Terlingua House Rental Agreement

AFTER Your Reservations have been made by TELEPHONE, the following Rental Agreement must be executed by submitting the e-mail form at the bottom of this page.

TERMS OF TERLINGUA HOUSE RENTAL AGREEMENT

Pending Reservation
We (Terlingua House owners, herein after referred to as “TerlinguaHouse”) are presently holding a reservation for you as specified above. This reservation will become confirmed upon our receipt of this Rental Agreement, completed and executed by you, along with payment for the rent deposit. If we have not received these items after acknowledging your reservation request, we reserve the right to offer rental of Terlingua House to others for the above dates.

Payment
Payment shall be made by credit card (Visa or MasterCard accepted). The Rent Deposit shall be paid prior to or with this Rental Agreement. The Final Payment (including the Security Deposit when required) shall be paid not later than 10 days prior to arrival. 25% payment is due upon initiation of the reservations and 75% is due no later than 10 days prior to the reservation date.

Arrival/Departure Times
Check-in starts at 4 pm on the arrival date and departure must occur by 11 am on the departure date. Early check-in and late check-out times are possible by prior arrangement, but can only be confirmed several days before the arrival date, since they are dependent on the schedules of other guests.

Security Deposit
TerlinguaHouse reserves the right and you specifically grant to TerlinguaHouse the right to hold and charge your credit card number as security against damage to the house or property, theft, late check out, and violation of any of the renter's agreements contained in this Agreement. Final settlement of the security deposit will be made within 45 days after the departure date.

Cancellations
When you make your reservation a 25% non-refundable deposit will be required. The balance due must be paid in full 10 days in advance. A 75% refund is available if reservations are canceled two weeks in advance. If something happens that you can’t make your trip, please contact us and we will make every effort to accommodate your needs. There is no refund of rent for late arrival or early departure.

Owners' Agreements
TerlinguaHouse shall bear the cost of all utilities, trash removal, local telephone service, the use of all personal property made available to renters, including kitchen equipment, dishes, linens, outdoor furniture, and outdoor grill. TerlinguaHouse will take reasonable measures to ensure that house and outdoor equipment is in reasonable working order.

Renters' Agreements
You agree that you shall leave the premises in the same order as you found it and that you shall not exceed the number of guests identified in this Agreement. If more than the numbered persons are found to occupy the unit, or if excessive cleanup is required, additional charges for such persons and additional maid service will be charged to your credit card. You shall nevertheless be fully responsible for any damage to the premises, plus reasonable costs of collection, including reasonable attorneys' fees, if necessary. Damage caused by your guests or invitees shall be your financial responsibility. You hereby agree all long distance phone calls charged to TerlinguaHouse during your stay will be billed to your credit card.
Without our prior written permission, you shall not host special events or gatherings at Terlingua House involving more than your immediate party, as enumerated in this agreement, and shall not conduct any events or activities that might interfere with the peace and enjoyment of the property's neighbors. The following are not allowed on the Terlingua House Premises: pets of any kind, firearms, 4-Wheelers, all terrain vehicles or other items not mentioned that may alter, endanger, disturb, destroy or interfere with the property, person(s) or surrounding tranquility of the neighbors. You agree that there can be no smoking in Terlingua House or other structures. You agree that we or our designees, agents or employees may enter and inspect the premises for any reason at any reasonable time during your stay.

Departure
Upon departure, you agree to follow the check-out procedures specified in the considerations notice, which is e-mailed to you with your invoice, including without limitation, cleaning the outdoor grill, if used, washing any dirty dishes, placing the garbage in the dumpster and pulling used sheets off bed and leaving at the end of the bed along with any towels you used.

Minors
Children are the direct responsibility of you as well as their parents or caretakers. Children are NEVER TO BE LEFT UNATTENDED at Terlingua House, whether in the house or outdoors. You acknowledge that there are amenities that could be dangerous to children and others. You also acknowledge and accept that there will be no supervision on the premises during your stay, and we will not be responsible for supervising the use of any of the facilities by either adults or children. You and all of your guests and invitees undertake all use of the property at your own risk.
Assumption of Risk, Waiver, Release and Indemnity Agreement
You acknowledge that NO WARRANTY, EXPRESS OR IMPLIED, IS MADE by TerlinguaHouse that any particular condition does or does not exist on the house and premises. You understand there are numerous dangerous or potentially dangerous conditions, risks and hazards on the premises and in the use of improvements located on the premises, some of which conditions, risks and hazards are known or reasonably foreseeable, such as, but without limitation: hazards presented by both wild and domestic animals which may be diseased or otherwise dangerous; poisonous snakes, insects and spiders; poisonous or barbed plants; erosional features, pits, holes, cliffs, bluffs, caves, creek/river crossings, and loose rock; pipelines; propane tanks, L.P.G. or propane operated heaters and stoves; and other conditions which produce hazardous driving, walking and camping conditions; and that some hazards are unknown or not reasonably foreseeable. You WAIVE AND RELEASE TerlinguaHouse from any obligation to affirmatively disclose any hazardous conditions located on the premises and YOU KNOWINGLY AND EXPRESSLY ASSUME ALL OF THESE RISKS, HAZARDS AND DANGERS, KNOWN, UNKNOWN, FORESEEABLE AND UNFORESEEABLE, AND VOLUNTARILY ELECT TO EXPOSE YOURSELF AND PROPERTY TO THEM.
To the fullest extent permitted by law, You agree to INDEMNIFY, PROTECT, DEFEND AND HOLD HARMLESS TerlinguaHouse from and against any and all liabilities, damages, claims, suits, losses, causes of action, liens, judgments, medical and all other expenses (including court costs, attorney's fees, and costs of investigation), of any nature, kind or description arising or alleged to arise by reason of (i) injury to or death of any person, including any child or ward under your control, or (ii) damage to or loss of property, occurring on or about the premises or enroute to or from the premises, and caused or alleged to be caused in whole or in part by any act or omission of:

    You and any member of your party;
    Any third party where the claim is asserted by you, or any member your party;
    TerlinguaHouse where the claim is asserted by you or any member your party; or
    Any combination of the foregoing persons; (collectively "Liabilities").

THIS INDEMNITY EXTENDS TO LIABILITIES ARISING FROM OR ATTRIBUTED TO THE CONCURRENT OR SOLE NEGLIGENCE OF TERLINGUAHOUSE. THE ONLY LIABILITIES WITH RESPECT TO WHICH YOUR OBLIGATION TO INDEMNIFY TERLINGUAHOUSE DOES NOT APPLY ARE LIABILITIES RESULTING SOLELY FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF TERLINGUAHOUSE. If any action or proceeding is brought against TerlinguaHouse in connection with the Liabilities, You, on notice from TerlinguaHouse, shall defend the action or proceeding, at your expense, through attorneys reasonably satisfactory to TerlinguaHouse. This provision applies to all activities of you and any member of your party, with respect to the premises whether occurring before, after or during the period in which they are or are authorized to be upon the premises.