1.1. Welcome to the website of MAK Realty Group, a premier platform dedicated to providing short-term rental and vacation rental services. As a user of our website, you will be referred to as “You”, “Your”, or “User”.
1.2. By clicking on the “Accept” button at the end of the agreement acceptance form, you signify your agreement to these Terms and Conditions. Please review this entire Agreement thoroughly before accepting its terms. Any activity conducted on our website is subject to these Terms and Conditions.
1.3. By using our website, you are deemed to have read and agreed to the following Terms and Conditions set forth herein, along with any incidental documents and links mentioned. Your use of the website should align strictly with these Terms. Any actions or commitments made beyond the scope of these Terms will be at your own risk. These Terms and Conditions form part of the Agreement between you, the User, and MAK Realty Group. Your access to our website, and/or your undertaking to avail any of the services provided by us, indicates your understanding, agreement to, and acceptance of these full Terms and Conditions.
1.3.a. This Agreement, which incorporates other provisions applicable to the use of our website, including, but not limited to, supplemental terms and conditions governing the use of certain specific materials contained on our website, sets forth the terms and conditions that apply to your use of our platform. By using MAK Realty Group (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof. The right to use our platform is personal to you and is not transferable to any other person or entity. You are responsible for all use of your account (under any username or password), and for ensuring that all use of your account complies fully with the provisions of this Agreement. You are responsible for protecting the confidentiality of your password(s), if any.
1.3.b. MAK Realty Group shall have the right at any time to change or discontinue any aspect or feature of our website, including, but not limited to, content, hours of availability, and equipment needed for access or use.
“Ancillary Services” refers to additional products and/or services offered to the Guest when booking a Service with MAK Realty Group (such as, for example, a bottle of champagne, flowers, etc.).
“Cancellation Policy” refers to the specific terms and conditions applicable to any change to and/or cancellation of a Service.
“Confirmation Email” refers to the email sent by MAK to the Guest’s provided email address upon making the booking and/or purchase, summarizing the Contract and the booking details.
“Contract” refers to these Ts & Cs, the Specific Terms and Conditions of Booking or the Cancellation Policy, as applicable, as summarized in the Confirmation Email.
“Flexible Rate” refers to a rate the guest may choose, it is cancelable until 48 hours prior the arrival date at 16:00 (check-in time).
“Food & Beverage Service” refers to the food and beverage service offered by MAK.
“Guest” refers to a natural person who is of age and has full legal capacity to agree to these Ts & Cs, acting for his or her own personal purposes, and not as a sales agent, reseller, distributor or similar third party with regard to all or some of the Services.
“MAK Realty Group” refers to MAK Realty Group, a company located at 4391 Collins Ave., Miami Beach, FL, 33140.
“Services” refers to the Accommodation Services, the Ancillary Services and Food & Beverage Services offered by MAK to Guests via the MAKRealty.com website.
“Specific Terms and Conditions of Booking” refers to the specific terms and conditions applicable to the booking, cancellation, no show, minimum number of persons, and amount of the pre-authorization hold (security deposit) for each Service, which vary depending on different periods in the season and on MAK Realty Group, and which are available on the Website at the time of the booking and summarized in the Confirmation Email.
3. Description of Services
The MAK Realty Group platform allows Guests to book one or more short-term rental and/or vacation rental Services at our properties. In addition to accommodations, MAK Realty Group also offers concierge services, assisting guests with reservations and other requests to ensure an unforgettable stay. The main characteristics of these Services are detailed on this platform.
The photographs provided on the platform are illustrative and not contractual. Although we strive to ensure that the photographs, graphic representations, and texts reproduced to illustrate our properties provide as accurate a depiction as possible of the services offered, variations may occur, especially due to changes in furniture or possible renovations. If there’s any doubt or if more information about the Services is required, you may contact MAK Realty Group via email or telephone by clicking on the “Contact Us” link on this platform. Under no circumstance may MAK Realty Group incur any liability for any non-material errors that may occur in this connection.
The MAK Realty Group platform also provides information on:
· The main characteristics of the Services offered, including our concierge services; · The Ancillary Services offered, if any; · Prices; · Terms of payment; · The Terms and Conditions, as well as any Specific Terms and Conditions of Booking and/or the Cancellation Policies, as applicable.
By making a booking and/or purchase, the Guest is deemed to have read, understood, and accepted these Terms & Conditions in their entirety and without reservation.
To make an online booking and/or purchase on the MAK Realty Group platform, the Guest must accept the Terms & Conditions, the Specific Terms and Conditions of Booking, or the Cancellation Policy, as applicable. These can be accessed via a hypertext link, and acceptance is confirmed by checking the corresponding boxes. Without this acceptance, it will not be technically possible to continue the booking process.
The Guest acknowledges being informed of the nature, intended use, and conditions of booking of the Services offered by MAK Realty Group. Guests are expected to have requested and obtained all necessary and/or additional information to make the booking and/or purchase on a fully informed basis. If necessary, additional checks can be made directly with MAK Realty Group by clicking on the “Contact Us” link available on the platform.
The Guest is reminded that they are solely responsible for their choice of Services and for ensuring their suitability to their needs, and that no claims may be made against MAK Realty Group on this basis.
5. Account Registration
- Details regarding the process of creating an account
To book a Vacation Rental Service, the Guest needs to:
- Choose the arrival and departure date, as well as the number of guests the booking is for.
- Click on “Find”.
- Access the Specific Terms and Conditions of Booking relating to each property and rate by clicking on the title of each rate package.
- Select the type of property to book and click on “Book Now” for the property and rate they would like to book.
- As applicable, Ancillary Services may be offered to the Guest, which they can choose to add to the booking.
- Click on “Continue to Book” and review the booking summary, with the option to make changes.
- Provide the following information:
- Personal information: preferred form of address, first name(s), surname(s), email address (and, if applicable, preferred form of address, first name(s), surname(s) of any additional guest(s), address, fixed and mobile phone number, company name.
- Additional information: accessible room needs, special requests, if any.
- Arrival and departure times, allowing MAK Realty Group, if the Guest requests so, to provide transportation to and from the airport at an additional cost.
- Bank account information: type of card, name of cardholder, card number, date of expiration, three-digit card security code.
- Accept these Terms & Conditions (available by clicking the hypertext link) and the Specific Terms and Conditions of Booking, before clicking on “Confirm booking”.
A booking will only be deemed final after payment has been made in accordance with the Payment Terms of these Terms & Conditions, except in the case of a booking guaranteed via a pre-authorization hold (security deposit). In this instance, the booking shall be deemed final upon receipt, by the Guest, of the confirmation email.
7. Pre-Authorization Hold
MAK Realty Group will take a pre-authorization hold (security deposit) on the Guest’s credit or debit card upon arrival (check-in). This hold covers the total amount of the Services consumed during the stay and/or to cover any damage or deterioration caused by the Guest.
8. Right of Withdrawal
Under United States law, and in accordance with the policy of MAK Realty Group, the Guest does not benefit from the right of withdrawal for the Services contemplated hereunder. Please consult the Cancellation Policy for more details.
Please be reminded that you should consult with a legal professional to ensure this language accurately represents your services and provides necessary legal protections.
9.1. Registration Form
In compliance with U.S. law, Guests are required to complete a registration form upon arrival. This form may be pre-filled using the information provided by the Guest at the time of booking. The Guest is expected to confirm that all pre-filled information is accurate before signing the form.
Pets may be allowed under certain conditions, subject to MAK Realty Group’s discretion. For hygiene reasons, unless otherwise specified, pets are not permitted in dining areas or near pool and beach facilities. Pets should always be leashed in common areas and should never be left alone in the rooms or unattended on the premises. Guests are responsible for ensuring that their pets do not cause any damage or disturbance.
Children must be supervised by their parents or a responsible adult at all times. Guests are responsible for ensuring that any children under their care respect the peace and tranquility of the property.
9.4. Wi-Fi and Network Access
Complimentary Wi-Fi is available to Guests. Illegal activities, including unauthorized downloading, are strictly prohibited. Guests are required to adhere to MAK’s cybersecurity policies and to refrain from any actions that could compromise these measures. Unauthorized reproduction, display, or distribution of any copyrighted material is not permitted. Guests agree to hold MAK harmless from any third-party claims regarding intellectual property right violations and to bear all associated costs and damages.
9.5. Code of Conduct
Guests are expected to use their rooms and the property’s facilities responsibly, abiding by MAK’s Code of Conduct and Property Guidelines. In the event of any behavior deemed unacceptable, MAK reserves the right to ask the Guest to leave, with the full amount of the booking due and no refunds or compensation granted.
Security measures, including CCTV surveillance in common areas, are in place for the safety and security of all individuals and property. In-room safes are available for Guests to store valuable items. However, Guests are advised to be mindful of their belongings and not to leave valuables in plain sight.
9.7. Loss or Damage
Guests are responsible for any loss or damage to their rooms and any fixtures or furniture therein. Guests also agree to assume responsibility for any damages or losses caused by their actions, and in the event of any damage not reported at check-out, MAK reserves the right to charge the Guest for the cost of repairs, special cleaning, or replacements, along with any additional costs due to the unavailability of the room during this period.
10. Prices and Payments
Bookings can be made using various payment methods including PayPal, Klarna, credit card, Apple Pay, and Google Pay. Detailed payment procedures will be outlined in the booking process on our website.
10.1. Guaranteeing Booking of Services
Depending on the terms and conditions of the booking, Guests may not have to pay for the services at the time of booking. In such cases, Guests will provide their payment information to guarantee their booking. No charge will be made at the time of booking. Payment for the booking will be due on the Guest’s arrival.
In the event of a no-show, MAK Realty Group reserves the right to charge cancellation fees and, if applicable, the full or partial price of the booked services.
10.2. Prepayment of Services
Depending on the terms and conditions of the booking, payment may be required either:
- In full at the time of booking, qualifying as a down payment; or
- In part at the time of booking, with the remaining balance due before the cancellation deadline as indicated in the booking terms and conditions.
The balance can be paid using PayPal, Klarna, credit card, Apple Pay, or Google Pay. Please note that additional fees may apply depending on the Guest’s chosen payment method.
In the event of a failed payment attempt for any reason (e.g., insufficient funds, rejection by the issuing bank, etc.), the booking will be immediately cancelled, and the Guest will be notified via the email address provided at the time of booking.
Guests are advised to save and print their payment receipt for their records. MAK Realty Group reserves the right to cancel a booking without prior notice if the required down payment and/or remaining balance are not paid by their respective due dates.
11. Cancellations and No-Shows
11.1. Cancellation or Changes by the Guest
The services booked are exclusively subject to the cancellation and/or change conditions outlined in the Specific Terms and Conditions of Booking, as recapitulated in the confirmation email. It is recommended that guests consider appropriate travel insurance to meet their needs.
In the event of a guest’s no-show at the scheduled booking date and time, the booking will be deemed cancelled. Depending on the Specific Terms and Conditions of Booking, MAK Realty Group reserves the right to charge cancellation fees and, if applicable, all or part of the price of the booked services. These charges may be deducted from any advance payments, if applicable, or debited from the pre-authorization hold (security deposit). MAK Realty Group also reserves the right to relist the property for booking.
11.2. Cancellation by MAK Realty Group
In the unfortunate event that MAK Realty Group must cancel the contract, the guest, if a consumer, is entitled to receive an indemnity payment equal to the amount of any deposit made.
Any booking or payment that is irregular, invalid, incomplete, or fraudulent due to the guest’s actions will result in the cancellation of the booking. Depending on the Specific Terms and Conditions of Booking, MAK Realty Group reserves the right to charge cancellation fees and, if applicable, all or part of the price of the booked services. These charges may be deducted from any advance payments, if applicable, or debited from the pre-authorization hold (security deposit). MAK Realty Group also reserves the right to relist the property for booking.
11.3. Interruption of Stay
In the event of early departure or interruption of stay for any reason whatsoever ascribable to the Guest, including conduct incompatible with MAK Realty Group’s community standards or rules of conduct, the Guest will be required to pay to MAK Realty Group the full amount of the original booking cost, as listed in the confirmation email, and no refund will be granted on this basis. In the case of advance payment, this amount will be deducted from the amounts paid in advance. If no advance payment was made for the Guest’s booking, MAK Realty Group will debit the amount due from the amount of the pre-authorization hold (security deposit).
While this policy is generally enforced, MAK Realty Group reserves the right to make exceptions on a case-by-case basis at its sole discretion, when deemed appropriate and necessary for the benefit of the company and its commitment to outstanding customer service. However, guests are advised not to assume leniency and should plan their stay and conduct themselves in accordance with the booking duration and rules of conduct stipulated at the time of booking.
11.4. Complaints – Information
Any complaints concerning a purchase and/or the non-performance or improper performance of the services should be submitted to MAK Realty Group in writing for effective handling. The contact information is provided in the “Customer Service” section of the website.
12. Security Deposits
- Explanation of the purpose and process of security deposits
13. Guest’s Responsibilities and Conduct
Guests agree to use the accommodations and facilities provided by MAK Realty Group responsibly and reasonably, respecting all guidelines and codes of conduct provided. Should a Guest’s behavior contradict these standards, MAK Realty Group reserves the right to ask the Guest to leave.
In such cases, the Guest will still be liable for payment of the agreed price indicated in the Confirmation Email, with no eligibility for a refund or compensation. In the event of prepayment, the price will be deducted from the prepaid amounts. If no advance payment was made, MAK Realty Group will debit the due amount from the pre-authorization hold (security deposit).
14. Intellectual Property
The MAK Realty Group brand, all associated trademarks, illustrations, logos, images, designs, photographs, texts, and other elements, whether registered or not (the “Brands”), are the exclusive property of MAK Realty Group. Our website and all its contents are also protected by intellectual property rights.
The Brands and website content may not be modified, reproduced, displayed, distributed, marketed, or incorporated into other works without explicit written permission from MAK Realty Group. The Brands, website, and content are meant for browsing and booking services.
Unless explicitly agreed upon, filming or photography for commercial content is prohibited within our suites and properties.
15. Personal Data and Privacy
By providing us with their email address, Guests also give us permission to send promotional materials and information regarding events related to MAK Realty Group. Guests have the option to opt out of these communications at any time.
16. Limitation of Liability
MAK Realty Group’s responsibility is primarily to provide vacation rental booking and management services. It is, however, important to note that MAK Realty Group cannot be held accountable for any incident that is beyond its control, including but not limited to:
- Unforeseen or unavoidable events such as natural disasters, epidemics, pandemics, or other “force majeure” situations that may affect the services provided.
- Actions of any person or entity that is not under the direct control of MAK Realty Group, including but not limited to, property owners, third-party service providers, or other guests.
- Any indirect losses or damages such as loss of profit, loss of opportunity, loss of production, loss of contract, or loss of reputation.
- Damages or losses related to the use, or the inability to use, our website or any material on it.
- Any malfunction, suspension, or end of our website due to technical issues.
In the event that MAK Realty Group is found liable for any loss or damage, this liability is limited to the total fees or charges paid by the Guest in connection with their booking.
The Guest agrees to indemnify and hold harmless MAK Realty Group and its employees, officers, directors, and agents from and against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney’s fees) arising out of the Guest’s:
- Breach of these terms and conditions.
- Violation of any law or the rights of a third party.
- Misuse of the property or services provided by MAK Realty Group.
- Infringement upon intellectual property rights, privacy rights, or any other rights of a third party.
The Guest agrees to cover any loss, damages, or costs (including reasonable attorney’s fees and expenses) incurred by MAK Realty Group in connection with any such claim, as well as any sums paid under settlement agreements and/or as awards of damages against MAK Realty Group. This indemnification obligation will survive the termination of these terms and conditions and the Guest’s use of the services provided by MAK Realty Group.
18. Dispute Resolution
In the event of a dispute, MAK Realty Group retains the right to present digital evidence of the Guest’s actions, validations, and instructions. This may include the entry of necessary banking information, electronic records maintained in MAK Realty Group’s computer systems, connection logs, as well as the content of messages and transactions with the Guest. The Guest hereby acknowledges and accepts this.
This Contract is governed by and will be interpreted in accordance with the laws of the United States (or the specific state where the company is incorporated), without prejudice to any overriding mandatory provisions of consumer protection law that may apply in the country of residence of the consumer.
We encourage the amicable resolution of any dispute arising out of or in connection with the Contract, the Services, and/or the rental property. In the case of any dispute, the Guest agrees to first refer the matter to the Customer Service department of MAK Realty Group, as per the contact details provided:
Phone: +1 (305) 204-8126
Address: 4391 Collins Ave., Miami Beach, FL, 33140
If an amicable resolution is not reached through our Customer Service department, then the parties agree to proceed through arbitration or through a small claims court located in the State of Florida, subject to the appropriate jurisdictional requirements being satisfied.
Please note that the process of dispute resolution may be subject to separate terms and conditions as provided by the dispute resolution service provider. Any decision reached in such a manner will be binding on both parties. By agreeing to these terms and conditions, the Guest also agrees to resolve disputes through these methods.
19.Agreement to Arbitrate:
By using the services provided by MAK Realty Group (hereinafter referred to as “Company”), you agree that any dispute or claim relating to your use of our platform, services, or any reservation will be resolved through binding arbitration, rather than in court. This agreement to arbitrate applies to all disputes and claims, whether they arise from your agreement with the Company, applicable laws, and regulations, or otherwise.
19.1. Arbitration Process:
19.1.a. The arbitration shall be conducted by a single arbitrator, mutually agreed upon by the parties, or if no agreement can be reached, selected in accordance with the rules of the American Arbitration Association (AAA).
19.1.b. The arbitration shall be held in the State of Florida, unless the parties mutually agree otherwise. The proceedings shall be conducted in English.
19.1.c. The arbitrator shall have the authority to award monetary damages and other forms of relief that are permitted by applicable law.
19.2. No Class Action:
You and the Company agree that any dispute resolution will be conducted solely on an individual basis and not as a class action or other collective action. You waive the right to participate in a class action lawsuit or class-wide arbitration.
19.3. Governing Law:
This arbitration clause is governed by and interpreted under the Federal Arbitration Act and other applicable federal laws. To the extent that state law applies, the laws of the State of Florida shall govern this agreement.
19.4. Costs of Arbitration:
The Company will pay the arbitrator’s fees and any administrative expenses associated with the arbitration process. Each party shall be responsible for their attorney’s fees, if applicable. However, if a party prevails on a statutory claim that allows for the recovery of attorney’s fees, the prevailing party may seek recovery of those fees.
If any part of this arbitration clause is found to be unenforceable or invalid, it will not affect the enforceability or validity of the remaining portions of this clause.
You have the right to opt-out of this arbitration agreement within 30 days of agreeing to these terms and conditions. To opt-out, you must send a written notice of your decision to opt-out to 4391 Collins Ave., Miami Beach, FL, 33140.
19.7. Contact Information:
If you have any questions or concerns about this arbitration clause, please contact us by email at firstname.lastname@example.org or by phone at +1 (305) 204-8126.
By using our services, you acknowledge that you have read and understand this arbitration agreement and agree to be bound by its terms.
18. Forum Selection Clause: Only allowable for suite rentals in the State of Florida
This Forum Selection Clause (“Clause”) is incorporated into the terms and conditions of the online short-term vacation rental agency (“Agency”) for suite rentals in the State of Florida. By using Agency’s services and entering into rental agreements, you (“Guest” or “You”) agree to the following:
Exclusive Jurisdiction: Any legal disputes, claims, or actions arising out of or related to your suite rental with Agency shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.
Exclusive Venue: In the event of any legal dispute, action, or claim, you consent and agree that the exclusive jurisdiction and venue for any such matter shall be in the state or federal courts located within the State of Florida, and you expressly waive any objection to such jurisdiction and venue.
Exemption: This Clause shall only apply to suite rentals in the State of Florida facilitated by the Agency. It does not apply to suite rentals in other states or regions.
Alternative Dispute Resolution: The Parties agree that prior to initiating any legal action, they will engage in good faith efforts to resolve any disputes through negotiation, mediation, or other alternative dispute resolution methods.
Enforceability: If any part of this Clause is found to be invalid, unenforceable, or in conflict with the law, the remaining provisions shall remain in full force and effect.
By using Agency’s services and entering into rental agreements, you acknowledge that you have read, understood, and agreed to this Forum Selection Clause, and you agree to be bound by its terms and conditions. If you do not agree with this Clause, you should refrain from using Agency’s services for suite rentals in the State of Florida.
19. Error in Booking Pricing
In the event that a pricing error occurs on our platform, including but not limited to, a technical glitch, typographical error, or any other form of human or computer error, MAK Realty Group reserves the right to cancel or amend any bookings made at the incorrect price. We will make reasonable efforts to notify affected guests and provide options to rebook at the correct price or process a refund for any overpayments made. However, MAK Realty Group is not obligated to honor reservations made at erroneous prices.
It is the responsibility of the guest to review and confirm all booking details, including pricing, prior to finalizing their reservation. By using our platform, you acknowledge that errors in pricing may occur, and you agree that MAK Realty Group shall not be held liable for such errors, nor shall you have a guaranteed booking at the incorrect price. We recommend contacting our customer support team if you have any doubts about the accuracy of the pricing before completing your reservation.
20. Reservation Cancellation and Refund Policy
MAK Realty Group reserves the right to cancel any reservation that is deemed to be made at an incorrect price due to an error, regardless of whether payment has been processed or not. If such a cancellation occurs, MAK Realty Group will make every effort to provide you with an alternative solution, including rebooking at the correct price or processing a full refund for any amounts paid.
By using our platform, you agree that MAK Realty Group shall not be held responsible for any costs or inconvenience resulting from a booking error, and you understand that the cancellation and refund options provided will be the sole remedy in the event of such an error.
Please note that this clause is for reference purposes only, and it’s important to consult with a legal expert to ensure that it complies with applicable laws in your jurisdiction. Additionally, the specific wording and details of your terms and conditions may vary based on your unique business needs and circumstances.
21. Changed Terms
MAK Realty Group shall have the right at any time to change or modify the terms and conditions applicable to User’s use of www.makrealty.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on www.makrealty.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of www.makrealty.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
If any provision of this Contract is found to be unlawful, invalid, or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect, unless otherwise provided by law in such jurisdiction. Any failure by either party to enforce any of its rights or remedies under these Terms & Conditions against the other party shall not be construed as a waiver of its right to enforce such right or remedy in the future. No waiver shall be effective unless it is explicitly stated to be a waiver and communicated to the other party in writing.
Section headings in these Terms & Conditions are for convenience and informational purposes only. In case of conflict between the headings and the content of the section, the content will prevail.
No failure by MAK Realty Group to assert any of the provisions of the Contract shall be deemed a waiver of its right to assert such provision subsequently. This principle applies whether the failure is deemed intentional or inadvertent.
The Terms & Conditions have been drafted in the English language for convenience purposes only. In the event of any discrepancy between this English language version and any translations, the English language version shall prevail.
The Guest agrees to comply with all applicable laws, statutes, ordinances, and regulations regarding the use of our services. These Terms & Conditions, along with any other agreements or policies given to you by MAK Realty Group, constitute the entire agreement between you and MAK Realty Group regarding the use of the services. If MAK Realty Group fails to exercise or enforce any right or provision of the Terms & Conditions, it will not constitute a waiver of such right or provision.
These Terms & Conditions and the relationship between the Guest and MAK Realty Group shall be governed by the laws of the state of [insert state] without regard to its conflict of law provisions. You and MAK Realty Group agree to submit to the personal and exclusive jurisdiction of the courts located within the county of [insert county, state].
Please note that we reserve the right to modify these Terms & Conditions at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on our website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
23. Contact Information
Phone: +1 (305) 204-8126
Address: 4391 Collins Ave., Miami Beach, FL, 33140