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GUEST RENTAL AGREEMENT

TERMS AND CONDITIONS

1. Check-In: Unless otherwise agreed, Check-in begins at 4:00 PM. Instructions for accessing your property will be emailed to you once Fresh Stays LLC receives a signed Guest Confirmation Agreement from you. A link will be provided in your confirmation email.
 

2. Checkout Time: Unless otherwise agreed, Checkout is no later than 11:00 AM on the departure date.

        2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.

You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed-upon checkout time without the Host’s consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, “Overstay Fees”). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay at an Accommodation, you authorize Fresh Stays LLC to charge your original payment method to collect Overstay Fees. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.

      2.2 Lost Access Devices: A number of our properties (not all) are on a keyless entry system. For properties that have keys/keyfobs/parking passes/garage door openers, there will be a $250 charge for each key, keyfob, parking permit, and garage door opener that is not returned.
 

3. Payment: Fresh Stays LLC requires full payment (100% of the total) to hold reservations. Fresh Stays LLC will charge the credit card on file. If payment is not received immediately, the booking can be canceled without notice. If funds are not available, the reservation can be canceled under the cancellation terms indicated below.
 

4. Property Inspections: All problems, including inadequate cleaning and damage, must be reported in writing to Fresh Stays LLC within 4 hours of check-in for prior guests to be held responsible. Fresh Stays LLC reserves the right to enter premises at any time for the purpose of effecting necessary inspections, repairs, or maintenance.
 

5. Vacation Rental Damage Protection: Your rental may come with a non-refundable Damage Waiver Protection Plan. Referred to as the “PLAN” going forward in this agreement and referred to as “Damage Waiver” on your invoice. The cost of the plan is based on the length of the reservation. The cost structure is as follows: $99 per week or any portion thereof, not to exceed $250 per 28-day period. This PLAN covers unintentional damages to the rental unit interior that occur during your stay, provided they are disclosed to management prior to check-out. The policy will pay a maximum benefit of $1500.00. Any damages that exceed $1500.00 will be charged to the credit card on file. By agreeing to this Guest Rental Agreement, you are pre-authorizing Fresh Stays LLC to charge the card on file for unintentional damages of costs exceeding $1500. If you damage the real or personal property assigned to your rental accommodation during the trip, the licensor will reimburse the lesser of the cost of repairs or the Actual Cash Value of the property, up to $1500.00. Certain terms and conditions apply. By submitting payment for this plan, you authorize and request the licensor to pay directly any amount payable under the terms and conditions of the PLAN. Lost or unreturned keys/keyfobs/garage openers/parking permits are NOT covered under the PLAN and will result in a $250 charge to the credit card we have on file according to section 2.2 noted in this agreement above.
 

6. Notification: It is Licensee’s sole responsibility to inspect the Property upon arrival. In addition to inspecting the smoke detectors, Licensee agrees to inspect the entire property to ensure that it is free of hazards and properly equipped. The licensee assumes the entire risk of injuries arising from the use of the Property. The licensee will ensure that the Property has a secure shower or bathtub mat and that the Licensee takes reasonable measures to prevent slips in the bathroom, on staircases, steps, on balconies, and throughout the Property. The licensee agrees to take a higher degree of care in the use of the Property because of the age of the structures on the Property.
 

7. Occupancy: The maximum number of registered guests allowed in Fresh Stays LLC properties are listed on each individual online listing. In general, unless otherwise noted in the online listing, the max number of guests allowed in a unit is as follows: Studio Apartments, 1-3 guests; 1-Bedroom apartment, 4 guests; 2- bedroom apartment, up to 6 guests. Children over the age of 2 are counted. Overcrowding or misrepresentation is grounds for immediate revocation of the license to the Property, and removal of the Licensee without refund. Only the number of people stated in the reservation are allowed in the property. If more people than are stated in the reservation are present, a fee of $20/ person/day will be assessed; the credit card on file will be charged. Visitors are not permitted in the property without the express written consent of Fresh Stays LLC, and permitting that the total number of persons over the age of 2 does not exceed the maximum allowed and that said visitors vacate the property prior to 10 pm. each day. The Licensee is the person who will occupy the Property. Parents may not book Properties for their children. The Licensee must be present at the Property for the time of the reservation and take full responsibility for the Property. Small children are the responsibility of the Licensee. Some Properties are generally older, and not necessarily “child safe.” Children should not roam free on balconies; climb on furniture; hang out of windows; or engage in other unsupervised activities. Some units are not fit for children under certain ages due to expensive and/or delicate furnishings and balconies with wide openings on the guard rail. Use it at your own risk. The licensee takes full responsibility for all lost or broken items and any damages to the property of any kind.

8. Restrictions on Property Use: Licensees are prohibited from engaging in any unlawful activity or any other activity that constitutes a nuisance. Violation of this provision will result in immediate eviction without refund, and the licensee will be held liable for any damages to the Property, contents, and grounds. Contractual Agreement with the Owner requires Fresh Stays LLC to only rent to legally and financially responsible persons over the age of 25. Parties are not permitted in any property managed by Fresh Stays LLC. Violators will be removed from the Property immediately, and prosecuted for damages and losses. Filming or photoshoots are strictly prohibited.

9. Pets: Pets are generally NOT allowed on the property at any time without the prior written consent of Fresh Stays LLC. Violation of the “no pets” stipulation is grounds for immediate removal without refund. A small percentage of our properties are dog friendly. Please check the rental listing and/or message Fresh Stays LLC to confirm if you can bring a dog. Advanced notice is required. There is a small daily fee that applies to our pet-friendly units. The fee must be submitted prior to your stay. And there are size and breed restrictions. Message Fresh Stays LLC first.

10. Smoking Prohibited: All properties are non-smoking properties and any form of smoking is prohibited inside/outside the properties. Evidence of smoking will result in a minimum additional $300 cleaning fee. You acknowledge and provide express permission for the Host to charge the card on file to cover such a fee when required.

11. Personal Property Loss: Licensees are solely responsible for personal property left in or about the Property. Fresh Stays LLC hall not be held liable under any circumstances for any damages to, or loss of property, theft, vandalism, or the use of or injury of any kind. If items are found in the unit following a guest’s departure, Fresh Stays LLC will hold the items for 48 hours. If items are not claimed in that time, they will be donated or disposed of. If guest requests items returned, they will be returned by a shipping service of Fresh Stays LLC choice. If guest request items are returned by shipping, there will be a minimum handling charge of $100 for items weighing no more than 20lbs. Items over 20lbs will not be returned by shipping. Additionally, the guest is responsible for and will also pay for packaging and the actual cost of shipping. The credit card on file will be charged. All local laws apply. If the item requires special handling or packaging beyond a standard-sized box and bubble wrap, or what’s otherwise available at the shipment store, it will not be shipped. If the item is considered dangerous or otherwise illegal it will not be returned. Fresh Stays LLC is not responsible for the condition of the item in any way.

 

12. Returned Checks or Insufficient Funds (aka, NSF): Licensee will pay a $50.00 fee to Fresh Stays LLC for each returned check or NSF issued by Licensee’s bank.

13. Cancellations and Changes in Reservations:

For stays with a duration less than 28-days: cancellations must be made 14 or more days prior to scheduled arrival.; Cancellation request must be made by the guest in writing to receive a refund of your payment. If you are a “no-show,” defined as not arriving within 24-hours of your scheduled arrival date, you will forfeit the full amount of the reservation. We do not give credit for early departures or for inclement weather. If a change in reservation is requested 14-days or more prior to the reservation start date, Fresh Stays LLC will make a reasonable effort to accommodate the change, and assess the appropriate fee as stated above. For changes that result in different reservation dates, the new reservation start date must occur within a 90-day period. Change requests made within 14 days of arrival that result in a shorter stay will not result in a refund of monies.

For Long Term Stays – the following applies to all stays of 28 days or longer and overrides the standard cancellation policy for shorter stays listed above: To receive a full refund, guests must cancel within 48 hours of booking, and the cancellation must occur at least 28 days before check-in. If a guest cancels after that, payment will be retained for 100% for all nights spent, plus 30 additional nights. If fewer than 30 days remain on the reservation when the guest cancels, Fresh Stays LLC will retain 100% for all of those remaining nights.

14. Security Systems: Disabling, obstructing, or tampering in any way with any of the safety or security devices, will result in a $250 fee for each occurrence and may result in the cancellation of the remainder of your reservation at the sole discretion of the host.

15. Subletting and Assignment: Licensee may not sublet, sublicense, or otherwise grant any rights to the Property. The licensee may not assign the agreement without Fresh Stays LLC prior written consent.

16. Property Use: The Property may not be used for any activity in violation of local, state, or federal laws, or Insurance rules and regulations.

17. Attorney’s Fees: If Fresh Stays LLC and/or Owner consult legal counsel or professional collection service, for collecting any amounts due to Fresh Stays LLC and/or Owner under this Agreement. The licensee shall be responsible for all costs of litigation and/or collection in case of such, including actual attorney’s fees.

18. Limitations on Rental: Fresh Stays LLC and/or Owner will not be liable for circumstances beyond their control, including but not limited to appliances or air-conditioning/heating failure, other mechanical failures, unfavorable weather, disruption of utility services including cable television, Internet, streaming services, etc. There will be no relocation, rental proration, or refund in the event of such circumstances. In the event Fresh Stays LLC is unable to deliver the Property to Licensee because of a property sale, property owner decision, fire, mandatory evacuation, eminent domain or Acts of Nature, or if the property is unavailable because of construction delays or lack of utilities, Licensee agrees that Fresh Stays LLC sole liability, as a result of any of these conditions, will be a full refund of all payments tendered by Licensee. Licensee and Fresh Stays LLC agree that in case of double booking or occupancy by the Owner, Licensee will be ONLY entitled to a full refund of all monies previously tendered by the Licensee. If Fresh Stays LLC is able to relocate Licensee, Licensee agrees to pay the difference in the rental amount, should Licensee accept alternate accommodations. Licensee expressly acknowledges that in no event will Fresh Stays LLC be held liable for any other condition out of the control of Fresh Stays LLC or the Owner, or for any incidental or consequential damages, including but not limited to, expenses that result from moving or for any other losses.

19. Tenancy: The Licensee acknowledges that this is NOT a tenancy for the Property. The Property is not rented for more than 30 days and is taxed and treated as a transient occupancy, akin to hotel accommodations. Property laws do not apply to the license granted herein, and the Licensee may be removed as a trespasser immediately upon termination of this license. The Property is rented on regular short-term periods, and for a significantly higher rate than a non-vacation rental. Often a licensee is scheduled to begin a stay in the Property on the same day as the check-out day of another prior licensee. If the Licensee stays even one additional day, Fresh Stays LLC would face significant logistical problems with the next licensee, including possible liability. As such, Licensee agrees to vacate immediately on the check-out day, at 11:00 a.m. Failure to do so will entitle Fresh Stays LLC, in addition to all other remedies available to it, too: have Licensee ejected by law enforcement as a trespasser; and to physically remove the Licensee and all of the Licensee’s possessions from the Property, for which Licensee hereby grants permission and consent; and obtain damages and injunctive relief against Licensee.

20. Indemnification: Licensee agrees to release and indemnify Fresh Stays LLCand Owner from and against all liability should anyone be injured upon the premises during the term of occupancy, resulting from any cause whatsoever, except in the case of personal injury caused by willful gross negligence on the part of the Owner or Fresh Stays LLC.

21. Owner Changes: Every effort is made to ensure all information on the website and other documentation is accurate and complete. However, Fresh Stays LLC is not liable for errors, omissions, mistakes, price changes, and any changes by the Owner in furnishings, equipment, bed arrangements, and other accommodations.

22. Construction: Fresh Stays LLC may not be held responsible for the failure to disclose information regarding construction outside the property boundaries.

23. Parking: Under this agreement, Licensee is responsible for parking in their assigned space (if available) and holds sole responsibility for ensuring that they are parked appropriately. Fresh Stays LLC is not liable for any parking fines incurred by the licensee during their stay. Improperly parking your vehicle may result in towing at Licensee expense. Read all signs on street or in parking lot/structure to ensure compliance.

24. Relationship with Owners of Subject Property: It is hereby disclosed that Fresh Stays LLC has a contractual relationship with the Owners as the Owners’ agent. This contractual relationship employs Fresh Stays LLC to forward information to the Owner, act according to the Owner’s directions and treat all parties honestly, fairly, and in good faith. All rentals are subject to confirmation by the Owner. The licensee agrees that Fresh Stays LLC will not be liable for damages caused by the decision of the Owner.

25. Effective Date: Notwithstanding anything to the contrary, this Occupancy Agreement is binding and effective when no signature is required, and Licensee’s affirmative assent to the terms is expressed by the Licensee’s reservation of the unit. If the Licensee desires to terminate this agreement due to lack of assent, he/she must do so within three days of the date the reservation was made.

26. Governing Law: The terms and conditions stated herein will be interpreted by and governed under the laws of the State of Texas and any action arising out of this agreement shall be litigated in the county of Collin County, State of Texas.

27. Attorney’s Fees: In the event of any action or proceeding commenced by any party, the prevailing party in such action or proceeding shall be entitled to recover from the other party all cost and expenses thereof, including actual attorney’s fees and cost.

28. Invalid Provisions: If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance hereof. Furthermore, in lieu of such illegal, invalid, or unenforceable provision there shall be added automatically as a part of the Agreement a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and still be legal, valid, or enforceable.

29. Entire Agreement: This Agreement sets forth the entire understanding of the parties and supersedes all prior agreements or understandings, whether written or oral, with respect to the subject matter hereof. No amendment or modification hereto shall be binding unless made in writing and signed by the parties hereto.

30. Waiver: The waiver by either party hereto of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of a subsequent breach of the same provision by any party or of the breach of any other term or provisions of this Agreement.

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