Lodgeur Short Term Rental Agreement
(for short-term rentals and extended stays)
Version 1.5 (Last revised: February 28, 2023)
This Agreement (the “Agreement”) is between Lodgeur Incorporated (“Lodgeur”) whose address is 12333 Sowden Rd Ste B, Unit 46654, Houston, TX 77080-2059 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 or cause any damage.
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. This is a summary of the basic terms and conditions for your stay (the “House Rules”):
a. NO PARTIES, EVENTS OR GATHERINGS. This is a residential community. Please respect quiet hours from 9pm-8am.
b. NO SMOKING OR VAPING. Prohibited inside the property (including balconies / patios, if applicable), in the building, or the building’s outside amenities.
c. MONITORING DEVICES. We use a range of smart devices to monitor compliance with our House Rules. These may include: privacy-compliant decibel-monitoring for excessive noise during quiet hours, smart sensors that will send us a notification if tobacco or marijuana smoke is detected, and entryway cameras to ensure occupancy limits and pet restrictions are respected. Tampering with these devices is against the House Rules. The Apartment Community in which you are staying also has a video surveillance system of public areas.
d. NO PETS ON SHORT-STAYS. However, service animals as defined by the Americans with Disabilities Act (ADA) are accepted if you notify us at time of booking. On extended stays (30 night minimum) emotional support animals are allowed, and pets may be accepted subject to registration, additional fees, and other requirements.
e. GOVERNMENT ID AND MATCHING CREDIT CARD. To abide by legal requirements and building security rules, each adult guest is required to provide a copy of their official government-issued photo ID, confirm contact information, and for the person paying to provide a valid credit card with a name that matches their ID for fraud prevention purposes. This information must be submitted through our online check-in and verification portal before access is granted. For security reasons, the Apartment Community does not allow Guests access until the screening process is complete.
f. BACKGROUND CHECK. For the safety of other guests and residents, all adult 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).
g. ADDITIONAL FEES. If you break or damage something, lose items (such as keys, fobs or parking passes), bring unauthorized pets, or check out late, we have the right to charge you additional fees to make things right for the next guest. We also have the right to charge you to pay fines and fees charged by the building for your actions or omissions.
h. 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 on the day of check-in or check-out.
i. OCCUPANCY LIMITS. Occupancy is limited to 2 persons per bedroom (i.e. 2 persons for a 1-bedroom property, 4 for a 2-bedroom property). Babies under the age of 2 are not included in this count. Guests may only sleep on the beds for hygiene reasons.
j. 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 availability. 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: firstname.lastname@example.org, by call or text at 1-855-LODGEUR (563-4387), or visiting our website (https://www.lodgeur.com).
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 when due, your Reservation will be canceled and the Apartment may be made available to other guests. 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 7 days or more prior to the check-in time on the arrival date. After this time, the Reservation is non-refundable. Partial refunds for shortened stays are only available for extended stays of 30+ nights.
b. EXTENDED STAYS. For reservations of 30 nights or more:
i. A payment of 10% of the first month’s balance is due when the Reservation is made. This is fully refundable up to 14 days prior to arrival.
ii. A valid payment card must be held on our system for automatic billing.
iii. The balance of the first month’s payment is payable and automatically collected 14 days prior to arrival.
iv.Each subsequent month’s installment (or portion thereof) is automatically deducted 14 days in advance.
v. If your plans change and you provide 14 days’ notice, you may shorten your length of stay for a refund of the nights paid but not spent (subject to a 30-night minimum stay). For example, if you book a 60-night stay and cancel nights 45-60 on night 30, you will receive a refund of nights 45-60. If you cancel nights 45-60 on night 40, you will receive a refund of nights 55-60. If you cancel nights 20-60 on night 5, you will receive a refund of nights 31-60 due to the 30-night minimum stay requirement.
vi. Should you be unsure of how long you want to stay, Lodgeur may at its discretion block the apartment for an eventual extension, however, this will be released 14 days prior to the checkout date unless you have extended your stay.
c. 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. Please check the detail of your Reservation and Airbnb’s information: https://www.airbnb.com/home/cancellation_policies
7. 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 (discussed in further detail below);
b. environmental noise;
c. personal emergencies of Guest, including unexpected illness, disease or injury of the Guest, their travel companions or family members;
d. government obligations of Guest, such as jury duty, court appearances or military duty (other than terminations under the Servicemembers Civil Relief Act or similar applicable laws);
e. delays or cancelations of your flight, train, ferry, or other form of transport, other travel-related issues such as road closures, and cancellation or rescheduling of an event you planned to attend;
f. inclement weather, including hurricanes, floods or winter storms;
g. any internet or cable connectivity problems;
h. electricity, water, or gas outages lasting less than 24 hours;
i. any states of emergency or government-declared evacuations; or
j. any delay or failure caused by acts of God or other causes beyond Lodgeur’s reasonable control, including pandemic, power grid failure, fire, flood, earthquake, accident, hurricane, winter storm, explosion, strike or labor dispute, act of war, and terrorism.
We recommend that you purchase trip cancellation / travel insurance to protect against the effects of hurricanes, winter storms, or pandemics on their travel plans.
8. 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 already made for unused nights.
9. 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.
10. CREDIT CARD AUTHORIZATION AND SECURITY DEPOSIT. To book one of our Units, you’ll need to provide Lodgeur with your credit card details to guarantee payment and place a pre-authorization hold for the security deposit.
a. You agree to pay the rent and any charges associated with the Unit, and you agree that Lodgeur may place authorization holds on your credit card.
b. You also understand that costs and fees 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 Unit that are beyond normal wear and tear, fees for animals or fines for their behavior charged by the Apartment Community, delivery and/or postage charges, unreturned items such as keys, access cards, garage openers, and gate remotes. A representative fee schedule is included in this Agreement.
c. You agree that 7 days prior to check-in, Lodgeur will pre-authorize the card for the security deposit. This is renewed every 7 days (i.e. the funds are put on hold), up until 2 days after checkout. If the reservation is longer than 7 days, Lodgeur will continue to pre-authorize the card until you check out, at which point Lodgeur will stop renewing the hold. Assuming no claim has been made, the security deposit amount will be released within 7 days of the last renewal.
11. BACKGROUND / PUBLIC RECORDS CHECK.
a. To abide by all legal requirements and building security rules, each adult Guest (18 years+) will be asked to provide a copy of your official government-issued photo ID, confirm your contact information, provide a valid credit card with a name that matches your ID, pass through our verification portal and, in some instances, complete a criminal background check.
b. Lodgeur screens all guests using its third party integration provider. The screening process in place will verify your identity, analyze and flag potential risks, validate payment methods, confirm social media accounts, and scan through criminal databases for sex offences and other possible threats. Lodgeur reserves the right to deny the stay for any guest that does not complete or pass verification.
c. By completing the Reservation you agree to the following:
i. 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 through Lodgeur’s online check-in portal within 48 hours of the Reservation being made.
ii. 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.
iii. You grant Lodgeur 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 within 48 hours of making the Reservation.
iv. You understand that your check-in instructions might be withheld until you have successfully completed our verification portal. You understand that if you don’t complete the online check-in process, you will not be able to access the Unit and your Reservation will be considered a non-refundable ‘no-show’.
12. FALSIFIED RESERVATION. If you make your Reservation fraudulently, or through misrepresentation of fact, your Reservation will be canceled. 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 this Agreement.
During Your Stay
13. REPORTING OF PROBLEMS. If you experience a problem during your stay, you agree to report the problem to Lodgeur in writing by messaging email@example.com. We’ll do our best to fix the problem. If the problem wasn’t fixed, notify us in writing within 24 hours. If we don’t hear from you when there is an opportunity to make it right, you agree that we won’t be liable for the issue.
14. 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; or bringing hazardous materials into the apartment community.
15. 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.
16. VISITORS: Guests are permitted to have visitors outside of the building’s quiet hours (typically 9pm to 8am), 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 as specified in this Agreement. Additional occupants are only permitted if requested 48 hours in advance, and within the maximum stated capacity for the listing.
17. 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 or vaping 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. We will also charge you for any cleaning costs or replacement costs if items in the Unit smell of smoke or have other damage.
18. EXCESSIVE NOISE, NUISANCES 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 by 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, to monitor volume levels in the Unit (this only measures decibel levels / sound amplitude and cannot record or transmit words or sounds), and entryway cameras to ensure occupancy limits and pet restrictions are respected. The Apartment Community in which you are staying also has a video surveillance system of public areas. 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 your immediate removal from the Unit without a refund for any unused nights.
a. PETS AND EMOTIONAL SUPPORT ANIMALS.
i. Reservations for 29 Nights or Less. We do not allow pets or emotional support animals on short stays of 29 nights or less.
ii. Reservations for Extended Stays. On extended stays of 30 nights or more, we may accept pets and emotional support animals subject to an individual Apartment Community’s requirements being met. For example:
1. Registration of the animal, which may include sending a photo, current veterinary records showing vaccinations are up to date, and a DNA mouth swab performed at the Apartment Community’s leasing office;
2. For pets:
a. Payment of a non-refundable pet application fee (typically $250-400 per animal); and
b. Payment of a monthly pet fee (typically $50 per month per animal).
3. For documented emotional support animals:
a. Pet fees are waived with appropriate supporting medical documentation of the animal’s emotional support role.
b. Please note that excessive cleaning or other pet-related damage may be charged to the Guest, even where pet fees are waived.
iii.Unauthorized Animals. If any pet other than an authorized ADA-qualified 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.
b. SERVICE ANIMALS.
i. ADA-Qualified 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.
ii. Advance Notice. 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.
iii. Cleaning Fees and Damage. We do not charge a cleaning fee for hair or dander shed by a qualified service animal. However, if a Guest’s service animal causes damage to the accommodation, we are permitted to charge the same fee for damage 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).
c. CHARGES AND FEES. If the Guest brings an animal to the Apartment Community or allows the Guest’s guests and invitees to do so, the Guest assumes responsibility for all damage, costs and expenses incurred with respect to the animal. To compensate Lodgeur for the expense and burden of remediating animal-related issues, Guest agrees to pay Lodgeur a $500 minimum charge for any unauthorized animal Guest allows into the Apartment Community, plus any damages or additional cleaning costs incurred, in addition to any fees or deposits required by the Apartment Community. Note that the Apartment Community will assess fines for animal waste which is not properly discarded and for unauthorized animals reported in the Apartment Community, also of $500.
20. 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 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 in the Apartment 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 Apartment Community 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.
i. 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.
21. 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
22. 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. During stays more than 29 nights, our cleaners enter the Unit every two weeks to provide a cleaning service and confirm that the Unit does not require maintenance. You agree to provide reasonable access to the Unit for cleaning, maintenance and emergencies. Any animals left in the Unit must be secured in a cage for the safety of Lodgeur and the Apartment Community’s staff and contractors.
23. 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 14 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 / vaping in the Unit or on the balconies, for the presence of unauthorized animals 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 without a refund, and may incur additional fees as described below.
24. 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 below.
25. 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 firstname.lastname@example.org. 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 below until the Unit becomes habitable again.
26. 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 the 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. Cleaning costs and furniture replacement costs will be assessed as appropriate.
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 UNINHABITABLE. 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. UNAUTHORIZED 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. ANIMAL WASTE. $500 fine assessed by the Apartment Community for animal waste which is not properly discarded.
k. NOISE COMPLAINTS. If necessary, removal and termination of your Reservation with no refund, and a charge of up to $1,000.
i. PARTY IN UNIT OR COMMON AREAS. $2,000, plus charges for any additional costs or fees incurred.
m. FORGOTTEN PERSONAL BELONGINGS. $50 minimum charge to mail the items.
27. 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.
28. WAIVER. Lodgeur’s waiver of or acquiescence to 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.
29. 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.
30. FORCE MAJEURE.
a. In the event the Unit becomes unavailable and Lodgeur is unable to arrange for substitute accommodation for you, Lodgeur’s liability to you is limited to a refund of the unused portion of your Reservation. Lodgeur will make reasonable attempts to notify you as soon as the circumstances become known.
b. If water or power is unavailable to the Unit for more than 24 hours, the Guest may check out of the Unit, cancel the Reservation with same-day notice, and receive a refund for the unused nights. Internet outages are not considered force majeure events.
c. When you occupy a Unit, you acknowledge that the Unit is habitable, accept the benefit of being sheltered, waive any right to dispute payment for such occupied nights, and acknowledge that Lodgeur is unable to remarket the Unit during your stay.
d. Extreme weather events, including hurricanes and floods, are frequent, foreseeable occurrences in the communities in which Lodgeur operates; families in Lodgeur’s local communities frequently book Units when displaced from their own homes due to these events. For example, during Winter Storm 2021, the Houston area experienced widespread power and water outages. Guests who remained in their Unit precluded Lodgeur from renting the Unit to other Guests seeking shelter, and were not eligible for refunds due to the outages.
31. ENTIRE AGREEMENT. We both agree that this Agreement contains our entire understanding with respect to your Reservation 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.
32. 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.
33. 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 and court costs.