Please take care of my property: it is very valuable for me. Parties or noisy meetings are not allowed under any circumstances. Please, refrain from dyeing your hair while in the condo to avoid accidents. Don´t forget to take out the trash before you leave. As for the rest, relax and enjoy your stay!

The building charges a daily resort fee at check-in and a security deposit too.

PET POLICY for our Vacation Rental Property:

At our vacation rental, we understand that pets are an important part of your family. To ensure a comfortable and enjoyable stay for all guests, we have established the following rules for hosting pets:

1.  Pet Types: We welcome well-behaved dogs and cats. Other types of pets may be considered upon prior approval.
   

2.  Size Limit: Dogs must weigh no more than 75 pounds, and cats must be domesticated.
   

3.  Number of Pets: A maximum of one pet per unit is allowed.
   

4.  Pet Fees: A non-refundable pet fee of $150 per pet will be charged for the duration of your stay.
   

5.  Behavioral Requirements: Pets must be well-trained, quiet, and non-disruptive. They should not exhibit aggressive behavior towards other guests or animals.
   

6.  Supervision: Pets must not be left unattended in the apartment unless they are crated. Owners are responsible for any damages caused by their pets.
   

7.  Cleanliness: Owners are expected to clean up after their pets both inside the apartment and in common areas of the property.
   

8.  Allergies: Guests with allergies should be informed that pets have been present in the apartment.
   

9.  Outdoor Areas: Pets must be leashed when in outdoor areas of the property. Owners are responsible for disposing of pet waste properly.
   

10. Compliance: Guests must adhere to all local laws and regulations regarding pet ownership.

By agreeing to these conditions, guests with pets can enjoy a relaxing stay in our vacation rental apartment while ensuring a pleasant experience for all visitors.

VACATION RENTAL AGREEMENT – Elser Hotel & Residences

This document details the obligations of guests/tenants regarding the vacation rental condos located at the Elser Hotel & Residences, 398 NE 5th St, Miami FLORIDA 33132 and managed by Miami Vacation Rentals (M.V.R.) and constitutes a binding document in the Miami- Dade County, Florida. Please read carefully.

TERMS & CONDITIONS ARRIVAL AND DEPARTURE TIMES - Check-in time is after 3 pm and check-out is at 11 am at the latest, local time. Should you need some flexibility, Landlord will try to accommodate it, if it has been communicated in advance. If you fail to check out by 11 am, landlord may apply a late fee equal to 50% of the corresponding daily fee.

LATE OR EARLY ARRIVAL FEES: In the case Guests arrive before 9:00 am and have not paid early check-in or arrive after 9 pm a Late Arrival Fee of $40 will be charged.

PAYMENT – The total amount for your stay, including room, taxes, cleaning, deposit, resort fees and any other charges, is due before arrival. You can pay with most credit cards (Visa, MasterCard, Discover, American Express) or ACH. Parking and special services (Pack & Play, high chairs, rolling beds) are paid upon arrival.

CANCELLATIONS – This reservation can be cancelled up to 30 days before arrival (or whatever is indicated in your booking website), with just a 3.5% charge for administration fees. After that date, the total of this contract will be charged. There shall be no refunds of rents because of shortened stays due to weather conditions, medical and family emergencies or any other commitments. The same applies to monthly renters who wish to make a change that results in a shortened stay.

BUILDING REGULATIONS – The building´s rules are established to ensure enjoyment and safety of all residents and are strictly enforced. Should a guest/party be forced to abandon the unit by security, no compensation/refund can be claimed. No noisy gatherings will be allowed; garbage should be deposited inside the little gate of the Trash Chute room; all pets must be registered with the Association; proper behavior is requested all times.

DAMAGE DEPOSIT – A Credit Card Authorization is required to book an apartment. You agree and expressly authorize that M.V.R. may charge your credit card to pay for cancellation penalties, early check-in fees, late arrival fees, replacement and/or damage and loss fees as set forth in these Terms & Conditions, if any. In the infrequent case of damages to the property or stolen goods, it would be charged. In the case of missing goods, you approve a charge of 150% of their value. Any damages or issues with a unit should be communicated to the Landlord upon arrival or no later than noon of the next day.

FOBS, KEYS, AMENITIES CARDS, PARKING MAGNETIC CARD – In the case of damage or loss, a fee of $100 for each GUEST or PARKING MAGNETIC CARD will be charged. For coded keys plus FOB, a fee of $250 will be charged. (Note: FOBS are required for elevators and to have access to the pool and other areas). In the case of amenities cards, please be aware that they are not room keys and there is a cost to replace them. Only clients renting a parking space from us get a parking magnetic card).

MAXIMUM OCCUPANCY AND MINIMUM AGE – The maximum number of guests allowed is three persons in studios, four persons in one-bedroom apartments and five in two-bedroom ones. At no times will additional guests be allowed. Minimum age requirement for reservations is 23 years.

FALSIFIED RESERVATIONS – Reservation obtained under false pretense (e.g. number of guests or unauthorized pets) will be subject to complete forfeiture of all payments or deposits and the party will not be permitted to check in. Excessive occupancy, or occupancy with undeclared number of persons or pets voids this agreement with no refunds.

SUBLETTING - Subletting or leasing to another person the apartment that has already been leased to you, is illegal and sublessees or tenants can be evicted at any time. Sublessors will be reported at all times to booking websites. Any exceptions (such as a family member) must be communicated and accepted in written.

RATE CHANGES – Rates subject to change without notice, but not after full payment has been made.

PARKING – Guests can use the Building’s Valet Parking Service (pricing details included in Guest Guide). Please note that M.V.R. is NOT responsible nor liable for this service.

INCLUDED FEES – Please note that rates include a one-time linen & towel setup. Tenants can obtain extra sets of linen and/or towels at $25 each set.

TOILETRIES AND OTHER AMENITIES – Landlord will make his best efforts to provide initial supply of body wash, shampoo, conditioner, body lotion, hand soap as well as coffee, sugar, cream, dishwasher tablets, liquid dishwasher, washer tablets, kitchen towels, toilet paper, water bottles, garbage bags. Those items are not guaranteed and are intended as initial supply to only last the first 24 to 48 hours of each stay.

EMERGENCIES – In the case of emergencies happening after office hours (10 am to 8 pm), we will make our best effort to solve the issue but at times it simply may not be possible. All other issues will be received during office hours.

PETS - Are not permitted unless registered. Only properly trained pets from responsible owners may be allowed and a fee of $100 per stay will apply (unless otherwise agreed in writing). All pets must be leashed at all times. Owners are responsible for cleaning up pet refuse. Pets are not allowed on furniture at any time. Any evidence of the contrary may result in extra cleaning fees. All pets are to be treated with Advantage or similar topical flea and tick repellent three days prior to arrival.

NO DAILY HOUSEKEEPING SERVICE – While linen and bath towels are included in the unit, daily maid service is not included in the rental, but it is available Monday to Saturday at an additional rate of $25/hour.

LOCK-OUT – In the case of being locked-out due to no fault of the Landlord, we will try to solve it as soon as possible. If it happens between 10 pm and 8 am or during week-ends or holidays, $100 will have to be paid by guests.

SMOKING AND PARTIES – Smoking in the unit is prohibited. In the case of smoking or parties (when not pre-approved in writing) in the unit, a penalty of $500 will be applied.

CLEANING – Guests are expected to leave the apartment in decent condition. Cleaning of dishes is NOT included in the final cleaning service. Trash should be disposed of by guests. There is a Trash Chute in every floor, just by elevator halls. Please place trash in plastic bags. In those infrequent cases in which the apartment is returned in an extremely unclean condition an extra cleaning fee of $150 to $500 will be charged.

TOILET – Units’ toilets are effective but they will clog up if improper material is flushed. In this case, you could be charged damages of up to one hundred and fifty dollars ($150) for plumbing issues caused.

AIR CONDITIONING, TV, WI-FI, APPLIANCES – Their functioning is not guaranteed. While repairs will be made as soon as possible, no refund of rents shall be given for malfunctioning, lack of signal or content, or personal preferences regarding cable TV service, disruption of internet services or lack of A/C or any other appliance.

GYM, SWIMMING POOL - You will obtain one or two pool towels. Tenants agree not to take towels or linens from the unit. Caution is recommended around the pool since floor can be slippery. When using the hot tub, remember there are certain health risks associated with its use. The Landlord is not responsible if for any reason the Building is not able to provide you with a towel, or if the pool or any other amenities are closed for maintenance, renovation or other purposes.

The tenant understands that the swimming pool and/or hot tub is strictly an amenity and that the use of this amenity is not guaranteed under the terms of this Agreement. Any interruption or non-availability of the use of the swimming pool/hot tub will not violate any terms of the agreement.

PARCELS DELIVERED DURING STAY – Guests can receive one parcel for free during their stay. Please advise Landlord if you intend to do it. For each extra parcel a $5 fee will be charged. Guest exonerates Landlord from loss or damage to parcels. Any package not claimed after guests´ departure will be returned to sender.

WRITTEN EXCEPTIONS/WAIVERS – Any exceptions to the above-mentioned policies must be approved in writing in advance. M.V.R. does not waive any rights it has under this Agreement or applicable law unless such are expressly set forth in writing.

DAMAGES - The Tenants and Tenants' Guests shall hereby indemnify and hold harmless the Landlord and M.V.R. against any and all claims of personal injury or property damage, loss, theft or vandalism arising from use of the premises regardless of the nature of the accident, injury or loss. Tenant expressly recognizes that any insurance for property damage or loss which the Landlord may maintain on the property does not cover the personal property of Tenants, and that Tenants should purchase their own insurance for Tenants and Guests if such coverage is desired. M.V.R. reserves the right to prosecute authors of damages or losses to the condo or the building.

ENTIRE AGREEMENT - This Agreement constitutes the entire agreement of the parties and supersedes all prior or contemporaneous oral or written agreements concerning this subject matter. If any term of this Agreement is deemed unenforceable by a Court of competent jurisdiction, such term shall be stricken and will not provide grounds to invalidate the rest of this Agreement.

FORUM/CHOICE OF LAW. The terms and provisions of this Agreement shall be governed by the laws of the State of Florida. Tenant irrevocably and unconditionally (i) agrees that any suit, action or other, legal proceeding arising out of or relating to this Agreement shall be brought in a court of record of the State of Florida, in Miami-Dade County.; (ii) consent to the jurisdiction of such court in any such suit, action or proceeding; and (iii) waive any objection which it may have to the laying of venue of any such suit, action or proceeding in any such court.

SERVICE OF PROCESS. Tenant, by accepting the privilege extended by the laws of the State of Florida to nonresidents of this state and engaging in this transaction governed by the laws of this state, designates the Secretary of State of the State of Florida as his or her agent for the service of process in any civil action begun in the courts of this State against such Tenant or Guest, arising out of or by reason of any lawsuit to enforce the terms hereunder. Tenant retains all right to contest jurisdiction of any court except for objections based on a defect in the summons or in the service thereof. Tenant agrees that this agreement provides M.V.R. with a limited power of attorney to execute a waiver of service of process form on behalf of Tenant.

ATTORNEYS’ FEES AND COSTS. In the event of any dispute, controversy or claim arising out of, relating to, or in connection with this Agreement (including claims related to credit card chargebacks), any amendment thereto, or the breach, default, claim, or misrepresentation arising thereof, whether or not a lawsuit or other proceeding is filed, and if the Landlord or M.V.R. is the prevailing party, the Landlord/M.V.R shall be entitled to recover its reasonable attorneys’ fees and costs, whether incurred before suit, during suit, or at the appellate level. In such an event, the Landlord/M.V.R. shall also be entitled to recover any reasonable attorneys’ fees and costs incurred in litigating the entitlement to attorneys’ fees and costs, and in determining or quantifying the attorneys’ fees and costs due to it. Guest hereby expressly waives all rights it has under Section 57.105(7), Florida Statutes, to prevailing party attorney’s fees.

CREDIT CARD CHARGEBACK FEES. In the event it is determined guest wrongfully files a claim for a chargeback with the credit card company used to make payment, in addition to the payment of attorney’s fees and costs set forth herein, guest agrees to pay all expenses and costs incurred by M.V.R. to recover such funds, and to an additional liquidated damages of $2,500.00, due to the harm caused to M.V.R. as a result of such wrongful claim.

RECOVERABLE COSTS. The reasonable costs that M.V.R. shall be entitled to recover under this Sublease Agreement shall include any costs that are taxable under any applicable statute, rule, or guideline, and costs not taxable thereunder, including but not limited to: (a) costs of investigation; (b) travel expenses, whether for investigation, depositions, hearings, trial, or any other purpose; (c) information technology support charges; (d) any and all consultant or expert witness fees, whether or not such fees are incurred in connection with a court-ordered report or testimony at a deposition, hearing, or trial; (e) court reporter and transcript fees, whether for deposition, trial, or an evidentiary or non-evidentiary hearing; (f) mediator fees; and (g) any other reasonable cost incurred by the prevailing party in connection with the dispute.

The guest accepts that payment of reservation implies acceptance of all terms and conditions in this contract.