Submitted by fpa on Mon, 03/28/2011 - 08:00
Rental Terms and Conditions

These Terms and Conditions (“T&C’s”) are considered the Vacation Rental Agreement between Mikisolé PM, LLC d/b/a Mikisolé Property Management (“MPM”) and the Renter. By his/her signature below and/or by electronic acceptance, the renter (“Renter”), on his/her behalf and on behalf of all persons that will occupy the vacation accommodation (“Rental Unit”) with Renter, acknowledges and agrees that he/she has read these T&Cs and is bound by them. 

1. MPM   - MPM offers real property vacation rental reservation services to persons seeking to rent private residential real property accommodations for short term vacations in South Florida. MPM serves as a rental agent and property manager for the owner(s) (“Owner”) of the Rental Units. Renter acknowledges and understands that MPM does not own any of the Rental Units and undertakes to act only as reservation agent for the Renter and Owner.

2. PAYMENT – Unless otherwise agreed in writing by MPM, a reservation deposit of 50% of the estimated rent for all dates reserved must be received by MPM when the reservation is made. The balance of the rent for the full stay is due 7 days prior to the beginning of the rental period. If the arrival date is within 30 days of the date the reservation is made, the total rent for the dates reserved must be paid at the time the reservation is made. MPM will provide written confirmation of receipt of the reservation deposit and written confirmation of receipt of the remainder of the rent after such sums are received. 

3. ARRIVAL AND DEPARTURE – Check-in and check-out procedures vary from property to property. Renter agrees to follow the check-in and check-out procedures for the Rental Unit described in the written confirmation notice provided to Renter. Extra arrival coordination charges may apply if the check-in procedures for the Rental Unit are not followed. 

4. USE OF RENTAL UNIT – Renter agrees to occupy the Rental Unit and building/community common areas and amenities in a peaceful manner, abide by the customary standards of acceptable behavior in the USA and comply with the rules and regulations of the condominium or community in which the Rental Unit is located. Renter shall also cause his/her family members, guests and invitees to occupy the Rental Unit and building/community common areas and amenities in a peaceful manner, abide by customary standards of acceptable behavior in the USA and comply with the rules and regulations of the condominium or community. Renter is responsible for leaving the Rental Unit at the end of Renter’s stay in the same condition as when the stay commenced (reasonable usage excepted). The Rental Units have many damageable items and are mostly located in quiet residential buildings or areas, therefore MPM strictly prohibits parties of any kind in the Rental Units. Renter is requested not to create or allow strong smells, loud noise or loud music in the Rental Unit, particularly between 10 p.m. and 8 a.m. Should a Renter or his/her family member, guest or invitee behave in an indecent, improper or illegal manner, or violate the rules of the condominium or community, Renter agrees that Renter and all other occupants may be required to immediately vacate the Rental Unit with no refund. Renter further agrees that the Rental Unit is rented for residential use only. Renter shall not use the Rental Unit as a business address, nor shall Renter conduct any business activities of any nature (including, but not limited to, fashion shows or fashion displays, photo shoots, business meetings, or business receptions) at the Rental Unit without express written permission from MPM obtained at the time of the booking. SMOKING IS NOT PERMITTED IN THE RENTAL UNIT. In the event smoking occurs in the Rental Unit, Renter will be charged an extra cleaning fee. A violation of one or more of the provisions of this paragraph 4 shall be deemed a material and incurable breach of contract and shall entitle MPM, Owner and/or MPM’s agent to require Renter and all other occupants to immediately vacate the Rental Unit without refund of any monies paid, failing which, Renter and his/her family members, guests and invitees may be locked out of the Rental Unit. 

5. SECURITY DEPOSIT – In lieu of a security deposit, Renter is required to provide a valid credit card at check-in. MPM is authorized to charge the credit card for the cost of cleaning, repairing and/or replacing any items in or about the Rental Unit or building in which the Rental Unit is located that are soiled or damaged or removed by Renter or his/her family member, guest or invitee, excluding normal wear and tear. If a valid credit card is not provided, MPM may refuse access to the Rental Unit for the rental period, without any refund to Renter of the reservation deposit or rent previously paid to MPM. Renter must leave the Rental Unit in a reasonable state of cleanliness upon departure. A $100 per room fee will be charged should the Rental Unit be left in an abnormally messy/dirty condition causing more than normal cleaning effort. A $250 per room fee will be charged should smoking occur inside the unit during Renter’s stay or a pet be permitted inside the Rental Unit during the Renter’s stay. Renter is fully responsible for any damage caused by Renter or Renter’s family members, guests or invitees to the structure or contents of the Rental Unit, the building housing the Rental Unit, and the common areas and amenities serving the Rental Unit. As most locks are security-type, Renter should expect to be charged at least $150 should keys be lost or locks be replaced. MPM reserves the right to require a pre-paid cash security deposit if required by the rules of the building in which the Rental Unit is located or MPM deems it necessary or advisable for any other reason. 

6. NUMBER OF PERSONS - Only the Renter and the declared number of people at reservation are allowed to occupy the Rental Unit. If additional, unauthorized people occupy the Rental Unit during Renter’s stay, MPM has the right to charge additional fees for the extra occupants, or to refuse entry to the unauthorized people and/or to cancel the booking without refund.

7. MODIFICATIONS – CANCELLATION CHARGES – If Renter delivers written notice of cancellation to MPM at least 45 days prior to the scheduled start of the booked rental period, then all advance funds will be returned less a processing fee of $100. If Renter delivers written notice of cancelation to MPM more than 7 but less than 45 days prior to the scheduled start of the booked rental period, then 50% of the advance funds paid will be forfeited as a cancellation fee. If Renter delivers written notice of cancellation to MPM less than 7 days prior to the scheduled start of the booked rental period, then 100% of the advance funds paid will be forfeited as a cancellation fee.
MPM strongly recommends that Renter take out Travelers/Cancellation Insurance to cover any unforeseen medical or other emergencies that would prevent Renter from occupying the Rental Unit as booked. If for any reason beyond MPM’s control, including force majeure, MPM should be unable to provide to Renter the Vacation Unit when booked, MPM may transfer Renter, upon consent of Renter, to a similar vacation accommodation. If the rental of the substituted accommodation is less than the Vacation Unit originally booked, the difference will be reimbursed to Renter, if the rental of the substituted accommodation is higher, the difference will be charged to Renter. If no agreement can be reached, either party may cancel, in which event MPM will refund to Renter all advance funds paid by Renter. MPM reserves the right at any time to refuse or cancel any booking for accommodation, in which case the advance funds paid by Renter shall be refunded in full, and MPM’s total liability shall be limited only to such amounts advanced by Renter.

8. ERRORS, OMISSIONS, PRIOR BOOKING, CHANGE, AND WITHDRAWAL WITHOUT NOTICE – The descriptions of locations and rental accommodations are provided in good faith and in the belief that they are accurate based on the latest information. However, MPM declines all responsibility for any modifications made by the owner(s) of the accommodations or surrounding properties without MPM knowledge. Rental offerings are subject to error, omissions, prior bookings, change, withdrawal without notice, and MPM’s approval of Renter and acceptance of contract. Published photographs of accommodations and properties are non contractual and will not be recognized as basis for any claim. Photographs are intended to give a general idea of the appearance and atmosphere of the accommodation and property and serve no other purpose.

9. STATE OF THE ACCOMMODATIONS AND REPORTING OF ONSITE PROBLEMS – The accommodations MPM offers, including the Rental Unit, are not typical tourist structures or hotel rooms. Rather, they are private residences. Being such, they do not have standards or categories recognized internationally, but instead reflect in their architecture and furnishings the local traditions and personal taste of the owners. Renter must accept differences in the accommodations and properties, be they architectural, cultural or aesthetic. Renter acknowledges the fact that none of the properties offered by MPM are wheelchair accessible. Renter agrees to inform MPM in writing (email or fax being sufficient) within 48 hours of any loss, damage or other complaint, controversy, dispute or claim concerning the occupancy of the Rental Unit, this agreement or the rights or duties of the parties to this agreement. Renter acknowledges that any complaint that is not brought to MPM’s attention prior to the departure date will not give rise to a claim. MPM is not liable for any temporary defects of appliances or stoppages for supply of electricity, gas, water, plumbing, AC, cable TV, internet access or telephone services. MPM is not liable for annoyance, disturbance, inconvenience or any noise nuisance incurred by Renter or Renter’s family members, guests or invitees, related to maintenance and/or repairs to the building in which the Rental Unit is located, including the common areas and amenities, or in the immediate vicinity, performed by parties not affiliated with MPM. MPM is not liable for any loss, damage, or inconvenience of Renter caused by anything beyond its control. Renter understands that MPM cannot anticipate building renovation work as owners of units in the building are often given little or no advance notice. MPM is not liable for any pest or rodent infestation or any other adverse environmental conditions, including, but not limited to heat wave, hurricane, flooding, humidity resulting in mold/fungus development or other extreme climate conditions.

10. DISCLAIMER - The Owner and MPM each disclaim all liability and shall not be held liable for any loss, injury, damages, liability, costs or expenses incurred by Renter or his/her family member, guest or invitee, resulting from or arising out of or in connection with the use or occupancy of Rental Unit or appurtenant property and amenities, regardless of the cause. The Owner and MPM each disclaim and shall not be liable for any loss, injury, damages, liability, costs, expenses, inconvenience, delay or cancellation of the booking resulting from or arising out of or in connection with war, threat of war, riot, civil strife, terrorist activity, natural disaster, fire, sickness, weather conditions, currency fluctuation, action at an airport or port by any government or public authority, technical problems related to transport and airport regulations or caused by technical, mechanical or electrical breakdowns, or other circumstances amounting to “force majeure” or beyond the Owner’s or MPM’s control.

11. PETS - Pets are not allowed. If Renter or his/her family member, guest or invitee brings an unauthorized pet into the Rental Unit or the building in which it is located: (i) Renter shall be responsible for all disturbances, damages and personal injuries caused by the pet, (ii) Renter, his/her family, guests and invitees may be required to immediately vacate the Rental Unit without refund of any advance rent paid, or be removed from or locked out of the Rental Unit, (iii) Renter shall be deemed to be in material and incurable breach of this Agreement, and (iv) Renter shall be charged an extra cleaning fee. 

12. INDEMNITY AND HOLD HARMLESS - Renter releases MPM and the Owner from, and agrees to indemnify, defend, save and hold MPM and the Owner harmless from and against, any and all claims, losses, damages, costs, expenses, penalties and other liabilities (including without limitation all reasonable attorneys’ fees, experts’ fees, court costs, and other costs incurred in investigating, defending or prosecuting any litigation or proceeding) resulting from or arising out of or in connection with use or occupancy of the Rental Unit or appurtenant property or amenities by Renter and/or Renter’s family members, guests or invitees, including without limitation those caused by fire, theft or criminal activity. Renter agrees to hold MPM and the Owner harmless from all claims brought by Renter’s family members, guests and invitees and Renter accepts sole responsibility for any loss, damage, or inconvenience of Renter’s family members, guests and invitees. In no event is MPM or Owner responsible for any physical injuries caused to Renter and/or Renter’s family, guests or invitees during their stay at the Rental Unit. It is highly recommended that Renter purchase comprehensive travel insurance that may cover such injuries. Renter covenants and agrees that the maximum liability that may be attributed to MPM and the Owner for causes, occurrences, damages or personal injuries, sustained or transpiring during the rental period at or around the Rental Unit or the building and grounds surrounding the Rental Unit, shall be limited to the amount of Rent advanced by Renter.

13. JOINT AND SEVERAL LIABILITY AND AUTHORITY - All persons signing or electronically acknowledging this agreement as Renters shall remain jointly and severally liable for all obligations arising hereunder, whether or not they remain in actual possession of the Rental Unit.

14. DISPUTES – Prior to initiating any legal action, each party agrees to inform the other party of any claim or dispute, and to make a good faith effort to resolve the claim or dispute amicably. If no such resolution can be reached, the parties agree to mediate or arbitrate such claim or dispute. The venue for mediation or arbitration initiated by any party hereto shall be Miami-Dade County. In the event a dispute or claim is not resolved by mediation, such dispute or claim must be submitted to binding arbitration. The prevailing party in any mediation or arbitration shall be entitled to the award of attorneys’ fees and costs.