Palmera Hospitality – Terms of Service

Effective date: July 19, 2025

Governing Jurisdiction: California & Florida (based on property location)

1. Booking & Eligibility

  • Minimum stay: 30 consecutive nights unless otherwise specified.

  • Must be 21+ with valid government-issued ID and payment method.

  • If booked via third-party platform or agency, all guest names and contact information must be disclosed and included in the lease.

  • All adult guests (18+) must complete and pass a background and credit screening before lease approval.

  • Primary guest is liable for ensuring all occupants comply with lease terms and these Terms of Service.

  • Palmera Hospitality complies with all federal, state, and local fair housing laws. We do not discriminate based on race, color, religion, national origin, sex, familial status, disability, sexual orientation, or gender identity.

2. Pricing & Payment

  • Full Payment Required to Confirm Reservation:
    All bookings require 100% prepayment of the following, due within 72 hours of lease signing:

    • Full payment for the entire stay

    • Security deposit (2x monthly price)

    • Nonrefundable cleaning fee

    • Pet fee (if applicable)

    • Optional add-ons (e.g. pool heating, extra cleanings)

    • Failure to remit full payment within 72 hours of lease signing will result in automatic cancellation and the property will be made available to other guests.

  • Accepted Payment Methods:
    We accept credit/debit cards via Stripe (subject to a 3.5% processing fee), ACH, or Zelle. Payment instructions will be sent upon approval.

  • No Pay, No Stay:
    Your reservation is not confirmed until payment is received in full. Failure to pay within the 72-hour window may result in cancellation and release of the property to other guests.

  • Pricing Transparency:
    Rates vary by season, guest profile, length of stay, and location. Pricing is subject to change until a lease is signed and payment is received.

  • Guest authorizes Palmera Hospitality to charge any payment method or card on file for damages, unpaid balances, or additional fees as outlined in these Terms and the signed Lease.

  • Guests agree not to initiate chargebacks or payment reversals without first contacting Palmera Hospitality to resolve any concerns. Fraudulent chargebacks may be pursued to the fullest extent permitted by law.

  • Additional charges may apply for:

    • Pool heating (when applicable)

    • Utility overages beyond cap

    • Additional cleaning services during stay

    • Optional add ons

3. Fees, Deposits & Insurance

  • Security Deposit Required:

    • 2x monthly payment. Refundable within 14 days of check-out if:

      • No damage or excessive wear.

      • No lease/code violations.

      • All keys/remotes returned.

  • Nonrefundable Cleaning Fee: $600 per stay.

  • Nonrefundable Pet Fee: $650 per approved pet; max two pets.

  • Lost keys/remotes will be charged a $250 replacement fee.

  • Renters Insurance:

    • Required for all stays.

    • Must include $100,000+ liability coverage with Palmera Hospitality listed as an additional interest.

    • Proof required prior to check-in and must remain active for the duration of the lease term.

4. Cancellation & Refund Policy

  • Cancellations must be made in writing and are subject to lease terms.

  • Refunds are granted based on notice before your scheduled check-in.

    • Cancellation Notice Before Check-In Refund Eligibility:

      • 30+ days: Full refund minus $250 admin fee

      • 15–29 days: 50% refund of total prepayment

      • <15 days: No refund of prepayment or fees.

  • Early Departures, No-Shows, and Evictions:

    • No refunds are issued for:

      • Early departure after check in

      • No-shows

      • Eviction due to Terms of Service or lease violations

  • Refundable Deposit:

    • Security deposit will be returned within 14 days of check-out, pending inspection and confirmation of no damages or violations.

  • Guests acknowledge that nearby construction, landscaping, wildlife activity, or neighborhood noise may occur and shall not constitute grounds for refund or complaint.

  • Refunds for valid cancellations (if applicable) will be issued within 10 business days to the original payment method.

5. Guest Conduct & House Rules

Guests must:

  • Provide information in the booking application that is accurate and complete. Providing false or misleading information may result in cancellation or immediate termination of the stay without refund.

  • Respect the property (no unauthorized repairs, modifications, or damage).

  • Not tamper with WiFi, smart home, or surveillance systems.

  • Supervise children and pets at all times.

  • Keep pets off beds, couches, and outdoor furniture.

  • Comply with quiet hours: 9:00 PM to 8:00 AM.

  • Not engage in disruptive conduct, parties, or public intoxication.

  • Abide by all House Rules in the signed lease.

Damages:

Guests are solely responsible for any and all damage or loss to the property, furnishings, fixtures, appliances, and grounds caused by themselves, co-travelers, visitors, children, and pets. Costs exceeding the deposit will be billed directly.

6. Use of Property

  • Residential use only: No events, subleasing, or commercial activity without written consent.

  • No smoking, vaping, or drugs indoors or outdoors on the property.

  • No unregistered overnight guests.

  • Check in instructions will be sent the day before check in, including a unique smart lock code.

  • Check out instructions will be sent the day before check out - all keys/remotes must be returned to the locations specified.

  • No Unauthorized Third-Party Listing or Advertising:

    • Palmera Hospitality does not authorize or permit the advertising, reposting, or listing of any of its properties on any third-party short-term rental or booking platform. Any such action constitutes a material breach of these Terms and may result in immediate termination of the agreement without refund. Violators may be held liable for damages, legal fees, and loss of business resulting from unauthorized listings.

  • Violations may result in immediate termination without refund.

7. Holdover & Unauthorized Occupancy

Guests are granted a temporary license to occupy the property for the agreed rental period as outlined in the signed lease. This license does not create a month-to-month tenancy, leasehold, or ownership interest of any kind.

If a guest or their property remains on the property beyond the lease end date without written approval, they will be considered a holdover occupant and may be subject to:

  • Immediate legal action for unlawful detainer (eviction)

  • Daily holdover fees of $500 per day

  • Forfeiture of security deposit

  • Liability for legal and administrative costs associated with removal

Palmera Hospitality reserves the right to initiate formal eviction proceedings in accordance with state law (California or Florida) if a guest remains in unauthorized possession of the property after the lease term ends.

8. Access, Utilities & Amenities

  • Guest access includes home, outdoor space, and driveway (garage and coat closet access not guaranteed).

  • Utilities included with monthly cap of $350; overages billed monthly.

  • Pool maintenance (San Marcos only) and landscaping included.

  • Optional Add-Ons:

    • Pool Heating: $275/week (San Marcos only)

    • Extra Cleaning Service: $180 (San Marcos), $170 (Miami)

    • Curated Tours & Local Experiences: Available by request at both locations

9. Security & Surveillance

  • Exterior cameras are installed and clearly visible at entry points, the driveway, and the backyard.

  • These cameras operate 24/7 and record video for guest safety and property protection.

  • No cameras are installed inside the home or in private areas.

  • Tampering with surveillance, WiFi, or safety systems is strictly prohibited and may result in immediate termination of your stay without refund.

10. Application Process & Requirements

  • Applications are subject to approval.

  • Application fees are nonrefundable unless required by law.

  • Guests must pass screening and submit signed lease, deposit, and valid insurance certificate prior to receiving access.

11. Legal, Indemnification & Limitation of Liability

  • Guest assumes all liability and risk of injury to guest, co-travelers, visitors, pets, property loss, and damage during stay.

  • Palmera Hospitality is not liable for:

    • Injury due to stairs, pools, amenities or stays on the property

    • Theft, vandalism, or natural disasters

    • Utility outages or neighborhood disturbances

  • Guests agree to indemnify and hold harmless Palmera Hospitality, its affiliates, and property owners from any claims arising from their stay.

12. Force Majeure

Palmera Hospitality shall not be liable for any failure or delay in performance arising out of causes beyond its reasonable control, including but not limited to: acts of God, natural disasters (e.g., hurricanes, earthquakes, wildfires), power outages, severe weather, pandemics, government orders, labor strikes, terrorism, or other events that make occupancy unsafe, impracticable, or impossible. In such cases, Palmera Hospitality will make reasonable efforts to reschedule the reservation but is not obligated to issue a refund.

13. Dispute Resolution & Arbitration Clause

Any disputes arising out of or related to these Terms or the use of the property will be resolved exclusively through binding arbitration administered by National Arbitration and Mediation (“NAM”) in accordance with its Consumer Arbitration Rules in the jurisdiction where the property is located (California or Florida).

  • All parties waive the right to a jury trial or to participate in a class action.

  • Each party bears its own arbitration and legal fees unless otherwise awarded by the arbitrator.

  • Arbitration will follow the NAM Consumer Arbitration Rules.

  • The arbitrator’s decision shall be final and binding and enforceable in any court of competent jurisdiction.

14. Governing Law

These Terms are governed by the laws of the State where the property is located (California or Florida).

15. Updates to Terms

Palmera Hospitality reserves the right to amend or update these Terms of Service at any time. Any changes will be posted on our website and will take effect no less than 30 days after notice is provided. Continued use of our services after such changes constitutes acceptance of the updated Terms.

16. Communication, Feedback, and Surveys

Palmera Hospitality values guest input as part of our commitment to exceptional service. A brief post-departure survey will be sent to the email address on file after your stay. Your participation is appreciated and helps us enhance the guest experience.

By booking with Palmera Hospitality, you consent to receive transactional emails and occasional updates related to your stay or future offerings. You may opt out of non-transactional messages at any time.

17. Contact

All inquiries should be submitted to:

  • info@palmerahospitality.com

  • Include your full name, stay dates, and property location.