ZIPSCAPE RENTAL TERMS & CONDITIONS
Version 22.11.09 (Posted November 9, 2022)
Zipscape LLC (“Zipscape”) is a Texas incorporated Limited Liability Company conducting all business activities in the greater Houston metropolitan area. Zipscape facilitates and enables the secure rental transaction between the Renter and the Owner of the Resort unit. Zipscape verifies and guarantees each rental and processes payment from the Renter upon successful confirmation of the reservation.
This Rental Agreement is entered into by and between the Renter and the Resort unit(s) owner or member (“Owner”) for the rental and usage of the Resort unit whereas Zipscape is the intermediary facilitating this rental transaction between the Renter and the Owner subject to the following terms and conditions (all currency amounts are in United States Dollars).
Sections 1 through 3 will provide details of the Renter, Resort Rental Unit Description and the Rental Period and Amounts when this Rental Agreement is executed. The following are the terms and conditions the Renter will be required to accept to enter into this binding Rental Agreement.
Zipscape will provide a secure website link to the Renter to make payment of any remaining balance due of the total agreed-upon rental amount (including the 3.5% administration/transaction fee) and less any applicable reservation request deposit paid by the Renter.
Full payment of the remaining balance is due to Zipscape within 4 days for reservations with check-in date commencing 30 days or more of the Rental Agreement Date or the reservation will be voided and any non-refundable deposit will be forfeited.
Reservations with check-in date commencing within 30 days of the Rental Agreement Date: Full payment of the remaining balance is due to Zipscape immediately upon request or the reservation will be voided and any non-refundable deposit will be forfeited.
All reservations are final once confirmed and payments are non-refundable and the reservation is non-cancelable for any reason including travel restrictions from natural disasters, weather, war, emergencies and declared pandemics. It is up to the Renter to obtain personal travel insurance from a third-party travel insurance provider for applicable coverage.
Zipscape will provide a full refund in circumstances where the Resort is closed and not accepting guests for check-in that coincide with the reservation period that was rented.
5. TAXES AND FEES:
Zipscape charges a 3.5% administration and transaction fee calculated on the listed price and added to the total rental amount due from the Renter.
Certain Resorts and reservations may incur a nominal one-time cleaning/stay fee charged by the Resort directly to Renter at check-out which Renter is responsible for. This fee may range from $0 to $85 and is dependent on the specific Resort and reservation which will be disclosed if there are any applicable fees.
Certain Resorts charge guests a mandatory local or state tourism or occupancy tax which may range from $0 to $30 per night which Renter is responsible for. Renter will need to check directly with the Resort for any applicable local tax requirements which are not included in this Agreement.
Renter will be responsible for any additional fees and/or taxes imposed by the Resort and any costs charged to the unit during the reservation. Renter will be required to provide the Resort a valid credit card in the Renter’s name at check-in to cover the security/damage deposit and any applicable additional taxes and charges to be paid upon check-out.
Upon confirmation and payment, the reservation is non-refundable and non-cancellable. There are no refunds or credits in the event the Renter is unable to use the reservation for any reason, including but not limited to: travel delays, cancellations, restrictions; weather related occurrences; illness; or any unforeseen events and circumstances. It is up to the Renter to obtain personal travel insurance from a third-party travel insurance provider for applicable coverage.
Once the reservation is accepted, confirmed and paid for, it cannot be adjusted or modified as in most cases other dates are likely booked up and not available to be adjusted.
Guest may be able to book additional nights at full price directly through the Resort or if the Owner has availability
Guests can check-in at a later date or check-out at an earlier date during the reservation period without penalty. Please inform the front desk of the resort as applicable.
8. RENTER INFORMATION UPDATE:
Under certain circumstances subject to reason and approval by Zipscape, the Renter may request to change or update the reservation information to someone else who will be checking-in instead of the original person indicated when the reservation was confirmed. There is a $50 fee for any name and information change on the reservation payable by the Renter to Zipscape.
9. CANCELLATION BY THE RESORT OR THE OWNER:
In the event the confirmed and paid reservation subsequently becomes invalid or canceled by the Resort or the Owner due to unforeseen circumstances prior to the reservation period, Zipscape will notify the Renter as soon as this information is known and provide a full refund to the Renter for the amount paid for the reservation back to the original form of payment. Zipscape is not liable for any other consequences or costs incurred by the Renter or the Owner related to the cancellation of the reservation.
The Renter agrees to indemnify and hold harmless Zipscape and the Owner from any impacts and actions taken by the Resort, Renter or Renter’s guests during this reservation.
Zipscape and the Owner will not be held liable or responsible for any disasters, acts of God, war, accident or unforeseen event that may affect the Resort unit, Resort’s operations and this Rental Agreement.
Any interruption of services or amenities at the property, weather related impacts or any other unforeseen events and circumstances during your stay will not void or cancel this agreement.
It is up to the Renter to obtain personal travel insurance from a third-party travel insurance provider for applicable coverage.
11. RESORT RULES AND POLICIES:
Renter accepts responsibility and liability for the stay and use of the Resort property. Renter agrees to abide by all Resort rules and policies including but not limited to:
· Renter must be at least 21 years of age
· Comply with stated maximum occupancy rules
· No pets allowed unless otherwise indicated by the Resort and its service animal policies
· No smoking in the unit
· Resort check-in time starts at 4pm (local time) and check-out is by 10am (local time)
Renter can contact the Resort directly for further details of specific Resort rules in addition to the ones noted above.
12. RESORT UNIT AND VIEW TYPES:
All units at the Resort are managed and maintained by the Resort. Resort units are typically “floating” (rather than “fixed”) meaning the actual unit will be assigned at check-in based on availability taking into account applicable specific view type (e.g., Oceanview) that was reserved by the Owner. The reservation detail will indicate if there is any special view type that is confirmed.
Unit layout, furnishings, amenities, bed configuration and view may vary from the images and floor-plan examples listed on Zipscape.com. Renter can contact the Resort directly with any questions or requests.
View types listed on Zipscape.com are based on the view types offered at the specific resort as defined and designated by the Resort. Renter can contact the resort directly for additional information regarding the view types available. If the reservation does not guarantee a specific view type, the Renter can contact the Resort directly to request a particular building, floor and/or view and the Resort will try to accommodate but there are no guarantees.
13. RESORT CONDITIONS AND AMENITIES:
Zipscape does not monitor, nor does it make any representation regarding the Resort’s conditions, limitations and availability of facilities and amenities.
Resort facilities and amenities are managed by the Resort and beyond the control of Zipscape. Any limitations, closures, or cancellations of (including but not limited to) resort amenities, facilities, public spaces or events do not alter the terms of the agreement.
Renter can contact the resort directly should there be any questions or to get the latest updates.
14. RESORT HOUSEKEEPING:
Daily housekeeping service is not included with your reservation. If you want daily housekeeping service, then please check with the Resort directly to confirm if it is offered for an additional fee which Renter will be responsible for paying. Most resorts provide guests with additional clean towels, soaps/shampoos, bedding during the stay upon request.
15. ENTIRE AGREEMENT, DISPUTES, ARBITRATION, ATTORNEY’S FEES, CLASS ACTION WAIVER, AND RELATED PROVISIONS:
A. These Terms and Conditions, along with Renter’s acceptance via “checked” at the point of sale, constitute the entire agreement between Renter and Zipscape with respect to the reservation and the matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms and Conditions. These Terms and Conditions cannot be amended, supplemented, or in any way changed except by a signed written agreement with Zipscape, and Renter shall not rely on any informal or other communications. Renter agrees to all of these Terms and Conditions by making the reservation, and as such these Terms and Conditions are binding on Renter whether or not Zipscape has signed them.
B. Except as provided in section 15(C) below, all legal proceedings or disputes arising out of or relating in any way to this Agreement or the relationship between Zipscape and Renter, including but not limited to any legal or equitable actions in contract, tort, or otherwise under the law, shall be brought and maintained exclusively in an arbitration proceeding under the then-prevailing rules of the American Arbitration Association, before a single arbitrator who shall be from and located in Fort Bend County, Texas, and said hearing shall occur in Fort Bend County, Texas, provided that if Renter brings an action in court in violation of this arbitration requirement, it shall be brought exclusively in a state or federal court located in Fort Bend County, Texas, and neither Zipscape nor any defendant named therein waives his, her, or its right to petition or compel arbitration or any other rights or remedies.
C. Renter agrees that claims by Zipscape to recover monies from Renter in connection with any reservation may be brought by Zipscape in a state or federal court located in Fort Bend County, Texas or other court of competent jurisdiction, and Renter consents to said court’s personal jurisdiction over Renter.
D. Subject to section 15(F) below, Zipscape shall be entitled to collect its costs, expenses, and attorney’s fees incurred in pursuing a claim for and/or collecting any amount due or found to be due from Renter, whether or not the entire amount claimed is awarded in any legal action or arbitration.
E. Applicable Law: The enforcement and interpretation of these Terms and Conditions, as well as any other legal issues between the parties, shall be governed by Texas law, without regard to any conflicts of laws rules that may require application of another state’s law.
F. Class Action Waiver. THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
G. Renter and Zipscape agree any and all disputes between them shall be maintained and resolved in as professional, courteous, and confidential manner as possible, and neither party shall publicly disparage the other pending resolution of any dispute. Breach of this provision shall preclude a party from any recovery or remedy against the other.
H. If any one of these Terms and Conditions, or any part thereof, is found to be unenforceable in whole or in party, all of the remainder of the Terms and Conditions shall remain enforceable to the fullest extent permissible by law.
16. CONSENT TO COMMUNICATIONS VIA EMAIL
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17. ACCEPTANCE & EXECUTION OF THIS AGREEMENT:
Payments made by the Renter and acceptance of the payments by Zipscape constitute agreement and acceptance of all the terms and conditions of this Rental Agreement by all parties