DESCRIPTION OF RESIDENCE AND RESERVATION DETAILS This Vacation Rental Agreement (“Agreement”) describes the Terms and Conditions of Luxury Rentals Miami Beach, Inc., a Florida Corporation (“Licensor”), located at 301 W 41st St. #502, Miami Beach, Florida 33140, as agent of the Owner of the Property (“Owner”), who agrees to rent accommodations to 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. CONTRACT INCLUSIONS AND NON-AFFILIATION 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 located on the property at which accommodations are being leased. Any additional use charges shall be the sole responsibility of the Licensee. “Premises” shall refer to all common areas which the Owner of the Residence, 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 Residence to service the Residence or for repair purposes during Licensee’s stay and will provide reasonable notice to the extent possible. Licensee acknowledges that although its rental residence may be located within, or physically connected to The Setai Miami Beach, Licensee is renting a privately-owned residence which is not owned, operated, or otherwise endorsed, sponsored, or affiliated with or by The Setai Miami Beach. PAYMENT AND CANCELLATION POLICY Resort Fee: The Setai Hotel charges a daily resort fee of $285 (plus tax) per day, This will be paid directly to the Setai upon check in. For all stays 30 nights or longer the amount per night is $115 plus tax. Payment Policy: 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’s acceptance agreement. Cancellation Policy: Cancellation terms are as stated on the booking platform. TRIP INSURANCE Travel Insurance: We strongly recommend purchasing travel insurance to protect you from unforeseen circumstances. Please, consult the booking platform and/or your LRMB Travel Advisor for additional information regarding travel insurance options. CHECK-IN/CHECK-OUT TIME Check-in/Check-out Time: Check-in/Check-out Time: Check-in is at 5:00 p.m. and Check-out is at 11:00 a.m. Should you wish to arrange an early check-in or late check-out, we are pleased to offer this service at an hourly rate, subject to availability. Please note that all early check-in and late check-out arrangements are contingent upon residence availability at the time of your request. Kindly provide 24-hour notice to ensure we can best accommodate your request. Half-day rate charge -- 1:00 p.m. to 3:00 p.m. Full-day rate charge -- any time after 3:00 p.m. HOUSEKEEPING Housekeeping: Housekeeping services are not included in the room rate and are provided by and paid directly to the hotel at a rate of $100.00 per hour. Departure clean will be charged a day after check-out with a three-hour minimum plus tax. The number of hours will be determined by the condition of the residence and is at the sole discretion of The Setai Resort and Residences. 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 will include complete cleaning of the suite with complete refresh setup of clean linen terry and guest supplies. • Occasional housekeeping will include 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. Daily and occasional housekeeping may be subject to a minimum number of hours required. Bookings of 6 nights or longer will require a mid-week clean every 6 days to maintain the quality of the residence. It includes cleaning, fresh towels, and bedding change. The funds will be collected after the booking has been made. PARKING Parking: Valet service, upon availability, can be obtained directly at the property at the hotel valet rate. SECURITY DEPOSIT/DAMAGE PROTECTION Security Deposit/Damage Protection: In lieu of a security deposit, the licensee will pay a Damage Protection Fee in the amount indicated within the payment schedule. This Damage Protection Fee includes coverage for accidental property damage and contents damage. The Damage Protection Fee is included in the booking charges listed above and is non-refundable. Check-in is not permitted until the Damage Protection Fee has been received. Failure to pay the Damage Protection Fee may result in the forfeiture of any previous payments. An inventory and inspection of premises will be completed following check-out. The Damage Protection Fee may be used towards the repair of any damages to the Unit for the duration of the lease, including, but not limited to, the following: • Smoking: This residence is a nonsmoking residence. If any evidence of smoking is found inside the Residence, the Licensee agrees to pay a fine of $1,000.00 withheld from the security deposit. • Pets: Well-behaved family dogs are permitted unless they are prohibited by hotel, state law or ordinance. Residence owners retain the right of refusal. Please inquire with your LRMB Travel Advisor before booking to obtain prior approval. Service animals are always welcome. Dog(s) must be declared during guest registration and must be present upon check-in. Please keep your dog(s) on a leash (or in a carrier) when you are outside your room. In consideration of all guests, dog(s) must never be left unattended in the guest room. $200 per dog, per stay non-refundable fee will be added to the room rate. An additional $2,500 refundable pet deposit will be added to your security deposit fee. Dog owners will be responsible for their companions and for any excessive damage they may cause. You may be required to sign a pet waiver upon check in. Additional restrictions may apply, and full hotel details are available upon request. If a pet is found on the Premise without providing prior notification and obtaining consent, or if a different type of pet, 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). • Linens: You are responsible for all linens in the residence. There will be a charge for stains, tears, or damages deemed excessive of normal use. • Check-Out Fee: There will be a check out fee in the amount stated on the booking platform listed as cleaning fee. This is to cover the final clean and inspection of the residence. This fee is non-negotiable. If the housekeeping company determines excessive cleaning is required a “normal” final clean, additional funds will be deducted from the deposit. • Missing Items: Renters will be charged for any missing items reasonably attributable to Renters and not returned after notification. The cleaning service performs an inventory/survey of the property after Guest(s) depart and notifies the Licensor of any missing items. Licensor will notify Guest in case any items were inadvertently taken and provide Guest the opportunity to return the missing items. Missing items that cannot be recovered will be deducted from the security deposit. • Unpaid Incidentals: If a guest requests extra services such as grocery shopping, equipment rental, services of a housekeeper/chef/chauffeur, or incur additional charges for incidentals, payment will be taken from the credit card provided. In the event the credit card provided is declined, or if funds paid in advance are insufficient to cover the charges, payment for these charges will be withheld from the security deposit. 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 RESIDENCE 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. SUPPLEMENTAL CLAUSES 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 Residence, or the termination of this agreement by reason of damage to the Residence 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. Personal Property: Guest understands that any personal property of and used by Guest is not insured by Owner and Owner shall not be responsible for any lost, stolen or missing property of the Guest(s). If any property is left behind by the Guest(s) after checking out, please notify us immediately and LRMB will make every effort to recover it. LRMB will return the property to guest for a nominal fee plus the cost of shipping. Acceptance of Residence: The guest agrees that no representations as to the condition of the premises have been made. Guest understands that the property is reserved and accepted "sight unseen". LRMB will deliver the leased premises in a habitable condition, pursuant to applicable state law. Guest takes premises in ASIS condition. All electrical, plumbing and appliances should be in working order. The failure to operate certain extra amenities, such as TVs, cable, games, or the Internet and Wi-Fi service, is not a basis for any refund. The owner will make every effort to have these items repaired but does not guarantee that they will be repaired during Guests' occupancy. Guest must advise LRMB in writing and immediately upon arrival to the Unit of any condition or maintenance issue that Guest discovers in the property and provide LRMB an opportunity to cure. In the event of equipment malfunction within the Unit, LRMB will expedite repairs in a reasonable time and manner. No rent adjustment will be made for circumstances beyond LRMB'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. Removing, adding or changing furniture without Owner's written approval shall be deemed a material breach of this Rental Agreement, and is strictly prohibited. Under no circumstances can any interior furnishing or linen be taken outside. Guest(s) are responsible for the cost of replacement of any damage to furniture or premises and replacement of missing items. Use: The premises will be used exclusively as temporary lodging for no more than the number of guests stated on the listing in the booking platform, 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 residence 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 Residence and the Premises, any guest or Licensee pursuant to Florida Statute s. 509.141. Merger Clause: 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: Except in the case of any request in equity to eject a Licensee or guest, the Parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement, including without limitation any claims by guests against Licensee or Owner, shall be submitted to JAMS, or its successor, for mediation. If the matter is not resolved through mediation, any such dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, and any claims by guests against Licensee or Owner, shall be determined by arbitration in Miami, Florida before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. The prevailing party in any proceeding among the parties shall be entitled to recover reasonable attorneys’ fees, costs, and arbitration fees in the discretion of the arbitrator. Entry of Premises: Guest(s) permission is hereby given allowing the Licensor or Licensor's to the premises during reasonable daylight hours without securing additional prior permission from Guest(s), but Licensor shall make reasonable attempt to give Guest notice of such entry immediately prior if possible or immediately thereafter. For inventory and maintenance purposes a property management employee of the Owner or Licensor may need to enter the premises. The same permission procedure applies as above. In any emergency, Licensor or Licensor's servicing agents may enter the premises at any time without permission of Guest for the purposes of making repairs to alleviate such emergency. If Guest abandons or vacates premises, Licensor may, at their option, terminate this agreement, re-enter the premises and remove any remaining belongings of the Guest(s). The Licensee whose name appears on this reservation and who provides payment must be the person who checks in to the residence. The name on the reservation agreement must match the name on the credit card provided for payment. No other representatives or accompanying guests will be permitted to check into the residence without the Licensee. Identification and the credit card used for payment of booking charges must be presented at the time of arrival. Accepted and agreed to by: Luxury Rentals Miami Beach, Inc., a Florida Corporation