*** 28 day minimum ***
TERMS, CONDITIONS AND POLICIES
The following terms, conditions and policies are agreed to between the Tenant/Lessee and OceanDreamParadise (the Landlord/Lessor). Please take the time to review this Agreement prior to returning with the any rent monies (deposit or otherwise) and signed Short Term Rental Agreement.
1. Travel Insurance: We strongly encourage you to purchase travel insurance to protect yourself against unforeseen circumstances such as trip cancellation and interruption.
2. Security/Damage Deposit: The Security/Damage Deposit is non-negotiable. It will be refunded 15 days after departure, subject to any deductions for damage to the house or property, missing items, or “excessive cleaning” required. “Excessive cleaning” is defined as any required cleaning over 6 hours and includes, but is not limited to, removal of excessive amounts of sand in the house. The excessive cleaning fee is $250. All contents are inventoried by our staff upon your departure. Any damage to real or personal property occurring during your stay is your responsibility and you will be charged for the cost to repair and cure all damage and any incidental or consequential damage
3. Non-refundable Advance Rent Deposit: To secure the reservation, the Non-refundable Advance Rent Deposit must be returned along with the completed and signed Short Term Rental Agreement.
4. Payment Schedule: The total balance due (including the Security/Damage Deposit) must be returned 45 days prior to check-in. If the Total Balance Due is not received 45 days prior to check-in, this Short Term Rental Agreement will be deemed to have been cancelled by the Tenant and the terms of Cancellations will apply.
5. Cancellations: Since the property is being held for your reservation you are obligated for the entire term. The lesser does reserve the right to cancel and refund the full deposit to the lessee in the event the property becomes sold or a conflict of scheduling arises. Once the reservation is secured, the following terms apply for cancellations by the Tenant:
Full Refund excluding Non-refundable Advance Rent Deposit: If cancellation is made more than 60 days prior to check-in, all payment except the non-refundable rent deposit will be returned.
50% Refund: If cancellation is made 30 to 60 days prior to check-in.
No Refund: If cancellation is made less than 30 days prior to check-in.
6. Occupancy: In respect of the fragile Keys eco-system, overnight occupancy is strictly restricted to the number of tenants that are reserved for (maximum of 18) in the Short Term Rental Agreement. At no time may there be more than a total of 25 people in the house (total of number of tenants reserved for plus visitors not staying overnight). Tenants will be in default of the Short Term Rental Agreement if there are more tenants in the house overnight than the number they have reserved for or if there are more than 25 people in the house at any time. All members of the rental group must be a minimum of 10 years of age. Sorry, pets are not allowed. Violation of any Occupancy condition will be grounds for immediate eviction without refund of rent or deposit.
7. Conduct: The property is self-service without any daily housekeeping service. Washing of beach/ bath towels must be kept up during occupancy in order to ensure that excessive cleaning time is not needed after departure. Dirty dishes are to be placed in the dishwasher and cleaned. All garbage is to be put by the Tenant in the garbage cans in the containers on the ground level.
Tenant shall not keep any dangerous or flammable items that might increase the danger of fire or damage on the Premises without Landlord's consent. Tenant shall not create any environmental hazards on or about the Premises. Tenant shall not destroy, deface damage, impair or remove any part of the Premises belonging to the Landlord/Lessor, nor permit any person to do so.
Tenant may not make alterations or improvements to the Premises without first obtaining Landlord's written consent to the alteration or improvement.
Tenant will comply with all obligations imposed upon tenants by applicable provisions of building, housing, and health codes; Keep the Premises clean and sanitary; Remove all garbage from the dwelling unit in a clean and sanitary manner; and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances.
All occupants (including Tenants and visitors) shall comply with the laws and code that apply at the property address. This includes use of the property, noise, parking of cars (no parking outside gates at all), etc. Refer to Monroe County FL laws and codes online.
8. Outdoor Grill: Due to fire regulation and for your safety,the barbeque grill is permitted only on the ground level outside. It is prohibited on any decks or porches.
9. Rebates: There will be no rebates given for inoperable appliances or faulty equipment, unfavorable weather, early departure, interruption of utilities, construction in the area or maintenance problems. The only exception is hurricanes, where rebates will be given for unused nights and only when Mandatory Evacuation is ordered by the Monroe County, FL government. In case of evacuation, rebate will cover unused nights from the date the evacuation is ordered until when the order is lifted and registered occupants can return until their agreed-to check-out date.
If the Premises are damaged or destroyed other than by wrongful or negligent acts of Tenant or persons on the Premises with Tenant's consent, so that the use of the Premises is substantially impaired, Tenant may terminate the Agreement within 2 days after the damage or destruction and Tenant will immediately vacate the premises. If Tenant vacates, Tenant is not liable for rent that would have been due after the date of termination. Tenant may vacate the part of the Premises rendered unusable by the damage or destruction, in which case Tenant's liability for rent shall be reduced by the fair rental value of the part of the Premises that was damaged or destroyed.
10. Personal Property: All personal property of the tenant(s) on the said premises shall be and remain his sole responsibility and risk, and the owner shall not be liable for damages to, or loss of such personal property arising from any acts of negligence of any other persons, nor from the leaking of the roof, or from bursting, leaking, or overflowing of water or sewer pipes, or from heating or plumbing fixtures, or from the handling of electrical wires or fixtures, or from any cause whatsoever, nor shall the owner be liable for any injury to the person of the tenant(s) or other persons in or about the premises, the tenant(s) expressly agreeing to save the owner harmless in all such causes and events.
11. Locked Rooms/Closets/Cupboards/Garage: These locked areas contain the owners’ personal items. These areas are not included in the Short Term Rental Agreement and are not available to the Tenant or occupants or their guests, visitors.
Note there is a separate apartment on the ground floor which is occupied year round by two of our associates.
12. What is Included: Bedding, linens, bath towels, beach towels, chairs and umbrellas, toilet and facial tissues, soaps (bath, kitchen and laundry), dishwasher liquid, garbage bags, paper towels, coffee filters.
13. What is Not Included: Charcoal or gas for BBQ grill, food, beverages, seasonings, shampoo, conditioner, transport to and from the airport.
14. Indemnification: Landlord is not liable or responsible for damage or injury occurring from act or omission by reason of weather, act of war, civil disorder, cause majeure; immigration actions or otherwise not within owner/manager control, nor any consequential or incidental damage. Landlord shall not be liable for any loss caused by Tenants own negligence or willful conduct.
In the event of any action arising, as per our agreement, the parties agree that jurisdiction and venue shall be exclusively in Monroe County, governed by Florida law and each WAIVES TRIAL BY JURY and agree that the prevailing party shall be entitled to reasonable attorney's fees and costs and any monetary award shall have interest at the highest non-usurious rate.
The undersigned Tenant hereby releases, agrees to indemnify and hold harmless the property owner, his agents and officers, of and from any and all liability, claims, demands, actions and causes of action whatsoever, arising out of or related to any loss, damage, or injury, including death, that may be sustained by the undersigned or any person (including Tenant’s guests), or any property of the undersigned or any person (including Tenant’s guests), as a result of any cause arising out of the use of the house, pool, beach area or property.
15. Right of Entry: Tenant agrees owner/landlord/lessor or their respective representatives may enter the Premises during reasonable business hours to make necessary repairs or to respond to any complaint or concern. Our on-site associate is obliged by the County to notify us of any complaint about occupants so we can respond within one hour.
16. Assignment: Tenant shall not assign this Agreement or sublet the Premises in whole or part without advance written permission of the owner. The Lease shall be binding upon and for the benefit of the distributes, heirs, next of kin, executors, personal representatives, successors, and permitted assigns of Landlord and Tenant (and Tenant’s guests), subject to the requirements specifically mentioned in the Lease. Whenever used, the singular number shall include the plural or singular and the use of any gender shall include all appropriate genders.
17. Entire Agreement: This is a 4-page Short Term Rental Agreement and reservation confirmation, which outlines the conditions and financial terms of your rental. This agreement represents our complete understanding and no other agreement exists unless written into this agreement. No verbal agreement shall be binding.
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