Terms and Conditions

 

Last updated: July 12, 2021

Please read these terms and conditions carefully before using Our Service.

 

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

 

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Nomada Destination Residences, LCC, 3900 Biscayne BLVD, Miami, Florida 33137.

  • Country refers to: Florida, United States

  • Service refers to the Website.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement as been created with the help of TermsFeed.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to Nomada website, accessible from https://www.nomadaresidences.com/

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

 

Acknowledgement


These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Security Deposit

By booking a stay at one of our Nomada Residences Units, you agree to a $500 security deposit authorization hold on your payment card upon check-in. This fee will be used in the event of, but is not limited to, broken or missing items, damage to the Unit or furnishings, post-stay cleaning fees above the standard amount, lost fobs, and pet cleaning fees. The deposit hold will be released up to 7 days after placement.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

Cancellation Policy

You may cancel your reservation for a Studio or an Apartment at least seven days prior to the check-in date without penalty. If you cancel or shorten your reservation for a Unit seven days or less, you are required to pay 100% of the Accommodation Fees for your reservation. Nomada Residences can extend your reservation without penalty if Nomada Residences has occupancy for that particular Studio or Apartment.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

 

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. 

 

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. 

 

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Units

 

By confirming your reservation with Nomada, you are agreeing to the following House Rules.

 

In order to ensure an exceptional experience for all guests and staff, please read and follow the following house rules.

 

#1: Prior to confirming your reservation, Nomada requires all guests to provide photo identification and undergo a light background check. The person whose name is on the reservation must be the person to check-in and they must be age 21+.

 

#2: No Unregistered Guests

We know this is Miami and people love to have a good time… while we always encourage that, our coverage states that only guests that have been listed in the original Airbnb booking reservation and pre-approved by your Airbnb host, are allowed to access the property.

 

#3: Please Wear a Mask & Practice Social Distancing

Especially in all communal areas: lobby, elevators, hallways, multipurpose room, fitness center

 

#4: Respect Thy Neighbor

While we encourage all guests to enjoy their stay, we ask that guests remain courteous and respectful to all neighbors and staff.

 

#5: Check Out Is 11 am

We know you’ll love your stay so much that you won’t want to ever leave… but our next guests will be arriving at 4 pm and we require adequate time to prepare the space for them. Our dedicated cleaning crews start cleaning at 11 am. Please note that a late check-out will incur a late check-out fee.

 

#6: Lights & Air Conditioning

In order to conserve as much electricity as possible, please raise the temperature of the air conditioning to 75 degrees and turn off all lights every time you leave the unit, including upon checkout.

 

#7: Anything You Use, Please Put it Back

Everything located in the apartment is yours to use, we only ask that if you use or move something, please put it back where it was found.

 

#8: Parties or Events Are Not Permitted

If you’re coming to Miami to party, you’ve definitely picked the right place, just not at NOMADA. Our goal is to maintain a family-friendly environment where guests can come to relax. (Although we know this won’t be the case with you…) any unruly behavior or serious complaints will result in you being asked to leave (and we’d truly hate for that to happen).

 

#9: Noise Level

Nomada Destination Residences strives to ensure peace and quiet for all of our guests, neighbors, and community. For that reason, we use privacy-safe noise monitoring technology in our apartments. They only monitor for excess levels of noise and do not record types of sound or conversations and are in place to help ensure you also have a quiet and peaceful stay with us.

 

#10: Florida Statute 509.141 Sec. 2 & 3:

(2) The operator of any public lodging establishment or public food service establishment shall notify such guest that the establishment no longer desires to entertain the guest and shall request that such guest immediately depart from the establishment. Such notice may be given orally or in writing. If the notice is in writing, it shall be as follows:

“You are hereby notified that this establishment no longer desires to entertain you as its guest, and you are requested to leave at once. To remain after receipt of this notice is a misdemeanor under the laws of this state.”

(3) Any guest who remains or attempts to remain in any such establishment after being requested to leave is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

 

#11: No Eating or Drinking in Bedrooms

Popcorn in bed? Think again... eating and or drinking in bed can result in accidental spills and additional cleaning fees (who wants that?)

 

#12: No Smoking

We are a smoke-free building. No smoking is permitted inside units, on balconies, in common areas, nor at the amenities. Please be respectful of this rule. Please note that if there is smoking anywhere, an additional $300 cleaning fee will be applied.

 

#13: No Pets

We LOVE pets but unfortunately, some of our guests are allergic to them. As a result, no pets of any kind are allowed inside the NOMADA units (unless it’s a unicorn, then maybe you’ll get a hall pass.)

 

#14: Accidental Breaks or Damage

Hey, accidents happen. We get it… all we ask is that you give us a heads up if something breaks in order for us to make sure it’s replaced for our next guests. We’ll try to fix it, but if it can’t be fixed, we’ll ask for your help in covering the replacement.

 

#15: Amenity Access

On the 6th floor, you’ll find our resort-style pool, gym, and BBQ grills which you can access by reserving a time slot with the Front Desk. (This is to comply with COVID19 capacity limits as per the CDC and city officials.) We provide pool towels inside the apartment for your convenience. If you take the towel to the pool, please make sure to bring it back. Oh and please no alcohol or glass containers at the pool

Accessible Hours:

Pool & BBQ Grills: Open from sunrise - sunset

Multipurpose Room: Open from 9am-10pm

Fitness Center: Open 24 hours

 

#16: Trash

Please don’t allow trash to accumulate, remove any and all trash from your unit.

Trash chutes are located on every floor right down the hall.

 

#17: Lost Key, Fob, Parking Tag

Please make sure to return all key cards, fobs, and parking decal which you are given at check-in. In case you've lost any of the items, the cost for replacements are the following:

Key Card: $50

Fob: $100

Parking Decal: $100

 

Overall, we really want you to have a good time and to treat our property as if it was yours. Always be courteous with your neighbors and respectful to the staff.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. 

 

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

 

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

 

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service.

You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. 

 

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: