Short-Term Rental Agreement


Version 1.1 (Last revised on: November 20, 2019)


Overview


This Agreement (the “Agreement”) is between Lodgeur Incorporated (“Lodgeur”) whose address is 1301 Fannin St Ste 2440, Houston, TX 77002 and our guest (“Guest” or “you”). This Agreement is a binding agreement that governs (a) your reservation with us (the “Reservation”), (b) our cancellation policy, (c) the fees associated with violating our rules, and (d) the other terms and conditions governing your stay with us at one of our “Units”, which may include those set by the “Apartment Community” in which the Unit is located.

1. AGREEMENT TO BE BOUND. This Agreement defines our terms and conditions. By booking a Unit from Lodgeur, you’re agreeing to: (a) accept the terms and conditions of this Agreement; (b) follow the House Rules; and (c) accept the consequences described in this Agreement if you break the rules.

2. TERM OF AGREEMENT. This Agreement takes effect the date you make your Reservation and expires when we have settled any charges incurred following your stay.

3. NATURE OF OCCUPANCY. This Agreement does not give you rights as a tenant, and Lodgeur retains the right to control, manage, and possess the Unit. You do not have the right to exclude Lodgeur or representatives of the Apartment Community from the Unit if access is required, and at the expiration of this Agreement, Lodgeur has the right to remove anyone in the Unit as trespassers.

4. HOUSE RULES. These are a summary of the basic terms and conditions for your stay:

a) NO PARTIES, EVENTS OR GATHERINGS. This is a residential community. Please respect quiet hours from 9pm-8am. We use a decibel-monitoring device from NoiseAware to ensure compliance (100% privacy-compliant).
b) NO SMOKING OR VAPING. In the property (including balconies / patios, if applicable), in the building, or the building's outside amenities. We use smart sensors that will send us a notification if tobacco or marijuana smoke is detected.
c) NO PETS. However, service animals as defined by the Americans with Disabilities Act (ADA) are accepted if you notify us at time of booking.
d) GOVERNMENT ID. A copy of a government-issued ID (e.g. driving license or passport) is required for all adult guests that will be staying with us and must be received within 48 hours of booking and prior to arrival.
e) BACKGROUND CHECK. For the safety of other guests and residents, all occupants consent to a background check from consumer or criminal record reporting agencies for the purpose of evaluating the booking (these checks may include civil and criminal information, records of arrest and rental history).
f) ADDITIONAL FEES. If you break or damage something, lose items (such as keys, fobs or parking passes), or check out late, we have the right to charge you additional fees to make things right for the next guest.
g) CHECK-IN IS FROM 3PM AND CHECK-OUT BY 11AM. On rare occasions we may be able to accommodate an early check-in or late check-out, but this requires written permission from Lodgeur, and can usually only be confirmed 24-hours in advance.
h) OCCUPANCY LIMITS. Occupancy is limited to two persons per bedroom (i.e. two persons for a 1-bedroom Unit, for a 2-bedroom Unit). Babies under the age of 2 are not included in this count. Guests may only sleep on the beds for hygiene reasons.
i) SPECIAL REQUESTS, BABIES. Should you have any special requests, please inform us at the time of booking. If you need a pack ‘n’ play travel crib or highchair (free of charge), please contact us to arrange and confirm. Note, however, there may be insufficient room in the bedroom to place a crib (we will let you know based on the Unit).

5. INQUIRIES / REPORTING OF ISSUES. Any inquiries regarding the conditions of your Reservation, your accommodation, or any maintenance related needs or other questions should be directed to our guest services team: guests@lodgeur.com, by call or text at 1-855-LODGEUR (563-4387), or visiting our web site (https://www.lodgeur.com). These channels are available 24/7, however, please note that the normal business hours for our local teams are 9:00 am to 5:00 pm, Monday through Friday (offices are closed on weekends and holidays).


Reservations, Payment, Changes, Background Checks and Cancellations


6. REQUIRED PAYMENT AND CANCELLATIONS. The required payment and cancellation terms depend on your length of stay, promotional rates and the website through which you booked. If Lodgeur doesn’t receive your payment within 48 hours of its due date, we’ll consider your Reservation to be canceled. Lodgeur will make a reasonable effort to contact you about any payment issues. If your Reservation is canceled for failure to pay, you’ll forfeit any payments you’ve already made.

a) SHORT STAYS UNDER 30 NIGHTS. Reservations of 29 nights or less require full payment upon making the Reservation. The Reservation is fully refundable if cancelled 14 days or more prior to the arrival date.
b) EXTENDED STAYS. For reservations of 30 nights or more, a 10% payment is due when the Reservation is made. This is fully refundable up to 60 days prior to arrival. The first month’s payment (minus the initial 10%) is payable 30 days prior to arrival. Each month’s rent is then payable 30 days in advance. Should you be unsure of the checkout date, we can block the apartment and then you just need to give us 30 days’ notice.
c) NON-REFUNDABLE RATES. If you have booked under a discounted non-refundable rate, then the Reservation is non-refundable once paid.
d) AIRBNB RESERVATIONS. If you booked through Airbnb, the payment schedule is set by Airbnb, and the cancellation terms are specific to the listing at the time of your Reservation.

7. RESERVATION CHANGES. You may extend your stay subject to availability and the payment of the nightly rate and any associated occupancy taxes or fees. If your change decreases the number of nights booked, this will be treated a cancellation of the nights, and you may receive a refund depending on the cancellation terms described above.

8. REFUNDS FOR EXTENUATING CIRCUMSTANCE / ISSUES OUTSIDE LODGEUR’S CONTROL. Some things are out of Lodgeur’s control, and we won’t issue refunds for them. This list includes, but isn’t limited to: (a) a force majeure event (defined in Section 32), (b) environmental noise; (c) personal emergencies of Guest; (d) flight delays or other travel-related issues; (e) inclement weather; (f) internet or cable connectivity problems; (g) any states of emergency or government-declared evacuations; or (g) any delay or failure caused by acts of God or other causes beyond Lodgeur’s reasonable control, including fire, flood, earthquake, accident, storm, explosions, strike or labor dispute, act of war, and terrorism. We recommend that the Guest purchase trip cancellation / travel insurance.

9. SUBSTITUTION OF ACCOMMODATIONS. Unforeseen circumstances may cause your Unit to become unavailable, and Lodgeur reserves the right to substitute a different Unit. We’ll make every effort to ensure that your accommodations are of an equivalent standard. If we can’t find replacement accommodations, we’ll notify you as soon as reasonably possible and we’ll refund any payments you’ve made.

10. MINIMUM AGE REQUIREMENT. Guests must be 21 years of age or older to make a Reservation, and the Guest who made the Reservation must be present for the duration of the stay. If the Guest who made the Reservation isn’t present during the stay, occupants may be removed from the Unit and the Reservation may be canceled without refund.

11. CREDIT CARD AUTHORIZATION. To book one of our Units, you’ll need to provide Lodgeur with your credit card details as a guarantee of payment. You agree to pay the rent and any charges associated with the Unit. You also understand that costs, legal or otherwise, incurred by Lodgeur related to your actions or your guests’ actions will be charged to your credit card, and you authorize Lodgeur to make such charges. These charges may include but are not limited to, excess utility charges, rent or add-ons which Lodgeur does not pay directly, damages to the apartment that are beyond normal wear and tear, delivery and/or postage charges, unreturned items such as keys, access cards, garage openers, and gate remotes. A representative fee schedule is included in Section 28.

12. BACKGROUND / PUBLIC RECORDS CHECK. Lodgeur is required to conduct a background check from consumer or criminal record reporting agencies for the purpose of evaluating the Reservation (these checks may include civil and criminal information, records of arrest and rental history). You agree to Lodgeur performing these background checks for each adult occupant of the Unit, and to provide each occupant’s full name, date of birth, current address and a government-issued photo identification (the “ID”). The ID copy should be legible and the photograph clearly visible. This must be provided within 48 hours of the Reservation being made. Lodgeur reserves the right to cancel a Reservation if the required information is not provided timely or if the check shows any information that we, at our sole discretion, feel would place other occupants of the building at risk or increase the risk of damage to our Units. We also reserve the right to share all occupants’ names, date of birth, government ID number, Unit assignment, and arrival / departure dates with the Apartment Community’s owner and management, who also have the right to request cancellation of your Reservation. Lodgeur reserves the right to share with our staff and contractors the names of occupants who are authorized to be on the property. If cancellation occurs as a result of this background check, you will be entitled to a full refund provided that you supplied the documentation with 48 hours of making the Reservation.

13. FALSIFIED RESERVATION. If you make your Reservation fraudulently, or through misrepresentation of fact, your Reservation will be canceled, and you’ll lose any payments you’ve made. You agree that Lodgeur will not be liable for any injury or damage to property or people that results from such a Reservation, and you agree to indemnify Lodgeur as described in Section 29 of this Agreement.


During Your Stay


14. REPORTING OF PROBLEMS. If you experience a problem during your stay, report it to Lodgeur in writing by messaging guests@lodgeur.com We’ll do our best to fix the problem. If the problem wasn’t fixed, notify us in writing before your check out date. If we don’t hear from you by then, we won’t be liable, and we won’t issue refunds.

15. PROHIBITED CONDUCT. You, other occupants of the Unit, and any guests, invited or otherwise (your “Party”), agree not to violate the law or engage in activities that may disturb or threaten the rights, comfort, health, safety, or convenience of others, including Lodgeur employees and service providers, staff and residents of the Apartment Community, or other guests. Prohibited conduct includes, without limitation, the following activities: disrupting Lodgeur’s business operations; verbal or physical harassment; manufacturing, delivering, possessing with intent to deliver, or otherwise possessing a controlled substance or drug paraphernalia; engaging in or threatening violence; possessing a weapon prohibited by state law; discharging a firearm in the Apartment Community; displaying or possessing a gun, knife, or other weapon in the common area in a way that may alarm others; storing anything in utility closets that house any gas appliances; tampering with utilities or telecommunications; bringing hazardous materials into the apartment community.

16. USE OF PREMISES AND AMENITIES. You are responsible for keeping your Unit neat and orderly. The Unit and common areas of the Apartment Community are to be used for residential purposes only, and no commercial, industrial or retail activity can be conducted unless authorized in writing by Lodgeur. Lodgeur is not responsible for amenities or services that are closed, out of service, or cannot be used for any reason. No refunds shall be issued for such unavailability of amenities or services.

17. VISITORS: Guests are permitted to have visitors, however, they are usually required to sign-in to the Apartment Community and to provide their ID. Overnight guests are not allowed, unless they have been added as an occupant to the reservation and have provided a copy of their ID and necessary information for Lodgeur to perform a background check a specified in Section 12. Additional occupants are only permitted if requested 48 hours in advance, and within the maximum stated capacity for the listing.

18. NON-SMOKING: All Lodgeur apartments are non-smoking apartments. No smoking or vaping in the apartment (including balconies / patios, if applicable), in the Apartment Community or its outdoor amenities unless there is a designated smoking zone. We may use technology to monitor for tobacco or marijuana smoke. Smoking in the apartment will result in a minimum $500 charge, plus the cost of any reservation cancelled or moved to another unit due to smoke odors.

19. EXCESSIVE NOISE, NUISSANCES AND MONITORING. Lodgeur is committed to respecting our neighbors and to promoting a peaceful, safe, memorable experience for all our guests. You agree to refrain from any activities that would disrupt the peace of neighboring residents and rental units during quiet hours (typically 9pm to 8am), and to abide to all local noise regulations. In other words, no excessive noise, smells, lights, or other nuisances. We use technology to monitor for tobacco or marijuana smoke, and to monitor volume levels in the Unit (this only measures decibel levels / sound amplitude and cannot record or transmit words or sounds). You agree to comply with the Apartment Community’s rules, including those pertaining to the use of swimming pools, saunas, spas, exercise rooms, and laundry facilities. Importantly, glass containers are prohibited in pool areas. If law enforcement or the Apartment Community staff are called because of the actions of you or your Party, it’s at your sole risk and expense, and it may result in additional charges and/or immediate eviction without a refund for any unused nights.

20. PETS. We do not allow pets unfortunately. If any pet other than an authorize service animal (as set forth under applicable law) is discovered in an apartment, a $500 non-refundable pet fee will be immediately due to Lodgeur in addition to any fees or deposits required by the Apartment Community, and any damages or additional cleaning costs incurred.

21. SERVICE ANIMALS: We accept service animals, as defined by the Americans with Disabilities Act (ADA): " a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person's disability." Please note that emotional support, therapy, comfort, or companion animals are not considered service animals under the ADA. If you would like to bring your service animal, we request that you let us know in advance. We may ask you to confirm (a) if the dog is a service animal required because of a disability, and (b) what work or task has the dog been trained to perform. Please note that it is illegal to falsely misrepresent that your pet or other animal is a service animal in the State of Texas. For service animals, we will not charge a cleaning fee for hair or dander shed by a service animal, however, if a guest's service animal causes damages to the accommodation, we are permitted to charge the same fee for damages as charged to other guests. It is not permitted to leave the service animal unattended in the accommodation, as the animal must be under the handler's control at all times. For additional information about the rights and responsibilities, please see these Frequently Asked Questions about Service Animals and the ADA ( https://www.ada.gov/regs2010/service_animal_qa.html ).

22. PARKING. Parking is available at all Lodgeur Apartment Communities unless otherwise stated, subject to the rules of that community. Unauthorized parking may result in towing at your expense. You accept the following parking rules when you enter into this Agreement.

a) VISITORS. Visitors must park in designated visitor parking spots only (where available, and excluding spots reserved for leasing enquiries). Typically, your visitors will need to find paid parking nearby.
b) SPEED LIMIT. Unless otherwise posted, the speed limit is ten (10) miles per hour.
c) POSTED SIGNS. You are responsible for following all posted signs including height restrictions, mounted mirrors, and traffic control devices.
d) UNASSIGNED PARKING. In the event parking at your Apartment Community is unassigned, you can park on a first-come, first-serve basis, except in designated areas. Parking spaces are not guaranteed.
e) ASSIGNED PARKING. In the event parking at your Apartment Community is assigned, you must park only in your assigned space.
f) LIMITATION OF VEHICLES. We will advise you if your Apartment Community has a limitation on the number of vehicles allowed.
g) RESTRICTED VEHICLES. Unless specifically allowed in designated areas, including carports and/or garages, the following are not allowed: campers, trailers, boats, buses, large trucks, commercial vehicles, mobile homes, trailers, recreational vehicles and equipment. Violators will be towed away without notice at the vehicle/equipment owner's expense.
h) NO VEHICLE REPAIRS. Automobile repair work is not allowed on the community. Washing vehicles is not allowed unless there is a designated car care facility.
i) VEHICLE INSURANCE. All vehicles will be parked at your own or the vehicle’s owner’s risk, and you will maintain proper insurance on your vehicles.
j) NO LOITERING OR RECREATIONAL ACTIVITIES. You, your occupants, guests, and invitees may not engage in the following activities in parking areas: loitering (standing or waiting around), recreational activities, or disrupting the flow of traffic.
k) REMOVAL. Improperly parked, non-operable, abandoned, or unauthorized vehicles or equipment are not permitted in the communities and may be removed by the Apartment Community at your expense or the expense of any other person owning same, for storage or public or private sale, at their with no right of recourse against them. The definition of improperly parked, non-operable, abandoned, or unauthorized vehicles or equipment shall be liberally construed in their favor. In addition, but not limited to their generally accepted definitions, “improperly parked”, “non-operable”, “abandoned”, and “unauthorized” shall also mean vehicles or equipment which: (i) Are noxious, offensive, unsightly, unpleasant or unkempt such as could reasonably affect the appearance or rental marketability of the community or such as could reasonably cause embarrassment, discomfort, annoyance, or nuisance to the Apartment Community or other residents; (ii) Are not displaying any required hangtag, decal, or other identifier provided by us; (iii) Are left unattended for a period of not less than thirty (30) days without anyone having claimed ownership of it.
l) LOST PARKING PASS. If the building requires a sticker/tag, and this is lost, stolen, damaged, or not returned upon move-out, a replacement cost of at least $100 will be invoiced.

23. LEAD DISCLOSURE. Lodgeur is required to make a disclosure regarding any known presence of lead-based paint and/or lead-based paint hazards: Lodgeur has no knowledge of lead-based paint and/or lead-based paint hazards in the Unit or Apartment Community. Lodgeur has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the Unit or Apartment Community. Lodgeur is aware of its obligations under 42 U.S.C. 4852d and is aware of our responsibility to ensure compliance. The Guest acknowledges Lodgeur’s Lead Disclosure statements and that Lodgeur has made the Protect Your Family from Lead in Your Home pamphlet available: https://www.epa.gov/sites/production/files/2014-02/documents/lead_in_your_home_brochure_land_b_w_508_easy_print_0.pdf

24. RIGHT OF ENTRY. Lodgeur and the Apartment Community’s staff and contractors have the right to enter your Unit if necessary. We will endeavor to give you prior notification, however, this may not be possible under certain circumstances.

25. REMOVAL AND TERMINATION. You are responsible for the actions of your Party, whether those actions take place in the Unit or the Apartment Community. You and your party may be removed by Lodgeur, the Apartment Community’s management, or other lawful authorities for violating the rules of conduct set forth in Section 15 of this Agreement. You and your Party can also be removed for failure to vacate the Unit by checkout time, for failure to pay required fees, for failing to comply with any of the rules listed in this Agreement, for failure to adhere to the Apartment Community’s rules, for smoking in the Unit or on the balconies, for the presence of unauthorized pets in your Unit, for noise violations or for disturbing the peace, or for unlawful actions of you or your party. Removals will result in the termination of your Reservation, no refund, and may incur additional fees as described in Section 28.

26. CHECK-OUT PROCEDURE: On the day of check-out, make sure that any remotes, access cards, additional keys, etc. are left where you obtained them. You agree to leave the Unit tidy and in good condition, excluding ordinary wear and tear. In the event that there are missing items, damage, or you do not vacate the Unit prior to check-out time on your departure date, additional fees will be payable as detailed in Section 28.

27. DAMAGES AND GUEST LIABILITY. You are responsible for insuring your personal items and those of any occupants and people you invite to your Unit. If there’s damage to your Unit, you agree to report it to Lodgeur immediately by notifying Lodgeur in writing to guests@lodgeur.com. You agree to be held liable for damage to your Unit and its contents that occurs during your stay, excluding normal wear and tear. Any damage to the Unit or the property by you or your Party will be charged to your credit card. Broken or missing items will be included in these charges. If your actions or the actions of your party cause the Unit to become uninhabitable, you agree to pay the fees described in Section 28 until the Unit becomes habitable again.

28. ADDITIONAL FEE SCHEDULE. Please take care of your Unit so that we can provide a great experience for the next guest. Below is a representative fee schedule (all charges are in US Dollars):

a) UNAUTHORIZED LATE CHECK-OUT. Additional cleaning charge due to rescheduling of housekeeping and double the nightly rate of impacted nights, plus any expenses and costs incurred procuring alternative accommodation for displaced guests.
b) SMOKING. $500 minimum charge, removal from Unit and termination of your Reservation with no refund, plus the cost of any reservation cancelled or moved to another unit due to smoke odors.
c) EXCESSIVE CLEANING. Up to $100 per additional hour of cleaning required to get the apartment ready for future guests.
d) DAMAGES OR MISSING ITEMS. Varies based on cost of item, includes a 20% surcharge for the administration expense.
e) UNIT IS UNHABITABLE. In addition to fees for excessive cleaning, and damaged or missing items described above, Guest will pay double the nightly rate of impacted nights, plus any expenses and costs incurred procuring alternative accommodation for displaced guests.
f) MISSING KEYS. $50 minimum charge per key.
g) MISSING FOB. $100 minimum charge per fob.
h) MISSING PARKING PASS / GARAGE REMOTE. $100 minimum charge per pass or remote.
i) UNTHORIZED PETS. $500 minimum charge, plus any damages or additional cleaning costs incurred, in addition to any fees or deposits required by the Apartment Community.
j) NOISE COMPLAINTS. If necessary, removal and termination of your Reservation with no refund, and a charge of up to $1,000.
k) PARTY IN UNIT OR COMMON AREAS. $2,000 plus charges for any additional fees incurred.
l) FORGOTTEN PERSONAL BELONGINGS. $50 minimum charge to mail the items.


OTHER TERMS


29. INDEMNIFICATION. You agree to indemnify, defend and hold harmless Lodgeur and its directors, shareholders, officers, employees, and agents from and against any damages, claims, costs (including reasonable attorneys’ fees and costs) and liabilities, whether for personal injury, property damage or otherwise, arising (a) in relation to this Agreement or a breach thereof, or (b) from any act or omission of Guest, Unit occupants or any invitees of Guest, provided that Guest’s indemnity obligations shall not extend to any situation caused by the negligent or willful acts of Lodgeur.

30. WAIVER. The waiver by Lodgeur of any breach by Guest of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Guest of the same provision or any other provision in this Agreement.

31. SEVERABILITY. Each provision of this Agreement is an independent clause, and if any one provision is unenforceable, that doesn’t affect the enforceability of any other provision.

32. FORCE MAJEURE. Neither of us is liable for failure to meet the terms of this Agreement if it’s due to force majeure (i.e. an “Act of God”), provided that reasonable efforts are made to notify the other party about such an event and its expected duration.

33. ENTIRE AGREEMENT. We both agree that this Agreement contains our entire understanding with respect to your booking with Lodgeur and supersedes any other agreement between us, whether written or oral. Neither one of us can change or amend this Agreement without the other’s written consent.

34. GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the state of Texas without regard to its principles of conflicts of laws. We both agree that the sole venue for any mediation or judicial action related to this Agreement shall be in Harris County, Texas. We both consent to personal jurisdiction of the courts in Harris County, Texas.

35. ATTORNEYS’ FEES. The prevailing party in any lawsuit arising from or relating to this Agreement is entitled to recover its costs, including reasonable attorney fees.