SHORT TERM RENTAL LEASE

THIS IS A LEGALLY-BINDING CONTRACT. IF NOT UNDERSTOOD, SEEK COMPETENT COUNSEL.

This Vacation Rental Agreement (“Lease”) is made on ______________ by and between Maribel Maldonado, hereinafter called AGENT/OWNER/RENTAL Manager of the premises (sometimes referred to as “Maribel Maldonado” and sometimes as“AGENT”), and

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GUEST/RENTOR
  
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ADDRESS
 _______________
CITY
 _______________
STATE
 _______________
ZIP
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TELEPHONE(H)
 ___________________________________________________
CELL PHONE
___________________________________________________
EMAIL ADDRESS
 _______________
TOTAL IN PARTY
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EMERGENCY CONTACT
 ___________________________________________________
EMERGENCY CONTACT TELEPHONE NO.

 

hereinaftercalled GUEST whether one or more. Witnessed that in consideration of the mutual covenants and conditions herein, AGENT, solely on behalf of Owner, does hereby lease and rent to GUEST/RENTOR the premises located at Apto #1003 Condominio Racquet Club, Carolina, Puerto Rico 00979 and known as Racquet Club, hereinafter called PREMISES, on the following terms and conditions:

This Lease shall begin on ARRIVAL DATE: ____________ and ends on DEPARTURE DATE: ____________.

Check-In Time: 3PM

Check-Out Time: 11AM

This agreement does not create a tenancy of residence. You must depart at the appropriate time. Premise occupancy limited to 5 guests including children. And for such term, GUEST agrees to pay to AGENT the total rental shown below with the maximum number of people being 5. This Lease is subject to state and local taxes which may change from time to time.

Security Deposit: $200
Rental Rate: $
Tourism Tax @ 7% : $
Cleaning Fee: $65
Total Rental Rate: $

SECURITY DEPOSIT/DAMAGE CLAIM:A damage/reservation deposit of $200 is required. The deposit is not applied towards rent; however, it is fully refundable within 14 days of departure, provided the following provisions are met:

PAYMENTS: Within 7-10 days of booking your reservation, you must return the signed Lease and damage/reservation deposit of $200 to OWNER/AGENT. Payments will not be accepted without signed lease and therefore will result in an unconfirmed reservation.  A copy of this Lease can be printed from the website. Total rental rate includes rent, cleaning fees, and tourism tax. An advanced payment equal to 100% of the total rental rate is required sixty (60) days prior to arrival, unless an installment plan has been agreed upon by Agent and rentor. Within the sixty (60) day reservation period, payment in full is required. Cashier's checks, personal checks, money orders, and credit cards are all acceptable forms of payment. Upon reservation, guest shall provide guest's credit card information and guest's signature to cover any damages and/or expenses incurred during stay exceeding $200. Credit card information and signature will be provide by GUEST with a security deposit and will be charged only if damage claims exceed $200. It will be destroyed after inspection following departure. Should your credit card get charged for payment or damages exceeding $200, you will see a charge to your credit card by Borinquen Vacation.

CANCELLATION REFUND POLICY: Any cancellation received sixty (60) days or more prior to the arrival date will be subject to a full refund of prepaid rent plus damage/reservation deposit less a cancellation fee of $100.00. A cancellation must be in writing and acknowledged by AGENT. Any cancellation received within sixty (60) days of the arrival date forfeit the damage/reservation deposit. Any prepaid rent is subject to a full refund. Any cancellations received within 30 days forfeit the damage/reservation deposit and 25% of prepaid rent. For changes that result in a shortened stay forfeit the damage/reservation deposit and 50% of prepaid rent. Full refund of security/damage deposit and prepaid rent will be refunded if AGENT is able to re-rent the property for your original stay dates. Should any governmental agency disallow the rental of the PREMISES, all deposits shall be refunded to GUEST and GUEST shall have no claim against AGENT.

  1. GUEST accepts the above terms and agrees to be held responsible for all breakage or other damage or loss to the PREMISES which may result from occupancy of the PREMISES except normal wear.
  2. GUEST shall take good care of the PREMISES including appliances, equipment and furnishings. GUEST takes full responsibility for all conditions caused by the negligent or wrongful act or omission of the GUEST(S) and/or person(s) accompanying GUEST.
  3. If GUEST defaults in the performance of any of the obligations contained herein, AGENT shall be entitled to recover all costs and expenses as well as court costs and reasonable attorney’s fees.
  4. AT THE END OF THE TERM, GUEST IS RESPONSIBLE FOR LEAVING 11:00 AM check out time. All dishes should be placed in the kitchen sink, all food removed from refrigerator and placed in trash, all trash removed from the PREMISES and all beds stripped prior to departure at check-out. GUEST will be responsible for excessive cleaning charges at the AGENT's discretion.
  5. Upon execution of this contract, OWNER shall provide GUEST with two sets of all necessary keys to facilitate access to building premises and to the living unit object of this lease agreement. GUEST shall reimburse OWNER full cost of repair or replacement if any or all keys are subject to negligent malfunctioning, loss or theft.
  6. GUEST agrees that no tents, RVs, trailers, boats or overnight campers shall be placed or parked on the PREMISES. One authorized vehicles will be permitted to park in designated parking area.
  7. GUEST agrees and acknowledges that (a) rearranging of furniture is not permitted; (b) charcoal grilling shall not be allowed in the apartment or close to the house or rental building; and (c) that construction may be ongoing at adjoining or nearby properties and that neither AGENT nor Owner is responsible for any objectionable noise or activity related to the same.
  8. GUEST acknowledges that the equipment and furnishings at the PREMISES are to the Owner’s taste and are set up for normal housekeeping. Kitchen equipment, mattress pads, pillows and bedspreads, bed linens and bath towels are provided. Guest will provide, paper products, cleaning supplies, and food items. GUEST shall not be entitled to any rebate for inoperative appliances or air conditioners. AGENT, upon being notified by GUEST of any malfunction, will make every reasonable effort to have such appliances or air conditioners repaired. Replacement or repair of any television, VCR, DVD player, radio, and stereo equipment or any other advertised equipment or amenity, when provided by the Owner, is not guaranteed.
  9. GUEST shall not use, occupy or permit the described premises or any part thereof to be used or occupied for any unlawful, illegal or immoral or hazardous purpose.
  10. Loud and unruly behavior will not be tolerated. If AGENT is notified by neighbors, police officials, or condominium association as a result of such behavior, GUESTS will forfeit the deposit and will result in immediate eviction.
  11. GUEST acknowledges that if the PREMISES is equipped with a private pool/hot tub/spa and/or has access to a community pool/hot tub/spa (the “Facilities”), then GUEST hereby accepts and agrees to the following: (a) GUEST shall ensure that the Facilities are used in a safe manner at all times and that use of the Facilities by minors is supervised by an adult; (b) unsafe and/or unsupervised use of the Facilities by GUEST, minors or persons invited on the PREMISES by GUEST shall permit AGENT to terminate IMMEDIATELY WITHOUT NOTICE GUEST’s, minor’s and persons invited on the PREMISES occupancy of the PREMISES; (c) GUEST shall indemnify and hold Maribel Maldonado (its officers, employees, agents and equity holders) and the Owner of the PREMISES harmless from and against any and all liabilities, claims and expenses for personal injury or property damage resulting from unsafe and/or unsupervised use of the Facilities by GUEST, minors and/or persons invited on the PREMISES by GUEST.
  12. GUEST agrees to indemnify and hold harmless AGENT and the Owner(its officers, employees, and equity holders, representatives) from and against any liability for personal injury or property damage sustained by any person (including minors and GUEST’s invitees) as a result of any cause or failure of AGENT or Owner to comply with any governing Puerto Rico law or statutes unless caused by negligent or willful act of AGENT or the Owner. GUEST agrees that AGENT, the Owner or their respective representatives may enter the PREMISES during reasonable hours upon reasonable notice to GUEST to inspect the PREMISES, to make such repairs, alterations or improvements thereto as AGENT or owner may deem appropriate, or to show the PREMISES to prospective purchasers or guests.
  13. AGENT has the right and GUEST waives any legal action in the event AGENT believes that a hazardous condition exists in the apartment, and decides the apartment is not fit for rental. In such a case, the OWNER will refund:
    • any unused portion of the rent from a guest currently registered or
    • any unused portion of the rent from a guest that is scheduled to arrive
    • the security deposit less any sums retained by AGENT for damages, lost items, and/or excessive cleaning charges, shall be refunded
  14. In the event that GUEST does not take possession of the PREMISES or make payments as provided herein, it shall be considered a breach of this Lease and AGENT may re-rent the PREMISES without liability on the part of AGENT to GUEST. After the Lease is signed, rental deposits will be returned only if and when AGENT is able to re-rent the PREMISES for the original stay days covered by this Lease.
  15. AT NO TIME shall the number of persons be in excess of the occupancy limit as referenced on Page 1 with the exception of temporary visitors. Exceeding the occupancy limit shall be deemed a breach of this Lease and AGENT has the right to terminate the Lease and retain the total rental fee plus the Security Deposit. The hosting of parties anywhere on the PREMISES is not permitted without AGENT approval.
  16. The Security Deposit less any sums retained by AGENT for damages, and/or excessive cleaning charges, and/or lost items shall be refunded within fourteen (14) days from day of Guest’s departure.
  17. No smoking is allowed in the PREMISES.
  18. The PREMISES are not available to “Spring Breakers” or persons under the age of twenty-five (25) unless accompanied by a parent or guardian or a preapproval by agent/owner. If preapproved by agent/owner all terms in this lease remain applicable. Misrepresentation shall void this Lease and all monies shall be forfeited.
  19. Owner/AGENTis neither responsible nor liable for loss, theft or personal injuries or casualties sustained by GUEST and/or persons accompanying GUEST.
  20. This Lease agreement provides for the use, free of charge, of the parking space identified as #1003, located by premises of the building. Owner/AGENT shall not be held liable for any damages to property, or other persons while in use of such space or while driving within building premises, nor will the OWNER be held liable for loss or theft of GUEST’S property. Upon execution of this contract, OWNER shall provide GUEST a remote control to be used to gain access to premises with a motor vehicle.GUEST shall reimburse OWNER full cost of repair or replacement if such beeper unit or sticker is subject to negligent malfunctioning, loss or theft. No visitor’s parking is available at the premises of the building. Parking in unauthorized space will result in tickets of assessments. Vehicles must be registered with the condominium office. A temporary sticker will be issued for your vehicle. A lost sticker, or failure to return stickers to the Administrative Office, will result in a $100.00 assessment.
  21. This Lease shall be governed by and interpreted in accordance with the laws of Puerto Rico. Any action relating to this Lease shall be instituted and prosecuted in the Superior Court of Puerto Rico
  22. GUEST shall pay reasonable attorney’s fees and all costs in the event that GUEST fails to comply with its obligations under this Lease and the matter is referred to an attorney by AGENT. If any action at law or in equity shall be brought under this Lease, or for account of any breach of, or to enforce or interpret any of the covenants, terms, or conditions of this Lease, or for the recovery of possession of the PREMISES, the prevailing party shall be entitled to recover from the other party, reasonable attorneys fees and costs, the amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered.
  23. Except as prohibited by law, Owner/AGENT and GUEST hereby knowingly, voluntarily and intentionally waive the right to a trial by jury in respect to any litigation based hereon, or arising out of, inducement for Owner and AGENT to enter into the Lease.
  24. This Lease contains the entire agreement between the parties hereto, and all previous negotiations leading hereto and it may be modified only by an agreement, in writing signed by the AGENT and GUEST. The covenants and conditions herein contained shall apply to and bind the heirs, successors, executors, administrators and legal assigns of the parties to this Lease provision.
  25. If for any reason any of the clauses of the lease, is declared null, the remaining clauses will remain valid and in full effect.
  26. We supply games and activities for our guests, however some games have small pieces or parts and are not suitable for young children, i.e. toddlers and infants, who may put things in their mouths. Do not allow young children to play unsupervised with games.
  27. GUEST and AGENT agree to the Lease and the Terms and Policies on the these pages.

HURRICANE OR STORM POLICY

No refunds will be given unless:

The day that the National Weather Service and/or governmental authorities order a mandatory evacuation in a “Tropical Storm/Hurricane Warning”, the OWNER will refund:

No refunds are given for tropical storms or voluntary evacuations.

RATE CHANGES

Rates subject to change without notice.

CONDOMINIUM RULES

Observe condominium rules. Failure to observe rule could result in gate beepers being disconnected and fines.

CREDIT CARD PAYMENT AUTHORIZATION

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ACCOUNT NAME (IF DIFFERENT FROM CARDHOLDER)
 _________________________________________
CARDHOLDER NAME
____________________________________________________________________
CARDHOLDER BILLING ADDRESS
Mastercard Visa Other _________________________________________
CREDIT CARD ACCOUNT #
_________________________________________
EXPIRATION (MO/YR)
 _________________________________________
CARDHOLDER SIGNATURE

Please sign below and initial the bottom of each previous page to acknowledge that you have read this Lease in its entirety and agree to the terms contained herein. This Lease become valid when signed by both GUEST and Maribel Maldonado (”AGENT/OWNER”).

_________________________________________
GUEST/OCCUPANT
 ________________
DATE
_________________________________________
AGENT/OWNER
 ________________
DATE
_________________________________________
AUTHORIZED REPRESENTATIVES
 ________________
DATE

Maribel Maldonado
3121 Middletown Road
Apt 12E
Bronx, NY 10461
Cell: (917)653-2644
Fax: (646)349-1070
www.borinquenvacation.com
e-mail: info@borinquenvacation.com, borivacation@gmail.com