Fontainebleau 2-3505

Terms and Conditions: I

DESCRIPTION OF RESIDENCE AND RESERVATION DETAILS This Vacation Rental Agreement (“Agreement”) describes the Terms and Conditions of Luxury Rentals Miami Beach, Inc

, a Florida Corporation (“Licensor”), located at 301 W 41st St

#502, Miami Beach, Florida 33140, as agent of the Owner of the Property (“Owner”), who agrees to rent accommodations to the “Licensee” or “Guest” booking the reservation at the rate stated on the booking platform beginning and ending on the dates specified in the booking reservation

CONTRACT INCLUSIONS AND NON-AFFILIATION  This vacation rental agreement is for a fully furnished apartment that includes water, electricity, basic cable, air conditioning, Wi-Fi and access to certain amenities located on the property at which accommodations are being leased

Any additional use charges shall be the sole responsibility of the Licensee

“Premises” shall refer to all common areas which the Owner of the Residence, and in turn the Licensee and its registered guests, may enjoy during the rental, subject to any limitations imposed by this Agreement, the law, or any applicable rules or regulations

Please note that, if necessary, Licensor may access the Residence to service the Residence or for repair purposes during Licensee’s stay and will provide reasonable notice to the extent possible

Licensee acknowledges that although its rental residence may be located within, or physically connected to, Fontainebleau Miami Beach, Licensee is renting a privately-owned residence which is not owned, operated, or otherwise endorsed, sponsored, or affiliated with or by Fontainebleau Miami Beach

II

PAYMENT AND CANCELLATION POLICY – PAYMENT PLAN Payment Policy:  To finalize your booking, this agreement must be signed and returned, and all charges as specified in the Booking Charges section above are to be paid: (a) the lease amount, (b) checkout cleaning fee and any additional housekeeping requested or required (c) all applicable taxes and/or fees

Payments for Booking Charges and Security Deposit are due on or before the dates specified in the Payment Schedule section above

For the convenience of our guests, Luxury Rentals Miami Beach accepts payment with VISA, MasterCard, Discover, AMEX, or payment by electronic check

For reservations thirty (30) or more days, payments must be made via wire

Luxury Rentals Miami Beach may agree to accept payment via Visa, Mastercard, Discover and/or American Express at its discretion

Cancellation Policy: Cancellation Policy varies by residence and rental dates booked

Please see the rental agreement generated after reserving your dates for your reservation’s specific cancellation policy

Listed below are the different cancellation policies imposed by Luxury Rentals Miami Beach, Inc

Please note that cancellation policies are specific to the residence and dates reserved

Cancellation requests made at least five (5) days prior to arrival will be issued a 100% refund

Within five (5) days all sales are final; no refunds will be issued

All reservations that are paid for with credit card and cancelled that are eligible for a refund will be charged a 3% administrative fee

The 3% administrative fee will be charged on the total amount of the booking including all rent and fees

Final Sale/No Refund

III

SECURITY DEPOSIT/DAMAGE PROTECTION Security Deposit/Damage Protection Security Deposit/Damage Protection: In lieu of a security deposit, the licensee will pay a Damage Protection Fee in the amount indicated within the payment schedule

This Damage Protection Fee includes coverage for accidental property damage and contents damage

Complete terms regarding the Trust and Safety coverage can be found at  http://safely

com/terms

The Damage Protection Fee is included in the booking charges listed above and is non-refundable

Check-in is not permitted until the Damage Protection Fee has been received

Failure to pay the Damage Protection Fee may result in the forfeiture of any previous payments

An inventory and inspection of premises will be completed following check-out

The Damage Protection Fee may be used towards the repair of any damages to the Unit for the duration of the lease, including, but not limited to, the following: Smoking: This unit is a nonsmoking unit

If any evidence of smoking is found inside the Unit, the Licensee will be charged $1,000

00 from the security deposit

Pets: Well-behaved family dogs are permitted unless the hotel, property owner, state law or ordinance prohibits them

Service animals are always welcome

Dog(s) must be declared during guest registration and present upon check-in

Please keep your dog(s) on a leash (or in a carrier) when you are outside your room

Regarding all guests, dog(s) must never be left unattended in the guest room

$200 per dog, per stay non-refundable fee, will be added to the room rate

An additional $2,500 refundable pet deposit will be added to your security deposit fee

Dog owners will be responsible for their companions and any excessive damage they may cause

You may be required to sign a pet waiver upon check-in

Additional restrictions may apply, and full hotel details are available upon request

If a pet is found on the Premise without prior notification and obtaining consent, or if a different type of pet, breed, or size than was authorized is found on the Premises, Licensee shall be considered in violation of this Agreement

In the event of such a violation, the Licensor may, without limitation of any other remedies available to the Licensor hereunder, at law, or in equity, elect to (i) terminate this Agreement and cause Licensee and all occupants to vacate the Premises, in which event Guest shall forfeit all rental amounts paid; and (ii) impose a fine equal to fifty per cent (50%) of the total rental amount per unauthorized pet

Events/Parties: No events or parties are permitted on the premises at any point during the lease term

Violation of this term will result in complete forfeiture of the security deposit and any damages caused by the licensee and/or guest(s)

Linens: You are responsible for all linens in the unit

There will be a charge for stains, tears, or damage deemed excessive for normal use

Check-Out Fee: The final checkout fee is included in your booking total as specified in the first section

This is to cover the final cleaning and inspection of the unit

This fee is non-negotiable

If excessive cleaning beyond a "normal" final clean is determined to be necessary, additional funds will be deducted from the deposit

Missing Items: Renters will be charged for any missing items reasonably attributable to Renters and not returned after notification

The cleaning service performs an inventory/survey of the property after the Guest(s) depart and notifies the Licensor of any missing items

The licensor will notify the Guest in case any items were inadvertently taken and provide the Guest with the opportunity to return the missing items

Missing items that cannot be recovered will be deducted from the deposit

Unpaid Incidentals: If a guest requests extra services such as grocery shopping, equipment rental, services of a housekeeper/chef/chauffeur, or incurs additional charges for incidentals, payment will be taken from the credit card provided

In the event, the credit card provided is declined, or if funds paid in advance are insufficient to cover the charges, payment for these charges will be withheld from the security deposit

THE LICENSEE AGREES THAT ANY DAMAGES TO PROPERTY OR CONTENTS DURING THE TERM OF THE RENTAL WILL RESULT IN MONIES BEING WITHHELD FROM THE SECURITY DEPOSIT OF THE UNIT, AND THE LICENSEE WILL BE CHARGED AT REPLACEMENT VALUE

IN THE EVENT OF EXTRAORDINARY DAMAGES, THE LICENSEE SHALL BE HELD RESPONSIBLE, AND HIS/HER CREDIT CARD WILL BE CHARGED ACCORDINGLY

IV

TRIP INSURANCE Travel Protection Insurance: We strongly recommend purchasing travel insurance, offered at 6

95% of the total amount due

Luxury Rentals Miami Beach has partnered with Red Sky Travel Insurance to provide Sun Trip Preserver© coverage for our guests

Sun Trip Preserver provides cancellation and interruption services, emergency assistance, and travel services

Protect yourself in the event of hurricane evacuations and family emergencies such as illness or death in the family

The travel insurance is optional, costing 6

95% of your total reservation stay

To learn more about Sun Trip Preserver or to file a claim, please visit: http://trippreserver

com/sun-trip

html Phone: 866-889-7409 Email: redsky@archinsurance

com Mail: Red Sky Travel Insurance c/o Arch Insurance Company Executive Plaza IV 11350 McCormick Road, Suite 102 Hunt Valley, MD 21031 V

CHECK-IN/CHECK-OUT TIME: Check-in is at 4:00 p

m

, and Check-out is at 11:00 a

m

Should you wish to arrange an early check-in or late check-out, we are pleased to offer this service at an hourly rate, subject to availability

Please note that all early check-in and late check-out arrangements are contingent upon residence availability at the time of your request

Kindly provide 24-hour notice to ensure we can best accommodate your request

Half-day rate charge -- 1:00 p

m

to 3:00 p

m

Full-day rate charge -- any time after 3:00 p

m

VI

ADDITIONAL CLAUSES: HOUSEKEEPING: Housekeeping services during your stay are not included in the room rate

All housekeeping requests are to be scheduled through LRMB

Outside housekeepers are not permitted without approval by LRMB

Additional housekeeping services are available for an additional rate (plus tax)

For prices and scheduling, you may contact your Guest Services Agent or call Property Management at 1-888-720-8372

If you would like to request housekeeping services, kindly provide 24-hour notice so that we may accommodate your request

Bookings over 6 days will require a mid-week clean, every 6 days to maintain the quality of the unit

It includes cleaning, fresh towels, and bedding change

The funds will be collected after the booking has been made

You may cancel a housekeeping request for no charge with 12-hour notice

Last-minute cancellation of housekeeping requests will be charged at the standard rate

Delaying access to housekeeping for longer than thirty (30) minutes will incur a $40

00 wait fee

PARKING: Valet: Is available at valet rates

VII

SUPPLEMENTAL CLAUSES: Limitation of Liability: Licensee acknowledges that Licensor is acting as an agent of the Owner in this transaction

Neither the Licensor, Owner, nor any of their agents or employees shall have any liability to Licensee, or its guests, agents, and invitees, for any damage, injury, loss, or claims related to or arising from the interruption in the use of the Premises or any equipment or services therein, any accident or damage resulting from Licensee or Licensee's agent's or invitee's use or operation of the Premises, the heating, cooling, electrical, sewage, or plumbing equipment of the building or the Unit, or the termination of this agreement by reason of damage to the Unit or Premises by reason of fire, robbery, theft, vandalism, any other casualty, or any acts of any other tenant, guest, owner or occupant of the building

Additionally, liability for damage to, or loss of, the Licensee's and/or guests' property is limited by Florida Statutes 509

111

Notwithstanding, in no case shall the Licensor or Owner be liable to the Licensee, its guests or invitees for any reason or cause whatsoever for any amount more than 50% of the total contract price of this Agreement

Personal Property: The guest understands that the Owner does not insure any personal property of and used by the Guest, and the Owner shall not be responsible for any lost, stolen, or missing property of the Guest(s)

If any property is left behind by the Guest(s) after checking out, please notify us immediately, and LRMB will make every effort to recover it

LRMB will return the property to the guest for a nominal fee plus the cost of shipping

Acceptance of Unit: The guest agrees that no representations as to the condition of the premises have been made

Guest understands that the property is reserved and accepted "sight unseen"

LRMB will deliver the leased premises in a habitable condition, pursuant to applicable state law

Guest takes premises in ASIS condition

All electrical, plumbing and appliances should be in working order

The failure to operate certain extra amenities, such as TVs, cable, games, or the Internet and Wi-Fi service, is not a basis for any refund

The owner will make every effort to have these items repaired but does not guarantee that they will be repaired during Guests' occupancy

Guest must advise LRMB in writing and immediately upon arrival to the Unit of any condition or maintenance issue that Guest discovers in the property and provide LRMB an opportunity to cure

In the event of equipment malfunction within the Unit, LRMB will expedite repairs in a reasonable time and manner

No rent adjustment will be made for circumstances beyond LRMB's control, malfunction or loss of use of equipment or amenities

Guest shall maintain the premises in good, clean, and tenantable condition throughout the tenancy, use all electrical, plumbing, heating, cooling, appliances, and other equipment in a reasonable and prudent manner, and remove all garbage in a clean and sanitary manner

Removing, adding, or changing furniture without the Owner's written approval shall be deemed a material breach of this Rental Agreement and is strictly prohibited

Under no circumstances can any interior furnishing or linen be taken outside

In inclement weather, Guests shall secure outdoor items, including but not limited to furniture cushions and pillows, which may be vulnerable to loss in high wind conditions

Guest(s) are responsible for the cost of replacement of any damage to furniture or premises and the replacement of missing items

Due to Miami’s high humidity, properties are prone to mold

Reducing moisture and proper housekeeping significantly reduces the chance of mold and mold growth

During the months of May through and including October, the Guest agrees to utilize air-conditioning (with a temperature set no higher than 76) and to keep the premises properly ventilated

Sliding doors and windows shall not be left open while air conditioning is running to prevent condensation on walls and inside units

Guest agrees to report in writing any visible or suspected mold, all A/C problems or abnormalities, any leaks, moisture accumulations or major spillages

Failure to comply with these directions will constitute a breach of this agreement, and the Guest will be liable for damage sustained to the premises

Use: The premises will be used exclusively as temporary lodging for no more than the number of guests stated on the listing in the booking platform, including minors, unless payment has been made for additional persons

(Please provide a list of the names of all intended occupants on the last page of this contract)

If persons not identified in this agreement as a Guest or other occupants are found to be using/occupying the Premises, a fee of twenty percent (20%) of the total rental amount will be automatically deducted from the Security Deposit for each additional person

Additionally, if any laws or condominium association rules regarding occupancy are broken, the Guest will pay all fines associated with each such violation

If hotel security is called to the unit more than once, the entire deposit is forfeited as a penalty for disturbing the peace and failure to abide by the hotel rules and regulations

Please note that Licensor may access the Unit to the extent necessary to service the Unit during Licensee's stay

All guests must comply with all applicable laws, regulations, ordinances, and rules, including, without limitation, the rules of the Hotel and/or Condominium Association

In addition, any unreasonable disturbance or actions that constitute a breach of peace or nuisance is unacceptable

If either of the above-mentioned occurs and is not rectified within one warning from the hotel, monies will be deducted from your deposit

The hotel has the right to remedy any situation they see fit, up to and including eviction from the premises

The amount is determined by the landlord

Owner shall be a third-party beneficiary to the agreements made hereunder between the Licensor and the Licensee and shall have the right to enforce such agreements directly as if it was a party thereto to the extent it may deem such enforcement necessary or advisable to protect its rights

Ejection of Guest: Licensor or Hotel may remove, or cause to be removed, from the Unit and the Premises, any guest or Licensee pursuant to Florida Statute s

509

141

Merger Clause: The parties intend this writing as the final expression of their agreement and as a complete and exclusive statement of the terms of their agreement

No course of prior dealing between the parties and no usage of the trade is relevant to explaining this agreement

Additionally, neither the Licensee nor the Owner is responsible nor liable in any manner for any representations (or misrepresentations) made by any third party, including but not limited to statements made by the Guest's broker or agent

Choice of Law and Arbitration Clause: Except in the case of any request in equity to eject a Licensee or guest, the Parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement, including without limitation any claims by guests against Licensee or Owner, shall be submitted to JAMS, or its successor, for mediation

If the matter is not resolved through mediation, any such dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, and any claims by guests against Licensee or Owner, shall be determined by arbitration in Miami, Florida before one arbitrator

The arbitration shall be administered by JAMS pursuant to its Arbitration Rules and Procedures

Judgment on the Award may be entered in any court having jurisdiction

The prevailing party in any proceeding among the parties shall be entitled to recover reasonable attorneys’ fees, costs, and arbitration fees in the discretion of the arbitrator

Entry of Premises: Guest(s) permission is hereby given allowing the Licensor or Licensor to the premises during reasonable daylight hours without securing additional prior permission from Guest(s), but Licensor shall make a reasonable attempt to give Guest notice of such entry immediately prior if possible or immediately thereafter

For inventory and maintenance purposes, a property management employee of the Owner or Licensor may need to enter the premises

The same permission procedure applies as above

In any emergency, Licensor or Licensor's servicing agents may enter the premises at any time without permission of the Guest for the purposes of making repairs to alleviate such emergency

If the Guest abandons or vacates the premises, Licensor may, at their option, terminate this agreement, re-enter the premises and remove any remaining belongings of the Guest(s)

Accepted and agreed to by:  Luxury Rentals Miami Beach, a Florida limited liability company

The Licensee whose name appears on this contract and who provides payment must be the person who checks into the unit

The name on the contract must match the name on the credit card provided for payment

No other representatives or accompanying guests will be permitted to check into the unit without the Licensee

Identification and the credit card used to pay booking charges must be presented upon arrival

IX

PAYMENT AUTHORIZATION Credit Card/ACH Payment Authorization You are hereby authorizing LRMB to process scheduled charge(s) to your credit card as per the payment terms indicated on your rental agreement

The total amount charged is displayed on the contract agreement and again below

A receipt for each payment will be provided to you

If you choose to pay with a credit card, the charge will appear on your statement

If you have chosen to pay by e-check, the charge will appear on your bank statement

You agree that no additional prior notification will be provided

A payment authorization form will be sent to you to authorize Luxury Rentals Miami Beach to use your chosen method for the payment of your booking total according to the payment terms of your agreement

***Please provide the same information for payment that was provided at the time of booking

The payment information provided must be in the same name as the person whose name is on the contract

*** I understand this authorization will remain in effect until I cancel it in writing

I agree to notify Luxury Rentals Miami Beach in writing of any changes in my account information

If the above-noted payment dates fall on a weekend or holiday, I understand that the payments may be executed on the previous or next business day

I acknowledge that the origination of Credit Card transactions to my account must comply with the provisions of U

S (United States)

law

I certify that I am an authorized user of this Credit Card

I will not dispute these scheduled transactions so long as the transactions correspond to the terms indicated in this authorization form

Authorization to Process Payment as indicated above: I hereby authorize Luxury Rentals Miami Beach to charge the agreed-upon amount to my credit card provided above, according to the specified payment terms

I agree that I will pay for this purchase in accordance with the terms and conditions of the agreement

X

GUEST ARRIVAL INFORMATION As your arrival date approaches, please be on the lookout for a welcome email with check-in instructions

Please ensure we have all your arrival information to coordinate with you and assist with the check-in process

If you have any questions, please do not hesitate to contact us via email at: concierge@luxuryrentalsmiamibeach

com

Please let us know if you are interested in any of the following services: ·         Transportation from the Airport ·         Grocery Shopping ·         Crib/Highchair/Stroller Rental ·         Private Chef ·         Boat or Car Rental ·         Restaurant Reservations Payment authorization will be required for any additional services requested