Terms and Conditions
In these Terms and Conditions, “Agreement” means these Terms and Conditions. “You”and “Your” means the person or persons making the reservation and those who will be staying at the Property as guests. “We,” “Our,” “Ours,” and “Us” means Second Wind Luxury, LLC Vacation Rentals, a Texas limited liability company.
With this Agreement, You and We (collectively, “Parties”) wish to agree on the terms of You renting the Property on a short-term basis for vacation purposes. Therefore, the Parties agree as follows:
1. Rejection of Agreement.
By making a reservation and payment through Our website, travel agent (airbnb, home away etc.) or any other means, You are agreeing to accept or reject this Agreement. By rejecting these Terms and Conditions, the reservation rental is considered null and void.
Subject to the terms and conditions of this Agreement, You will rent the Property solely for short-term vacation purposes between the “Check-In Date” and “Check-Out Date” identified by the reservation. Your lease of the Property will start at 4:00 p.m. on the Check-In Date, and will end at 11:00 a.m. on the Check-Out Date. You may not check in early or check out late without Our prior agreement. However, We may require check in to occur later than 5:00 p.m. during peak holiday periods.
3. Rent and Other Charges.
You will pay Us the full amount of rent, taxes and other fees stated (collectively, “Total Charges”). Rent may be combined with other Fees and will be stated upon booking. Total Rent is due upon booking.
Authorization. You authorize Us to charge Your credit card on file without any further notice to You for a Security Deposit.
Nonrefundable Reservation Fees. “Nonrefundable Reservation Fees” may be combined with Rent and are included in the Total Charges. Nonrefundable Reservation Fees means cleaning fee, extra dirty, early check-in, late check-out, cancellations, travel-agent (airbnb, booking.com, home away marketing etc.), accidental damage waiver, customer care as stated in the Confirmation Email as well as any other fees (if any) designated in the Confirmation Email. Nonrefundable Reservation Fees are fully earned by Us on the Agreement Date. Except as otherwise set forth in this Agreement or otherwise required by applicable law, We have no obligation to refund the Nonrefundable Reservation Fees to You for any reason, even if You cancel Your reservation (even if You cancel before the Cancellation Deadline referred to below).
Application of Payments. Payments You make to Us are first credited toward the Nonrefundable Reservation Fees (and related taxes), then the rental fees (and related taxes), and then the Security Deposit (defined below). You will pay Us $25 for any returned check.
Security Deposit and Additional Charges.
(1) Certain charges may be designated as a “Security Deposit” in the Confirmation Email. To the fullest extent permitted by applicable law, We may deduct from the Security Deposit any costs for damages, extra cleaning, or repair of the Property, furniture, and other items in the Property which You cause or permit to occur, plus any sales tax, general excise tax, transient accommodations tax, and any other applicable taxes.
(2) If the Security Deposit is not sufficient to cover any costs or damages caused by You or for which You are responsible under this Agreement, You will be responsible for paying Us the difference promptly upon Our request.
(3) Limited Damage Waiver. If You purchase a Limited Damage Waiver, We will apply the Limited Damage Waiver to cover any incidental damages up to fifteen (15) times the amount You paid for the Limited Damage Waiver. Any damages in excess of this amount will be Your responsibility.
(4) We have a strict 'No Pet' policy. Failure to adhere to the policy will result in a forfeiture of Your Total Security Deposit.
Changes to Reservation. If You request a change in Your reservation (either dates or Property location) and We agree to the change, We may charge You $75, plus applicable taxes and any additional rent charges. We have no obligation to agree to a change in Your reservation.
(a) For a fee of 5% of the Total Charges, you may cancel Your reservation by giving Us written notice at least 30 days before Your Check-In Date. If You do so, We will refund You the Total Charges except for the Nonrefundable Reservation Fees, including the cancellation fee of 5% of the Total Charges. If You cancel Your reservation after the Cancellation Deadline, including check in to check out period of your reservation for any reason, We will have no obligation to refund You any amounts You paid, except for the Security Deposit, unless otherwise required by applicable law. You acknowledge and agree that travel insurance is available for You to purchase from various third parties which may avoid or mitigate the risk of Your losing amounts You have paid under this Agreement if You cancel Your reservation.
(b) To the fullest extent permitted by applicable law: (1) We may cancel Your reservation at any time for any reason, in Our sole and absolute discretion, and if We do so, We will refund You the Total Charges, including the Nonrefundable Reservation Fees; (2) We may move up Your Check-Out Date for any reason in Our sole and absolute discretion, in which case We will refund You a proportionate percentage of the Total Charges, including the Nonrefundable Reservation Fees; and (3) We will not be liable to You for any damages if We cancel Your reservation or move up Your Check-Out Date.
If You fail to check out and give Us possession of the Property on time on the Check-Out Date, We may charge You daily rent for the time You holdover at a rate equal to the lesser of: (a) 200% of the amount of the daily rent; or (b) the maximum rate permitted by applicable law.
6. No Assignment or Subleases.
You may not assign any part of this Agreement, sublease any portion of the Property, or grant any license or right to use any part of the Property. Any attempted assignment, sublease, or grant without Our written consent will be void.
7. Guest Rules.
(a) Although We may provide a starter supply of toiletries and amenities (such as toilet paper, dishwasher detergent, and dish-washing liquid, etc.) as a courtesy, We have no obligation to replenish those items. Additional supplies are Your responsibility.
(b) If the Property is equipped with a telephone or digital television, You may not make long-distance telephone calls or order movie or event programming. You will pay Us any long-distance or other telephone toll charges and any movie or event programming charges incurred, together with a 40% surcharge to cover Our administrative costs.
(c) If the Property is equipped with a television, video player, or related or similar electronics, replacement or repair is not guaranteed and no refunds will be given for malfunctions of such equipment.
(d) If the property is equipped with a dishwasher, washing machine, dryer or any other large appliance, replacement or repair is not guaranteed and no refunds will be given for malfunctions of such equipment/and or is at the discretion of the home owner.
(e) You will not give access to or permit any guests or occupants in the Property other than the individual or individuals specifically identified as You in this Agreement.
(f) You assume responsibility for any damages to or theft from the Property, including towels and linens.
(g) You may not place wood, paper, or any other combustible materials in any gas fireplace.
(h) You may not make any alterations to the Property or its improvements, furniture, equipment, or other furnishings.
(i) A Pet Fee is applicable for stays at properties that are Pet Friendly. On Properties designated as a 'No Pet' property, the total sum of the Security Deposit will be forfeited if You do not adhere to the 'No Pet' policy.
(j) Smoking is strictly prohibited in or on the Property, or in any common areas near the Property. Violations will result in an automatic $500 fine plus the cost of carpet/upholstery cleaning, and any other damages as a result.
(k) After-hours lockout calls to a locksmith and related expenses incurred are Your responsibility.
(l) Grilling is only permitted on grills. Propane refills may be undertaken only by Us, provided such refills will occur only during normal business following Your request that We do so. Charcoal may not be placed or burned within any gas grill.
(m) You are responsible for Your own vehicle. We do not provide towing or roadside assistance reimbursement, regardless of type of the vehicle or road or weather conditions. The host does not accept liability for any inconveniences, delays or your inability to booking in a Unit arising from any temporary or permanent defects or stoppage in supply of water, gas, electricity or plumbing, damage caused by weather, road closures or conditions, construction, natural disasters, disruption or cancellation of your travel, events, conferences or reason for your booking, government orders, pandemics, viruses, illnesses, infestations, water conditions, closings, pollution, acts of God or other reasons beyond our control. No refunds will be given for any delays or cancellations due to such conditions. Accordingly, travel insurance with “cancel for any reason” terms is highly recommended for all bookings and may be purchased online or with an agent. Exception can be given to allow rescheduling or guest credits. Proper documentation of extenuating circumstance (illness, death, etc.) will be required, and final approval will be at the discretion of the host.
(n) Quiet time is from 9:00 p.m. to 9:00 a.m. If a noise complaint is reported, You will be charged $100 for the first complaint and $200 for each additional complaint.
(o) You must maintain the Property in as good a condition as You received it, including but not limited to:
(1) keeping the Property safe and clean;
(2) not causing or permitting any unsafe or unsanitary conditions in the area surrounding the Property;
(3) disposing of all ashes, rubbish, garbage, and other waste in the provided trash receptacles;
(4) properly securing lids on trash receptacles at all times;
(5) not leaving trash on porches, decks, or any other exterior location;
(6) not destroying, defacing, damaging, or removing any part of the Property or rendering inoperable any smoke detector.
(p) We do not guarantee Wi-Fi uptime, speeds or reliability for work or other purposes. No refund will be given due to power outage, fuel, water, gas, steam, refrigerant, sewerage, telephone or internet services due to external factors.
(q) No refunds for issues reported after check-out. Property issues must be reported to the host within 24 hours of check-in including pictures validating said claim.
(r) You must promptly notify Us of the need for replacement of or repairs to any stove, fireplace, hot tub, smoke detector, or other appliance or fixture at Property, and any other problems with or at the Property.
(s) We are not responsible for the condition or upkeep, repair, or maintenance of any such common areas.
(t) All non-transient vacation uses (including but not limited to parties, weddings, receptions, and similar events and activities) are strictly prohibited. You may not use the Property or permit the Property to be used in any way that interferes with any other guest’s, tenant’s, or owner’s use and enjoyment of property near to the Property.
(u) You must comply with all other House, Owners’ Association, and other Rules and Regulations applicable to the Property. All such Rules and Regulations are a part of this Agreement and are incorporated into this Agreement by reference.
(v) You will comply with all, and will not violate any, federal, state, and local laws and regulations applicable to the Property.
(w) You are responsible for all items You bring into the property. We can check for Your lost or forgotten items in the property at Our earliest convenience, but cannot guarantee lost or forgotten items will be found and returned to You. We are not responsible for Your lost or forgotten items.
You must (and must cause all other guests and occupants of the Property to) abide by Your obligations under this Agreement. If You do not perform any one or more of Your obligations under this Agreement, We may (to the fullest extent permitted by law) evict You before the Check-Out Date and retain all payments made by You (except to the extent We may be required to refund some or all of the Security Deposit to You). We reserve all other rights and remedies otherwise available to Us under at law or in equity.
You will indemnify, defend, and hold harmless Us and the owner of the Property from and against all demands, causes of action, claims, losses, liabilities, expenses (including reasonable attorneys’ fees and costs), and damages to persons or property based on, arising out of, caused by, connected to, or related to Your (or any of Your guests’) negligence, willful misconduct, or breach of this Agreement (including but not limited to the Guest Rules). This obligation will survive termination of this Agreement. This applies to use of ladders to access the bunk beds.
(a) Joint and Several Liability. Each person renting or occupying the Property is jointly and severally liable under this Agreement, and We may proceed against any one or more of You without first proceeding against any other.
(b) Integration of Entire Agreement. This Agreement is the final, entire agreement among the Parties pertaining to the subject matter of this Agreement, and supersedes all previous agreements and understandings pertaining to this Agreement or its subject matter.
(c) No Waiver; Amendments. A failure by Us to require strict performance of any provision of this Agreement, or to exercise any right or remedy arising because of a breach, is not a waiver of that breach or any other covenant, duty, agreement, or condition. Any extension or waiver by Us of any provision in this Agreement will be valid only if set forth in writing signed by Us. This Agreement may not be amended or modified except by a written instrument executed by all of the Parties.
(d) Interpretation No provision of this Agreement may be interpreted for or against any Party on the basis that it drafted such provision, and no presumption or burden of proof may arise disfavoring or favoring any Party because of the authorship of any of the provisions of this Agreement.
(e) Severability. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable in any respect for any reason, the validity, legality, and enforceability of that provision in every other respect and the remaining provisions of this Agreement will not, at the election of the Party for whose benefit the provision exists, be in any way affected or impaired.
(f) Applicable Law. This Agreement will be governed by the laws of the State in which the Property is located without regard to the choice of law or principles of conflict of law.
(1) Mediation. If a dispute arises out of or relates to this Agreement, or a breach of this Agreement, which the Parties cannot settle through negotiation (“Dispute”), the Parties will first try in good faith to settle the dispute by mediation administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute-resolution procedure. Mediation will take place in the State in which the Property is located.
(2) Arbitration. Any Dispute which the Parties cannot resolve through mediation with AAA will be settled by arbitration administered by the AAA in accordance with its rules. The arbitrator selected by You and the arbitrator selected by Us will, within 10 days of their appointment, select a third neutral arbitrator. If the arbitrators selected by the Parties are unable or fail to agree upon the third arbitrator, the AAA will select the third arbitrator. Before commencement of hearings, each of the arbitrators appointed will provide an oath or undertaking of impartiality. Arbitration will take place in the State in which the Property is located. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction. References in this Agreement to the possibility of resolving a Dispute with an action or proceeding other than arbitration (for example, in Section 11(h) Jurisdiction) are merely meant to express the Parties’ intent to be as inclusive as possible, are not intended to permit resolution of a Dispute other than by arbitration.
(h) Jurisdiction. The Parties will bring all actions in law, equity, or otherwise arising under this Agreement (or related to the transactions contemplated in this Agreement) and which are not otherwise required to be arbitrated (if any), exclusively in the federal or state courts sitting in the State in which the Property is located, and in no other jurisdiction or venue. Each Party consents to the jurisdiction of such courts. You further agree that personal jurisdiction over You may be effected by service of process by registered or certified mail addressed to the last address that You provided to Us, and that when so made will be as if served upon You personally within the State of Texas.
The provisions of this Texas Section apply only if the Property is located in Texas, in which case this Texas Section will control over any other provisions in this Agreement which conflict with this Texas Section.
(a) Trust Account. We may place any or all of the funds You pay under this Agreement in an interest-bearing trust account. We may remove any Nonrefundable Reservation Fees, and any other fees or amounts after they are earned from time to time, from such account at any time. The funds may be commingled with the funds of others deposited in that account. Interest that accrues on those funds will be for the benefit of, and will be paid to, Us. You will not be responsible for any early-withdrawal penalties.
(b) Security Deposit. If We propose to retain any amount of the Security Deposit, We will notify You, in writing (unless You wrongfully quit the Property), together with the particulars of and grounds for the retention, including written evidence of the costs of remedying Your defaults, such as estimates or invoices for material and services or of the costs of cleaning, such as receipts for supplies and equipment or charges for cleaning services. We will return the Security Deposit (or the portion of the Security Deposit remaining after We have claimed and retained authorized amounts, if any) to You not later than 14 days after the termination of this Agreement. If You cancel Your reservation before the Check-In Date, We will return the Security Deposit to You within 14 days after cancellation.
(1) Quiet hours shall be from 9:00 p.m. to 9:00 a.m, during which time the noise from the property shall not unreasonably disturb adjacent neighbors.
(2) Sound that is audible beyond the property boundaries during non-quiet hours shall not be more excessive than would be otherwise associated with a residential area.
(3) Guest vehicles shall be parked in the designated onsite parking area.
(4) The property shall not be used for commercial purposes.
12. COVID 19 Notice and Disclaimer to Guests
On March 11, 2020, the World Health Organization declared COVID-19 a global pandemic. COVID-19 has changed a lot about the way We at Second Wind Luxury do business and the ways in which We interact with guests.
While much uncertainty and apprehension around COVID-19 remains, We do know that COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. It may also spread by touching a surface or object that has the virus on it, then touching Your mouth, nose, or eyes. Some evidence suggests that COVID-19 can live on certain surfaces for several days.
We have implemented various preventive measures aimed to reduce the risk of the spread of COVID-19 among Our guests, homeowners, vendors, and employees. However, We do not guarantee or warrant against the risk of infection.
None of the information provided herein is intended as medical advice. This Notice and Disclaimer is intended as a warning to our guests of the risk of contracting COVID-19, a disclaimer of Our liability and the liability of Our homeowners associated therewith, and an explanation of some of the things We’re doing to mitigate the risk of the spread of COVID-19, as well as some of the things We believe Our guests can do to help.
Here’s what We’re doing:
(1) We have enhanced Our cleaning procedures, giving special attention to cleaning and disinfecting frequently touched surfaces such as tables, faucets, railings, light switches, and doorknobs. Our field operations teams perform routine quality assurance audits for cleaning and inspecting in Our homes.
(2) We have implemented a company-wide policy designed to limit physical interactions between employees and guests, owners, vendors, and visitors in our offices, as well as physical interactions among Our employees. To the fullest extent possible, Our employees are working remotely. Employees working in or around Our offices, working inside of Our homes, and physically interacting with guests and owners are directed to adhere to specific general hygiene and social distancing requirements.
(3) To further limit physical interactions, Our staff will work with guests via phone or video conference to troubleshoot any maintenance or service requests. Our staff will enter guest-occupied homes only if requested and absolutely necessary. Our employees may not enter an occupied home until all occupants have relocated to a separate, distant area within or outside of the home.
Here’s what You can do:
(1) Staying healthy and mitigating the risk of contracting COVID-19 will require Your help. Protect yourself and exercise social responsibility. Maintain at least six (6) feet social distancing from others when possible. Wear a mask, particularly in places like grocery stores and other public-serving businesses. Wash Your hands using soap and water for at least twenty (20) seconds as frequently as possible. Carry hand sanitizer and use it frequently. During Your stay, regularly clean and wipe down high-touch surfaces. Clean and wipe down personal items such as phones and wallets, and clean areas inside of Your vehicles, such as steering wheels. Avoid contact with others who are sick. If You feel sick, isolate yourself from others and seek medical attention.
**Tax and service fees not included in nightly rates** Check in time is 4:00 PM or after and check out is before 11:00 AM. An early check-in or late check-out is available for a fee. All properties are non-smoking. All properties do not allow pets. By state law, occupancy may not exceed what is posted for each home. Maximum occupancy includes infants and children. Due to security reasons, software and or files may not be downloaded by guests on any in-home computer.