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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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_____________________ RENTOR OF |
____________________________, |
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GUEST/RENTOR |
YOUR MAILING ADDRESS |
| Telephone (H): _____________________ | |
| Cell: _____________________________ | |
| E-mail Address: ____________________ | |
hereinafter
called 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: ____________.
And for
such term, GUEST agrees to pay to AGENT the total rental shown below with
the maximum number of people being 4. This Lease is subject to state and local
taxes which may change from time to time.
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Fees |
Security Deposit: |
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| Rental Rate: |
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| Tourism Tax @ 7%: |
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| Total Rental Rate: |
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PREMISES
OCCUPANCY LIMITED TO 4 GUESTS INCLUDING CHILDREN.
| _____________________________ |
| _____________________________ |
| _____________________________ |
| _____________________________ |
EMERGENCY CONTACT:
Name: __________________________________ Tel: ____________________________
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
§
No
damage is done to unit or it’s contents, beyond normal wear and tear
§
No
charges are incurred due to contraband, collection of rents or services
rendered during the stay
§
All
debris, rubbish and discards are placed in dumpster, and soiled dishes are
placed in the sink.
§
All
keys are left on the kitchen table and unit is left locked
§
All
charges accrued during the stay are paid prior to departure
§
No
linens, towels are lost or damaged
§
No
early check-in or late checkout
§
Parking
passes/remote control are left inside the unit on the kitchen table upon
departure
§
The
renter is not evicted by the owner (or representative of the owner), the local
law enforcement or the security company employed by the complex.
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.
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 10:00 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.
Utilities are included unless otherwise noted. GUEST is
responsible for all toll calls and agrees to charge all such calls to the
GUEST’s home phone, credit card or calling card. If necessary, any telephone
charges will be deducted from the Security Deposit. There will be an additional
service charge assessed to the GUEST if any long distance calls are charged to
the PREMISES’ telephones.
7.
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.
8.
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.
9.
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.
10. 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.
11. 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.
12.
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.
13.
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.
14.
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
15.
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.
16.
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.
17.
The
Security Deposit less any sums retained by AGENT for damages, long distance telephone
calls, and/or excessive cleaning charges, shall be refunded within fourteen (14)
days from day of Guest’s departure.
18.
No
smoking is allowed in the PREMISES.
19.
The
PREMISES are not available to “Spring Breakers” or persons under the age of
twenty-five (25) unless accompanied by a parent or guardian. Misrepresentation
shall void this Lease and all monies shall be forfeited.
20.
GUEST
and AGENT agree to the Lease and the Terms and Policies on the previous pages.
21.
Owner/AGENT
is neither responsible nor liable for loss, theft or personal injuries or
casualties sustained by GUEST and/or persons accompanying GUEST.
22.
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.
23.
This
Lease shall be governed by and interpreted in accordance with the laws of
24.
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.
25.
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.
26.
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.
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.
Observe
condominium rules. Failure to observe rule could result in gate beepers being
disconnected and fines.
CREDIT CARD PAYMENT AUTHORIZATION__ ____________________
I authorize Maribel Maldonado to keep my signature on file and to charge my credit card as indicated below for damage claims exceeding $200. I understand this authorization remains valid unless I cancel the authorization through written notice to Maribel Maldonado. Information pertaining to credit card and/or bank account numbers will never be disclosed.
Account Name (If different from cardholder)________________________________________________
Cardholder Name______________________________________________________________________
Cardholder Billing Address (Street & zip)___________________________________________________
MasterCard_____ Visa_____Other_______
Credit Card Account # _________________________________________Expiration date mo/yr_______
Cardholder Signature__________________________________________Date______________________
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”).
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GUEST/OCCUPANT |
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AGENT/OWNER |
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AUTHORIZED
REPRESENTATIVES |
DATE |
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Maribel Maldonado
(718)652-4515
(917)653-2644
e-mail: info@borinquenvacation.com