VACATION RENTAL TERMS AND CONDITIONS
This Vacation Rental Agreement (“Agreement”) describes the Terms and Conditions of the Property Manager (“Licensor”), as agent of the Owner of the Property (“Owner”), who agrees to rent the Unit requested by the “Licensee” or “Guest” booking the reservation at the rate stated on the booking platform beginning and ending on the dates specified in the booking reservation.
This vacation rental agreement is for a fully furnished apartment that includes water, electricity, basic cable, air conditioning, Wi-Fi and access to certain amenities including but not limited to: the pool, beach, gym, and spa. Any additional use charges shall be the sole responsibility of the Licensee. “Premises” shall refer to all common areas which the Owner of the Unit, and in turn the Licensee and its registered guests, may enjoy during the rental, subject to any limitations imposed by this Agreement, the law, or any applicable rules or regulations. Please note that, if necessary, Licensor may access the Unit to service the Unit or for repair purposes during Licensee’s stay and will provide reasonable notice to the extent possible.
Licensee acknowledges that although its rental unit may be located within, or physically connected to a hotel, Licensee is renting a privately-owned unit which is not owned, operated, or otherwise endorsed, sponsored, or affiliated with said hotel.
The booking charges in the amount due as stated in the reservation acceptance, including the checkout cleaning fee and all applicable taxes, are due according to the payment schedule specified on the booking platform acceptance agreement.
The 1 Hotel charges a $35.00 (plus tax) daily resort fee paid directly to hotel upon arrival.
The amount due as stated in the reservation acceptance, including the booking charges and all applicable taxes, as well as any additional fees payable directly to The Setai, are due according to the payment schedule specified on the booking platform acceptance agreement.
Setai Resort and Residences charges a one-time Guest Registration Fee of $295.00 (plus tax), to be paid directly to the hotel at check-in.
Check in/Check out Time:
Check in is at 4:00 p.m. and check out is at 11:00 a.m. Late check outs may be available with approval. Requests can be made 24 hours prior to departure and are approved based upon availability. Approved complimentary late check-out – 1:00 p.m.
Late check out without permission from Licensor will automatically incur an additional half day charge. When available, guests requesting later check-out hours are charged as follows:
• Checkout between 1:00 p.m. to 3:00 p.m. – Half day rate charge
• Checkout any time after 3:00 p.m. – Full day rate charge
If the unit rented is a private residence located at The Setai, Housekeeping services are not included in room rate and are provided by and paid directly to the hotel. Departure clean will be charged a day after check-out at a rate of $75.00 per hour with a two-hour minimum plus tax. The number of hours will be determined by the condition of the unit and is at the sole discretion of The Setai. If excessive cleaning beyond a “normal” final clean is determined to be necessary, additional funds will be deducted from the deposit. Rates for additional housekeeping by request are as follows:
• Daily housekeeping is USD $250.00 plus tax per visit and will include complete cleaning of the suite with complete refresh setup of clean linen terry and guest supplies.
• Periodic housekeeping may be requested for USD $75.00 per hour plus tax with a three-hour minimum including complete cleaning of the suite with complete fresh setup of clean linen terry and guest supplies.
• Housekeeping services must be requested forty-eight (48) hours in advance. Any cancellation of a scheduled service within 24-hours will be subject to full charge.
For all other private residences which are not located at The Setai, Housekeeping services are not included in room rate. All housekeeping requests are to be scheduled by the PM. Outside housekeepers are not permitted without approval by the PM. Additional housekeeping services during your stay may be requested for an additional rate (plus tax).
You may cancel a housekeeping request for no charge with a 12-hour notice. Last minute cancellation of housekeeping requests will be charged the standard rate. Delaying access to housekeeping for longer than thirty (30) minutes will incur a $40.00 wait fee.
Cancellation terms are as stated on the booking platform.
We strongly recommend purchasing travel insurance to protect you from unforeseen circumstances. Please consult the booking platform for additional information provided regarding travel insurance options.
Valet service is available at the hotel valet rate.
Licensee will pay a security deposit in the amount specified on the platform. Check-in is not permitted until the deposit has been received. Failure to pay the security deposit may result in a forfeiture of any previous payments. The security deposit will be released to Licensee after an inventory and inspection of premises is completed according to the terms indicated on the booking platform agreement. The deposit may be used towards the repair or replacement of any damages to the Unit or its contents by the licensee or his/her guests, including, but not limited to the following:
• Smoking: This unit is a nonsmoking unit. If any evidence of smoking is found inside the Unit, the Licensee agrees to pay a fine of $1,000.00 withheld from the security deposit.
• Pets: No animals are permitted on the premises without prior written authorization of the Licensor. If a pet is found on the Premise without providing prior notification and obtaining consent, or if a pet of a different breed or size than was authorized is found on the Premises, Licensee shall be considered in violation of this Agreement. In the event of such a violation, Licensor may, without limitation of any other remedies available to Licensor hereunder, at law, or in equity, elect to: (i) terminate this Agreement and cause Licensee and all occupants to vacate the Premises, in which event Guest shall forfeit all rental amounts paid; and (ii) impose a fine equal to fifty percent (50%) of the full rental amount per unauthorized pet.
• Events/Parties: No events or parties are permitted on the premises at any point during the lease term. Violation of this term will result in complete forfeiture of the security deposit, in addition to any damages caused by the licensee and/or guest(s).
• iPad: An iPad has been provided for your convenience. If the iPad is removed or damaged, the cost to replace/repair the iPad will be deducted from the security deposit.
• Linens: You are responsible for all linens in the unit. There will be a charge for stains, tears, or damages deemed excessive of normal use.
THE LICENSEE AGREES THAT ANY DAMAGES TO PROPERTY OR CONTENTS DURING THE TERM OF THE RENTAL WILL RESULT IN MONIES BEING WITHHELD FROM SECURITY DEPOSIT OF THE UNIT AND LICENSEE WILL BE CHARGED AT REPLACEMENT VALUE. IN THE EVENT OF EXTRAORDINARY DAMAGES, THE LICENSEE SHALL BE HELD RESPONSIBLE AND HIS/HER CREDIT CARD WILL BE CHARGED ACCORDINGLY.
Limitation of Liability:
Licensee acknowledges that Licensor is acting as an agent of the Owner in this transaction. Neither Licensor, Owner, nor any of their agents or employees shall have any liability to Licensee, or its guests, agents, and invitees, for any damage, injury, loss, or claims related to or arising from the interruption in the use of the Premises or any equipment or services therein, any accident or damage resulting from Licensee or Licensee’s agent’s or invitee’s use or operation of the Premises, the heating, cooling, electrical, sewage, or plumbing equipment of the building or the Unit, or the termination of this agreement by reason of damage to the Unit or Premises by reason of fire, robbery, theft, vandalism, any other casualty, or any acts of any other tenant, guest, owner or occupant of the building. Additionally, liability for damage to, or loss of, Licensee’s and/or guests’ property is limited by Florida Statutes 509.111. Notwithstanding, in no case shall the Licensor or Owner be liable to the Licensee, its guests or invitees, for any reason or cause whatsoever for any amount more than 50% of the total contract price of this Agreement.
Acceptance of Unit:
Guest agrees that no representations as to the condition of the premises have been made. The PM will deliver the leased premises in a habitable condition, pursuant to applicable State law. Guest takes premises in its AS-IS condition. Guest must immediately advise the PM in writing of any condition or maintenance issue that Guest discovers in Guest’s Unit upon arrival to the Unit. In the event of equipment malfunction within the Unit, the PM will expedite repairs in a reasonable time and manner. No rent adjustment will be made for circumstances beyond the PM’s control, malfunction or loss of use of equipment or amenities.
Guest shall maintain the premises in good, clean, and tenantable condition throughout the tenancy, use all electrical, plumbing, heating, cooling, appliances and other equipment in a reasonable and prudent manner, and remove all garbage in a clean and sanitary manner.
The premises will be used exclusively as temporary lodging for no more than «Guest_Capacity» Person(s), including minors. (Please provide a list of the names of all intended occupants on the last page of this contract). If persons not identified in this agreement as a Guest or other occupant are found to be using/occupying the Premises, a fee of twenty percent (20%) of the total rental amount will be automatically deducted from the Security Deposit for each additional person. Additionally, if any laws or condominium, association rules regarding occupancy are broken, Guest will pay all fines associated with each such violation. In the event hotel security is called to the unit more than once, the entire deposit is forfeited as a penalty for disturbing the peace and failure to abide by the hotel rules and regulations.
Ejection of Guest:
Licensor may remove, or cause to be removed, from the Unit and the Premises, any guest or Licensee pursuant to Florida Statute s. 509.141.
The parties intend this writing as the final expression of their agreement and as a complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties and no usage of the trade is relevant to explain this agreement. Additionally, neither Licensee nor Owner is responsible or liable in any manner for any representations (or misrepresentations) made by any third party, including but not limited to statements made by Guest’s broker or agent.
Choice of Law and Arbitration Clause:
Any controversy or claim arising out of or relating to this Vacation Rental Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be Miami-Dade County, Florida. The arbitration shall be governed by the laws of the State of Florida. The prevailing party shall be entitled to an award of reasonable attorneys’ fees.
The Licensee whose name appears on this contract and who provides payment must be the person who checks in to the unit. The name on the contract must match the name on the credit card provided for payment. No other representatives or accompanying guests will be permitted to check into the unit without the Licensee. Identification and the credit card used for payment of booking charges must be presented at the time of arrival.