provide us with proof of age upon request. A parent or legal guardian must accompany all guests who are under the Minimum Age for the entire duration of the rental.
B. Responsible Renter. As the Renter, you agree to be an occupant of the Property for the entire duration of the rental. All other occupants will be family members, friends, other responsible adults over the Minimum Age, or accompanied by a parent or legal guardian. You agree to be solely responsible for your actions and the actions of all family members, guests, and invitees (collectively, “Occupants”) present at the Property at any time during your stay, and to ensure that all Occupants understand and comply with the Terms.
C. Good Neighbor Policy. Because the Property is a privately owned home, all Occupants must comply with this good neighbor policy. Please treat the Property with the same care you would use with your own residence and leave it in the same condition it was in when you arrived. To prevent theft of or damage to furnishings or your personal property, you agree to close and lock doors and windows when you are not present at the Property and upon check-out. You and other Occupants agree to conduct yourselves throughout your stay in a manner that is respectful of and not disruptive to neighbors, traffic flow, or the community and that will not prompt complaints to Hoefs from police, neighbors, or neighborhood or homeowner associations. Noise audible outside the Property is prohibited between 10 p.m. and 8 a.m. You and other Occupants agree to abide by all applicable parking restrictions and limitations.
D. Maximum Occupancy. The number of people present at the Property may not exceed the maximum posted occupancy unless we have given you advance written permission to hold an event at the Property, in which case the number of people present at the Property may not exceed the maximum number of people authorized by Hoefs. Hoefs maintains the right to charge $100.00 per additional guest who is documented on the Property during your reservation. Hoefs maintains the right to terminate the reservation with no refund if additional guests are reported at the Property during your reservation without express written consent from Hoefs.
E. No Smoking. No smoking is permitted at the Property (including porches, decks, or outdoor areas) at any time.
F. No Permanent Residence. You agree that your use of the Property is on a temporary and transient basis only; that you may not use the Property as a permanent residence; and that your permanent residence is and will remain elsewhere than at the Property.
G. Animals. No animals or pets of any kind are permitted at the Property except
(1) as specifically authorized in your reservation, or
(2) bona fide service animals that we are required by law to allow. Emotional support animals are not permitted except as authorized pets. You agree that a prohibition on animals is not a guarantee than an animal has not been inside the Property or that the Property is free of animal or pet allergens.
H. Events and Commercial Photography; Structures; Charcoal Grills. Events and commercial photography or filming are prohibited at the Property
without our express written permission. (If approved, additional conditions and fees may apply.) No tents or other structures may be erected on the property without our express written permission. The use of personal charcoal grills is not permitted.
I. Criminal Activity Prohibited. Use of the Property for any criminal activity is prohibited and may result in fines, prosecution, and/or your immediate removal from the Property. This prohibition extends to use of the Property’s internet service, if any, for criminal activity, including but not limited to unlawful downloads of copyrighted material, including movies, music, software, or other material. We may cooperate with any investigation of alleged criminal activity that occurred at the Property during your stay.
J. Payment Terms; Fraud. If you are paying by credit card you represent that you are the account holder or an authorized user of the account. If for any reason, Hoefs believes your payment may be refused by the card processor, Hoefs may ask you for a different form of payment. Upon Hoefs’s request, you will immediately provide another form of payment and adequate proof that you are the account holder, or an authorized user of the account used for payment (such as a government-issued ID that matches the name on the account). Hoefs may cancel your reservation or remove you and all Occupants from the Property immediately if you fail to provide a form of payment that can be validated by Hoefs. We may share your credit card information and other information about you with law enforcement if we suspect fraud.
K. Consequences of Breach; Charges for Damage. Any failure by you or any other Occupants to comply with any of the terms, conditions, or policies above is a breach of this Agreement and may result in a forfeiture of your rights to rent the Property, up to and including immediate removal from the Property without refund and with or without the assistance of law enforcement. Hoefs may terminate this Agreement for breach, and if you are notified of such termination you agree to leave the Property immediately. In addition, you are responsible for, and you authorize us to bill your credit card on file for the full amount of:
(1) any damage or loss that occurs at the Property during your stay;
(2) a charge of up to $1,000 for violations of the pet policy, including for bringing more pets or different types of pets than specifically authorized;
(3) an additional cleaning fee of up to $500 (or the actual cost of cleaning services, if greater) for violations of any of the guest policies above (other than the pet policy) or for excessive cleaning required by the acts or omissions of any Occupant during your stay; and
(4) any fines issued by police, other government officials or agencies, utility providers, and/or homeowner associations for violation of any law, ordinance, or rule during your stay, and any damages (which may exceed the amount of fines) that result from the violation. If any unauthorized download of copyrighted material via the Property’s Internet service occurs during the period of your stay, you agree that we may share your contact information with the internet service provider or any other party we believe, for any reason, has enforcement rights.
L. Cancellation Policy; No Shows; Travel Insurance. Cancellation Policy will reflect the policy expressed on the booking platform. If booked directly through management or through a channel with no cancellation policy expressed for the property, rental payments are fully refundable (less the amount of Hoefs’s booking fee, which is earned on receipt and becomes nonrefundable 24 hours after booking) for cancellations received 30 or more days before the first night of your reservation. No full or partial refunds will be granted for no-shows or if you cancel less than 30 days before the first night of your reservation, arrive after the first night of your reservation, or depart before the last night of your reservation, unless you purchased Trip Protection at least 30 days before the first night of your reservation (or within 24 hours if reservation is made less than 30 days in advance of stay) and cancel for a covered reason. Except as expressly provided in this Agreement, no refunds or compensation will be given and Hoefs shall not be liable to you for failure to make the property available for occupancy if the property is unavailable or becomes partially or wholly unusable for any reason outside Hoefs’s control, including but not limited to adverse weather conditions, natural disasters, mechanical failures, evacuation orders or other acts of government agencies, or utility outages. Hoefs advises guests to obtain appropriate and comprehensive travel insurance that covers Renter and all Occupants and that includes coverage for personal injury, illness or disease, and property damage or loss. Any travel insurance you obtain shall be primary for all occurrences in which you or any Occupant claims injury, loss or damage.
M. Trip Protection. Trip Protection is a cancellation fee waiver that applies if you cancel your reservation for a covered reason and is available in some of the booking platforms as an option. If you purchase Trip Protection, you will receive a full refund for any nights of your reservation cancelled due to the documented death or serious illness of any guest or immediate family member, flight delays or cancellations, or access closures due to natural disasters or inclement weather. Trip Protection is not insurance and does not replace travel insurance.
N. Early Check-In/Late Check-Out. Early check-in or late check-out may be available on a case-by-case basis due to cleaning crew and reservation schedules; additional charges may apply. If you do not vacate by check-out time (or late check-out time as agreed by Hoefs), you authorize us to bill your credit card on file for a late departure fee of up to one night’s rental and we may remove all Occupants and their personal property from the Property.
O. Maintenance or Housekeeping Issues; Property Conditions. The Property is provided as is, and we are not responsible for the inoperability or unavailability of any amenities. You agree to contact Hoefs, using the contact information provided in your confirmation email, as soon as you notice any maintenance or housekeeping problem, or any potentially hazardous condition, at the Property, or if any incident occurs at the Property that is related to such a problem or condition. You further agree to give Hoefs a reasonable amount of time to respond to your report and to cooperate with Hoefs’s efforts to address the concern or provide a remedy. We will take reasonable and appropriate steps to remedy any reported problem as soon as practicable. We may enter the Property at your invitation to remedy any problem you report, at reasonable times and with reasonable notice to inspect, maintain, or repair the Property, and to address any situation that we reasonably deem an emergency that threatens persons or property. You acknowledge that if the Property has access to amenities that are shared with other properties, such as a shared pool, hot tub, parking lot, or fitness center, that the availability and condition of those amenities is outside Hoefs’s control.
P. Choice of Law; Jurisdiction and Venue. Unless otherwise specified in any Unit-Specific Terms or if a different choice of law is required by the law of the jurisdiction in which the Property is located, this Agreement shall be governed by the laws of the State of Texas.
Q. Acknowledgment & Disclaimer; Limitation of Liability.
Q.1. Acknowledgment & Disclaimer. You acknowledge the Property may have features, amenities, and conditions that are unfamiliar to you and other Occupants you invite to the Property. You further acknowledge that your use of the Property and its amenities may carry inherent risk, including risk of bodily injury, illness or disease, disability, or death. For example, some Properties include natural habitats for wildlife, insects, and pests that may expose you to injury or disease; or docks, stairways, porches, ledges, cliffs, hot tubs, pools, bodies of water, and other unmarked natural or manmade features, amenities, and conditions that carry inherent risk. You agree that, by using the Property or its amenities, you voluntarily and willfully assume those risks and assume full responsibility for the choices you make before, during and after your use of the Property and its amenities. You also acknowledge and agree that you and any other adult Occupants are solely responsible for closely supervising and protecting the health and safety of any and all Occupants, including but not limited to minors, throughout the duration of your stay.
YOU HEREBY ASSUME ALL RISK AND FULLY RELEASE, ACQUIT, REMISE, WAIVE, COVENANT NOT TO SUE, AND FOREVER DISCHARGE HOEFS, ITS PARENT, SUBSIDIARIES, AFFILIATES, OTHER RELATED ENTITIES, SUCCESSORS, OWNERS, MEMBERS, DIRECTORS, SHAREHOLDERS, AGENTS, EMPLOYEES, SERVANTS, ASSIGNS, INVESTORS, LEGAL REPRESENTATIVES, AND ANY AND ALL INDIVIDUALS OR ENTITIES INVOLVED IN THE OPERATION OF HOEFS, OF AND FROM ANY AND ALL PAST, PRESENT AND FUTURE CLAIMS ARISING FROM THEIR ACTS AND/OR OMISSIONS, INCLUDING BUT NOT LIMITED TO, DEMANDS, OBLIGATIONS, ACTIONS, CAUSES OF ACTION, RIGHTS, DAMAGES, COSTS, NEGLIGENCE CLAIMS, GROSS NEGLIGENCE CLAIMS, AND ANY OTHER FORM OF COMPENSATORY CLAIMS OF ANY NATURE WHATSOEVER, WHETHER BASED IN TORT, CONTRACT, OR OTHER THEORY OF RECOVERY, WHTHER SAME BE KNOWN AND REALIZED OR UNKNOWN AND NOT REALIZED, THAT YOU, YOUR ASSIGNEES, HEIRS, OR LEGAL REPRESENTATIVES NOW HAVE, HAVE HAD, OR EVER WILL HAVE; FOR INJURY, DEATH, OR ANY DAMAGE RESULTING FROM YOUR USE OF THE PROPERTY. THIS RELEASE IS INTENDED BY BOTH PARTIES TO BE AS BROAD IN ITS EFFECT AS ALLOWED BY LAW. YOU AGREE TO HOLD HARMLESS AND INDEMNIFY HOEFS AND OWNER, AND THEIR RESPECTIVE AFFILIATES, FOR AND FROM ALL CLAIMS FOR PROPERTY DAMAGE, PERSONAL INJURY, ILLNESS OR DISEASE, OR MONETARY LOSS RESULTING FROM YOUR ACTIONS OR OMISSIONS, AND THE ACTIONS OR OMISSIONS OF OTHER OCCUPANTS, DURING OR RELATING TO YOUR STAY.
Q.2. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOEFS AND OWNER EACH EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.
Q.3. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL THE OWNER OF THE PROPERTY OR HOEFS, NOR THEIR AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OWNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, ILLNESS OR DISEASE, EMOTIONAL DISTRESS, OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH YOUR STAY AT THE PROPERTY. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF HOEFS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
AS CONSIDERATION FOR BEING PERMITTED BY HOEFS TO USE THE PROPERTY, YOU HEREBY AGREE THAT YOU, YOUR ASSIGNS, HEIRS, DISTRIBUTEES, GUARDIANS, AND LEGAL REPRESENTATIVES WILL NOT MAKE A CLAIM AGAINST OR SUE HOEFS OR ITS PAST, PRESENT, OR FUTURE PARENT, SUBSIDIARIES, AFFILIATES, OTHER RELATED ENTITIES, SUCCESSORS, OWNERS, MEMBERS, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, EMPLOYEES, SERVANTS, ASSIGNS, INVESTORS, LEGAL REPRESENTATIVES, AND ANY AND ALL INDIVIDUALS AND ENTITIES INVOLVED IN THE OPERATION OF HOEFS FOR PERSONAL OR BODILY INJURY, ILLNESS OR DISEASE, EMOTIONAL DISTRESS, OR DAMAGE RESULTING FROM YOUR USE OF THE PROPERTY.
You understand and acknowledge this is a legal document that binds you and anyone on whose behalf you are signing, to certain legal obligations and waives certain rights. You have carefully read this Release and Indemnity in its entirety and fully understand its contents. You are aware that this is a waiver, release of liability, and assumption of risk agreement and is a legal contract between yourself and/or your child/ward and Hoefs Properties, LLC, and that it affects your legal rights and/or the legal rights of your child/ward. By completing the reservation of this Property, you are agreeing to these terms of you own free will. A copy of this document is authentic and as effective as the original.
R. Substitution of Property. On rare occasions, due to ownership changes, properties being removed from rental use, or a need for extensive repairs or maintenance, the Property may not be available for rental on the dates of your reservation. In this unlikely event, Hoefs reserves the right to substitute a comparable property. If comparable accommodations are not available, you will have the option of (1) selecting from other available properties (in which case you are responsible for, or will receive the benefit of, any difference in cost) or (2) receiving a complete refund of your reservation payment. In the event of a substitution of rental properties, all Terms in this Agreement, plus any Unit-Specific Terms specific to the substituted property, shall apply to your stay in the substituted property.
S. Assignment. Hoefs may assign this Agreement or any of its rights, or delegate any of its duties under this Agreement, at any time without your consent.