General Rules & Information 08/01/2008
Vacation Rental Agreement
Upon the terms and conditions herein stated, this Vacation Rental Agreement
(“Agreement”) is entered into between T&T Florida Investments Corp. (“Manager”)
and the Guest (“Guest”).
1)
Arrival & Departure:
a)
Check-in:
Normal check-in hours are 3PM – 9PM. 9PM – 12AM there will be a convenience fee
of $150. 12AM – 3PM prior arrangements will need to be made.
b)
Check-out:
Normal check-out is at 11AM.
c)
Without prior arrangement,
if a Guest checks in before Arrival Date, an additional full day’s Rent will be
charged, payable upon taking occupancy. Check-out after 10 a.m. on
Departure Day without prior written approval and payment of additional fee will
incur an additional full day’s Rent which will be charged as Damage Cost against
the deposit. Check-in and Check-out times must be strictly enforced.
2)
Guest List and Occupancy Limits: Use and occupancy of the Property is
limited to the named Guest. Occupancy limit is 8 people for a 4 bedroom
house and 10 people for a 5 bedroom house. No more than 2 people by room. The
occupancy limit is the limit of guests allowed in the house. Occupancy
exceeding this limit as listed above will result in immediate eviction and
forfeiture of all amounts paid. If you are planning on having more than this you
will need to receive prior consent from the landlords. The registered Guest and
party(ies) on this Agreement are the only overnight guests allowed, unless prior
written permission is received from Manager. The Guest accepting this
Agreement must be at least 25 years of age and will be held responsible for all
other parties and/or guests of the Guest for compliance with this Agreement,
with listed policies, ordinances, rules and regulations and for any losses
incurred by Manager or to the Property due to negligence or vandalism.
3)
Utilities & Garbage
a)
A/C should not be set less than 76°F in summer or Heater set above 70°F in
winter. $150 of electricity per week is the allowance per contract.
Propane container for Bar-B-Q must be turned off after use. The tank will be
full at your arrival and if you need to refill it, it will be at your expense.
b)
It is prohibited to fill the pool with garden hose. Every Friday the pool
maintenance company comes to clean the pool. $50 per week of water is the
allowance per contract.
c)
It is the responsibility of the Guest to leave the Property in reasonably clean
condition and to remove all Guest's property (and trash) upon Departure.
During stay, Guest agrees to bag garbage and place the bags into the city
garbage container and place the garbage container at the pick up area on curb.
Only the garbage container will be picked up. Any garbage not in the container
will not be picked-up. If the garbage container is overfull it will not be
picked-up. Garbage collection days are Monday & Thursday morning 7AM. It
is advised to put out the garbage the day or night before pick-up as they
usually come very early in the morning. After the garbage is collected by the
city, you must put the container back to its original location not to incur a
fee from the city. Prior to Departure, Guest shall clean all dishes (or run the
dishwasher prior to leaving), bag and remove the trash from the property. If
Manager's cleaning service is required to spend more than five (5) hours
cleaning the Property or if a trip to the dump is required to haul away excess
trash, an additional fee will be charged at $50 per hour beyond the five (5)
hours (plus Dump Fees of at least $200) and will be charged against the deposit.
d)
Cable & Telephone:
Included in the rent is basic cable & telephone. Local telephone includes any
calls within the continental USA. Any long distance or movie purchases will be
charged to you.
4)
Deposit:
Minimum deposit is $1000 depending on length of stay and holiday or local
events. This is paid to reserve dates selected and is also used as a security
deposit. This will be refunded between 1 and 5 weeks after departure (to review
bills from the companies) to verify any movie purchases, long distance phone
calls, excessive electricity and/or water use. This will be refunded the same
manner it was paid.
5)
Payment: All rent must be paid in full 2
months (60 days) prior to check-in. On top of the lease, renter has to pay 10%
Miami Dade and Resort taxes + $250 cleaning fees.If money is not received in
this time frame the property will be considered available until all money is
received.
a)
Payment must be made by cash, cashier’s check or money order.
b)
Payment by credit card is not generally allowed except with a 3.5% fee and
acceptance of this Credit Card/PayPal Processing Waiver:
Credit card payment is not the regular form of payment for T&T Florida
Investments Corp’s Vacation Rentals. This form of payment is only accepted under
exceptional circumstances that the renter presents. Any cancellation must follow
the rules set forth at
http://aaamiamivacation.com/Vacation%20Rental%20Agrement%20Rules.htm. If for
any reason the renter has canceled/stopped payment and broke the rules on
AAAMiamiVacation.com
he agrees to pay a minimum of $1000 in lawyer fees to recoup all money lost in
this transaction, including but not limited to the advertised price for the
vacation stay. I authorized T&T Florida Investments Corp to charge my credit
card for the amount due, plus 3.5% Fees. I agreed not to cancel this transaction
for any reason.
6)
Cancellations: If the Property becomes unavailable to the Guest prior to
occupancy, Manager agrees to refund the full amount paid to the date of
cancellation, and Guest agrees to release any claims against Manager. If,
for any reason, the Guest cancels this Agreement more than thirty (30) days from
the Arrival Date, the Reservation Deposit will not be refunded unless Manager is
able to re-rent the Unit or Property under the same (or better) terms and
conditions of this Agreement, for the full Term reserved. If the Property
is re-rented under the same (or better) terms and conditions than this
Agreement, Manager will refund the Reservation Deposit paid, less a Cancellation
Fee of $500.00 (or 10%), whichever is greater. There are no cancellations
permitted within 30 days of Guest Arrival Date. All amounts paid (Reservation
Deposit and Final Payment) will be forfeited. Failure to pay the Final
Payment in a timely manner will be considered a cancellation under this sub
paragraph and will result in forfeiture of the Reservation deposit. No refund is
due (or will be made) for inclement weather. Travel or Vacation Insurance is
recommended to be obtained by Guest. Guest and parties listed above must
comply with any mandatory evacuation order.
7)
Indemnification and Insurance: Guest agrees to indemnify and hold harmless
Manager and the owner of the Property against all loss, damage, expense, and
penalty arising from any action of the Guest or visitors of the Guest which
causes injury or death to any person or damage to any property. Guest is
encouraged to secure the appropriate travelers or vacation insurance and/or
renter’s insurance.
8)
Pets: Pets are not allowed in or on the Property unless indicated in
advance in writing and secured with a non-refundable Pet Cleaning Fee.
9)
Smoking: Smoking is strictly forbidden inside the Property. Smoking
is only allowed “outside”. Evidence of smoking inside the Property will
result in immediate eviction and forfeiture of all amounts paid and will result
in additional Cleaning Fee to Guest as Excess Damage Cost and will be charged
against the credit card on file.
10)
Casualty or Destruction:
Should the Property be destroyed or rendered uninhabitable by an Act of God
(including, but not limited to, hurricanes, storms, floods or fires), or by
environmental disaster, or loss of utilities prior to occupancy by Guest, this
Agreement shall become null and void, and all payments made hereunder shall be
refunded to Guest.
11)
Noise Ordinance(s): The Property is located in a neighborhood which has a
"noise ordinance" in effect after dark. All Guests agree to respect the
Noise Ordinance and to use common sense in keeping noise volume low after dark.
Any police enforcement actions by the City, County or Home/Condominium
Association are at the sole risk and expense of the registered Guest and may
result in Excess Damage Cost and/or immediate eviction and forfeiture of all
amounts paid.
12)
Short-Term Rental: It is expressly understood and agreed that this is a
short-term vacation rental (For US, under the provisions of Chapter 509, Florida
Statutes) and is not a lease or other long term residential tenancy agreement.
This Agreement is only for the licensed use of the Property for the stated Term.
It creates no property rights in Guest and no rights to renewal or for recurring
usage. This Agreement is also neither a Time-Share sale or a Plan of
Time-Share Development, nor a Vacation Club.
13)
Cause for Eviction: The Guest and all parties with the Guest will be
subject to immediate eviction from the Property if the Guest or parties of the
Guest violate any terms of this Agreement, including but not limited to,
violation of the occupancy limits, pet provision, smoking, noise ordinance or
parking. In the event of eviction from the Property, the Guest shall
forfeit all amounts paid and there will be no refund of money.
14)
Falsified Reservations: Any reservation obtained under false pretense will
be subject to forfeiture of Reservation Deposit and Final Balance, if paid, and
such party will not be permitted to check in and/or will be subject to immediate
eviction with the forfeiture of all amounts paid.
15)
Damages and Missing Items: Any Damage Costs will be also charged
immediately to the Guest’s deposit. Guest assumes full responsibility for
any items found to be missing and any damage due to misuse, negligence or action
on Guest's or Guest’s visitors part, except in the case of normal wear-and tear
reported to Manager within 48 hours of Check-in. Repairs and maintenance:
Repair and maintenance problems must be brought to Manager's attention within 48
hours of occupancy or occurrence, or Guest will be held liable for all such
damages or repairs. Manager will not be responsible for any unauthorized
expenses incurred by Guest or his/her guests. Costs of needless or
unauthorized service will be charged as Excess Damage Cost against the credit
card on file. Maintenance responsibilities are as follows: Manager:
Electricity, water, sewer, local phone service, basic cable, and initial
supplies (toilet paper, paper towels, dish soap, hand soap, dishwasher detergent
and garbage bags). Guest: Long distance or toll calls, internet connection fees,
beach towels, beach chairs, extra cleaning fee (if Guest leaves Property messy
or damaged, as above), or extra propane or electric usage for Pool Heater (see
below). If any of the preceding charges are incurred, an Excess Damage
Cost will be charged against the deposit up to 30 days after Departure Date
pending final invoices and Notice of Claim from Manager.
16)
Access to Property for Showing: If Property is placed on the market for sale,
Guest agrees to allow the Property to be shown to prospective buyer(s) upon
reasonable notice to Guest. Property may be shown to prospective
future guests in the same manner and upon such notice.
17)
Liability and Damage: Guest agrees to defend, indemnify and hold Manager
harmless from any and all liability, claims, loss, property damage or expenses,
arising by reason of any injury, death or damage sustained by any person, or to
the property of any person, in or on the Property during the Term of this
Agreement, including Guest, additional invitees or visitors of Guest, where such
injury, death or damage is caused by a negligent or intentional act of Guest,
additional guest or any of Guest’s visitors or invitees.
18)
Attorney’s Fees and Costs: If Manager employs the services of an attorney
to enforce any conditions of this Agreement, to collect any amounts due, the
eviction of the Guest, or because Guest takes any action to recover deposits not
due, Guest shall be liable to Manager for reasonable attorney's fees and costs
incurred by Manager.
19)
Succession, Assignment: This Agreement is binding on, and the benefits
inure to, the heirs and personal representatives of the parties. However,
neither this Agreement nor any rights hereunder may be assigned (in whole or in
part) by Guest.
20)
General Terms: This Agreement is made in, and shall be governed solely by
the laws of, the State of Florida and Chapter 509, Florida Statutes. Venue
for enforcement shall be Dade County, Florida . If any section, clause,
paragraph or term of this Agreement is held or determined to be void, invalid or
unenforceable, for any reason, all other terms, clauses or paragraphs herein
shall be severed and remain in force and effect. This Agreement is taken
in full compliance with federal, state and local Fair Housing Laws, without
regard to race, color, religion, sex, country of origin, handicap or familial
status.
21)
Guest is to be mindful that this Property is located in a residential
neighborhood or residential condominium. Guest is expected to be courteous
to residents and guests, to respectful of the rights of others, and to not be
noisy.
Acknowledgment: by paying the deposit, I/We understand and accept the terms and conditions on all pages of this Rental Agreement on http://aaamiamivacation.com/Vacation_Rental_Agrement_Rules.htm