At the Starwood Realty Company We believe in transparency, This is why we keep a very simple policy when it comes to our vacation rentals. Below is our standard vacation rental agreement that is expressively agreed upon once payment is made for a vacation/seasonal rental booking.
TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY TERMINOLOGY:
As used herein, the singular shall include the plural and the plural the singular, the masculine shall include the feminine and the feminine shall include the masculine. The terms guest(s), tenant(s) and resident(s) are interchangeable.
This agreement contains all agreements, promises and undertakings between Owner and Guest, and there are no other oral agreements, promises or undertakings of any kind or nature. No oral agreements, promises or undertakings hereafter made shall be binding upon either Owner or Guest unless reduced to writing and signed by both parties, and this Lease supercedes any and all prior agreements between the parties relating to the Premises.
SUBSTITUTION OF ACCOMMODATIONS:
Circumstances may cause your confirmed unit to be unavailable. Therefore, The Starwood Realty Company LLC. reserves the right to substitute comparable accommodations. We cannot guarantee the confirmed rate in these circumstances; however, accommodations and rates will be subject to your approval. Should the above Property be unavailable or uninhabitable during the specified time due to unforeseen circumstances, including, but not limited to, Owners actions, or so called Acts of God, the Agent will try to provide a Property of comparable quality and utility, which then becomes the Property subject to this agreement, unless Guest requests a return of paid funds which in effect renders this agreement null and void for all parties.
Cancellations need to be made in writing prior to 90 days before arrival and are subject to a one month rent cancellation fee. Should a Guest cancel less than 90 days before arrival, the total rental amount if any balance remains becomes due. No refunds are offered on seasonal / vacation rentals that are cancelled in less than 90 days of arrival.
NSF CHECKS / RETURNED PAYMENTS:
There is a $75.00 handling charge for any checks or payments returned due to insufficient funds or charge backs. If for any reason it becomes necessary for The Starwood Realty Company LLC. or Owner to initiate litigation to enforce these terms and conditions, the guest shall be liable for all costs of such suit, including reasonable attorneys fees.
EXCLUSIVE USE OF 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 of the tenant. Guest must vacate the property and return it in proper condition and without any property damages to Agent/Owner. 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 Agent 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 charged to Guest.
In the event that a guest has a pet(s) in a unit where pets are not allowed; this action will cause forfeiture of all payments including security deposit, and guest will be required to vacate the property immediately and guest will be liable for any damages caused by said pet(s). Pets will be allowed ONLY if written permission is granted by Agent/Owner and Guest
will be fully responsible for the actions of said pet(s). All pets are subject to approval and a pet application is required for approval.
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 any unit in the Starwood Realty Companies program.
Your unit is confirmed with the understanding that you will adhere to the rules and regulations set by individual condominium
or homeowner associations. See your agent for rules and regulations.
The properties rented through The Starwood Realty Company LLC are individually furnished and decorated. Kitchenware may differ from property to property. The Starwood Realty Company does not provide personal use items such as bathroom tissue, soaps, paper products, cleaning supplies, etc. If unit is equipped with a propane grille, guest is responsible for cleaning the grill when.
Your property may be equipped with a telephone. Check with your Agent if your unit is equipped with a phone. Long distance calls must be charged to a long distance card calling service, credit card, or billed to your home number. Local incoming and outgoing calls are free if so equipped. A minimum handling fee of $10.00 (or 35% of the long distance charges, whichever is greater) will be imposed for long distance calls charged to the property phone. All calls charged to the property phone and the
Your property may or may not be equipped with internet service. If you desire to have internet service in a property that it
is not already installed, there will be a monthly charge of $50.00. If you desire internet service you must notify Agent at least 30 days prior to your arrival. The internet service may or may not be wireless. Ethernet cables may not be provided in all properties. It is recommended that you bring one with you.
Guest agrees that the premises have been fully inspected and accepts the condition of the premises in as-is condition with no warranties or promises express or implied. Guest shall maintain the premises in good, clean , and rent-able condition throughout the tenancy, use all electrical, plumbing, heating, cooling, appliances and other equipment in a reasonable manner, removing all garbage in a clean and sanitary manner. In the event Guest or Guests guests or invitees cause any damage to the premises, The Starwood Realty Company LLC. may at its discretion repair the damage and Guest shall pay for the expenses of the damage repairs on demand as additional rent. In the event a major repair to the premises must be made which will require the Guests vacating of the premises, The Starwood Realty Company LLC. may at its discretion terminate this agreement and Guest(s) agree to vacate the premises holding The Starwood Realty Company LLC. and Owner harmless for any damages suffered, if any. Guest shall notify The Starwood Realty Company LLC. immediately of any maintenance or repair needed , in writing. Guest agrees to immediately test any smoke detector and maintain them in the same condition. In the event of equipment malfunction within the unit, The Starwood Realty Company LLC. will expedite repairs as quickly as possible. From time to time, it may be necessary to close tennis courts, swimming pools and other amenities for maintenance purposes. It is your responsibility to advise us immediately of any condition or maintenance issue that you discover in your unit upon your arrival. This will prevent The Starwood Realty Company LLC. from having to charge you for damages that were not incurred during your stay. Any maintenance items should be reported to The Starwood Realty Company LLC. as soon as possible. No rent adjustment can be made for circumstances beyond our control or malfunction or loss of use of equipment or amenities. For emergencies and repairs please call 954-317-1768.
Units are treated for pests by The Starwood Realty Company’s contracted pest control service company. The Starwood Realty Company LLC. will use its best efforts to address pest control concerns, but is not responsible for rebates due to the presence of pests, infestations, or in the event of untimely service by pest control companies.
Due to potential allergic reactions of future Guests, smoking is prohibited inside all units. If you must smoke, you must do so outdoors if allowed and properly dispose of smoking waste. Violators of no smoking rules for units will forfeit their Security Deposit, plus be assessed for additional cleaning expenses to return the unit to non-allergic status. Ashes and burns found inside a unit will be considered as a violation of the no-smoking policy.
EMERGENCY RIGHT OF ENTRY:
The Starwood Realty Company LLC. has immediate right of entry in cases of emergency, or to protect or preserve the premises. Guest shall not alter or add locks. Broker. may place FOR RENT or FOR SALE signs on the premises at any time. Any authorized employee, licensed sales agent, or repairman may enter the premises during customary business hours for any purpose related to the repair, care, improvement, and management of the premises.
UNITS FOR SALE:
In the event the Property, which you are renting, is listed for sale, the need to show the Property may arise during your stay. We will make every attempt to schedule any showing at a convenient time so as not to disturb your vacation.
LOST ITEMS/LIABILITY/RISK OF LOSS:
Starwood Realty Company LLC. is not responsible at any time for any items left in any unit. If they are found by inspectors and/or cleaning staff, returns will be held at our office or returned to you at cost plus a handling fee, not to exceed $25.00. Guest acknowledges there may or may not be cameras present on the property for security purposes only. Guest acknowledges and agrees Agent and Owner are not liable in the event of any camera malfunction. Guest is aware and understands that neither Agent nor Owner is responsible or liable for any of Guests personal property present on premises of Property. All Guests personal property shall be at the risk of the Guest. The Starwood Realty Company LLC. shall not be liable for any damage to said personal property of the Guest arising from criminal acts, fire, storm, flood, rain or wind damage, acts of negligence or any person whosoever, or from the bursting or leaking of water pipes.
CONDEMNATION AND ACTS OF GOD:
If for any reason the premises are condemned by any governmental authority, or destroyed through fire, act of God, nature or accident, this rental agreement shall cease and shall terminate as of the date of such condemnation or destruction and Guest hereby waives all claims against Starwood Realty Company LLC. and Owner for any damages suffered by such condemnation or destruction Guest will be refunded remaining balance of rent pro-rated from the day of condemnation.
Guest agrees to reimburse The Starwood Realty Company LLC. 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 hired by the Guest. Guest at all times, will indemnify and hold harmless The Starwood Realty Company LLC. and/ or the Property owner from all losses, damages, liabilities and expenses which can be claimed against Starwood Realty Company LLC. and/or the Property owner 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.
Guests may have mail forwarded by the USPS to their rental address at their discretion.
Parking areas at individual sites are only for automobiles. Motor homes, boat trailers, etc. are not permitted. Check with our office if motorcycles are permitted.
Court times and rules are individual site functions vary from location to location, Not all sites have tennis courts.
Should the rental home have a pool, all guests must obey all posted pool rules and operate in a safe and reasonable manner.
Guest acknowledges that baby cribs are not provided in the Property.
The unit can be occupied by no more than the maximum number of persons indicated on this agreement. Occupancy is defined as any overnight stay. In the event occupancy is exceeded, Guests must notify Agent and there will be an additional fee of 10% of the Rent for Term listed on page 1 of this agreement.
ACT OF NATURE:
The Starwood Realty Company LLC. and /or Owner cannot be held liable for any acts of nature or occurrences beyond our control. No rate adjustment will be made.
If you are traveling between May and December, please note that this is hurricane season. The Starwood Realty Company LLC. and/or Owner are not required to rebate rent in the event of a voluntary or mandatory evacuation.
The condominium or home or any part thereof may not be sublet or this agreement assigned without the written consent of The Starwood Realty Company LLC.
MAID SERVICE/SPECIAL REQUESTS:
While linens and bath towels are included in each unit, daily maid service is not. If you desire housekeeping services, we can provide you with housekeeping services which will be billed to you on a case by case basis.
Radon Gas is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Broker makes no representations about the existence of radon gas on the subject.
In the event any dispute arises under this Lease between Agent, Owner and Guest, the prevailing party in such litigation shall be entitled to collect reasonable costs and attorneys fees, at trial and on appeal. Venue shall be Broward County, Florida
and this Lease shall be governed by the laws of the State of Florida.
In case that any part of this agreement should be declared void or invalid, this will not have any effect on other parts of this agreement, which can be in effect without the invalid terms; and therefore, the terms of this agreement shall be deemed separable.
The rights of The Starwood Realty Company LLC. and/or Owner under this rental agreement shall be cumulative, and any failure on the part of The Starwood Realty Company LLC. or Owner to exercise promptly any rights given hereunder or any waiver by The Starwood Realty Company LLC. and/ or Owner shall not operate to forfeit or waive any other rights allowed by this lease or by law.
CHECK-IN & KEYS:
Keys and or all required access items will be given to guest upon check in on the first day of the lease.
Current Seasonal Guests have first right of refusal to reserve the same unit for the same period for the following season unless a reservation already exists for said time period or the Property is reserved for said time period by Owner, owners family, or guests. New rental agreement must be executed within 7 days of arrival or the property will become available to any new guests.
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 The Starwood Realty Company LLC. leaving the premises in good, clean condition, excluding ordinary wear and tear. The Guests obligation to observe and perform the Lease covenants shall survive the expiration or any other termination of the term of this Lease.
SECURITY DEPOSIT RETURN:
Providing guests leave Property in acceptable condition (no damages, no missing items, no outstanding utility bills, etc.), Guests security deposit will typically be processed within 15 days after vacancy. After Guest vacates Property and inspection/inventory has been performed and damage or missing items have been observed, The Starwood Realty Company LLC. will take corrective measures to restore the lost or damaged property. A minimum trip fee of $50.00 will be charged to perform these duties. All damages and charges will be deducted from your security deposit. Damages exceeding your security deposit amount will be charged to you.
In the event of nonpayment of any required rental payment as provided for in this Lease, or in the event of any breach of any
of the conditions, stipulations, promises or covenants as set forth in the Lease, the Guests right of possession of the leased Property shall forthwith terminate with or without notice or demand and the retention or possession thereafter by the Guest shall constitute an unlawful detainer of the leased Property. In such event, the Guest shall become a Guest at sufferance, thereby waiving all rights of notice to vacate said Property and the Agent shall be entitled to re-enter and re-take possession immediately of the leased Property with or without legal proceedings.
JOINT AND SEVERAL:
If more than one individual, firm or corporation shall join as Guest, the covenants of Guest shall be the joint and several obligations of each party signing as Guest, and when the parties signing as Guest are partners, the covenants shall be the obligation of the firm and of the individual members thereof.
Guest represents and warrants to the Agent, and Agent acknowledges and agrees, that it is their intention that Guests occupancy will be seasonal and temporary. The parties agree that this Lease shall not be governed by part 2 of chapter 83 of the Florida Statutes.
Guest acknowledges there is no rescission period once payment has been made.