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| Terms & Conditions |
| Saint Gemma Properties, LLC |
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Thanks for your business and we hope you enjoy your stay in our vacation home!
RENTER REQUIREMENTS:
For legal and accounting purposes, the person placing the reservation must be the same as the credit/debit card holder. This person is considered to be the guest. All other persons involved with the rental are considered to be the guest's invitees, and all discussion regarding reservation, cancellation, and damage policies will be discussed with the guest, not the guest's invitees.
RENT:
The reservation total including applicable/pet fees shall be paid in full prior to the check-in time on the arrival date. Bookings/reservations not paid in full by the check in time on the arrival date shall be deemed null and void and all deposits will be forfeited by the Guest.
DAMAGE POLICY:
As a condition to the rental of all vacation properties, reserves the right to charge the guest's credit card for any and all uncovered guest/invitee caused losses and damages sustained to the vacation property throughout the duration of their period of occupancy. In the event of any uncovered guest/invitee-caused loss or damage to the vacation property, including, but not limited to, undue cleaning, eviction, service calls, service charges, fines/assessments, repairs or replacements, plus all applicable taxes, is hereby granted the right to charge the guest's credit card. By written or electronic endorsement of this agreement, the guest hereby agrees to pay for all such charges, as defined above and on the proceeding pages.
UPON ARRIVAL
If there are concerns or issues with your rental property, please immediately contact Pam or Kymberly (leave a voice message AND text message if there is no answer). No refunds or considerations are given unless we are notified of problems during your stay.
EMERGENCIES/MAINTENANCE:
If there are problems with condition or functionality of the vacation rental, please immediately contact Kymberly or Pam (leave a voice message and text message if there is no answer) at 409-996-6400 or 409-203-3285. If it is after 10 p.m., we will make every effort to return your call as soon as possible.
ARRIVAL TIME:
Check in is at 4 p.m. CST. An early arrival may be arranged at an additional cost, pending other reservations and the housekeeping schedule. Please contact Kymberly prior to your arrival to make these arrangements. Unless you have specifically arranged for an early arrival time, please do not arrive at the property before your scheduled check -in time.
DEPARTURE TIME:
Check out is at 10:00 a.m. CST. Your prompt departure is appreciated so we can prepare the vacation rental for any incoming guests. A late departure may be arranged at an additional cost, pending other reservations and the housekeeping schedule. If you have not arranged for a late check-out, you may be charged a fee for each hour beyond 11 am you are still on property, at a minimum of one hour. If the property has not been vacated by noon, a fee equal to the rental rate of one additional night may be assessed.
CHECK-OUT PROCEDURE:
The following list of check-out procedures must be followed and is included in the communication sent with the check-in instructions delivered to Guest at least 48 hours prior to the beginning of the Rental Period. Failure to comply with the check-out procedures will result in an additional charge of up to $500.00 to the credit card on file.
All lights (inside and outside) must be turned off.
All windows, doors, and gates must be locked before leaving.
All dirty dishes must be rinsed and placed in the dishwasher. The dishwasher must also be started.
All open, perishable food and beverage items must be emptied from the refrigerator and placed in the trash or recycling bin. All trash and recycling must be placed in the outdoor trash and recycling bins. Ensure all trash fits in the closed bins, and take any excess trash with you.
All non-essential electrical devices must be turned off.
Cooking appliances must be turned off and cool to the touch. All supplied equipment must be turned off and properly cleaned and stored. The grill, if any, be turned off and cool to the touch.
All supplied equipment must be turned off and properly cleaned and stored. Rearrange and cover patio furniture (if applicable).
All thermostats must be set at 75 degrees Fahrenheit upon departure during the months of April, May, June, July, August, September and October when the Air Conditioning is normally on and at 62 degree Fahrenheit during the months of November, December, January, February and March when the heat is normally on.
Additionally, should the pipes freeze during those months when the heat is normally on, Guest will be responsible for any resulting property damage.
Inform St. Gemma Properties LLC of any problems such as appliances not working, broken dishes, etc.
HOLDOVER TENANCY:
If you or any member of the Rental Party do not vacate the Property by the check-out time, you authorize the Manager to charge the credit card on file for a late departure fee equal to twice the amount of one night’s rental for each holdover day or portion of a holdover day, and Manager or Owner may remove you and your personal belongings from the Property. No holding over by Guest, whether with or without the consent of Owner, will extend the Rental Period.
CANCELLATIONS:
Power/ weather related cancellation: does not issue refunds due to acts of God/nature such as: Hurricanes, named tropical storms, severe weather, hazardous road conditions, flooding, ice/snow conditions, power outages or grass fires. We offer Rental Guardian travel insurance for peace-of-mind when traveling. Ask Pam about Rental Guardian trip insurance by calling her at 409-203-3285.
NUMBER OF GUESTS:
Change in number of guests/conduct of guests: guest(s) agrees that more than the number of people stated on the reservation shall not occupy the premises. Unauthorized people at the vacation rental at any time could result in extra charges for each additional guest, in addition to any and all damage, disturbance, and cleaning charges. Exceptions are made on an individual basis - please contact Pam or Kymberly for prior approval. Please inform Pam or Kymberly of any change in the number of guests before your arrival to avoid these charges and so the house can be prepared appropriately for your group. No exceptions or refunds are given for changes in the number of guests after your arrival.
POOL/HOT TUB/ BEACH ACCESS:
If the Property includes a pool or spa, or if there is access to the beach or other water feature, Guest is solely responsible for ensuring that all access gates and other safety equipment to the pool, spa, or water feature, if any, are closed and properly locked.
Guest is solely responsible for ensuring that all persons using the pool, spa, or water feature are behaving in a safe manner. Under no circumstances should a person under 18 years of age be allowed to use the pool, spa, or water feature unless accompanied and supervised by a parent or legal guardian at all times. If the pool or spa is equipped with a heater and Guest wishes to use such heater, Guest must notify Property Manager in writing 48 hours in advance of the Rental Period and pay any fees associated for heating the pool or spa as indicated in the Listing.
EXCESSIVE NOISE, PARTIES & ILLEGAL ACTIVITY:
If there is excessive noise or music, any illegal activity, or evidence of violation of these policies, you may be asked to vacate the premise without any refund and additional charges may be assessed. The rental is not intended for parties, nor gatherings at any time of anyone except those who have paid to occupy the property. There is a noise ordinance in the City of Galveston. All homes are in the City of Galveston and quiet hours are from 10 p.m. until 7 a.m. daily.
LINENS AND TOWELS:
Towels, sheets, pillows and blankets are not meant for outside use.
USE OF FURNITURE & EQUIPMENT:
All appliances or supplied equipment must be used only for their intended normal use and in accordance with their proper and safe operating procedures and any manufacturer’s guidelines.
Guest will keep the Property and all furniture, furnishings, appliances, and supplied equipment clean and in good working order. When finished with each use of any appliance or supplied equipment it must be promptly turned off, cleaned, and properly stored.
If any furniture, either inside or outside the house, is rearranged and not replaced in its original arrangement, the credit card on file will be charged a $150.00 fee. Furniture should never be moved outside.
Fireworks are not permitted anywhere on the Property.
SMOKING
Smoking is not permitted in any property. If there is any tobacco or marijuana smell in the house after your departure, you will be charged an additional cleaning fee.
SEPTIC SYSTEM/PLUMBING/SEWER:
DO NOT FLUSH ANYTHING OTHER THAN TOILET PAPER. No feminine products may be flushed at any time. Excessive water use, such as letting water run while not being immediately used, is prohibited. Beach properties are on septic system and can easily be clogged. DO NOT POUR GREASE DOWN THE SINK DRAINS.
NON-DISTURBANCE CLAUSE
Guest and their guests shall not disturb, annoy (loud music or voices), endanger (fireworks), or inconvenience neighbors, or use the premises for any unlawful purposes including parties with guests not included on the rental roster. All our properties are in residential neighborhoods. If fines are levied for disturbance or if the Galveston Police Department is called, the guest and all accompanying parties may be subject to eviction without refund.
NO ARBITRAGE OR SUBLETTING:
Guest may not sublet or assign this Agreement for all or any part of the premises under any circumstances. No arbitrage allowed. Rentals will be cancelled without refund.
PETS:
No Pets are allowed on the Property unless otherwise stated in the listing. Pet fee must have been paid by Guest and number of pets over 1 has been approved and confirmed in writing by the agent at St. Gemma Properties LLC. No cats are allowed.
PERSONAL PROPERTY:
Guest is solely responsible for securing the personal belongings or valuables of the Rental Party. Neither Owner nor Manager is responsible for the loss of any such personal belongings or valuables.
RIGHT OF ENTRY:
Guest(s) agree that reserves the right to enter the rental property any time to investigate disturbances, check occupancy, check for damage, to make such repairs, alterations or improvements as we may deem appropriate.
SECURITY & SAFETY:
Always lock doors and windows when you leave the vacation rental! When you rent the vacation rental, you assume responsibility for it and its contents, as well as your personal property. Always lock the doors and windows when you leave the vacation rental. does not assume any responsibility for injuries resulting from your failure to use due caution. Children must be supervised at all times. Candles are not allowed due to fire hazard.
ACKNOWLEDGEMENT OF RISK:
You acknowledge that the Property may have features, amenities, and conditions that are unfamiliar to you and other members of the Rental Party. 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, the Property may include natural habitats for wildlife, insects, and pests that may expose you to injury or disease; or docks, stairways, porches, ledges, hot tubs, 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. You also acknowledge and agree that you and other members of the Rental Party are solely responsible for closely supervising and protecting the health and safety of any minors or persons under 21 years of age visiting the Property throughout the duration of your stay at the Property.
INDEMNIFICATION & HOLD HARMLESS:
GUEST RELEASES AND AGREES TO HOLD OWNER AND MANAGER, THEIR AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES AND CONTRACTORS, HARMLESS FROM LIABILITY RESULTING FROM ANY LOSS, DAMAGE OR INJURY INCURRED ON THE PROPERTY BY GUEST, OR ANY MEMBER OF THE RENTAL PARTY, INCLUDING MINOR CHILDREN. UNLESS THE LIABILITY RESULTS FROM DAMAGE OR INJURY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF MANAGER OR OWNER. ADDITIONALLY, GUEST AGREES TO INDEMNIFY AND HOLD MANAGER AND OWNER HARMLESS FROM ANY INJURY, DAMAGE OR LOSS SUFFERED BY A TRESPASSER, IF THE LOSS OR INJURY RESULTED FROM THE FAILURE OF GUEST OR ANY MEMBER OF THE RENTAL PARTY, INCLUDING MINOR CHILDREN, TO KEEP THE PROPERTY SECURE. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL OWNER OR MANAGER, NOR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PRINCIPALS, 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. I UNDERSTAND THAT THIS RELEASE WILL BIND MY HEIRS, ADMINISTRATORS, EXECUTORS, AND ANY OTHER PERSON OR ENTITY SEEKING TO CLAIM UNDER OR THROUGH ME.
ALTERNATIVE DISPUTE RESOLUTION
Guest and Owner agree to mediate in good faith before filing a suit for damages.
ENTIRE AGREEMENT:
This Agreement, together with any attached exhibits and riders, is the entire agreement of the parties. Time is of the essence. All prior agreements between Owner and Guest are incorporated in this Agreement, which constitutes the entire contract. It is intended as a final expression of the parties` agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Agreement. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this Agreement. The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach.
GOVERNING LAW:
This Agreement will be interpreted under and controlled by the laws of the State of Texas. Venue is in the district or county courts of Galveston County, Texas.
SURVIVAL: If any clause or term in this Agreement is contrary to law and unenforceable, the remainder of this Agreement will remain in full force.
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St. Gemma Properties
2002 Rosenberg Ave.
Galveston, TX 77550
409-203-3285
pam@stgemmaproperties.com
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