Port A Beach House Company Terms & Conditions

Welcome to the Port A Beach House Family! We are so excited to have you as a guest! Please read your vacation rental agreement carefully before you begin your vacation. 

Any monies received by Port A Beach House CO. for occupancy of vacation property indicated the acceptance of the terms of our vacation rental agreement in full. All policies are strictly enforced. It is the responsibility of all guests and members of their party to be familiar with all policies pertaining to rental.

Renter requirements
For legal and accounting purposes, the person placing the reservation must be the same as the credit/debit card holder. Renter must be 25 years of age or older. Copy of valid ID must be emailed prior to check-in. Check in instructions will not be released until this is received. PABHC does not allow rentals for Fraternity, Sorority, Bachelor or Bachelorette Parties. 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. 

Down payment/ payment
A down payment of 25% of your rental total is required to secure booking. Final payment will be required 30 days prior to checking-in to your vacation rental. If the booking is made within 30 days of check in, the entire payment is due upon booking. Port A Beach House CO. will automatically charge the credit card on file for unpaid rental charges on the date payment is due. We not accept cash.

Damage policy
As a condition to the rental of all vacation properties, Port A Beach House CO. 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, Port A Beach House CO. 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. RENTER ACCEPTS RESPONSIBILTY FOR ALL DAMAGES CAUSED BY RENTER AND AGREES TO PAY ATTORNEYS FEES AND COSTS. Renter agrees to accept responsibility for all damage caused by Renter or Renter’s guests to the property. This includes replacement cost for any broken or missing items of property, any costs of repair, and cleaning fees if the property is left in an uncleanly condition. Renter also agrees to pay Port A Beach House CO. or Owner’s attorney’s fees and costs incurred to collect damages from Renter.

Emergencies/ Maintenance
In the event of a problem getting in the vacation rental or if there are problems with condition or functionality of the vacation rental, please immediately contact the Port A Beach House CO. office (leave a voice message if there is no answer) at (361) 749-0027. If it is after office hours we will make every effort to return your call as soon as possible. If there are concerns or issues with your rental property, please immediately contact our office (leave a message if there is no answer). 

Arrival time
We will make every effort to ensure that the Check in is at 4pm but cannot guarantee it. An early arrival may be arranged for a $50 fee, pending other reservations and the housekeeping schedule. Please contact us 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 schedule check in time.

Departure time
Check out is at 11am sharp. Your prompt departure is appreciated so we can prepare the vacation rental for any incoming guests. A late departure may be arranged for a $50 fee, 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 vacation rental has not been vacated by 11:30 AM, a fee equal to the rental rate of one day may be assessed. Renter agrees to leave property in the the same condition as upon check-in, namely, all dishes put away, grill cleaned and put away, furniture in same locations, all lights off, all trash removed and placed in garbage cans, etc. Renter understands that if a cleaning fee is charged or included in the rental, additional charges will be assessed for infractions of this paragraph or failure to follow check-out procedures. Fees for violations of this paragraph are charged at a minimum rate of $25.00 per hour.

Refunds
No refunds or considerations are given unless we are notified of problems during your stay. Guest agrees that once they have checked in to the Property, no refund will be made for early check-outs. If Guest does not cancel the reservation and does not arrive for the Guest's Rental Period, all monies paid will be forfeited.  No refund or rate adjustment will be made for unforeseen failures including, but not limited to, the supply of electricity, water, pool filtration systems, air conditioning, telephone, television, cable, or internet services, appliances, or golf carts.

Cancellations
Renters who cancel their reservations more than 31 days before arrival will receive a full refund less the $100 cancellation fee. Cancellation requests received 30 days or less prior to their arrival date will result in the loss of the full rental amount. Power/ weather related cancellation: Port A Beach House CO. does not issue refunds due to acts of nature such as: weather, road conditions, snow conditions, power outages or forest fires. We stronger encourage all guests to purchase travel insurance for their protection. HURRICANES: Renter understands that the weather in a coastal environment from May through November can be volatile and subject to the risk of hurricane. No refunds will be given for hurricane-related interruptions within 30 days of the reservation or after the rental period has started; renter will be responsible for the entire rental amount and no refunds will be given. 

Property Condition
Port A Beach House CO. is a property rental agency. Port A Beach House CO. advertises properties as they are to the best of our ability, and Port A Beach House CO. has no responsibility or liability for the conditions of the rental properties or any problems arising therefrom, specifically including any latent defects, defects or conditions caused by the environment, or other defects not obvious to a lay person via visual inspection. Nor can Port A Beach House CO. be held liable for any injuries, accidents, theft, damages, or other misfortune or harm that may befall the Guest and/or the Guest’s invitees during their stay at the Property.

Neither Port A Beach House CO. or the Property Owner shall be responsible for providing any additional furnishings or equipment not available in the property during the Rental Period. It is understood that each property and its furnishings are privately owned and Port A Beach House CO. acts solely as the Rental Agent for the Property Owner. If furniture is moved, the Guest will be responsible for any charges incurred in returning it to its proper location.
Within each Port A Beach House CO. property, some garages, closets, or cabinets may be locked or inaccessible. These are for the Property Owner’s use only and will not be available for Guest’s use. Tampering with any of these will result in a forfeiture of the Security Deposit and the Guest will be responsible for the full amount of any and all damages, including additional housekeeping expenses and reasonable attorney’s fees. If the Guest tampers with or breaks into a Property Owner's area, the Guest will be charged for breaking and entering.

NUMBER OF GUESTS/OCCUPANCY
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. The rental is not intended for parties, nor gatherings at any time of anyone except those who have paid to occupy the property. Exceptions are made on an individual basis - please contact Port A Beach House CO. for prior approval. IF POLICE ARE CALLED TO THE PROPERTY FOR ANY OF THE FOLLOWING REASONS: Excessive noise or music, any illegal activity, or evidence of violation of these policies, you will be evicted from the property effective immediately without any refund and additional charges may be assessed. Please inform us of any change in the number of guests before your arrival to avoid these charges and so the rental property can be prepared appropriately for your group. No exceptions or refunds are given for changes in the number of guests after your arrival.

REPAIRS/CONSTRUCTION
Even the best or newest equipment occasionally malfunctions and cannot be guaranteed 100% of the time. Port A Beach House CO. and the Property Owners use the best administrative staff and maintenance personnel available. Problems are corrected as soon as humanly possible. Port A Beach House CO. or an authorized employee or repairman may enter the premises during business hours for any purpose connected with the repair, care, or maintenance of the Property. Refunds will not be issued due to malfunctioning equipment or other Guest dissatisfaction with the Property or its surroundings. Port A Beach House CO. rents properties in a highly desirable developing resort area with surrounding properties occasionally under construction. Guests will not be moved or refunds given due to construction noise.

TV/CABLE/INTERNET/SATELLITE
No refund shall be given for the number of devices, outages, content, or lack of content or personal preferences with regard to cable/internet/satellite service. Services are provided as a convenience only and are not integral to this agreement. No refund shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to service.
AIR CONDITIONING/HEATING

If so equipped, and if not regulated otherwise, the Guest agrees that Air conditioning shall not be set below 72 degrees and heat shall not be set above 78 degrees and that the fan setting shall be “Auto”. Doors and windows shall be closed when either heat or air conditioning is in operation. There are no refunds for lack of or malfunctioning HVAC units.

GOLF CARTS
You will be required to email a copy if your auto insurance as well as Drivers license prior to renting. For properties that include a FREE golf cart, Port A Beach House CO. is not responsible if the golf cart is inoperable, nor are there any refunds or credits toward your rental. We will do everything reasonably in our power to get the golf cart in operating condition, but we cannot guarantee the golf cart will be operational during your stay. Any golf carts must be left clean with full gas tanks. A $25 fee per incident will charged if the cart is not left clean or with a full gas tank.

SWIMMING POOL USAGE
For any Port A Beach House CO. rental properties with a private pool, neither Port A Beach House CO. nor the Property Owner are responsible for injuries or accidental death resulting from utilizing the pool or surrounding area. Guest and any of Guest’s invitees utilize any swimming pools and surrounding areas located at the Property at their own risk, and are solely responsible for ensuring that access to and use of any swimming pools on the Property is done safely and with proper supervision, if applicable. If so equipped, spa heating is included. Pool heating, unless solar equipped is an additional fee when specified and must be paid for prior to use. Guest agrees not to tamper with pool heat controls or manipulate the heater in any way. Pool heat shall not exceed 86 degrees. Guest understands that the area surrounding the pool and spa may not be fenced or secured.

Smoking & Linens

Towels, sheets, pillows and blankets are not meant for outside use. 
Smoking is not permitted in any Port A Beach House CO. property.  If there is any tobacco smell in the cabin after your departure, you will be charged a cleaning fee of $500.00. Oil lamps and incense are not permitted due to the long-lasting odor. If these policies are violated, there will be a charge for excessive cleaning.

Pets
Not all properties allow pets. Pets are permitted at pet- friendly properties ONLY. A non-refundable cleaning fee of $250 per pet will be due at the time of booking. Prior to rental, renter must provide Port A Beach House CO. with the number and type of pets that will be on property. If pets are registered service animals you are required to provide documentation upon booking. Pet owners must pick up their pets waste. Pets found or seen in pet friendly homes without notice to PABHC and payment of pet cleaning fee will result in the fee being assessed from a security deposit or credit card. Pets found or seen in non-pet-friendly homes will result in the renter forfeiting the entire security deposit and may result in eviction

Right of entry
Guest(s) agree that Port A Beach House CO. 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.  Refusals to grant entrance may result in eviction.

Security & safety risks
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. Port A Beach House CO. does not assume any responsibility for injuries resulting from your failure to use due caution. Children must be supervised at all times. Port A Beach House CO. is not responsible for Renter’s or Renter’s guest’s personal property. 

LOST ITEMS OR LEFT ITEMS
Management assumes no responsibility for lost, stolen, or abandoned items. Reasonable effort will be made to contact the Guest for return. There will be a $25.00 handling charge plus shipping costs for any found items returned at the Guest’s request. Management shall not be held liable for the condition of said items. Any items not claimed for longer than 30 days may be donated or sold.

Indemnification & hold harmless
While Port A Beach House CO. and its property owners strive to maintain vacation properties in the finest condition, no guarantees are expressed nor implied regarding suitability or for any particular purpose. All guest(s) and their invitees use the vacation property structures and premises at their own risk. Port A Beach House CO. and its property owners shall not be held liable or otherwise responsible in any way for injury to any guest and/or their invitees that is caused or permitted to be caused by the intentional or unintentional acts of said guest(s) and/or invitees, or by the failure of structures, appliances, (including hot tubs and bbqs) furnishings, and/or other equipment, whether by malfunction, misuse, acts of god/nature, and/or are otherwise naturally occurring. No guarantees are expressed nor implied as to the suitability of utilities and other services provided to the vacation properties and adjacent structures and premises. No guarantees are expressed nor implied regarding the suitability/compatibility of materials utilized in the construction of the vacation property and/or its contents. Port A Beach House CO. and its property owners shall not be held liable nor otherwise responsible in any way for allergic reactions to guest(s) or invitees, caused or permitted to be caused by materials utilized in the manufacture of the vacation property and/or its contents, nor from mold and/or airborne spores, nor from pet/animal allergens, nor from chemical agents including, but not limited to appliances, linens, carpeting, utensils, fixtures, hot tubs, and/or other equipment. By written or electronic endorsement of this agreement, guest(s) and invitees hereby agree to forever hold-harmless and indemnify {companies.name} and its property owners from and against all claims, demands, loss, liability/responsibility of any kind and character, including cost of defense, arising out of or in any way connected with the guest(s) use of the property.
Attorney's Fees: Attorney’s fees; venue; law: it is the intent of the parties that Renter pay any and all attorney’s fees incurred by Port A Beach House CO. or Owners to collect any amount described in this agreement from Renter. Texas law shall apply to this agreement and to any dispute arising under this agreement. Venue for all disputes shall be in Nueces County, Texas.
Mandatory Mediation and Arbitration; waiver of class action: With the exception of Port A Beach House CO.'s right to file a breach of contract suit against Renter in the Justice Court, Precinct 4, Port Aransas, Texas to collect any unpaid rental amounts incurred under this agreement or amounts for damages that PABCH cannot collect from the Security Deposit that total $10,000.00 or less (“Collection Suit”), ALL OTHER CLAIMS ARISING FROM THIS AGREEMENT OR THE RENTAL OF THE PROPERTY, are subject first to mediation and then binding arbitration. This specifically includes any counterclaims and compulsory counterclaims that Renter would be required to assert against Port A Beach House CO. in a Collection Action filed in Justice Court. With the exception of the Collection Suit, all disputes must be resolved using the following process: the claimant must first notify the other party, in writing, by U.S. Mail, certified, return receipt requested, and specifically describe the nature of the dispute and set out exactly what the non-claimant must do to resolve the dispute. The non-claimant must respond within 45 days. If after the non-claimant’s response a dispute still exists, the parties agree to mediate the dispute within 90 days by a mutually chosen mediator in Nueces County, Texas. If after mediation, the dispute still remains, the claimant and non-claimant shall engage in a 60-day negotiation period in an attempt to further resolve the dispute. If after the 60 day negotiation period, a dispute still remains, the parties shall submit the dispute to binding arbitration before a mutually chose arbitrator in Nueces County. Arbitration shall be completed within 90 days. Discovery is limited to the discovery described in Texas Rules of Civil Procedure 190.2 and shall have 45 days to complete all discovery. The non-prevailing party shall pay 100% of the prevailing party’s attorney’s fees, litigation expenses, expert witness fees, and for all of the arbitrator’s time and all arbitration expenses. RENTER WAIVES THE RIGHT TO TRIAL BY JURY AND FURTHER WAIVES THE RIGHT TO FORM, JOIN, OR PURSUE ANY CLASS OR COLLECTIVE ACTION against Port A Beach House CO.