Terms and Conditions
SMOKING FEE: $500.00
LATE CHECK OUT FEE: $50 per 30 minutes. When not approved $100 per 30 minutes. DAMAGE (missing items) FEE: Linens, kitchenware, etc. $25/item. Appliances, furniture, dwellings, larger items. Etc. Cost to replace.
Payment: The Guest agrees to pay a total amount of this rental agreement upon executing of this contract.
The Property is fully furnished and includes: Refrigerator, Range-e, Water Heater, A/C unit, Towels, Sheets, Full Equipped Kitchen (Cutlery, Toaster, Coffee maker, Microwave), bed, dining table, Smart TV, sofa bed, other furniture and fixtures.
Reservation Requirements: The Guest making a reservation must be at least 21 years of age, must be able to show proof of age at any time during the stay, and must agree to the Homeowner’s Terms and Conditions. Which reserves the right to refuse service to any person or party who doesn’t follow the house rules.
Exclusive Use of the Premises/Property: Use of premises is strictly limited to private residential vacation activities only. No part of the property may be used for any kind of trade or business purpose by either the Guest, or family members, or guests. Guest must vacate the property and return it in proper condition and without any property damages to Homeowner. Guest must use all appliances and other technical installations of Property with proper care and diligence. Improper use of appliances and/or damages to these will be charged to Guest. Guest confirms and understands that Property may not and will not be used for any kind of drug dealing activity, drug use and consumption, money laundering operations, organized crime or any illegal activity whatsoever. Guest is not allowed to store/keep/handle on premises of rented Property any dangerous, combustible or explosive items, or materials with such characteristics, or materials which could unreasonably raise the probability, risk or danger of a fire, or materials that are considered dangerous or highly dangerous by the responsible insurance agencies. Guest is obligated to keep the Property secure. At the time of check-in at our office, Homeowner will explain all locks and security installations and proper use; all damages resulting from carelessness or misuse will be charged to Guest. Guest shall maintain the premises in a clean and sanitary condition and not disturb surrounding residents or the peaceful and quiet enjoyment of the premises or surrounding premises. Any damage to the property resulting from the negligent use of the property, improvements thereon, appliances and fixtures shall be charge to Guest.
No Parties Policy: We have a NO PARTIES policy. House parties are not allowed and will not be tolerated at any time and any violation will subject all guests to removal, without refund.
Vacating: At the expiration of this agreement or any extension, Guest shall peaceably surrender the premises and turn in all keys and other property owned by Homeowner leaving the premises in good, clean condition, excluding ordinary wear and tear. The Guest’s obligation to observe and perform the Lease covenants shall survive the expiration or any other termination of the term of this Agreement.
Cameras: Be aware of recording cameras in the pool area and surrounding areas for safety and security reasons such as the entrance of the property and the backyard. The entrances of the home are protected by video surveillance as well as inside the front entrance. We do not have cameras inside the house or private areas.
Default by Guest: The obligations set forth on Exhibit “A” (“House Rules”) of this Agreement are required to be met by the Guest, and are conditions precedent which must be satisfied in full by the Guest. If the Guest cancels without proper notice, or fails to make any payment or fails to perform any condition precedent as required by this Agreement, then the Guest will be in breach of this Agreement and the Homeowner will have no further obligations under this Agreement. In any of these events the Guest will forfeit any Deposit already paid to the Homeowner.
Force Majeure: Neither Party shall be held liable or responsible to the other Party or be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any term of this Agreement when such failure or delay is caused by or results from causes beyond the reasonable control of the non-performing Party, including fires, floods, earthquakes, embargoes, shortages, epidemics, quarantines, war, acts of war (whether war be declared or not), acts of terrorism, insurrections, riots, civil commotion, strikes, lockouts or other labor disturbances, acts of God or acts, omissions or delays in acting by any governmental authority or Covid-19. In any of these events the Guest will forfeit any Deposit already paid to the Homeowner. In the case that any event under this section occurs the parties agrees to re-schedule a new dates of rental for this Agreement.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Sole and proper venue, for the purposes of this Agreement, shall be considered Miami-Dade County in the State of Florida. Each Party consents to personal jurisdiction, subject matter jurisdiction, and venue in Miami-Dade County, Florida. The parties hereby waive any right each may have to the defense of forum non-conveniens.
Counterparts: This Agreement may be executed in counterparts. It shall be effective once executed by all Parties. Each original, scan, photograph, or facsimile of an original shall be deemed an original and all such counterparts together will constitute a single agreement.
Mutual Negotiations: This Agreement was created through mutual negotiations with each Party having consulted with, or having had the opportunity to consult with, counsel. As such, the doctrine of contra proferentem shall not apply against any Party to this Agreement.
Entire Agreement: This Agreement sets forth the entire understanding and agreement of the Parties with respect to the subject matter of this Agreement and supersedes all previous understandings, written or oral, relating to the subject matter of this Agreement.
Non-Waiver: No waiver of any provision of this Agreement shall be valid unless in writing and signed by the Party against whom it is sought to be enforced.
Written Amendments Only: This Agreement may be amended, modified, or supplemented only by a written instrument signed by the Parties.
Savings Clause: If any one or more sections, clauses, sentences or parts of this Agreement shall for any reason be questioned in any court and shall be adjudged unconstitutional, inequitable, in violation of public policy, unenforceable, invalid or illegal, the remaining terms and provisions shall remain valid and enforceable.
Attorney’s Fees: In the event any Party to this Agreement shall be required to enforce this Agreement through litigation or otherwise, the prevailing Party shall be entitled to recover from the non-prevailing Party all reasonable attorney’s fees and costs incurred in connection with such enforcement including during presuit, in litigation, in mediation, in arbitration, at all appellate levels, in bankruptcy, and for the collection and enforcement of any judgment. This includes all attorney’s fees and costs for litigating entitlement to attorney’s fees and costs and determining the amount of recoverable attorneys’ fees and costs and also travel time.
Confidentiality: The Parties expressly understand and agree that this Agreement and its contents (including, but not limited to, the fact of payment and the amounts to be paid hereunder) shall remain CONFIDENTIAL and shall not be disclosed to any third party whatsoever, except the Parties’ counsel, and except as required by law or order of court.
INDEMNIFICATION: Guest agrees to reimburse Homeowner. upon demand in the amount of the loss, property damage, or cost of repairs or service (including plumbing trouble) caused by negligence or improper use by Guest or by the family, guests, or housekeeping hires of Guest. Guest at all times, will indemnify and hold harmless Homeowner from all losses, damages, liabilities and expenses which can be claimed against Homeowner for any injuries or damages to the person or property of any persons, caused by the acts, omissions, neglect or fault of Guest, or the agents, family or guests of Guest, or arising from the failure of Guest or the agents, family or guests of Guest to comply with any applicable laws, statutes, ordinances or regulations.
Liability: LP FAMILY RENT, INC is privately owned and neither the owners or the management team accept any responsibility or liability whatsoever for but not limited to personal injury, accidents, loss or damage to personal effects or vehicles during the stay or after departure, or alterations to the terms of this reservation caused by events beyond our control; this includes but is not limited to: war, civil commotion, flight delays or cancellations, adverse weather conditions, fire or flood. Guests should exercise caution when using showers, bathrooms, bathtub, pool, kitchen, grill, appliances and walkway. LP FAMILY RENT, INC accepts no reasonability for any personal loss, injury or illness, and shall not be held liable for the personal safety of the Guest. LP FAMILY RENT, INC does not accept liability for equipment failure and/or services on the Property. In the event of failure of equipment, the Guest must notify the Homeowner within 24 hours, so that the host, cohost or management team may elect to rectify the failure. LP FAMILY RENT, INC does not accept liability for the lost or stolen personal property of the Guest within the Property during the rental period. If property of the Guest is lost or stolen, the Guest should advise the appropriate authority first, and then contact the host LP FAMILY RENT, INC to report the lost or stolen items. The Guest must ensure that children are always supervised. It is the policy of LP FAMILY RENT, INC that all children under the age of 18 years old are not left in the rental home unsupervised at any time during the rental period. Games, toys, pool, jacuzzi, baby furniture/equipment, strollers and cribs are all used at the Guest’s own risk. We cannot accept any liability for the failure of public supplies such as water, electricity, BBQ gas, telephone, TV or internet supplies. Nor for the consequences of the actions or omissions of persons who may supply or control main services, or any action taken in the vicinity of the property reserved, by any authority or persons over which we have no control.
We cannot accept any liability for the air conditioning system, the pool heater or any household appliance breaking down.
We will do our best to rectify any problem as soon as reasonably possible. The use of the BBQ grill, firepit, iron, hair iron, hair dryers and candles are at the Guests’ own risk and LP FAMILY RENT, INCcannot accept any responsibility for injury of any kind that may arise from the use of BBQ grill, firepit or any of the articles described above. The Guest takes full responsibility for the connection of gas bottles. Guests should also remember to keep children away from the BBQ grill, firepit and candles, whether in use or not and other electric articles such as irons, cooktop, oven, hair dryer, etc. LP FAMILY RENT, INC does not take any liability or responsibility whatsoever for the consumption of food, drinks, snacks, or any other courtesy left at the house for guests to enjoy, such us coffee, coffeemate, tea, popcorn, sugar, salt, vinegar, oil, seasonings, cereal, rice, beans, marshmallows, chips, cookies, crackers, chocolate, milk, water, candies, grits, soft drinks, wine, beer, ketchup, mayonnaise, mustard, honey, eggs, etc. Guests should always check the expiration date and ingredients on the eatable and drinkable articles provided. LP FAMILY RENT, INC cannot accept liability nor responsibility for food poisoning, allergies or other conditions due to the consumption of food or drinks left at the home for the guests. LP FAMILY RENT, INC does not accept any liability nor responsibility for the use of articles left for guests to enjoy at the house such as beauty face masks, bath bombs, bath salts, bath petals and other courtesies left by the host for guests to enjoy at the jacuzzi, the use of these courtesies are at the guests’ s own risk. We reserve the right to enter the premises at any time for whatever reason needed without prior notification. This includes authorized workers such as maintenance crew, gardeners, pest control contractors, etc. We’ll do our best attempt to notify you first. We accept no liability for any loss or damage that may result from the legal and reasonable exercising of such rights.
EXHIBIT A
HOUSE RULES
A. General Rules and Regulations. The following House Rules/Rules and Regulations govern the use of the Premises. Guest will be bound by such rules and regulations and agrees to cause Guest’s authorized users and invitees to observe the same.
Guest will not obstruct any sidewalks, halls, passages, exits, entrances or stairways of the Premises.
Guest will be responsible for all persons for whom it requests passes and will be liable to Landlord for all acts of such persons.
Guest shall maintain the Premises free from rodents, insects, and other pests.
Guest will not use any method of heating or air conditioning other than that supplied by Homeowner.
Guest will not waste electricity, water or air-conditioning and agrees to cooperate fully with Homeowner to assure the most effective operation of the Premise’s heating and air-conditioning and to comply with any governmental energy-saving rules, laws or regulations of which Guest has actual notice, and will refrain from attempting to adjust controls.
Guest will close and lock the doors of its Premises and entirely shut off all water faucets or other water apparatus, and lighting or gas before Guest leave the Premises. Guest will be responsible for any damage or injuries sustained by other Guests or occupants of the Premises or by Homeowner for noncompliance with this rule.
The toilet, wash bowls and other apparatus will not be used for any purpose other than that for which they were constructed and no foreign substance of any kind whatsoever shall be thrown therein. The expense of any breakage, stoppage or damage resulting from any violation of this rule will be borne by the Guest who break this rule. Cleaning of equipment of any type in the toilet rooms is prohibited.
Smoking is prohibited in the Premises. Guest and any of its invitees and guest who desire to smoke, may smoke only within outside smoking areas.
These House Rules/Rules and Regulation are in addition to, and will not be construed to or in any way modify or amend, in whole or in part, the terms, covenants, agreements and conditions of the Lease. Homeowner may waive any one or more of these Rules and Regulations for the benefit of Guest or any other Guest, but no such waiver by Homeowner will be construed as a waiver of such Rules and Regulations in favor of Guest or any other Guest, nor prevent Homeowner from thereafter enforcing any such Rules and Regulations against any or all of the Guests of the Premises.
No firearms or fireworks will be discharged on the premises/property. Guests are prohibited from trespassing on neighboring properties unless specifically invited and must avoid disturbing neighboring property owners by keeping music, voices, and any other noise to a reasonable level.
Illegal activities are not allowed on the premises/property. Suspicious activity will be reported to the local police. Only registered guests are allowed on property unless prior approval.
No Smoking: NO SMOKING is permitted inside the premises or when any doors are open. If Homeowner detect guests have been smoking inside the house, there will be a $500 fine. The only smoking area is in the backyard, away from the house, trees, firepit, fence etc. Please dispose of cigarette butts in the proper location, there are garbage bins provided at the patio, make sure the cigarette is completely turned off when dispose it. Again a $500.00 fee will be charged to the credit card on file for any evidence of smoking inside and a clean-up fee may apply for improper disposal of cigarettes etc.
Left Items: Homeowner is not responsible for any items left in the home after departure. Please notify us of any left item and we will make every attempt to locate it and return it to you. If any personal items have been left by the guest, it is the responsibility of the guest to pay a $13.00 service fee and all costs from the packaging and shipping of those items should the guest request the items be returned to them. We do not accept responsibility for any loss or damage to items that may occur during the transportation or shipping process.
Water Access and Safety: You’re taking full responsibility for the safety and well-being of yourself and all guests on property during the rental period. If any kid can’t swim all doors should remain closed, locked and children must be supervised at ALL times, especially when outdoors. All doors and windows opening to the pool have safety alarms for children’s protection, it’s prohibited to take these off, we’re aware they are a little annoying, but it’s required by law for your kid’s protection. Please be aware of the depth of the pool. Children can’t be alone in the pool area; they must be in the company of adults, and they must always have their life jackets on if they don’t know how to swim.
Right of Entry: It is not our desire to disturb guests during their stay. However, situations may occur that require entry to the property. Homeowner reserves the right to enter the property at any time to investigate disturbances, check occupancy, check damages, or make repairs, alterations, or improvements, as we deem necessary. Homeowner will do the best attempt to notify Guest first.
Basic Supplies: Homeowner provide enough basic supplies for the first 1 or 2 days of stay, paper towels, soap, toilet paper, etc. That way each guest has the opportunity to bring or buy the brand of their preference. Homeowner is not overstocking personal care products from customer to customer. Laundry soap in the laundry room is not included in the reservation supplies.
TV and Cable: For your enjoyment, the unit is equipped with a Smart TV. You can sign in to the
streaming service of your choice. Homeowner DO NOT PROVIDE CABLE TV. Guests are responsible for signing out of any streaming service you signed in while visiting. Homeowner will not sign customers out of the services.
The rental party shall consist of Guest and any additional person stated at booking time or afterwards via modification.
The capacity of the Premises/House: The total number of persons allowed in the houses at any one time is restricted to the number of persons scheduled and paid for in the reservation. The presence of additional guests will subject Guest to immediate eviction and forfeiture rent. Parties and events are not permitted in the Premises.
Drugs and Hazardous Materials: The Guest, Guest’s family members, visitors, guests and other members of such Guest’s group are strictly prohibited from using or bringing onto the Premises any illegal substances, flammable fluids, explosives or other items deemed hazardous to life, limb or Premises, as determined by Owner, any party designated by Owner or Owner’s representatives.
Student Groups Are Not Permitted: Students unaccompanied by a parent will not be permitted to register. Any reservation obtained under false pretense will be subject to forfeiture of all monies prepaid and the party will not be permitted to occupy the premises.
Baby Cribs: Guest acknowledges that baby cribs are not provided in the Property.