Thanks for your business, we hope you enjoy your stay with Meli Resorts!
OCCUPANCY: Guest may not have more than a maximum of 20 persons on the property at any one time during their stay. If Guest anticipates more than 20 persons on the property, then Guest must obtain prior written approval by Meli Resorts.
ARRIVAL & DEPARTURE: Check-in time is no earlier than 4:00 PM on arrival date. This time may be delayed should unforeseen circumstances arise. Check-out time is NO LATER than 10:00 AM on the departure date. Early Check-In and Late Check-Out options are available for an additional fee if available (Not an option during Peak Times). If Early Check and/or Late check-out are approved you will get an email confirmation from the reservation team.
VEHICLE PARKING: Vehicles are not to be parked on streets or in any areas other than the driveway for designated home. No more than 5 vehicles will be parked on the property at any given time. Any vehicles parked outside these designated areas will be towed at the Guest’s expense.
ACCESS TO THE PROPERTY: A representative of SD2 or any Code Enforcement personnel may enter the home for inspection purposes at any time.
THEFT POLICY: Any items stolen from the unit will be billed to the guest at replacement cost and deducted from the security deposit.
DAMAGE POLICY: Any damage in the unit will be billed to the guest at replacement cost and deducted from the security deposit.
SECURITY DEPOSIT: A security deposit of $1,000 will be required with the final payment to cover any damage or theft to the property. Guest acknowledges and agrees that any damage to the property caused by the negligence of the guest or by any invitees of guests including but not limited to carpet stains, cigarette burns, missing items, damaged items, damage of electronic equipment shall be deducted against the security deposit. Any noise violation could result in a loss of the entire security deposit. Your security deposit is fully refundable within 30 days of checkout after a no damage inspection is completed.
SECURING PROPERTY: Guest is responsible to lock all doors, gates, and open access areas before leaving the property.
SPECIAL EVENTS. The Property is for residential use only and has maximum occupancies. Parties or gatherings of any kind are strictly prohibited without prior written authorization. Guests shall forfeit all rent for the balance of the term of the reservation for any violations of this paragraph.
PAYMENT AND CANCELLATION POLICIES: Rentals require 50% of rent, at time of booking. Final payment, including all taxes, is due 90 days prior to arrival. All cancellations made 90 days or less prior to arrival are non-refundable. There will be no refunds for early departures or late arrivals. All no-shows are non-refundable. All cancellations must be writing. There will be a 10% cancellation fee of the deposit. Any refunds will be made within 30 days of cancellation.
Force Majeure. In the event that an act of God a/k/a “force majeure event”, including but not limited to hurricanes, tropical storms, tropical depressions, flooding, war, erosion, or any other calamity beyond SD3’s control causes the Property to be uninhabitable, inaccessible, evacuated, or damaged, Guest shall not be entitled to a refund of the amounts paid to SD2 and SD2 shall not be liable for any refund to Guest for any amounts paid for any failure or inability in the performance of this Agreement. This provision supersedes the payment and cancellation provision of paragraph 11 above. We do recommend travel insurance for your protection.
LIMITS OF LIABILITY: Guest agrees to release, hold harmless, and indemnify Southern Diversion Three, LLC and its employees, officers, agents, contractors, and designees from liability arising from any accidents, damage, loss or claims whether arising out of Guest’s own acts of those of others which may result in injury or death or damage to property. Southern Diversion 2 LLC is not responsible for guest’s lost or stolen property. Guest shall release Southern Diversion 2 LLC it’s agents, principals, contractors, employees at all times hold them clear and harmless from any claims, liens, demands, charges, encumbrances, litigation (Whether prosecuted to judgment or not), arbitration, legal costs and fees and judgments arising directly or indirectly out of any actual or alleged death of or injury to any person or animal. Any actual or alleged damage to or destruction of any of guests property and other actual or alleged damage or loss whatsoever resulting or alleged to result in whole or in part from any actual or alleged event or occurrence with respect to the property or any other matter which is subject to this agreement.
HOT TUBS/ Pools/ ocean: Swimming in the hot tubs, pools, and ocean are at the Guest’s own risk. No guest may use the pool or hot tub if the guest is not able to swim. Children under 18 must be accompanied by an adult during use of pools and hot tubs. Guest warrants that no persons using pools and hot tubs have a medical issue that would be exacerbated by the use of hot tubs or pools. Guest waives any liability against Southern Diversion TWO LLC for any injury or death resulting from the use of the hot tubs, pools, and ocean.
PERSONAL CRAFTS. Use of docks, bikes boats, jet skis, and kayaks (“Personal Crafts”) on the Property shall be done at Guest’s own risk. Guest warrants that no persons using any Personal Crafts have a medical issue that would be exacerbated by the use of Personal Crafts. Guest waives any liability against Southern Diversion One LLC for any injury or death resulting from the use of any Personal Crafts.
NO SMOKING POLICY: Smoking is not allowed on the Property. If evidence of smoking in the property is detected during or after your stay there will be a complete loss of security deposit. Any additional cost over or above the security deposit to repair smoke damage will be billed to the Guest.
SPECIFIC UNIT GUARANTEE: Though we try our hardest to keep you in the unit that you have booked, emergencies and other factors beyond our control do arise and may force us to occasionally relocate a guest or group. We reserve the right to relocate a guest to a unit, of equal to or greater value as deemed by Southern Diversion 2 LLC at no extra charge to the guest, should such an occasion arise.
PETS: Pets are not allowed on the property. If a guest has a pet without our express, written permission, SD3 reserves the right to charge damages and penalty fees, or to immediately evict the guest.
HOUSEKEEPING: Premises will be delivered to Guests in a professionally cleaned condition. Should Guest's use and activity require more than regular cleaning services, Guests will be charged for associated excess costs.
PHONE SERVICE: The phone service provided on the Property has a long-distance restriction. You must use a credit card, calling card, or call collect to avoid a $25.00 per call processing fee. There is no charge for local and toll-free calls.
CONSTRUCTION: Construction projects may occur frequently. There may be construction around your complex during your stay, which is beyond our control. SD2 is not responsible for lost items or valuables left in your rental unit.
DISPUTE RESOLUTION: Any disputes over property conditions shall be resolved between guests and owners. All resolutions will be filed in Monroe County, Florida. The prevailing party shall be entitled to Attorney’s fees.
TERMINATION: SD1 has the option to cancel this agreement and refund Guest’s deposit at any time.
RULES AND REGULATIONS: Guests agree to follow and comply with any and all municipal, county, and state rules and laws during their occupancy of the Property, including but not limited to the rules and regulations contained at the end of this document, which are incorporated herein as part of this Rental Agreement.
RESERVATIONS: All Reservations are subject to Management and Property Owner approval. Online rates are subject to change without notice. Should there be ANY issues with the reservation, you will be contacted within 48 hours.
APPROVED GUESTS AND USE: The Premises are for the sole use as a personal vacation residence by Approved Guests. Reserving Guest is responsible for any guests that use the property during the term of this agreement. Guests may not exceed Max Occupancy for Property at any time. If the Premises are used, in any way, by more than the max allowed guests, (i) Guest and all others may be required to immediately leave the Premises or be removed from the Premises; (ii) Guest is in breach of this Agreement, and (iii) Guest forfeits its right to return of any monies collected.
CONDITION OF PREMISES: Guest shall, on arrival, examine the Premises, all furniture, furnishings, appliances, fixtures, and landscaping, if any, and shall immediately report, in writing, if any are not in operating condition or are in disrepair. Reporting repairs do not give Guest the right to cancel this Agreement or receive a refund of any payments made.
LOST ITEMS OR LEFT ITEMS: Management assumes no responsibility for lost, stolen, or abandoned items. Reasonable effort will be made to contact the Guest for return. There will be a $25.00 handling charge plus shipping costs for any found items returned at Guest’s request. Management shall not be held liable for the condition of said items. Any items not claimed for longer than 30 days, may donate or sell.
MAIL SERVICES: You may ship directly to the home that you are staying in using FedEx or UPS while you are in the home, however, we can not guarantee delivery or security of the package. This will be up to the shipping client and the shipping receiver to arrange. **We are not responsible for any lost, damaged or delayed deliveries. Returning late deliveries after a guest has left will incur an additional fee, plus the cost of shipping.
ILLEGAL SUBSTANCES: No illegal substances are allowed in the rental, and minors should not be in possession of alcohol. Violations will result in eviction from the property and no refunds will be issued.
TV/CABLE/INTERNET/SATELLITE: No refund shall be given for the number of devices, outages, content, or lack of content or personal preferences with regard to cable/internet/satellite service. Services are provided as a convenience only and are not integral to this agreement. No refund shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to service.
SYSTEM(S) FAILURES: In the event, the rental unit sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, hot tub or other system or structural systems, neither the property owner nor the Management shall be liable to Guest for damages, and no refunds will be given for such failures. However, Management will make an effort to promptly repair or replace the failed system or equipment, and in such an event, Guest agrees to permit Manager or its service provider to have reasonable access to the property to inspect and make such repairs.
UNFORESEEN OCCURRENCES: Management will not assume liability for any loss, damage or inconvenience caused by but not limited to the following: weather conditions, natural disasters, pests, construction, acts of God, or other reasons beyond its control. There shall be no refunds available as such instances are beyond the control of Management. It is highly recommended that Guest considers travel and/or rental insurance.
RULES AND REGULATIONS. Guests agree to follow and comply with any and all municipal, county, and state rules and laws during their occupancy of the Property, including but not limited to the rules and regulations contained at the end of this document, which is incorporated herein as part of this Rental Agreement.
MAINTENANCE & REPORTING: Guest shall properly use, operate, and safeguard the Premises including, if applicable, any landscaping, furniture, furnishings, appliances, and all mechanical, electrical, gas, and plumbing fixtures, and keep them clean and sanitary. Guest shall immediately notify Management of any problem, malfunction or damage. Guest shall pay for all repairs or replacements caused by Guest, excluding ordinary wear and tear. Guest shall pay for all damage to the Premises as a result of failure to report a problem, malfunction or damage in a timely manner.
ENTRY: Management and Managements representatives and agents have the right to enter the Premises, at any time, (i) for the purpose of making necessary or agreed repairs, decorations, alterations, improvements, for maintenance or to supply necessary or agreed services; (ii) to verify that Guest has complied with the terms of this Agreement; or (iii) in case of emergency. Management and Management representatives and agents have the right to enter the Premises, upon reasonable notice of at least 24 hours, to show the Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers or contractors.
WEATHER/MOTHER NATURE: We cannot be held responsible for circumstances beyond our control. This includes excessive noise from construction or public/private events, wildfire/smoke, weather-related interruptions, road closures, lack of snow, frozen pipes, interruption of services and utilities or unexpected appliance breakdown. Properties that are listed as Ski-in/ Ski-out, Ski Access, Walk to ski, and the ski accessible homes are subject to weather and we cannot be held responsible weather/snow conditions that make these homes ski accessible.
PERSONAL PROPERTY AND INJURY: (i) Owner Insurance: Guest personal property, including vehicles, are not insured by Owner or, if applicable, HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner/Management does not insure against personal injury to guests, guests, or licensees due to any reason other than the condition of the Premises. (ii) Guest Insurance: Management recommends that Guest carry or obtain insurance to protect guests and licensees and their personal property from any loss or damage. (iii) Indemnity and Hold Harmless: Guest agrees to indemnify, defend and hold harmless Owner and Management from all claims, disputes, litigation, judgments, costs, and attorney fees resulting from loss, damage or injury to Guest or licensees or their personal property.
MEDIATION: Guest agrees to mediate any dispute or claim arising out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved.
JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Guest, each one shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually with every other Guest.
ENTIRE CONTRACT: Time is of the essence. All prior agreements between Owner and Guest are incorporated in this Agreement, which constitutes the entire contract. It is intended as a final expression of the parties` agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever may be introduced in any judicial or another proceeding, if any, involving this Agreement. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this Agreement. The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach.
RELEASE: In consideration of the right to visit the home, Guest agrees to release to the fullest extent allowed by law, Owner and its Management, members, officers, associates, employees, agents, representatives, attorneys, assigns, and affiliates (collectively, the Affiliates) from all liability or responsibility of any kind whatsoever for any personal injury, death, property damage or other loss sustained by me, my minor children, any guest identified on this form, or any guest or person allowed onto the property during my rental dates as a result of my, my children or the guest's participation in a visit to the home, due to any cause whatsoever, including without limitation negligence on the part of Owner or Management. I understand that this release will bind my heirs, administrators, executors, and any other person or entity seeking to claim under or through me.
NOTIFICATION TO OTHER GUESTS: The Guest signing below acknowledges and agrees that it has the legal capacity and authorization to sign on behalf of all adults and minors in its party. If the Guest below does not have such authority, then this agreement is not binding until all persons having legal authority to bind all persons in Guest’s party have signed this agreement. It is the responsibility of the person signing below to inform all individuals (otherwise associated with this party) about the applicable policies and the ramifications of all content of this contractual agreement. Southern Diversion One LLC accepts no liability for the failure to inform all individuals falling under this contract.
WRITING REQUIRED. Any changes to this Agreement must be made in writing and signed by both parties.
PROPERTY MANAGER: In the event that any issue or problem arises with the property, Guest may contact the property manager.
Monroe County Rules and Regulations
1) No more than one motorized watercraft, including a jet ski or wave runner, shall be allowed at each vacation rental unit. The watercraft may be moored at either an existing on-site docking facility or stored on a trailer in an approved parking space.
2) Vehicles, watercraft and trailers shall not be placed on the street or in yards. All vehicles, watercraft and boat trailers must be parked or stored off-street in parking spaces specifically designated and approved in the special vacation rental permit. One vehicle parking space shall be required per bedroom or efficiency unit and one boat trailer space per vacation rental unit.
3) No boat docked at a vacation rental property shall be chartered to a person other than registered guests of the vacation rental unit or used for live-aboards, sleeping or overnight accommodations. In addition, recreation vehicles shall not be used for sleeping or overnight accommodations at the vacation rental unit.
4) Occupants shall be prohibited from making excessive or boisterous noise in or about any residential dwelling unit at all times. Noise, that is audible beyond the boundaries of the residential dwelling unit, shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m. weekdays and 11:00 p.m. and 9:00 a.m. on weekends.
5) All trash and debris on the vacation rental property must be kept in covered trash containers. Each vacation rental unit must be equipped with at least four covered trash containers for such purpose. Owners must post, and occupants must comply with, all trash and recycling schedules and requirements applicable to the vacation rental unit. Trash containers must not be placed by the street for pick-up until 6:00 p.m. the night before pick-up and must be removed from the area by the street by 6:00 p.m. the next day.
6) A tenant's agreement to the forgoing rules and regulations must be made a part of each and every lease under F.S. § 509.01 for any vacation rental unit subject to the provisions of this section. These vacation rental regulations governing tenant conduct and use of the vacation rental unit shall be prominently posted within each dwelling unit subject to the provisions of this section along with the warning that violations of any of the vacation rental regulations constitutes a violation of this Code subject to fines or punishable as a second degree misdemeanor and is also grounds for immediate termination of the lease and eviction from the leased premises and criminal penalties under F.S. § 509.151 ("defrauding an innkeeper"), F.S. § 509.141 ("ejection of undesirable guests"), F.S. § 509.142 ("conduct on premises) or F.S. § 509.143 ("disorderly conduct on premises, arrest").
7) The owner or agent shall require a lease to be executed with each vacation rental use of the property and maintain a guest and vehicle register listing all vacation rental occupants' names, home addresses, telephone numbers, vehicle license plate and watercraft registration numbers. Each lease and this register shall be kept by the vacation rental manager and available for inspection by county code enforcement personnel during business hours.
8) Vacation rental units must be registered, licensed and meet all applicable state requirements contained in F.S. ch. 212 (Florida Tax and Revenue Act) and F.S. ch. 509 (Public Lodging Establishments) as implemented by the Florida Administrative Code, as may be amended.
9) The vacation rental use must comply with all State of Florida Department of Health and State of Florida Department of Environmental Protection standards for wastewater treatment and disposal.
10) All vacation rental units shall have a vacation rental manager, who has been issued a vacation rental manager license by the planning department. The vacation rental manager shall reside within and be licensed for that section of the county (Upper, Middle, and Lower Keys) where the vacation rental unit is located and be available 24 hours per day, seven days a week for the purpose of promptly responding to complaints regarding conduct or behavior of vacation rental occupants or alleged violations of this section. Any change in the vacation rental manager shall require written notification to the planning department and notification by certified return mail to property owners within 300 feet of the subject dwelling.
11) Complaints to the vacation rental manager concerning violations by occupants of vacation rental units to this section shall be responded to within one hour. The neighbor who made the complaint shall be contacted by telephone or in person and informed as to the results of the actions taken by the manager. A record shall be kept of the complaint and the manager's response for a period of at least three months after the incident, which shall be available for inspection by the county code enforcement department during business hours.
12) The name, address, and telephone number of the vacation rental manager, the telephone number of county code enforcement department and the number of the special vacation rental permit shall be posted and visible from the front property line of the vacation rental unit.
13) The tenants' agreement with the rules of conduct shall be posted in a conspicuous location in each vacation rental unit.
14) Review of this permit did not consider the existence of valid private deed restrictions, restrictive covenants or other restrictions of record which may otherwise legally prohibit the use of the dwelling unit for vacation rental purposes.
Violations of any of the vacation rental regulations constitutes a violation of Monroe County Code punishable as a second degree misdemeanor and is also grounds for immediate termination of the lease and eviction from the leased premises and criminal penalties under Florida Statutes §509.151 ("Defrauding an Innkeeper"), §509.141 ("Ejection of Undesirable Guests"), §509.142 ("Conduct on Premises) or §509.143 (Disorderly Conduct on Premises, Arrest").