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Rental agreement
SHORT-TERM RENTAL AGREEMENT — Stars on the Bay, Rockport, Texas
(v1.1 · Modeled on Texas STR standards. Reviewed and revised 2026-05-07 in light of bound homeowners STR coverage on the Property.)
This Short-Term Rental Agreement (the "Agreement") is entered into between John Jankowski and Isabel Jankowski, jointly the owners and operators of the property located at 1011 Live Oak Street, Rockport, Aransas County, Texas (collectively, the "Host"), and the individual named in the reservation (the "Guest"), and binds every member of Guest's party (collectively, "Guest's Party"). By checking the acceptance box and submitting payment, Guest represents that Guest is at least 25 years of age, has authority to bind every member of Guest's Party to this Agreement, and agrees to all terms below.
1. THE PROPERTY; INSURANCE DISCLOSURE. "Property" means the privately owned single-family residence known as "Stars on the Bay," located at 1011 Live Oak Street, Rockport, Texas, together with its yard, decks, balcony, covered parking, and driveway. The garage is not part of the Property and is off-limits to Guest's Party. Stays at the Property are limited to a minimum of three (3) nights and a maximum of seven (7) nights. Host maintains homeowners insurance with short-term-rental coverage on the Property. That coverage protects the Property only; Guest's personal property is not insured by Host, and Guest is encouraged to obtain travel and personal-property insurance before the stay.
2. RESERVATION, PAYMENT, AND TAXES. The total stay charge stated on the reservation is inclusive of all nightly rates, cleaning, and applicable Texas state hotel occupancy tax, Aransas County tax, and City of Rockport tax that the Host is required to remit. The reservation is not confirmed until payment in full is captured. Guest authorizes Host to charge the payment method on file for the total stay charge, any approved add-ons, and any post-stay charges authorized under Sections 11, 13, or 14.
3. CANCELLATION AND REFUNDS. A non-refundable booking fee of one hundred fifty dollars ($150) applies to every reservation and is retained from any refund issued under this Section. Subject to that fee: cancellations made thirty (30) or more days before the scheduled check-in date receive a refund of the full stay charge minus the $150 booking fee. Cancellations made fourteen to twenty-nine (14–29) days before check-in receive a refund of fifty percent (50%) of the stay charge minus the $150 booking fee. Cancellations made fewer than fourteen (14) days before check-in, no-shows, and early departures receive no refund. Refunds are issued to the original payment method within ten (10) business days of cancellation. This schedule supersedes any conflicting third-party platform policy for direct bookings made through this site.
4. CHECK-IN AND CHECK-OUT. Check-in is no earlier than 4:00 PM local time on the arrival date. Check-out is no later than 10:00 AM local time on the departure date. Late check-out without prior written approval from Host is subject to a charge equal to one additional night, debited from the payment method on file under Section 11.
5. OCCUPANCY AND REGISTERED GUESTS. Maximum overnight occupancy is six (6) persons, including infants and children. Day visitors are limited to a reasonable number consistent with quiet residential use and must depart by 9:00 PM. Exceeding maximum occupancy, or hosting any unregistered overnight guests, is a material breach of this Agreement and grounds for immediate eviction under Section 13 with full forfeiture of the stay charge.
6. MINIMUM AGE OF RENTER. The booking adult must be at least twenty-five (25) years of age and must be physically present at the Property for the entire stay. Booking on behalf of an underage occupant is grounds for immediate cancellation with no refund.
7. HOUSE RULES (INCORPORATED). The following house rules are part of this Agreement; their violation is a material breach:
(a) No smoking, vaping, or e-cigarettes anywhere on the Property — indoors or outdoors.
(b) No pets of any kind. If pet hair, dander, urine, feces, or scratches are detected during or after the stay, Guest agrees to a non-refundable cleaning and remediation charge of $200, plus the actual cost of any required deep-cleaning, deodorizing, or replacement of damaged items.
(c) No parties, gatherings of non-registered guests, or events of any kind.
(d) No fish cleaning anywhere on the Property; Guest must use a public boat-ramp cleaning table.
(e) The garage is closed and is not available for Guest's Party's use.
(f) Quiet hours from 10:00 PM to 8:00 AM. Sound must not be audible from the property line.
(g) No commercial photography, filming, or for-profit content production without prior written consent.
(h) Guest's Party must comply with all applicable City of Rockport, Aransas County, and State of Texas laws, ordinances, and short-term rental regulations.
(i) No fireworks, generators, golf carts, all-terrain vehicles, or drones launched from the Property.
(j) No candles, incense, or open flames indoors.
(k) Trash must be bagged and secured inside the provided bins; coastal raccoons and other wildlife will scatter unsecured trash and Guest is liable for the cleanup.
(l) HVAC must remain set at or above 68°F at all times to prevent coil freeze and water damage in coastal humidity; thermostat tampering below this threshold is a chargeable violation.
(m) Boat or trailer parking is permitted in the driveway only — no parking on the lawn or street. Cleaning of boats, motors, or fishing gear with bleach, fuel, or oil anywhere on the Property is prohibited.
8. QUIET ENJOYMENT AND NEIGHBOR RELATIONS. Guest acknowledges that the Property is in a residential neighborhood. Guest's Party shall not disturb the peace and quiet of neighboring residences. A single substantiated noise complaint, party complaint, or visit by law enforcement related to Guest's Party's conduct authorizes Host to terminate the stay under Section 13 with no refund.
9. DAMAGE, LOSS, AND AUTHORIZATION TO CHARGE. Guest is liable for all damage to or loss of the Property, its furnishings, fixtures, appliances, linens, and contents caused by Guest or any member of Guest's Party, beyond ordinary wear and tear. Guest expressly authorizes Host to charge the payment method on file, without further notice, for the documented cost of repair or replacement, plus any incidental remediation expenses (cleaning, locksmith, lock-rekey, missing-keys replacement, lost-revenue from displaced bookings caused by the damage). For damage exceeding $500, Host will provide an itemized invoice within fourteen (14) days. No charge will be made for individual items of damage with a documented cost under fifty dollars ($50). Where Host's homeowners or short-term-rental insurance pays a claim for the same loss, insurance proceeds shall offset Guest's liability dollar-for-dollar; Host's pursuit of both insurance and Guest's payment method for the same underlying loss does not constitute double recovery, and any net recovery in excess of Host's actual loss will be returned to Guest. This authorization survives the end of the stay and the termination of this Agreement.
10. INVENTORY AND CONDITION. Guest accepts the Property in its current condition. Guest must report any pre-existing damage, defect, or missing item in writing to Host within twenty-four (24) hours of check-in; failure to do so creates a presumption that the condition was caused by Guest's Party.
11. RIGHT OF ENTRY AND INSPECTION; EXTERIOR CAMERAS. Host, Host's designated cleaner, or contractors may enter the Property without prior notice in case of emergency, suspected violation of this Agreement, or to perform necessary maintenance or repairs, and with reasonable notice for non-emergency reasons. Guest waives any claim for invasion of privacy arising from such entry. The Property has exterior security cameras covering the driveway and exterior entry points, used for security and package monitoring. There are no interior cameras and no audio recording anywhere on the Property. Guest's Party consents to video recording in exterior common areas and shall not disable, obstruct, or reposition any camera; tampering is grounds for immediate eviction under Section 12.
12. EVICTION AND FORFEITURE FOR BREACH. Any material breach of this Agreement — including over-occupancy, unauthorized parties, smoking, pets, drug activity, threats to neighbors, refusal to abide by house rules, or non-payment — authorizes Host to terminate the stay immediately, evict Guest's Party, and retain the entire stay charge as liquidated damages. Guest agrees that the actual damages from such breach are difficult to calculate and that the forfeited stay charge is a reasonable estimate, not a penalty. Local law enforcement may be summoned to enforce the eviction.
13. ASSUMPTION OF RISK — COASTAL / WATER / STILT-CONSTRUCTION PROPERTY. Guest expressly acknowledges and accepts the inherent risks of staying at the Property, including but not limited to: (a) the elevated, two-story stilt construction (slippery stairs and decks when wet, fall risk from balcony); (b) proximity to Aransas Bay and the Gulf of Mexico (drowning, jellyfish, sharp shells, sun exposure, riptides, tidal change); (c) fishing, boating, and pier activities (hooks, lines, slippery surfaces, equipment); (d) Texas Gulf Coast wildlife (insects, snakes, alligators, marine life); (e) tropical storms, hurricanes, and coastal weather; (f) kitchen and household-appliance use. Guest's Party uses the Property and engages in any such activities at their own risk. Children must be supervised at all times near water and on stairs/balcony. The Property is equipped with working smoke detectors; Guest's Party shall not disable, remove, cover, or tamper with any smoke detector, and any such tampering is grounds for immediate eviction under Section 12. The Property has no carbon monoxide detector and contains no gas appliances; Guest acknowledges this disclosure.
14. INDEMNIFICATION AND HOLD HARMLESS. Guest shall indemnify, defend, and hold harmless Host, Host's family, Host's agents, Host's cleaners, and Host's contractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (i) Guest's or Guest's Party's use or occupancy of the Property, (ii) Guest's or Guest's Party's breach of this Agreement, or (iii) injury to or death of any person or damage to any property occurring on or in connection with the Property during the stay, except to the extent caused solely by Host's gross negligence or willful misconduct. This obligation survives the termination of this Agreement.
15. LIMITATION OF LIABILITY. To the maximum extent permitted by Texas law, Host's total cumulative liability to Guest and Guest's Party for any and all claims arising out of or relating to this Agreement or the stay shall not exceed the total stay charge paid by Guest. Host shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of enjoyment, lost profits, lost vacation time, or emotional distress. Nothing in this Section limits liability that cannot be limited under applicable law.
16. FORCE MAJEURE; MANDATORY EVACUATION. Neither party is in breach of this Agreement for any failure of performance caused by an event beyond that party's reasonable control, including hurricanes, tropical storms, floods, fires, earthquakes, mandatory evacuation orders issued by Aransas County or higher authority, public-utility outages, pandemics, government action, or acts of war or terrorism (each, a "Force Majeure Event"). If a mandatory evacuation order issued by Aransas County or higher governmental authority covers any portion of the scheduled stay, Host shall refund the unused nights to Guest, less any non-recoverable third-party costs already incurred. For any other Force Majeure Event that prevents the stay, Host will offer Guest, at Host's option, (a) a credit toward a future stay within 12 months or (b) a refund of the unused portion of the stay charge after deduction of any non-recoverable costs already incurred (cleaning fees pre-paid, third-party booking fees, and similar). Guest waives any claim to additional refund, consequential damages, or lost-vacation expenses arising from a Force Majeure Event.
17. NO CHARGEBACKS; DISPUTE RESOLUTION. Guest agrees to contact Host in writing and attempt good-faith resolution before initiating any payment-card chargeback, dispute, or reversal. Initiating a chargeback for any charge expressly authorized under this Agreement (including stay charges, damage charges, late-checkout charges, pet-violation charges, and forfeitures under Section 12) is itself a breach of this Agreement, and Guest agrees to reimburse Host for all chargeback fees, banking fees, and reasonable attorneys' fees and costs incurred in defending the dispute.
18. GOVERNING LAW AND VENUE. This Agreement is governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. Subject to Section 19, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Aransas County, Texas (or the nearest federal-court division thereof), and waive any objection to such venue.
19. ARBITRATION AND CLASS-ACTION WAIVER; 30-DAY OPT-OUT. Any dispute, claim, or controversy arising out of or relating to this Agreement or the stay that the parties cannot resolve in good faith within thirty (30) days shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Aransas County, Texas (or by telephone/video at the parties' agreement). Each party waives the right to a jury trial and the right to participate in any class, collective, or representative action. Either party may bring a small-claims action in lieu of arbitration for any dispute that qualifies for small-claims jurisdiction. Guest may opt out of this arbitration provision by sending written notice to Host at the email address in Section 22 within thirty (30) days of accepting this Agreement; an opt-out preserves all other provisions of this Agreement and does not affect the reservation.
20. SEVERABILITY. If any provision of this Agreement is held invalid or unenforceable, the remainder shall continue in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to be enforceable.
21. ENTIRE AGREEMENT; AMENDMENT. This Agreement, together with the reservation and the house rules referenced herein, constitutes the entire agreement between the parties on the subject of the stay and supersedes all prior or contemporaneous communications, listings, or understandings (including any third-party platform listing). Amendments must be in writing and signed (electronically or otherwise) by both parties.
22. NOTICES. Notices to Host shall be sent to isyjan360@gmail.com or by U.S. mail to 1011 Live Oak Street, Rockport, Texas 78382. Notices to Guest shall be sent to the email and phone number provided in the reservation.
23. ELECTRONIC SIGNATURE. Guest agrees that checking the acceptance box and submitting payment constitutes Guest's electronic signature under the Texas Uniform Electronic Transactions Act (Tex. Bus. & Com. Code Ch. 322), is intended to authenticate this Agreement, and is legally equivalent to a handwritten signature. A timestamped record of acceptance, the IP address of the accepting device, and the user-agent string are stored with the reservation and are admissible as evidence of execution.
24. NO SUBLETTING; NO COMMERCIAL USE. Guest may not assign, sublet, or transfer this Agreement, list the Property on any platform, or use the Property for any commercial, business, or income-producing purpose. The Property is rented for personal vacation use only.
25. SURVIVAL. Sections 9 (Damage), 11 (Right of Entry; Cameras), 12 (Eviction), 13 (Assumption of Risk), 14 (Indemnification), 15 (Limitation of Liability), 17 (Chargebacks), 18 (Governing Law), 19 (Arbitration), 20 (Severability), and 27 (Hurricane Preparedness) survive the termination or expiration of this Agreement.
26. PHOTO IDENTIFICATION. Host may require Guest to provide a clear copy or image of a government-issued photo identification matching the name on the reservation, prior to or upon check-in. The identification will be used solely to verify the booking adult's identity and minimum-age compliance under Section 6, will be stored securely, and will not be shared with third parties except as required by law or insurance carrier. Failure or refusal to provide identification when requested may delay check-in or, at Host's discretion, void the reservation under the cancellation schedule in Section 3.
27. HURRICANE AND TROPICAL-STORM PREPAREDNESS. The Property sits on the Texas Gulf Coast and is subject to tropical-weather risk. In the event any tropical storm or hurricane watch or warning is issued for Aransas County, or any voluntary or mandatory evacuation is announced for the area, Guest's Party shall (a) follow all instructions communicated by Host, (b) bring inside or otherwise secure all outdoor furniture, grills, and personal items, (c) close and lock all windows and exterior doors, and (d) evacuate the Property if a mandatory evacuation order is issued. Refunds for evacuation-shortened stays are governed by Section 16. Guest's Party releases Host from any claim for personal injury, property loss, or consequential damages arising from a Guest's Party's failure to comply with this Section.
By checking the acceptance box and submitting payment, Guest acknowledges having read, understood, and agreed to every section of this Agreement, on behalf of Guest and every member of Guest's Party.
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