Villa Paraiso Vacation Rentals LLC (VPVR)

TERMS & CONDITIONS OF OCCUPANCY AGREEMENT

DBPR License: DWE5405064Dwelling

This Occupancy Agreement (“Agreement”) is between Villa Paraiso Vacation Rentals LLC (“VPVR”) and the undersigned individual(s) (“Guest”). By electronically signing and initialing where requested, Guest acknowledges having read and agrees to these Terms & Conditions, which comply with and reference relevant Florida laws (including Fla. Stat. §§ 509.141, 509.151, 82.045, 413.08, and more).

1. PARTIES & BOOKING REQUIREMENTS

1. Primary Guest Age: At least 25 years old (or active military). The named Guest must occupy the property during the entire rental period.
2. Occupancy Limits: Defined in the property listing (and subject to Monroe County ordinances). Infants/children do count toward occupancy limits.
3. Identification: Guest must provide (1) a driver’s license (or other government ID) and (2) front and back of the credit card used for payment, to finalize the reservation.
4. Transient Status: Guest agrees they are a transient occupant under Florida law, including §82.045 Fla. Stat., with no rights to tenancy.
   • Guest Initials: __________

2. PAYMENTS & ACCOUNTING

1. Reservation Deposit: 50% of the total rental cost + fees required upon booking.
2. Balance Due: The remaining balance is due 60 days prior to arrival. If not received by Day 50, VPVR may cancel the reservation and re-list the property.
3. Payment Methods: Visa, MasterCard, American Express, or paper checks (bank/personal).
4. Non-Payment: Failure to pay by the due date may result in cancellation without further notice.
   • Guest Initials: __________

3. CANCELLATION & REFUND POLICY

1. 61 Days or More before Arrival:
   • 50% refund of amounts paid, minus a $350 administrative cancellation fee.
2. 60 Days or Fewer:
   • No refund of any amounts paid; no date changes or rebooking permitted.
3. Travel Insurance Strongly Recommended:
   • We urge guests to purchase travel insurance (e.g., Generali). Unless mandated by law (e.g., official hurricane evacuations), no refunds beyond this policy.
4. Example Calculation: If total paid is $2,000 and Guest cancels 61 days prior, we refund $1,000 (50%), then deduct $350, so net refund is $650.
   • Guest Initials: __________

4. DAMAGE WAIVER & SECURITY

1. Nonrefundable Damage Waiver: $45 covers accidental, unintentional damage up to $3,000 (no deductible).
2. Report Damages Immediately to qualify for coverage. Exclusions include intentional damage, gross negligence, unauthorized pets, or any violation of this Agreement.
3. Guest Liability: If damage exceeds $3,000 or is excluded under the waiver, Guest’s credit card on file will be charged for repair or replacement costs.
   • Guest Initials: __________

5. TABLE OF FEES & FINES

Note: These fines address unauthorized or willful acts. Standard wear/tear or accidental harm up to $3,000 is typically covered by the Damage Waiver (see Section 4).

• Guest Initials: __________

6. QUIET HOURS & PROPERTY USE

1. Quiet Hours: 10:00 PM – 7:00 AM daily; comply with Monroe County and local noise ordinances.
2. No Parties/Events: Unauthorized gatherings can lead to eviction under §509.141 Fla. Stat.
3. Social Functions: Must be pre-approved in writing if outside normal occupancy guidelines.
4. No Non-Transient Status: Guest waives any defense to non-transient status under Fla. Stat. § 82.045.
   • Guest Initials: __________

7. SMART HOME TECHNOLOGY & MONITORING

1. Remote Monitoring: Property uses smart home technology to ensure policy compliance, which may include:
   • Thermostats (to prevent excessive energy usage)
   • Door locks (for security)
   • Pool/spa heater controls (to prevent damage)
   • Decibel meters (to enforce quiet hours)
   • Video surveillance (limited to front door and pool area only)
2. Privacy: No cameras are installed in bedrooms, bathrooms, or other private areas.
3. Tampering: Guest agrees not to tamper with, disable, or damage any monitoring devices. Violations will result in a $500 fee per device plus cost of replacement.
   • Guest Initials: __________

8. PET POLICY & DOG ADDENDUM

1. Maximum Pets: Up to four (4) dogs allowed if each is declared and the Pet Fee is paid. Cats or other animals require explicit written approval.

2. Pet Fee: $250 per pet per stay.

3. Service Animals: Defined by §413.08 Fla. Stat. (2022). Service Animals are exempt from fees if properly disclosed. Misrepresenting a service animal is a misdemeanor.

4. ESA (Emotional Support Animal)** ≠** Service Animal. ESAs are subject to standard pet rules and fees.

5. Pet Rules:

   • Must be crated if left alone.
   • No pets on furniture/bedding.
   • No pets in pool.
   • Must be up-to-date on vaccinations and on leash when outside.
   • Clean up all waste.
   • Violations can incur fees or eviction.

6. Pet Addendum: Please list up to four dogs:

   1) Breed: ________________________   Weight: _______
   2) Breed: ________________________   Weight: _______
   3) Breed: ________________________   Weight: _______
   4) Breed: ________________________   Weight: _______
   

   • Guest Initials: __________

9. POOL, SAFETY & HEAT

1. Swim at Your Own Risk: No diving; supervise children, elderly, or at-risk persons.
2. Pool Heater Fee:
   • $250/week (+ taxes & fees) if requested before arrival
   • $325/week (+ taxes & fees) if added after check-in
3. No Temperature Guarantee: Heat is set up to ~90°F; no refunds if it doesn’t meet a preferred warmth.
4. Pool Heat Timing: Pool may take up to 48 hours to reach maximum temperature. No refunds for dissatisfaction with pool heat.
5. Keep Gates/Doors/Pool Alarms engaged where required by law. Report any malfunction.
   • Guest Initials: __________

10. WATERFRONT PROPERTIES & BOATS

1. Dock Verification: Guest must verify water depth and dock length when booking waterfront properties.
2. Boat Restrictions:
   • Boats over 30 feet are prohibited
   • Trailers are prohibited without written permission from VPVR
3. Storm Safety: Guest must remove any boat and not use the dock if a severe storm warning or tropical storm watch is in effect.
4. Florida Boating Regulations: Guest must comply with all Florida boating regulations, including Chapters 327 & 328 of the Florida Statutes.
5. Waiver of Liability: By signing, Guest acknowledges the inherent risks of waterfront activities and accepts full responsibility for themselves and their party.
   • Guest Initials: __________

11. PROPERTY CONDITION & “AS IS”

1. Property “As Is”: Minor changes or normal wear/tear may differ from listing photos.
2. Maintenance Issues: If plumbing, A/C, or other issues arise, notify VPVR promptly. No refunds for minor/temporary outages.
3. Bed Bugs: Property was inspected; if discovered, Guest must vacate immediately and can be liable for associated treatments if the infestation is presumed guest-introduced.
4. No Smoking/Vaping anywhere on the property (inside or out).
   • Guest Initials: __________

12. HURRICANE, WEATHER, FORCE MAJEURE & EVACUATIONS

1. Hurricane Season: June 1 – Nov 30.
2. Mandatory Evacuation: If local authorities issue an evacuation order for the rental area, Guest may receive a prorated refund of unused nights if they do not have insurance.
3. No Other Weather Refunds: Inclement weather or flight cancellations outside official orders are not grounds for a refund; travel insurance is strongly recommended.
4. Force Majeure: Neither party shall be liable for failure to perform obligations if such failure is a result of Acts of God (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout, interruption or failure of utilities, pandemic, epidemic, government-ordered shutdown, or any other cause beyond the reasonable control of the party. In such circumstances, Guest may rebook for a future date within 12 months, subject to availability and any rate differences.
   • Guest Initials: __________

13. CREDIT CARD CHARGEBACK & FRAUD

1. No Chargebacks: Per Florida Innkeepers Statute (§ 509.151 Fla. Stat.), disputing a valid charge after occupying the property may be considered a felony.
2. Refund/Dispute Procedures: All concerns must be handled via VPVR’s grievance, arbitration, or legal process.
   • Guest Initials: __________

14. EVICTION & REMOVAL

1. Grounds: Violation of major terms (e.g., unauthorized party, illegal acts, exceeding occupancy) can lead to immediate removal under § 509.141 Fla. Stat.
2. Official Notice:

   “You are hereby notified that this establishment no longer desires to entertain you as its guest, and you are requested to leave at once. To remain after notification is a misdemeanor under Florida Law.”

3. Forfeiture of Payments: If evicted, Guest forfeits all rental fees paid.
   • Guest Initials: __________

15. LEGAL TERMS & FORUM

1. Forum & Choice of Law: The 16th Judicial Circuit of Florida (Monroe County) shall have exclusive jurisdiction for litigated claims. Florida law applies exclusively.
2. Arbitration for Certain Disputes: Claims over $15,000 or as designated by law may be subject to binding arbitration per AAA rules.
3. Attorneys’ Fees: Prevailing party in any dispute or litigation arising from this Agreement is entitled to reasonable attorneys’ fees and costs.
4. Indemnification: Guest shall defend and hold VPVR (and its agents/owners/employees) harmless from any third-party claims or losses caused by Guest’s acts or omissions.
5. Third-Party Services: VPVR may recommend third-party service providers (e.g., chefs, boat rentals, tours, childcare, etc.) as a courtesy. Guest agrees to hold VPVR harmless from any liability, damage, cost, or expense related to Guest’s use of any such recommended services or vendors. Any vendor or service used by Guest is solely at Guest’s discretion and risk.
6. Falsified Information: Any falsified information provided during booking (including but not limited to age, identity, number of guests, or purpose of stay) constitutes a material breach of this Agreement and may result in immediate termination without refund and additional charges.
   • Guest Initials: __________

16. PERSONAL PROPERTY & LOST ITEMS

1. Guest Property: VPVR not liable for lost/stolen personal belongings.
2. Insurance Disclosure: VPVR’s property insurance does NOT cover Guest’s personal belongings. Guest is encouraged to obtain travel insurance that includes personal property coverage.
3. Left-Behind Items: If found, we can ship them to you at your expense. Items unclaimed after 40 days may be discarded or donated.
4. As-Is & No Warranties: No warranties beyond those explicitly stated here.
   • Guest Initials: __________

17. ENTIRE AGREEMENT & SIGNATURE

1. Entirety: Supersedes all prior verbal or written statements.
2. Severability: Invalid clauses do not nullify the remainder of this Agreement.
3. Modification: Only a VPVR Authorized Agent may amend these Terms, and only in writing.
4. Electronic Execution: This Agreement may be signed electronically and/or in counterparts, and is effective upon Guest’s acceptance (click or signature).

On Behalf of Villa Paraiso Vacation Rentals:
Authorized Signer: ___________________________ Date: ___________

THANK YOU

We appreciate your cooperation in observing these rules, which ensure a safe, enjoyable stay and compliance with Florida law. If you have any questions, please contact us at:

Villa Paraiso Vacation Rentals LLC
Email: info@paraisovacationrentals.com
Phone: (786-348-1396)