Terms and Conditions/Terms of Use
By using or accessing amzgetaways.com (operated by Amz Getaways, LLC., and referred to herein as the “Site”) you acknowledge that you agree to and are subject to the following terms and conditions (the “ Terms ”) as well as our Privacy Policy. If you do not fully agree to these Terms, you are not authorized to access or otherwise use the Site. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and Amz Getaways, LLC. (“Amz Getaways”, “we”, “us” or “our”). If you use any other Amz site, you also agree to be bound by the separate Terms and Conditions of that site, which may have additional or other terms. You are not authorized to use this Site unless you are able to enter into legally binding contracts. Further, in some cases, we and a user may enter into a separate written agreement or contract providing additional terms and conditions of such user’s use of this Site and incorporating these Terms by reference.
1. Limited License to Use the Site. Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site all in accordance with these Terms. Any use of the Site that is not in accordance with these Terms or as otherwise authorized by us in writing is expressly prohibited.
2. Unauthorized Uses of the Site. The license to use the site granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engines” do not include a website or search engine or other services that provides classified listings or property rental advertisements, or any subset of the same or which is in the business of providing vacation property rental services or other services that compete with us.
Unauthorized uses of the Site also include, without limitation, those listed below. You agree not to do any of the following unless otherwise previously authorized by us in writing:
Any commercial use (other than by members) of the Site or any content on the Site; Any use of the Site or the tools and services on the Site for the purpose of booking or soliciting a rental for a property other than a property listed under a valid listing; Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever; Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site; Modify, translate into any language or computer language, or create derivative works from, any content or any part of the Site; Reverse engineer any part of the Site; Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties; Use any robot, spider, scraper, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site; Use the Site and its inquiry functionality other than to advertise and/or research vacation rentals and to make legitimate inquiries to our staff; Use the Site or post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability; Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; orUse or access the Site in any way that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Site or any other system used by us or the Site.
If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by sending an email to legal@amzgetaways.com
3. Proprietary Rights and Downloading of Information from the Site. The Site and all content on the Site are protected by copyright as a collective work and/or compilation, pursuant to applicable U.S. and international copyright laws and conventions and database rights You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site for other than for your personal, non-commercial use is expressly prohibited without prior written permission from us.
As part of the rental inquiry process, for your own personal, non-commercial use and not for further distribution, you may download, display, and/or print one copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form “© 2008 – [present year] Amzgetaways.com – All Rights Reserved”, in the form displayed on the relevant portion(s) of the Site that you desire to download, display or print.
4. Your E-mail Address and Our Privacy Policy; Data Transmittal. When you provide your e-mail address to us in connection with any service or tool provided on the Site, you agree to allow the Site and its affiliated websites to add your e-mail address to our database of users. You may receive one or more promotional e-mails from either the Site or its affiliated websites. You are welcome to opt not to receive such promotional e-mails from the Site or its affiliates’ websites at any time. Please review our Privacy Party for more information regarding our information collection practices and safeguards, and how to opt not to receive such emails. Your use of the Site signifies your acknowledgment of an agreement with our Privacy Policy. Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United States.
5. Identity Verification. User verification on the Internet is difficult and we cannot and do not confirm each user’s purported identity. We encourage you to communicate directly with staff through the tools available on the Site. You agree to (i) keep your password and online ID secure and strictly confidential, providing it only to authorized users of your account, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your online ID and password. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account, even those transactions that are fraudulent or that you did not intend or want to perform.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER THE SITE NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S PASSWORD THAT OCCURS BEFORE SUCH USER HAS NOTIFIED US OF POSSIBLE UNAUTHORIZED USE OF SUCH PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE SITE AND OTHER USERS. Further, we may, without notice to you, suspend or cancel your account at any time even without receiving notice from you if we suspect, in our sole discretion, that your password is being used in an unauthorized or fraudulent manner.
6. Responsibility for User-Contributed Content. We have no duty to pre-screen content posted on the Site by members, travelers or other users (including, without limitation, reviews of our guest book entries for any particular rental property), (collectively, “user-contributed content”) and we are not responsible for user-contributed content. We do, however, reserve the right to decline to permit the posting on the Site of or to remove from the Site, any user-contributed content that fails to meet our content requirements or if it otherwise violates these Terms. We may also remove user-contributed content if it is brought to our attention, such as by notice is given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached in respect of such content.
All property listings on the Site are submitted by the staff and are the sole responsibility of the staff. We reserve the right to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request if we determine, in our sole discretion, that we are required to respond to, or if it would be in our interests to, respond to such request.
7. Notification of Infringement; DMCA Policy. We respect the intellectual property rights of others, and Amz Getaways does not permit, condone, or tolerate the posting of any content on the Site that infringes any person’s copyright. Amz Getaways will terminate, in appropriate circumstances, a member or traveler who is the source of repeat infringements of copyright. Should you become aware of or suspect any copyright infringement on this Site, please refer to our legal@amzgetaways.com
8. Unsolicited Ideas and Feedback. Unsolicited Ideas: From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We do not solicit such ideas or suggestions and are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works (“submissions”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions. If you provide any submissions to us, you agree that: (1) your submission and its contents will automatically become the property of Amz Getaways, without any compensation to you; (2) Amz Getaways may use or redistribute any such submission and its contents for any purpose and in any way; (3) there is no obligation for Amz Getaways to review any submission; and (4) there is no obligation to keep any submission confidential. Feedback on our Business: We welcome your feedback regarding many areas of our business. If you want to send us your feedback, we simply request that you send it to us, from the many other listed areas for your feedback. Please provide only specific feedback on our websites and services. Keep in mind that we assume no obligation to keep any feedback you provide confidentially and we reserve the right to use or disclose such information in any manner.
9. Links to Third Party Sites. This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
10. Limitation of Liability. IN NO EVENT WILL THE SITE, OUR PARENT (AMZ GETAWAYS, LLC.), SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND/OR EMPLOYEES (COLLECTIVELY, THE “AMZ GETAWAYS ORGANIZATION”) BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE RELATED TO THE BUSINESS WE OPERATE ON THE SITE BY YOU OR ANY THIRD PARTY AND/OR (E) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US OR ANOTHER USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE AMZ GETAWAYS ORGANIZATION, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE NUMBER OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
11. Disclaimers. THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR ANOTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE.
12. Release; Indemnification. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT), YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITE AND ANY MEMBER OF THE AMZ GETAWAYS ORGANIZATION, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You hereby agree to indemnify, defend and hold the Site and any member of the Amz Getaways Organization (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of the site OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), any CONTENT POSTED BY YOU OR OTHER USERS of Your account TO THE SITE OR ANY breach by you of these Terms or the representations, warranties, and covenants made by you herein, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not, in any event, settle any matter without our written consent.
13. Choice of Law and Forum; Time Limit. Any and all services and rights of use hereunder are PERFORMED, performable and/or sold in the State of Texas, United States of America, and you irrevocably agree that any cause of action you may submit in connection with your use of the Site or pursuant to these Terms will be filed in Comal County, Texas which YOU ACKNOWLEDGE AND AGREE will be the EXCLUSIVE FORUM AND venue FOR any legal dispute BETWEEN YOU AND US. You also agree that any dispute BETWEEN YOU AND US will be governed by the laws of the State of Texas, WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES.
ANY CAUSE OF ACTION YOU MAY HAVE HEREUNDER OR WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED BY FILING SUIT IN COMAL COUNTY, TEXAS, WITHIN ONE (1) YEAR AFTER THE INCIDENT UPON WHICH THE CLAIM OR CAUSE OF ACTION IS BASED FIRST OCCURRED.
14. General No Agency: Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site. Notices: Except as explicitly stated otherwise, any notices to us shall be given by email to legal@amzgetaways.com or by postal mail to Amz Getaways, LLC, Attn: Legal Department, 18382 FM 306, Suite 103, Canyon Lake, Texas 78133
When we need to send you to notice, it will be sent to the email address you provide to the Site during the registration process or as later updated in your account (if applicable). The notice shall be deemed given upon receipt or 24 hours after an email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any address provided to us during the registration process or as later updated in your account (if applicable). In such case, notice shall be deemed given three days after the date of mailing. Changes to the Site or these Terms and Conditions: We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or all of the Site without notice or liability.
This version of the Terms became effective on February 14th, 2019. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time, with or without your consent, and you acknowledge and agree that your consent to any such amendment is not required in the event the proposed amendment is clerical and/or non-substantive in nature. Notification of any amendment will be posted on the Site and will be effective immediately. If you disagree with any non-clerical and/or substantive amendment to these Terms, then (i) your sole remedy as a traveler is to discontinue your use of the Site in which case your use of the Site will continue to be governed by the terms and conditions that were applicable to your use of the Site during the then current term of your subscription as the same were in effect immediately prior to the proposed amendment and you agree that you are responsible for keeping a copy of such terms. When members renew subscriptions, the terms in effect at the time of renewal will govern unless and until any other revisions are made as described above.
We also reserve the right, in our sole discretion and from time to time, to offer special programs with unique terms and conditions that are separate from and may supersede in certain respects these Terms (for example, our Rent With Confidence Guarantee), the applicability of which to your use of the Site is governed by the terms and conditions of such special program. Your Record of These Terms: We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.
Enforcement of These Terms: We may immediately terminate any user’s access to or use of the Site due to such user’s breach of these Terms or any other unauthorized use of the Site. However, we do not guarantee that we will take action against all breaches of these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach. Any action or inaction by us in response to any breach of these Terms does not limit our rights with respect to actions we may take in response to any other similar or different type of breach. Entire Agreement, Headings and Severability: These Terms constitute the entire agreement between us and you with respect to the matters set forth herein, and supersede any prior agreement between us and you with respect to your use of the Site. Headings in these Terms are for reference only and do not limit the scope or extent of such section. If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
Assignment: We may assign these Terms in our sole discretion. Users must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion. By submitting a photograph either electronically through the Site or by mailing a paper photograph to our offices, the member represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that many people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the Site and any member of the Amz Getaways Organization from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted.
15. Hypertext Links. We reserve the right to refuse hypertext links to, or addresses of, other websites from users pages, and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.
16. Guest Books/Property Reviews. Any entries in the guest book or property review section of any listing must be genuine comments from guests who have stayed at the property advertised. The e-mail address(es) of the guest(s) whose comments are given must be supplied by a member to us upon our request. All content submitted in reviews must meet our Content Guidelines.
Below is a copy of our Rental Agreement which you fully understand and agree to abide by using our site.
A completed “Vacation Rental Agreement” is required within 24-hours to hold your reservation. The Rental Deposit is due upon receipt. Review and acceptance of the Amz Getaways Terms & Conditions which is made part of this rental agreement is required before a confirmation will be issued.
VACATION RENTAL AGREEMENT
Please read your Vacation Rental Agreement carefully before you begin your vacation. This agreement is between the Guest and Amz Getaways, LLC agent to rent for the Owner. The following conditions apply to this agreement. I ____________________________agree to rent _________________________________for the total amount of ____________________ from ______________ to ________________.
Amz Getaways offers online vacation rentals for Canyon Lake, and the surrounding area, travel information and a guide to local businesses and service providers. Amz Getaways rents to responsible parties 25 years, or older. A valid State Driver’s License or other acceptable photo identification is required prior to arrival. Amz Getaways reserves the right to refuse service. No Wedding parties, Pre-Wedding parties or large groups permitted unless authorized by Amz Getaways prior to the rental if permitted subject to an event fee (Amz determines event fee).
For legal and accounting purposes, the person placing the reservation must be the same as the credit/debit card holder. This person is considered to be the Guest. All other persons involved with the rental are considered to be the Guest’s invitees, and all discussion regarding reservation, cancellation, and damage policies will be discussed with the Guest, not the Guest’s invitees. Guests and all persons occupying agree to binding arbitration if any claim arises from the rental. If a dispute cannot be agreed upon both and all parties shall be equally responsible for its own attorney’s fee. By signing the release all parties understand and have signed without any advice, recommendation, and/or inducement from Amz Getaways, inc, its managed property owners, or employees. You and all persons in your party also agree before, during, and after the rental period; to release ,acquit and discharge Amz Getaways, Inc., its managed property owners, and all employees from any claims, demands, charges, court cost, including attorney’s fees and causes of action of whatever nature and all liability and damages of any kind. It is further understood that the property you are renting contains inherently dangerous natural conditions including but not limited to wild animals, and insects (hogs, deer, turkey, and other wildlife) associated with the location. By signing this document, you understand and freely agree that you are responsible to inform your entire party and guests that the owner, leasing agents, and their agents accept no responsibility for any accident, injury, or death that occurs on the premises. Please take extra precautions to protect the safety of your party and children while on the premises.
CHECK-IN TIME IS AFTER 4 P.M. CST. Plan to arrive no earlier than 4:00 PM. Do not use the unit or premises before this time. WE MAKE EVERY EFFORT TO ENSURE YOUR UNIT IS READY AT 4:00 PM BUT WE CANNOT GUARANTEE. If the property is available and ready for rental prior to 4:00 pm, an early check-in will be allowed. Guest understands that keys and key codes will only be given to the person who signed the contract unless prior arrangements have been made. In the event of unforeseen circumstances, we reserve the right to move guests to another property of comparable size and costs at no extra charge to the guest. The guests must comply with the maximum number of guests allowed per property. Amz Getaways, Inc has the right to inspect the number of people in your party. Checking in early may cause homes security alarms to alert us, and police dispatch. People violating the check-in times may be subject to false alarm fees associated with arriving before the alarms have been disarmed. Alarms are in place for the protection of our properties, guests, and owners.
CHECK OUT IS 11 A.M. CST. Check out time is 11:00 am. We will charge your credit card $100.00 beginning at 11:30 am. Anything-past 1:30 pm you will be charged an additional full one-night rate of the rental in which you are staying. Remember, we have guests checking in after you. If your rental is a “turnover”, your credit card will be charged a full one-night rate at 11:30 am.
SMOKING IN A PROPERTY OR UNAUTHORIZED RENTER WILL RESULT IN A $500 FINE. Fees will be charged to the authorized credit card. All Vacation Rentals Properties are non-smoking anywhere on the premises. Violation of this requirement will result in a $325.00 reservation fee being assessed. An additional $100.00 grounds cleaning fee will be charged, for cigarettes, beer bottles, beer cans, coke cans, or items from your stay found on the property after your visit. (Please pick up your trash; do not throw it in bushes or over the balconies) All trash must be in bags, debris left around the exterior of property grounds by Guest.
PETS: Pets are permitted in certain rentals only with prior approval. Tenants/guest found in violation of this will be charged a $300.00 pet fee, and applicable cleaning fees associated with the infraction, extreme cases may be cause for eviction, certain condos don’t allow pets, and will have tenants/guest removed from premises. All pets must be on leashes at all times. Pet owners are responsible for cleaning up of any/all pet refuse or a $100.00 fee will be assessed. Pets are not allowed on furniture at any time. Any evidence of pets on furniture may incur extra cleaning fees. All pets must be up to date on rabies vaccinations and all other vaccinations. Heartworm preventive is highly recommended. All pets are to be treated with Advantage or similar topical flea and tick repellent three (3) days prior to arrival. All items above are the sole responsibility of the pet owner. The property, and Amz Getaways, Inc., owners assume no responsibility for illness or injury that may incur to pets or humans while on the premises. Under Amz’s Policies livestock, poultry, swine, felines, etc, are not allowed, and subject to the pet fee described herein.
DAMAGE POLICY: Every reservation requires a non-refundable $69 damage protection policy (“Vacation Rental Damage Plan”). This Vacation Rental Damage plan covers unintentional damages to the rental unit interior that occur during your stay, provided they are disclosed to management prior to check out and the terms of the policy are met. The policy will pay a maximum benefit of $2500. Any damages that exceed $2500 will be charged to the credit card on file. If you damage the real or personal property assigned to your rental accommodation during the trip, the Insurer will reimburse the lesser of the cost of repairs or replacement of the property, up to $2500. Terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage (www.amzgetaways.com).
As a condition to the rental of all Vacation Properties, Amz Getaways reserves the right to charge the Guest’s credit card for any and all uncovered Guest/Invitee caused losses and damages sustained to the Vacation Property throughout the duration of their period of occupancy, and this agreement supersedes any credit card reversals, chargebacks, or disputes initiated by guest or individuals staying with guest. In the event of any uncovered Guest/Invitee-caused loss or damage to the Vacation Property, including, but not limited to, undue cleaning, eviction, service calls, service charges, fines/assessments, repairs or replacements, plus all applicable taxes, Amz Getaways is hereby granted the right to charge the Guest’s credit card. By written or electronic endorsement of this Agreement, the Guest hereby agrees to pay for all such charges, as defined above and on the proceeding pages. If damages occur, the Guest will be required to pay for an additional cost with the credit card on file. Guest also agrees to pay a $30 excessive trash fee if trash is left on the property. Excessive trash is any trash not bagged and left in the trash receptacle that requires it be hauled away. All fees will be charged to your card on file is declined you will be sent an invoice due on receipt. {{initial}}
PAYMENT: The BALANCE OF RENT is due thirty (30) days before your arrival date, and will be automatically charged to the card used at the time of reservation. Credit cards may be subject to a booking fee on the total amount due. We do accept checks in the mail, but arrangements must be made.
GLITTER AND CONFETTI ARE NOT ALLOWED AT ANY PROPERTY, INSIDE OR OUTSIDE. Please do not pour grease down the drain.
LINENS & TOWELS: Bath towels, sheets, pillows, and blankets are provided. We do not provide any linens or towels for outdoor use. DO NOT take the property’s linens or towels outside. Bring items with you that you may need for hot tub use, sunbathing, or smoking outside. Extra sheets and towels are provided if you are staying longer than a week(otherwise one set per guest are provided where laundry facilities are available). Guest agrees to a $25 fee if any linen or towel is unusable in the property after it has been properly laundered.
CANCELLATION POLICY: Cancellations are effective on the date is written notice is received by fax or e-mail in our office with the understanding of the cancellation fee. If a refund is applicable, refund payment will be processed within two weeks of cancellation notice and will be in the form of US Check or refund to credit card account to be determined by Amz Getaways.
The following assessments will apply to cancellations:
Cancellation 15+ days prior to arrival date will result in the forfeit $500
Cancellation 14 days or less prior to arrival date will result in the forfeit of 100% of Total Rent.
There are no special circumstances involved in the cancellation process. Reservations are not contingent upon availability or conditions of the water, weather, or recreational facilities, including but not limited to the Comal, Guadalupe River, San Marcos River, Insects, wildlife, or Schlitterbahn. There will be NO REFUNDS for shortened stays. Cancellation or early departure does not warrant any refund of rent. There will not be a refund if you shorten your stay for any reason.
CANCELLATION PROTECTION PLAN: This section is only applicable to guests who paid for Amz Getaways Cancellation Protection Plan. If guests did not purchase the cancellation protection plan, guests need to refer to the above cancellation policy. Amz Getaways Cancellation Protection Plan has many benefits with the ability to cancel your trip when you purchase the protection plan at the time of booking.
Cost: 6.0% of Total reservation
Guest can cancel anytime prior to 5 days before arrival and receive 100% of reservation total back less the cancellation protection plan fee. Cancellations 5 days or less before arrival with proof of purchase of cancellation protection plan at the time of booking (or within 3 days of booking) can receive 75% of reservation total paid less the cancellation protection plan. Some reasons include:
Guest changes their mind and decides not to go on their trip.
A major work-related obligation arises that a guest must attend.
A child has an unplanned can’t-miss sporting event.
Guest has a problem with their passport or travel visa.
The family pet is sick and guest can’t be away.
And, many other unforeseen situations that could arise.
NEIGHBORS: Tenants and/or their guests shall not disturb, annoy, endanger, or inconvenience neighbors, nor use the premises for any immoral or unlawful purposes, nor violate any law or ordinance, nor commit waste or nuisance on or about the premises. Guest assures us that the tenants will observe all conditions and terms of this agreement as to maintaining the rental in good order and appearance and will conduct themselves in a manner inoffensive to neighbors.
OCCUPANCY: The Guest agrees not to exceed the occupancy allowed by this property as described in this Rental Agreement (babies in cribs are not included). Guest agrees to pay $40 per person, per night for guests over the amount stated in the rental agreement or discovered after the stay. Amz Getaways does not rent to ANYONE UNDER THE AGE OF 25, and all persons must verify Identification by submitting a photo ID with this agreement. The penalty for violation of this Agreement will result in the immediate termination of the rental agreement with no refund for any remaining nights. Any reservation obtained under false pretense will be subject to forfeiture of advance payment, and/or rental money, and the party will not be permitted to check in, as well as notifying the authorities of such actions.
QUIET TIMES: Guest and all tenants agree to observe quiet time from 12:00 am to 8:00 am, not limited too but to include any loud music, shouting, or other actions that would violate the noise ordinances in the respective counties, cities, or governing municipalities.
SEPTIC TANKS: Please do not put paper towels, feminine hygiene items, diapers, grease, chemicals, or other harsh items in the toilets or drains due to septic system requirements, also see parking restrictions.
NO DAILY MAID SERVICE: While linens and bath towels are included in the rentals, daily maid service is not included in the rental rate, however, is available at an additional rate. We require you to bring your own beach/outdoor towels. We do not permit towels or linens to be taken from the rentals.
PERSONAL PROPERTY/VALUABLES: Lock all doors when you leave your accommodations. Do not leave money or valuables unattended. Neither Agent nor Owner will be held liable for any thefts. Thoroughly check all drawers and closets before departing. The agent only returns left behind items upon request at the Guest’s expense which includes a $25.00 USD Fee in addition to the shipping charge.
FIRES/FIRE PITS/FIREWORKS: Campfires are not permitted at any time, regardless if there is a burn ban. Properties with a fire pit are permitted if its contained to the receptacle, no burn ban is active, and when using a fire pit, a charged water hose is to be within 10 ft. The size of the fire should be small enough that embers are not landing outside the fire pit. Wood is NOT provided and woodcutting around the property is not permitted, so bring your own wood with you. Fires must be completely extinguished before going to bed. Fireworks are strictly prohibited at all times. DO NOT LEAVE CAMP FIRES UNATTENDED!
PARKING: Parking is limited to the number of spaces available at respective properties. Vehicles are to be parked in designated parking areas only. Do not park or drive in yards, or through landscaped areas of our properties Amz Getaways will assess a $50 fee/vehicle, and hold renters liable for damage to septics, landscaping, or other property. Parking on the road is not permitted. Any illegally parked cars are subject to towing; applicable fines/ towing fees and is the sole responsibility of the vehicle owner. Septic tanks are used in rural settings often associated with our rentals and are generally placed in the yard around the home. At waterwheel condominiums each unit has one assigned parking spot with the unit number painted on the surface, failure to place parking permit in vehicle or parking in an unauthorized spot will result in your vehicle being towed.
OWNERS CLOSETS AND RESTRICTED AREAS: Within each property, some garages, closets or cabinets may be locked or inaccessible. These are for Owner use only and will not be available for Guest use.
HOT TUBS AND POOL USE & RULES: Use of the hot tubs and pools is strictly at your own risk and liability. Our housekeepers sanitize and replenish chemicals in all hot tubs prior to your arrival. If additional maintenance is required during your stay, or the next guests are unable to use the tub due to conditions resulting from your failure to observe the following rules, there will be a $75 charge (and cost of supplies if necessary) for each hour of required maintenance. Instructions for the tub controls are posted at the hot tub or we will be happy to help you.
1) ALWAYS SHOWER OR BATHE BEFORE AND AFTER USING THE HOT TUB! Body oil, makeup, hair products, etc. clog filters!
2) An adult must always accompany children 12 and under.
3) Observe the safety precautions posted at the tub and have all guests do likewise.
4) Do not sit, stand or lie on the tub cover; a $400 charge will be made if the cover is broken this way.
5) Unhook the safety strap before removing the cover.
6) Replace cover and thermal blanket (where provided) when you are not in the tub and secure the safety strap to conserve heat, for safety, and to keep debris out of the water.
7) If the temperature has been adjusted during use, MAKE SURE to return the temp to the original setting when done.* Failure to reset may cause the hot tub to over-temp & stop working, possibly resulting in additional charges.
8) Use non-breakable drink containers in the tub area.
9) DO NOT ADD ANYTHING TO THE HOT TUB WATER such as bubble bath & oils, even if they say they are compatible.
10) If the water level is low (below the filter intake) add more water or call, as low water can destroy the pump, resulting in additional charges.
11) If the water looks cloudy or dirty, please call.* If it is found that the service is necessary due to Guest abuse, the Guest will be responsible for the charges of $75 minimum.
(*Hot tubs may be drained and refilled before your arrival; therefore, it may not be warm until later that evening. Also, due to the high mineral content in the mountain water at some of our cabins, the hot tub may initially appear cloudy until the minerals settle. If the conditions persist, please call.)
USE: Any use of the dwelling other than residential use during a family vacation must be approved in writing by the Agent. If the dwelling is to be used for any event such as weddings, receptions, “parties” or large gatherings, the Guest agrees to submit a request for approval to the Agent and adhere to the Agent’s determination on that request. If the Agent approves the event, the Guest will be required to pay an “event fee”. The agent determines the “event fee.” If the Guest misrepresents an event (said misrepresentation to be determined by the Agent), the Guest will be charged an event fee and may be asked to vacate the property and will not be entitled to any refund.
STORM POLICY/ROAD CONDITIONS: No refunds will be given for storms. Roads can be curvy and steep. Gravel drives are well maintained, however, we highly recommend four wheel drive and/or suitable vehicles for certain locations. We do not refund due to road conditions or inclement weather including, but not limited to; fires, floods, tornadoes, hurricanes, tropical storms, thunderstorms, snow, ice, blizzards, lake effect snow, drought, heat wave, dust storms, mud storms, or any other condition not contained herein.
INVENTORY: A full inventory has been made of the contents of each property’s contents, and an inspection will be made after your check out. Any damage or missing items will be charged to your credit card. Changes are taking place constantly at our properties, such as contents, bed sizes, prices, and inventory is done after each checkout. Pillows, towels, or other items were taken or switched will incur the retail price being charged to the card on file.
REFUNDS: Amz Getaways, Inc. does not refund money for early departures, availability, conditions of the water, weather, or recreational facilities, including but not limited to the Comal, Guadalupe River, San Marcos River, Insects, wildlife, or Schlitterbahn. There will be NO REFUNDS for shortened stays; you must pay for what is reserved. Amz Getaways, Inc. acts as the agent for the property owners and does not have the authority to refund money to renters for any reason. Please note that as Texas is a southern State, insects such as ants, spiders, caterpillars, gnats, mosquitos, and the like are occasionally inevitable, and are not cause for complaint. The vacation properties are treated periodically as part of a pest and termite control program and are cleaned after each rental.
SAFETY: Safety and security are the sole responsibility of the guests. The owner or its agent assumes no responsibility or liability for the safety or security of the guests, or for the injury caused by the criminal acts of other persons. Guests should ensure that all doors and windows are locked at all times, and guests must immediately notify Amz Getaways, Inc at 866-958-9911 Extension 2 if any locks are inoperative. Guests should turn off any appliances when leaving the premises and not store combustibles on the premises.
AIR CONDITIONING AND REFRIGERATORS: Do not turn A/C units below 72 degrees, this will cause the unit to freeze and you will be charged for the maintenance call, and any repairs directly related to the service call. Do not overload the refrigerators with warm food and drinks and then change the cooling setting. The refrigerator will not be able to cool the items fast enough and you will be charged for the maintenance call, and any repairs directly related to the service call.
FURNITURE: Furniture located at Amz Getaways properties has been set up for optimal usage. Guests are not permitted to move furniture at any Amz Getaways property. Any furniture discovered moved will result in a fee of $50 per hour to place home back to advertised condition with a minimum of $50.
GRILLS: All homes have propane, charcoal or a combination grill. If you are not familiar with proper grilling techniques, please refrain from using them. You will be subject to reimbursing Amz and Owners from any property damage incurred from grilling carelessness or incompetence. With the exception of the propane tank refills, grills are cleaned by you the guest. Guest agrees to pay a $35 fee if the grill is not cleaned prior to departure. For charcoal grills guest must bring their own charcoal, lighter fluid, etc.) Amz will provide refills, or reimburse for propane tank refills if not able to make it out in time.
KAYAKS, CANOES, TUBES, WATERCRAFT, BIKES, AND OTHER OWNER PROVIDED AMENITIES: Some properties provide extra amenities for guest to use. Guest and all occupants understand that any and all provided equipment or amenities are use at own risk. By signing the release all parties understand and have signed without any advice, recommendation, and/or inducement from Amz Getaways, inc, its managed property owners, or employees.
If a rental provides kayaks as a courtesy or rental and is not returned with all paddles, and other provided equipment, guest agrees to pay a $95 fee. If you arrive and paddles are missing upon arrival, please notify Amz promptly.
HOLD HARMLESS: You and all persons in your party also agree before, during, and after the rental period; to release, acquit and discharge Amz Getaways, Inc., its managed property owners, and all employees from any claims, demands, charges, court cost, including attorney’s fees and causes of action of whatever nature and all liability and damages of any kind.
Amz Getaways, LLC
www.AmzGetaways.com
info@AmzGetaways.com
866-958-9911 Phone
866-958-9911 Fax
After signing this page, you must fax a valid state ID to 866-958-9911 or email it to info@amzgetaways.com. You will not be given access to the property without signing this agreement, and emailing a valid state ID of the person or persons matching the credit card information, and signatures given at the time of booking. If reservations were made online you’ve already agreed to our policies, but access is contingent on this being signed and returned with a copy of ID.
In the event, a booking occurs outside of HomeAway/VRBO, or other advertising venues, in which you previously inquired, and we are charged the traveler fee or service fee, you agree to reimburse Amz Getaways the amount charged plus 15% to compensate for these charges.
“I have read the Amz Getaways Rental Agreement and agree to the terms, and hereby authorize my card to be charged for the total stated in this agreement.”
Acknowledgment:
I/we, the undersigned, hereby apply for the above-listed accommodation and warrant that I/we have read, understand and agree to the terms and conditions of this application, and I/we agree to abide by homeowners/agents/association restrictions on the use of said property. I/we further understand and represent that I/we are executing this application on behalf of all parties named on the guest list.
Per Page 1 of this Agreement, it is hereby agreed that unpaid rent, excessive cleaning, damage, lost keys or lock-outs may be charged to this card if necessary.
I agree that this is a legally binding document and I have read all terms and conditions in this document. I authorize Amz Getaways to charge the card I’ve provided for any additional requested rental expenses incurred, and to pay for those damage or excessive cleaning expenses incurred that are not covered for reimbursement under the accidental Protection plan. I also hereby confirm that the number of guests will NOT be more than stated in this agreement at any time and that violation of this policy will result in this credit card being charged maximum occupancy or double the guest fees, whichever is greater.
Guest Signature ____________________________________________
Guest Printed Name _________________________________________
My best contact number during my stay is: _________________________________________
I agree to call for any maintenance or property issues.
I agree to secure the property as I found it, including leaving keys in the lockbox, if applicable.
Please sign to Accept Above Terms and Confirm your Reservation.
We look forward to your visit.
