1. RENTAL DEPOSITS AND FEES:
Reservations for Vacation Homes/villas (hereinafter defined as, the "Vacation Home") are subject to
availability and are conditioned upon receipt of a nonrefundable deposit in the amount of $5,000.00 USD. Said Deposit will be refunded by APP if the reservation is not available or if Guest cancels on or before October 1, 2022.
Payment schedule will be broken down over several payments as follows: 20% of balance due within 7 days of the Effective Date; 40% of total balance is due by January 1, 2023; and final payment and any adjustments for each booking is due in full 45 days prior to check-in.
Reservations must be paid via Automated Clearing House (ACH) processing. All payments, other than
the $5000 nonrefundable Deposit, are fully refundable until January 1, 2024.
YOUR RESERVATION WILL BE CANCELED IF THIS EXECUTED AGREEMENT AND RENTAL
BALANCE ARE NOT RECEIVED AT LEAST 45 DAYS PRIOR TO YOUR ARRIVAL. Prices are subject to change. Quotes given are valid for seven days.
2. RESERVATION MINIMUM: APP reserves the right to enforce minimum stay requirements per
villa/Vacation Home size. Any changes of headcount made to a reservation may result in changes to
villa/Vacation Home size.
We strongly recommend the purchase of travel insurance. If Guest's cancellation notice is received by
January 1, 2023, any payment less the nonrefundable Deposit is fully refundable. If Guests cancellation
notice is received prior to 45 days of start of program, Guest will forfeit the nonrefundable Deposit in
addition to 50% of all monies received. No refunds will be made if Guest cancels within 45 days prior to
start of program. Cancellations must be made directly with APPs office and must be received and
confirmed by APP in writing via mail, or email or other electronic transmission before such cancellation
will be officially acknowledged. Changes to reservation are subject to cancellation policy.
By initialing below, this hereby represents the understanding of Guest with regard to the Deposit and
cancellation policy, set forth in subsections 1 and 3.
3. CONDITIONS AND RESPONSIBILITY:
This Agreement is a binding agreement between Guest and APP. By signing this Agreement, the Guest is
legally bound to be primarily responsible for payment of all fees and charges due hereunder, and to
ensure that all other guests listed by Guest abide by all terms and conditions and rules and regulations in
APP in arranging accommodations or in rendering other services in connection therewith does so as
agent for the individual desiring such travel accommodations upon the express condition and agreement
that APP shall not be liable for any injury, loss, damage, accident, delay, irregularity or expense arising
from the use of the Vacation Home or any travel facilities, accommodations or services provided in
connection with such individuals travel plan, nor for any injury, loss, damage, accident, delay irregularity
or expense arising from strikes, war, weather, quarantines, sickness, government restrictions or
regulations, or from any act or omission of any individual, firm or corporation furnishing transportation,
sightseeing, hotel accommodations or any other services in connection therewith, nor for any additional
cost or expense due to disruption or change of advertised schedules, rates or services, or for any other
cause beyond their own control, including any inconvenience caused by construction/building work in the
APP shall not be liability for failure of public supplies such as water, electricity, Internet or breakdown of
the air conditioning system, nor for the consequences of the action or omissions of persons who may
control or supply main services, or any actions taken in the vicinity of the Vacation Home, by any authority
over which there is no control.
If the Vacation Home booked should become unavailable due to unforeseen circumstances, APP
reserves the right to offer a substitute of any advertised comparable Vacation Homes or features with
equal or greater value. If the substituted Vacation Home is of greater value an extra fee may apply, at the
reasonable discretion of APP.
APP is not responsible for, and is hereby irrevocably released by Guest and all guests or visitors of Guest
from liability for, and may not be held liable for the failure of any equipment or services in the Vacation
Home, regardless of how it may have occurred. Including, but not limited to, air conditioning units,
refrigerators, cable or internet network, pool heat etc. In the unlikely event that any equipment or services
stop performing adequately, APP may use commercially reasonable efforts, but without waiver of the
foregoing releases of liability, to be available to assist with repairs within our expertise or outsource help
with specific repairs.
APP is not responsible for, and is hereby irrevocably released by Guest, and all guests or visitors of
Guest, from liability for, and may not be held liable for any accident, loss of Vacation Home, theft, injury or
illness arising from or sustained during Guest's occupancy of the Vacation Home (or any of the other
facilities provided by APP or Management Company (as hereinafter defined), regardless of how it may
have occurred. Guest and all your Guests and visitors assume sole and complete responsibility for the
safety and security of all personal belongings, money, goods and items of any nature that are brought into
the Vacation Home by Guest or Guest or visitors of Guest. Whenever possible, valuables should be left
secure and out of sight.
4. ACH/ CREDIT CARD AUTHORIZATION:
The undersigned Guest understands, acknowledges and consents to the use of the checking account or
credit card information provided without original signature on the charge slip, and that this authorization
cannot be revoked and will not terminate until 90 days after the Vacation Home is vacated. Additional
charges may include: unauthorized long distance telephone and satellite TV charges; excessive cleaning
fees; damages beyond normal wear and tear and unreturned keys.
5. VILLA RENTAL TERMS/ OCCUPANCY LIMITS:
If the initial guest count changes before arrival, Guest must inform APP of all additions and deletions via
phone AND email ( email@example.com), and provide the names (and ages) of all additional
guests. The rental fees and charges will not be reduced if fewer guests arrive. In the event that more
guests are added prior to arrival and occupancy maximum is exceeded, an additional charge of $10.00
per guest per night may apply. Florida State does conduct periodic spot checks and APP (and Guest)
must comply with all fire code safety regulations. APP shall not offer refunds if Guest violates this policy
and is forced to vacate the Vacation Home by officials.
Maximum Guests: 5 bedrooms = 12 person maximum occupancy; 6 bedrooms = 16 person maximum
occupancy; 7 bedrooms = 18 person maximum occupancy; 8 bedrooms = 20 person maximum
occupancy; and 9 bedrooms = 22 person maximum occupancy. Please be advised, many Vacation
Homes do not have bedding for this maximum, please be aware of specific Vacation Home capacities. In
Vacation Homes that accommodate fewer than the state mandated maximum, roll-away beds, cribs and
pack-n-play rentals are available to suit families UP TO the maximum allowed by law and/or this
Agreement. If it is found any time during Guest's stay that the aforesaid maximum limitations have been
exceeded, additional rental fees will be assessed and the rental may be terminated immediately, at the
discretion of APP.
6. PET POLICIES: Unless required by law, pets and other animals will not be accommodated at any time
without prior written permission from APP. If such permission is granted, a non- refundable pet fee of
$350 must be paid prior to arrival. If the Vacation Home that Guest has booked is identified as pet
friendly, Guest must provide, in writing, an accurate description of Guest's pet, including animal type, size,
age and sex.
7. POOL POLICIES AND OPTIONAL POOL HEATER EXPENSE: The Vacation Home may be equipped
with a private swimming pool.
Use of the pool is entirely at the Guest's risk. Children must be properly supervised at all times by an
adult who is over the age of 18 years old or other legal guardian when using the pool or when around the
pool area. If pool heat is requested, it is an additional amenity fee. The pool heating price is assessed at
a daily rate. Pool heat has to be consecutive days and payment received prior to arrival. If pool heat is
requested after arrival, there must be at least five (5) days remaining for the reservation and there is an
additional $20.00 turn-on fee. Florida Law states that the pool heat cannot be above 88 degrees
Fahrenheit. It takes almost 24 hours for the pool heat to reach the desired temperature. In many Vacation
Homes, the pool and spa share the same heating system. When the spa jets are running, this diverts the
heat from the pool to the spa. APP is not liable for weather or any other act of G-D that could impact the
pool temperature, create equipment malfunctions or otherwise interfere with your use and enjoyment of
the Vacation Home.
8. RENTAL PERIOD, CHECK IN AND CHECK OUT: The rental period begins at 4:00 p.m. on the day of
arrival and terminates at 10:00 a.m. on the day of departure, unless prior arrangements have been made.
Early check ins or late departures will incur an extra charge and MUST HAVE prior written approval from
APP. The properties are professionally cleaned and inspected before and after each rental to ensure that
all Guests have a clean comfortable stay. Please be thoughtful of renters who may be checking in on the
same day that Guest checkout and leave the Vacation Home tidy and start a load of linens and dishes
prior to checking out, to speed the cleaning process. Occasionally delays may occur during peak season.
Guest is advised to review its reservation and make sure all the information including check in and check
out dates are correct.
9. INCLUSIONS: Vacation Homes offered for short-term rental through APP are provided on a self-
catering basis. APP provides complimentary starter soap, toilet paper, and trash bags. Once these items
are used, it is the Guest’s responsibility to replenish them for their own use. All Vacation Homes are within
5-10 minutes of convenience and/or grocery stores. The Vacation Home is fully equipped with cookware
and dinnerware by the Management Company (“Management Company”) that is not kosher for Pesach,
as well as linens and towels. The Vacation Home is cleaned upon Guest arrival and upon departure.
Guest is advised that it may wish to pack its own beach towels as these are not generally provided. APP
is not able to provide crib linen unless rented, please plan accordingly. Guest is advised that it may want
to bring or purchase locally shampoo, toothpaste, other toiletries, paper towels, toilet tissue, trash bags,
multi-use cleaner and detergents. Grocery shopping services are available, and Guest can order online
prior to its arrival.
10. DAMAGE AND CLEANING ISSUES: Any damage or cleaning issues noticed upon arrival should be
reported to the APP immediately. If damage or cleaning issues are not reported within 3 hours of arrival,
Guests credit card may be charged for the cost of the repair. All general maintenance issues should also
be reported so the Vacation Home can be kept in good repair. Guest must contact the cleaning company
(or APP or the Management Company) to address any cleaning issues within 3 hours of arrival.
Guest will not incur any additional charges if the following items are adhered to:
(a) No damage is done to the Vacation Home or its contents including the linens;
(b) No items are missing upon the inventory check. (“Missing items”; includes, but is not limited to,
transferring items to other Vacation Homes.);
(c) All debris, garbage and discards are placed in proper containers and there is not an excessive
amount of trash left behind.
(d) All soiled dishes are placed in the dishwasher;
(e) Baby equipment and BBQ grills used are left in clean condition;
(f) There was no exceeding the maximum occupancy of the Vacation Home;
(g) There was no smoking or evidence of smoking on or about or in the vicinity of the Vacation
(h) Vacation Home is left in neat condition; and
(i) Pet friendly Vacation Homes show no sign of pet damage or excessive cleaning required. (Please
note that non-pet friendly Vacation Homes will require fees of a minimum of $250 per room where
pet evidence is found).
Guest agrees to pay any required charges for damage or loss within 7 days of receipt of written notice
from APP. The original payment method used will be charged for any damages, excessive cleaning
required, and Guest will be notified of such charges. In the event that the Guest fails to pay any such
charge or shortfall, APP reserves the right to exercise any legal remedies to pursue the amount owed
from the Guest. Where APP finds damage or loss to the Vacation Home following the Guests departure
that, in the view of APP, constitutes malicious or wanton or excessive damage (above and beyond normal
wear and tear), APP reserves the right to notify law enforcement authorities and prosecute, in addition to
billing the Guest for the full amount of repair or replacement.
If Guest experiences any deficiencies or defects with the Vacation Homes during its stay, it shall contact
APP and APP will use commercially reasonable efforts to rectify the matter as soon as it is practically
possible. Should an issue remain unresolved, Guest is required to notify APP in writing within 7 days of
vacation of the Vacation Home. No action can be taken or liability accepted for any complaints received
after this period. APP will attempt to resolve complaints within a two month period from receipt of notice of
such complaint, the details of which will be kept confidential to only the parties involved. Please note that
as Florida is a tropical State, insects such as ants and the like are occasionally inevitable, and are not
considered an emergency, unless there is an obvious infestation. The Vacation Home is treated
periodically as part of a pest and termite control program, and is cleaned after each rental.
11. NO SMOKING: Smoking is not allowed in any Vacation Homes, unless specifically permitted, in
writing, by APP. Smoking is not allowed outside by any open window/door. Smoking policies vary in each
resort, please ask. Additional fees of at least $250 per room per week will apply to deep clean Vacation
Homes where there is any suspicion there was smoking in the Vacation Home. All cigarettes must be
disposed of properly even in designated areas where available, or fines will apply.
12. WASTE COLLECTION: Guests of the Vacation Home are responsible for proper trash disposal during
their vacation stay. Prior to departure all trash must be bagged and placed in the trash bin provided. The
Vacation Home is only supplied one (1) initial box of trash bags, Guest will need to supply trash bags for
the remainder of the stay.
13. EVICTION: Guests are expected to respect and adhere to the rules and regulations of the Vacation
Home and the applicable rules and regulations of any applicable governmental authorities, the
homeowners association (“Association”) of the applicable home Community (the “Community”)
(collectively, “Laws”). APP and Management Company reserve the right to evict Guest or any guests
staying in the Vacation Home in their sole discretion in the event of any misrepresentation of Guest in the
booking process (or in delivering any required information that is materially false), or any violation of this
Agreement or any of the rules and regulations of the Association or applicable Community or other
14. HOME SECURITY: The Vacation Home may be equipped with advanced security features, including,
but not limited to, electronic locks and monitored Vacation Home alarm systems. These features are used
to ensure the safety of any and all Guests, visitors, owners, vendors, and employees of the Management
Company that may be present on or about the Vacation Home, as well as to ensure the general security
of the Vacation Home. If the Vacation Home has an electronic lock, Guest will be provided with a unique
numerical code that will be valid for their Vacation Home and length of stay.
15. HOME ENTRY BY APP EMPLOYEES AND MANAGEMENT COMPANY: By executing this
Agreement, Guest and any parties staying in the Vacation Home, hereby authorize APP, Management
Company, their employees, and authorized vendors to access the Vacation Home without Guest or any
members of Guest party being present. Guest acknowledges that any and all valuables have been
secured or are accounted for by Guest and the entire party staying in the Vacation Home.
Acknowledgement of this statement releases APP and Management Company, their employees, and
authorized vendors from any liability for claims of missing items from the Vacation Home. Any work
requests will only be performed between the hours of 9:00AM and 5:30PM. All non-emergency work
requested after hours will be responded to the next day.
16. COMMUNITY RULES: Guest agrees to abide by rules of the Community and the Association. These
may be posted in the Vacation Home or at the Community pool or office. These rules may vary in each
17. LARGE VEHICLES: No boats, trailers or large vehicles are allowed in the Vacation Home driveways.
Most resorts do not offer parking for these vehicles, however there are local campgrounds that will allow
parking such vehicles, the costs for such parking is approximately $50 per week. Most driveways can
accommodate a maximum of two cars, additional cars will be required to park in the additional lots as
needed. Please advise APP if Guest will have more than 2 cars, so that APP may advise accordingly.
Parking in streets or blocking sidewalks is prohibited.
Any notices required or permitted to be given under this Agreement shall be in writing and shall be
deemed to have been given if delivered by hand, sent by recognized overnight courier (such as Federal
Express), sent by email, PDF or other electronic transmission , or mailed by certified or registered mail,
return receipt requested, in a postage prepaid envelope, and addressed as follows:
If to APP at:
920 NE 176th Street Miami, FL 33162
If to Guest at:
If to APP at: ________________________________
Notices personally delivered or sent by email, PDF or other electronic transmission, or overnight courier
shall be deemed given on the date of delivery, provided that any notice received after 5:00 p.m. Eastern
Time on any Business Day or received on any day that is not a Business Day shall be deemed to have
been received on the following Business Day.
(a) This Agreement shall be construed and governed in accordance with the laws of the
State of Florida. The parties further agree that venue shall lie exclusively in Miami-Dade
County Florida. All of the parties to this Agreement have participated fully in the
negotiation and preparation hereof; and, accordingly, this Agreement shall not be more
strictly construed against any one of the parties hereto.
(b) In the event any term or provision of this Agreement is determined by appropriate judicial
authority to be illegal or otherwise invalid, such provision shall be given its nearest legal
meaning or be construed as deleted as such authority determines, and the remainder of
this Agreement shall be construed to be in full force and effect.
(c) In the event of any litigation between the parties under this Agreement, the prevailing
party shall be entitled to reasonable attorneys’ fees and court costs at all trial and
appellate levels. The provisions of this subparagraph shall survive the after Guest
vacates the Vacation Homes along with other surviving provisions of this Agreement.
(d) In construing this Agreement, the singular shall be held to include the plural, the plural
shall include the singular, the use of any gender shall include every other and all
genders, and captions and paragraph headings shall be disregarded.
(e) Time shall be of the essence for each and every provision hereof.
(f) The captions used in connection with the articles and sections of this Agreement are for
the convenience only and shall not be deemed to construe or limit the meaning of the
language of this Agreement.
(g) This Agreement may be executed in multiple counterparts, each of which shall be
deemed to be an original, but all of which shall constitute one instrument. A facsimile or
similar electronic transmission of a counterpart signed by a party hereto shall be
regarded as signed by such party for purposes hereof.
(h) APP and Guest hereby voluntarily, knowingly, and intentionally, to the extent permitted by
law, waive any and all rights to trial by jury in any legal action or proceeding arising under
or in connection with this Agreement.
(i) No constituent partner in or member of agent or APP, nor any advisor, trustee, director,
officer, employee, beneficiary, shareholder, participant, representative or agent of any
corporation or trust that is or becomes a constituent partner in or agent or member of
APP shall have any personal liability, directly or indirectly, under or in connection with this
Agreement or any agreement made or entered into under or pursuant to the provisions of
this Agreement, or any amendment or amendments to any of the foregoing made at any
time or times, heretofore or hereafter, and Guest and its successors and assigns and,
without limitation, all other persons and entities, shall look solely to APP’s assets for the
payment of any claim or for any performance, and Guest, on behalf of itself and its
successors and assigns, hereby waives any and all such personal liability.
(j) Entire Agreement. This Agreement constitutes the entire agreement between the parties
and there are no other agreements, representations or warranties other than as set forth
herein. This Agreement may not be changed, altered or modified except by an
instrument in writing signed by the party against whom enforcement of such change
would be sought. This Agreement shall be binding upon the parties hereto and their
respective successors and assigns.