NEW WAVE VACATION RENTALS RENTAL AGREEMENT

New Wave Vacation Rentals

1305 State Highway 361, Port Aransas, TX 78373

Telephone: 361-339-1039

Email: info@newwavevacationrentals.com

Please read this Rental Agreement carefully before completing your reservation. Failure to comply with its terms could result in removal from the property and/or charges to the payment method on file. If you have any questions about this Agreement, please call us at 361-339-1039.

You will receive check-in information by text message 5 days before your arrival and again on the day of arrival. If you do not receive it, please check your spam folder and then contact us.

We look forward to welcoming you to Port Aransas, and thank you for choosing New Wave Vacation Rentals!

AGREEMENT

This Rental Agreement (the "Agreement") is between the guest making the reservation ("Guest," "you," or "your") and New Wave Vacation Rentals ("NWVR," "we," or "our"), acting as the authorized agent for the property owner. By completing a reservation on this website, the Guest agrees to rent the property identified in the reservation confirmation (the "Property") for the dates and total amount shown in the reservation confirmation, subject to the terms and conditions below.

TERMS AND CONDITIONS

RESERVATIONS AND PAYMENT

Payment is due according to the payment schedule shown at checkout and in your reservation confirmation. Your reservation is confirmed once the required payment has been received.

Advertised or quoted rental rates are subject to change without notice until a reservation is confirmed. NWVR reserves the right to correct any misquoted rental rates due to human or computer error.

TRAVEL INSURANCE

Vacation rental insurance is available to protect you from the loss of prepaid, non-refundable expenses due to unforeseen circumstances, such as illness or injury, flight delays, or other travel disruptions. Trip Cancellation and Trip Interruption coverage is available for events such as sickness or injury to yourself, a family member, or a traveling companion; flight delays caused by adverse weather; interruptions of road service; terrorist acts; and mandatory evacuations. The plan also includes other coverages, such as Medical and Dental, Baggage, and Emergency Assistance and Transportation, as well as services like identity theft protection, concierge services, and 24/7/365 emergency assistance. We strongly recommend purchasing this protection. Additional terms and conditions apply; please read the Description of Coverage/Policy carefully and contact Generali Global Assistance with any questions regarding coverage. You can review the Description of Coverage/Policy here: https://shop.vacationrentalinsurance.com/NEWWAVEV

DAMAGE PROTECTION

You may purchase an optional Vacation Rental Damage Protection plan designed to cover unintentional damage to the interior of the rental unit that occurs during your stay, provided the damage is disclosed to NWVR before check-out. If purchased, the plan covers up to a maximum benefit of $3,000 for eligible damages. Any damages exceeding $3,000, or damages not covered under the plan, will be charged to the payment method on file. Full details are available here: https://shop.vacationrentalinsurance.com/NEWWAVEV

The Vacation Rental Damage Protection plan can be purchased at any time up to and including check-in. By purchasing this plan, you authorize the insurance provider to pay New Wave Vacation Rentals directly for any amount payable under the terms and conditions of the plan.

CHECK-IN AND CHECK-OUT

Check-in time is 4:00 P.M. unless otherwise stated in your reservation confirmation. Please do not arrive at or use the Property before check-in time. While we make every effort to have the Property ready at check-in time, we cannot guarantee it. If the Property is ready before check-in time, early check-in may be allowed at NWVR's sole discretion.

NWVR will provide keys and door codes only to the Guest who made the reservation, unless prior arrangements have been made. Rentals are available only to responsible parties aged 25 or older. A valid driver's license or other acceptable government-issued photo identification may be required.

Guests are required to occupy the Property for the entire length of their reservation. NWVR reserves the right to refuse service to anyone.

Check-out time is 11:00 A.M. unless otherwise stated in your reservation confirmation. If keys were issued, they must be returned to the New Wave Vacation Rentals office, 1305 State Highway 361, Port Aransas, TX 78373, no later than 11:00 A.M. on the day of check-out. Each reservation will be provided with door codes or 2 keys at check-in. A $50 charge applies for lockouts, extra keys, or keys not returned.

A $100 per hour charge applies if the Property is not vacated on time. Once you have checked in, no refund will be issued for early check-out. If you do not arrive for your reserved stay, the cancellation policy shown at checkout will apply.

You agree to return the Property and its amenities in the same condition as at the start of your stay. In cases of abuse or malicious, excessive, and/or intentional damage to the Property (as determined in NWVR's sole discretion) in excess of $150, you will be responsible for reimbursing NWVR and/or the property owner for the full amount of the damage, including additional housekeeping expenses and reasonable attorney's fees. NWVR may charge these amounts to the payment method on file.

CANCELLATION POLICY

Cancellations and refunds are governed by the cancellation policy shown at checkout and in your reservation confirmation. Please review it carefully before booking. For stays affected by weather or other unforeseen events, we strongly encourage purchasing travel insurance (see Travel Insurance above).

PROPERTY CONDITION

NWVR is a vacation rental agency and describes properties to the best of our ability. However, we assume no responsibility or liability for the condition of the rental properties or any problems that may arise, including but not limited to latent defects, environmental factors, or other issues that may not be apparent during a visual inspection. NWVR is not liable for any injuries, accidents, theft, damage, or other misfortune that may befall the Guest or the Guest's invitees during their stay.

Neither NWVR nor the property owner is responsible for providing additional furnishings or equipment not available at the Property during your stay. Each property and its furnishings are privately owned, and NWVR acts solely as the rental agent for the property owner.

If large furniture is moved during your stay, you will be responsible for any charges incurred to return it to its proper location.

Port Aransas is a small island, and Wi-Fi and cellular signals can sometimes be weak. NWVR is not responsible if Wi-Fi does not work properly during your stay.

OWNERS' CLOSETS

Certain garages, closets, or cabinets at the Property may be locked or otherwise inaccessible. These areas are for the exclusive use of the property owner and are not available for Guest use. Any tampering with these areas will result in charges for damage, replacement of items, additional housekeeping expenses, and reasonable attorney's fees. If a Guest tampers with or breaks into an owner's area, they will be charged for breaking and entering.

OCCUPANCY AND PARKING

You agree not to exceed the occupancy limit stated for the Property. Violating this rule may result in eviction without a refund. Only designated parking spaces may be used; unauthorized vehicles will be towed at the Guest's expense. RVs, campers, trailers, and boats are not permitted unless explicitly allowed in the Property's rules.

NEIGHBORS

Please be mindful of neighbors, especially during quiet hours after 10:00 P.M. Loud music or parties may result in eviction, forfeiture of any security deposit, and/or charges to the payment method on file.

PETS

Not all New Wave Vacation Rentals properties are pet-friendly. Please confirm that your rental is designated as pet-friendly before booking. Pets are not permitted in properties that are not designated as pet-friendly.

For short-term rentals, a non-refundable pet fee of $75.00 per pet applies, with a maximum of two pets, plus a $50.00 pet cleaning fee per unit (a total of $125.00 for one pet and $200.00 for two pets). For long-term rentals, the pet fee is $75.00 per rental term plus the $50.00 pet cleaning fee. Please follow applicable state regulations regarding service animals and emotional support animals.

Guests must notify NWVR in advance if they will be bringing a pet and pay the applicable pet fee, which is non-refundable and charged before arrival. Pets are not allowed in pool areas, and dogs must be kept on a leash. Pets must be bathed to prevent fleas and be current on all vaccinations. Proof of vaccinations, including rabies (required by the State of Texas), may be requested.

An additional $100.00 fee will be charged if you fail to clean up after your pet. If a pet is found in a non-pet-friendly property, a $750 charge will apply. If a pet is not disclosed and no pet fee is paid at a pet-friendly property, a $400 charge will apply. By bringing a pet onto the Property, you agree to indemnify, hold harmless, and defend NWVR, its agents, and the property owner against any liability, judgments, expenses (including attorney's fees), or third-party claims for any injury or property damage caused by your pet.

SWIMMING POOL USAGE

Guests and their invitees use swimming pools at their own risk. Neither NWVR nor the property owners are responsible for any accidents or injuries.

SMOKING POLICY

Smoking and vaping are prohibited inside the Property and on any rooftop decks or covered porches. A $500 cleaning fee will be charged if smoking is detected inside, and a $100 cleaning fee will apply for cigarette debris found on the grounds.

GUEST RESPONSIBILITIES

The Guest who made the reservation is responsible for payment of the rental amount, any additional fees, and compliance with all terms of this Agreement by everyone in their party.

MISCELLANEOUS FEES

The following fees may be charged to the payment method on file:

• Grill or fire pit not cleaned before departure: $25

• Items left behind and mailed to you: $25 plus postage

• Excessive trash (items that must be hauled away because they were left on the property or did not fit in the designated receptacles): $50

• Property key not returned to the NWVR office by check-out: $50

• Stained linens that cannot be fully cleaned: $30 per comforter, $20 per sheet, $15 per towel, $5 per washcloth

• Home left excessively dirty: $75 per hour of additional cleaning

• Beach equipment supplied by the property not rinsed before departure: starting at $25
  

PENALTY FOR VIOLATION OF THIS AGREEMENT

Any violation of this Agreement may result in immediate termination of the rental without a refund.

UNAVAILABILITY OF ACCOMMODATIONS

NWVR reserves the right to move a reservation to a comparable unit if necessary due to unforeseen circumstances. You will receive a refund if the substitute accommodation is not acceptable.

REPAIRS, CONSTRUCTION, AND PROPERTY ACCESS

During your stay, please promptly report any maintenance issues to NWVR by phone at 361-339-1039 or by email at info@newwavevacationrentals.com. For urgent maintenance needs after hours, call 361-416-0672. Our on-call service is available from 6:00 P.M. to 9:00 A.M. for emergencies such as lockouts, power outages, flooding, or no heating or air conditioning. Non-urgent issues will be addressed during business hours.

Even the best or newest equipment can occasionally malfunction and cannot be guaranteed to be operational 100% of the time. NWVR and the property owners use qualified staff and maintenance personnel to address issues as quickly as possible. However, refunds will not be issued due to malfunctioning equipment or other dissatisfaction related to the Property or its surroundings.

Because NWVR operates in a developing resort area, some neighboring properties may be under construction during your stay. Guests will not be relocated or refunded due to construction noise or disruption. NWVR or its authorized agents may enter the Property during business hours for maintenance, repair, or care-related tasks.

HURRICANE AND SEVERE WEATHER

No refunds will be issued due to delays or cancellations caused by hurricanes or natural disasters except as provided in the cancellation policy shown at checkout. We strongly encourage purchasing travel insurance.

In the event of a hurricane or other severe weather, emergency evacuation will be at the Guest's expense. EMS, fire, and police may not have access to the Property due to beach conditions, tidal flooding, or other unforeseen circumstances. All Guests acknowledge and assume full liability and risk in the event of an evacuation and are responsible for making appropriate evacuation plans should such an event occur during their stay.

PERSONAL PROPERTY

NWVR is not responsible for any lost or stolen items during your stay. Please secure your belongings, especially when leaving the Property.

APPROVED USE OF THE PROPERTY

The Property is to be used solely for residential vacation purposes unless otherwise approved in writing by NWVR. If you intend to use the Property for any event, such as a wedding, reception, party, or large gathering, you must submit a request for approval to NWVR and agree to abide by NWVR's decision. If NWVR approves the event, you will be required to pay an event fee and a security deposit, in amounts determined by NWVR based on the nature of the event.

If you misrepresent the nature of an event, as determined by NWVR, you will forfeit any security deposit, may be asked to vacate the Property immediately, and will not be entitled to a refund. You will also be liable for any damage or disruption caused by the event.

GOVERNING LAW; VENUE

This Agreement has been negotiated, entered into, and is performable in Nueces County, Texas. It shall be governed by and construed in accordance with the substantive laws of the State of Texas, without regard to its conflict of law principles. All disputes arising from or related to this Agreement shall be brought exclusively in the state courts located in Nueces County, Texas, and all parties consent to personal jurisdiction in Texas.

Both parties waive any right to a trial by jury. In any suit or legal action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover all costs and expenses, including reasonable attorney's fees and court costs, from the non-prevailing party.

NO ORAL MODIFICATIONS

This Agreement cannot be modified orally. Any modification, amendment, or waiver must be in writing and agreed to by the party against whom it is sought to be enforced.

NO WAIVER

Failure to enforce any provision of this Agreement does not waive the right to enforce it in the future.

INDEMNIFICATION

The Guest agrees to indemnify and hold harmless NWVR, its affiliates, and the property owner from any claims, losses, or damages resulting from the Guest's stay at the Property.

ENTIRE AGREEMENT

This Agreement, together with the reservation details, cancellation policy, and property rules shown at checkout and in your reservation confirmation, constitutes the entire understanding between the Guest and NWVR and supersedes any prior agreements.

ACCEPTANCE

This is a legal document. Please read it carefully. If you do not understand any part of this Agreement, seek legal advice. By completing a reservation, you confirm that you have read, understand, and accept all terms and conditions of this Agreement.