A Caribbean seaside resort conveniently located in Galveston. Our 3 bedroom/2 bath (sleeps 8) penthouse is located on the fifth floor at Diamond Beach Resort. The condo has great views of the ocean. It has two king size beds, one queen bed, and one queen sleeper sofa. Diamond Beach has the largest pool in Texas, a lazy river, an inside heated pool, game room, theater room, and kids club.
This Rental Agreement (“Agreement”) is between Traveler who accepts this Agreement and provides his/her credit card information (“Traveler”) and Maria Ragazzo (“Owner”).
Owner agrees to lease to Traveler the property located at Diamond Beach Resort & Spa, 10327 Seawall Boulevard Unit 5PH2, Galveston, TX 77554; (“Unit”) subject to the terms and conditions set forth below:
1. Agreement Term. As set forth in the Rental Agreement Summary on (SENSITIVE CONTENTS HIDDEN) or (SENSITIVE CONTENTS HIDDEN) CHECK-IN is the date designated AFTER 3:00 P.M. (HOUSTON, TX TIME ZONE) (“Check-In”) and CHECK-OUT is the date designated AT 11 A.M. (Houston, TX Time Zone) (“Check-Out”) (Check-In through Check-Out is referred to as the “Travel Dates).
2. Rental Costs. The rental rate owed by Traveler for the Travel Dates is the amount designated by Owner on AirBnB as the total quote amount (“Rental Costs”).
3. Booking. Traveler must pay Rental Costs by credit card to reserve the Unit.
4. Number of Travelers. The number of persons in Traveler’s party cannot exceed eight (8) persons including Traveler, adults, children and guests (“Traveler’s Party”). Traveler will be provided with a maximum of eight (8) wristbands. Traveler may invite guests, only if the number, in Traveler’s party is less than eight (8) people. Once Traveler’s party reaches eight (8) persons no other people may be admitted.
5. No Smoking/No Pets. This is a NON-SMOKING Unit. No pets are permitted in the Unit.
6. Minimum Age. The Unit shall not be rented to vacationing students or young adults (under 25) unaccompanied by a responsible parent or guardian. TWO RESPONSIBLE PARENTS OR GUARDIANS OVER THE AGE OF 25 ARE REQUIRED TO BE STAYING IN THE UNIT AT ALL TIMES. The Unit is monitored for violation of this policy. A violation of this policy includes reservations made by parents or guardians who do not Check-In, and/or who leave overnight during the length of the stay.
7. Damage Guarantee. TRAVELER AGREES THAT TRAVELER’S CREDIT CARD SHALL BE CHARGED $500.00 AFTER CHECK-OUT IF (i) debris, rubbish and discards are left in the Unit; (please place all debris, rubbish and discards in garbage chute on the 5th floor); (ii) damage is done to the Unit or its contents, beyond normal wear and tear; (iii) charges are incurred due to contraband, pets or collection of rents or services rendered during the stay; (iv) dishes are left soiled (please place all soiled dishes in the dishwasher and turn-on to clean); (v) keys are not returned at the time of Check-Out; (vi) linens are lost or damaged; or (vii) Traveler arrives prior to Check-In or stays after Check-Out ($500 per hour).
If there is damage to the Unit when Traveler arrives, Traveler agrees to notify Owner in writing via text or email within one (1) hour after Check-In. Owner must receive the text or email. If there has been damage to the Unit or its contents, the Traveler shall be advised within seventy-two (72) hours after Check-Out. Traveler is responsible for any damage caused by any member in Traveler’s Party. IF THE DAMAGE IS MORE THAN THE $500.00, THE TRAVELER AUTHORIZES THE OWNER TO CHARGE THE FULL AMOUNT OF THE DAMAGES TO THE TRAVELER’S CREDIT CARD.
8. Rules. Everyone in Traveler Party must follow the Rules of Diamond Beach Management and/or local law enforcement. If anyone in Traveler Party is evicted by Owner, Diamond Beach Management and/or local law enforcement, Traveler’s Party will be evicted and the Rental Costs will be forfeited. Traveler is responsible for all damages and agrees to pay for damages caused anywhere on the Diamond Beach complex property. Traveler agrees to defend and indemnify Owner from any such costs or expenses (including attorneys’ fees and court costs). A copy of the Diamond Beach Condominium Owners Association Renters Rules is attached. In addition, under no circumstances is anyone in Traveler’s Party allowed to climb over the Unit’s balcony.
9. Cancellations. To cancel, a minimum of sixty (60) days notice is required for a 100% refund of Rental Costs. Fifty-Nine (59) to thirty (30) days notice is required to receive 50% refund of Rental Costs. Cancellations received by Owner twenty-nine (29) days or less before Check-In shall result in forfeiture of the Rental Costs. Early departure does not warrant any refund of the total Rental Costs. All cancellations must be made in writing and received by Owner within the time limits described in this paragraph.
10. Hurricane or Storm Policy. No refunds of the Rental Costs or portions thereof shall be given unless: (i) The National Weather Service orders mandatory evacuation in a "Tropical Storm/Hurricane Warning" for Galveston. As of the day the National Weather Service orders a mandatory evacuation order for Galveston, Owner shall refund: (i) Any prorated unused portion of the Rental Costs from a Traveler currently registered, (ii) Any prorated unused portion of the Rental Costs from a Traveler that is scheduled to arrive, and wants to shorten their stay, to come in after the Hurricane Warning is lifted; and (iii) Any advance Rental Costs collected or deposited for a reservation that is scheduled to arrive during the "Hurricane Warning" period.
11. No Daily Maid Service. While linens and bath towels are included in the Unit, daily maid service is not included in the Rental Costs. Beach towels are not included in the rental. Owner suggests Traveler bring beach towels for every member of Traveler’s Party. Owner does not permit towels or linens to be taken outside the Unit. The Unit shall be stocked with an initial supply of trash liners, toilet paper, paper towels and bath soap. Additional supplies of the foregoing items and other items including but not limited to detergent and dishwashing soap are Traveler’s responsibility.
12. Falsified Reservations. Any reservation obtained under false pretense
shall be subject to forfeiture of the Rental Costs and no member of Traveler’s Party shall be permitted to Check-In.
13. Breach of Lease Terms. Violation of the terms of this Agreement will result in automatic eviction of Traveler’s Party and forfeiture of the Rental Costs.
14. Written Exceptions. Any exceptions to the above mentioned policies must be approved in writing in advance by Owner.
15. Attorneys’ Fees. In the event Owner or Traveler brings a cause of action or claim arising out of, relating to, or connected with this Agreement is pursued by either Traveler or Owner, Traveler agrees to reimburse Owner’s attorney(s) fees and court costs.
16. Maximum Liability. Owner’s maximum liability for any cause of action or claim arising out of, relating to, or connected with this Agreement shall not exceed the Rental Costs paid by Traveler and received by Owner.
17. Owner’s Closet. There is one locked closet in the master bedroom and six cabinets in the kitchen which are reserved for the storage of Owner’s property and is not included in this Agreement or for the use by Traveler’s Party.
18. Severability. If any provision of this Agreement shall be found by any court, or administrative body of competent jurisdiction, to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
19. Governing Law, Venue, and Waiver of a Jury Trial. The laws of the State of Texas govern the interpretation, validity, performance, and enforcement of this Agreement without giving effects to its conflicts of law provisions. Venue for any action brought under this Agreement shall lie exclusively in Harris County, Texas. OWNER AND TRAVELER WAIVE VENUE IN ANY OTHER JURISDICTION. OWNER AND TRAVELER AGREE TO A BENCH TRIAL AND TO WAIVE A JURY TRIAL.
20. Legal Document. TRAVELER ACKNOWLEDGES THAT THIS AGREEMENT IS A LEGALLY BINDING CONTRACT. TRAVELER ACKNOWLEDGES AND WARRANTS THAT BY MAKING THE PAYMENT FOR THE RESERVATION, TRAVELER HAS READ, UNDERSTOOD AND ACCEPTED ALL THE TERMS OF THIS AGREEMENT AND AGREES TO ABIDE BY SUCH TERMS. TRAVELER ACKNOWLEDGES THAT PAYMENT OF THE RENTAL COSTS SHALL HAVE THE SAME LEGAL EFFECT, VALIDITY AND ENFORCEABILITY AS A MANUALLY EXECUTED SIGNATURE ON THIS AGREEMENT.
Wrist Bands and Parking Tags required – register at Front Desk
GROUND/ FIRST FLOOR
• Access to Lobby and Front Desk at Glass Elevators [Press call button for assistance]
• Outdoor - 300 Ft. Cascading Swimming Pool
• 2 Outdoor Hot Tubs [by Slide and in Cascading Pool]
• Outdoor 750 Ft. Lazy River 9am-12am [Inner Tubes Stored behind Green Fenced Area]
• Outdoor Swim-Up Bar [seasonal-hours vary]
• Outdoor Water Slide [seasonal-hours vary]
• Volleyball/Sand Play Area 9am – 12am
• Outdoor Shower 9am – 12am
• Cabana Rentals [See Concierge for reservation] 9am –9pm
• Grills Available 9am – 9pm
• Access to Beach/Seawall from Both Ends of the Property
• Luggage Carts –Main Entrance Elevators
Please Return When Finished
• Main Lobby/Concierge Desk 7am-11pm/ Security 11pm-7am
•Business Center - MAC Computers/Printer/Wireless Connections 24\7
• Diamond Pool - Heated Indoor Pool 9am-12am
• Jungle Kids Room - Kids Play Area [Beanbags, Blocks, Games, Puzzles, Flat Screen TV] 7am – 12am
• Luggage Carts –Main Entrance Elevators 2nd Floor Please Return When Finished
• Ocean Cinema - Reserve the Theatre for your Group [Seats 35 People] See Concierge Desk 7am – 11pm
• Bar None – Bar Open to Public
• Wine and Dine - Private Dining and Television Room [Schedule use with Front Desk] 7am – 12am
• Outdoor Veranda – Perfect for Watching the Sunset
• Soda Machine - Service elevator lobby
• Game On - Game Room 7am – 12am [Equipment available at the front desk]
• Fitness Center - Everything You Need for a Great Workout! 24\7
• Soda Machine - Service elevator lobby
• Trash Drops –  per Floor.  Located on West End by Service Elevator and  Mid Way down East Corridor, on each Floor
• DO NOT – Hang, pour, throw, or climb on Balcony.
• GLASS IS NOT ALLOWED OUTSIDE YOUR CONDO DOOR.
• No Pets Allowed and Please do not Feed Birds on Property
• No extra wristbands can be give. You are allowed the max per condo.
Wrist bands change daily and must be worn at all times!
Cabanas may be reserved at the front desk: $100 for all day rental of cabana (with no grills) or $20 per hour with a 2 hour minimum for cabanas with grills
There is not a life guard on duty; You will be swimming at your own risk
Food in the pools or hot tubs is not allowed at any time
Personal alcoholic beverages are prohibited during hours of operation of the Swim-up Bar
No diving in any of the water features
Water Slide hours of operation may vary – contact the front desk for details
All guests must dry off before entering the building
Grills are available by reservation only at front desk. Please clean area when you are done cooking
No walking up the slide or climbing the stairs when the slide is closed
Indoor pool hours 9 am to Midnight – applicable rules above apply to indoor pool
There is a rental fee of $50 per hour with a 4 hour minimum plus a $75 cleaning fee for a normal cleaning, additional charges may apply if extra cleaning is required. For each additional hour of use, there is a $50 fee. A $350 deposit is required. Reservations may be made and paid for at the front desk
Sign out & in all Game-on equipment at the front desk. You must be 18 years of age and have an ID. Children under 18 must have an adult present to play pool or have an adult take full responsibility for the pool table and equipment by signing a form at the front desk
Food and beverages are not allowed on the felt top gaming tables
No climbing on any of the machines/equipment
For the welfare of children and as a courtesy to adults using the equipment, children under the age of 16 are not allowed in the fitness center at any time.
Re-rack all free weights. Do not allow the weights on the machines to slam together
As a courtesy to other residents, appropriate attire is required at all times in the fitness center. Shirts, shorts or pants, and athletic shoes must be worn at all times
Hand towels are required- please wipe off equipment after use
Open seating and movies from 7 am to 3 pm. Reservations required through the front desk for 2-3 hour time slots after 3 pm. You are considered a no show after 15 minutes if you do not contact the front desk and you will forfeit your time slot.
Foods are allowed but please make sure to clean up behind yourself.
No downloading programs. Please treat this area as a library- low volume and voices.
Jungle Kids Klub:
Intended usage for young children
Do not leave your child(ren) unattended
The premises of Diamond Beach are under video surveillance and you acknowledge that you and your party will be subject to surveillance while on the premises. Diamond Beach Management reserves the right to inspect all personal property to verify that the above rules are being followed. Diamond Beach Management reserves the right to eject from Diamond Beach anyone who, in its sole discretion, is deemed to be causing a disturbance, engaging in offensive behavior or failing to follow the rules of Diamond Beach Owners Association. Ejection from the property may cause forfeiture of all rental fees.
Thank you for your cooperation and enjoy your stay at Diamond Beach!
–Diamond Beach Management
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