WhyHotel Miami Club
Last updated: April 30, 2021
About the Program
Guests who stay at WhyHotel Midtown Miami can sign up for a two-year Miami Club Membership, which allows for one free one-night stay with a discounted cleaning fee each year of the Membership at the following locations, subject to the terms of the Plan. Guests must complete the Membership Application and Agreement while on property
, and part of your payment for your stay will be allocated towards the $1 Membership fee. If you’re interested in signing up, please call (786) 671-3090, so that we can confirm your eligibility and help you with the application process. The Membership Agreement must be signed in-person at our office in Unit 139.
Review the Plan Rules and Regulations below for more information.
WhyHotel Midtown Miami – discounted cleaning fee: $49
Rules and Regulations
These WhyHotel Miami Club Plan Rules and Regulations (“Plan Rules”) are promulgated by WhyTime, LLC (together with any affiliated entity who manages or provides other services to any Plan Property, “WhyTime” or “we” or “us”), the operator of the WhyHotel Miami Club (the “Plan”) for the benefit of the members (“Members” or “you”) owning a membership (“Membership”) in the Plan. Members shall ensure that Member’s guests and party at a Plan Property comply with these Plan Rules, are responsible for such compliance and references to a “you” in these terms shall include all occupants of a Unit. Certain defined terms are located at the end of these Plan Rules or in your Membership Agreement.
WhyTime Contact Information for Members
Phone Number: (202) 897-1000
- The Plan.As set forth in the Member’s Membership Agreement, the Plan is a multisite timeshare plan comprised of accommodations at one or more than one component site or property. The Plan Properties are subject to change from time to time and are set forth on the Plan’s website. The Members own a Membership, which is a nonspecific time-share interest in the Plan, that will allow Member to utilize the Membership Use Rights associated with Member’s Membership at any Plan Property. The Plan has a term of two (2) years and 360 days, commencing on the date the first Membership Agreement is entered into. WhyTime reserves the right to create additional membership classes or types.
- Making Reservations.Reservation requests for a Unit may be made up to three (3) months in advance of the desired first day of a stay. A Member in Good Standing may request a reservation by emailing MiamiClub@whyhotel.com. WhyTime cannot guarantee fulfillment of any specific request (Unit type, property and/or dates, etc.), and all requests are subject to availability on a first-come, first-served basis. The size, design, furnishings and amenities, among other things, of the Unit into which a Member may be confirmed, may differ from Unit to Unit. To make a reservation and to license a Unit you must be at least 21 years of age. All Members and guests of Members over 18 must have a valid driver’s license and shall present them upon request or through our check-in process. When you make a reservation, you agree to provide current, complete and accurate information and to promptly update any information, including your email address, phone number and credit card information.
WhyTime reserves the right, in its sole discretion, to add or delete Plan Properties and/or Units to or from the Plan at any time and from time to time. The Plan Properties, locations, numbers, and quality of Units may vary from time to time. A Member should not buy a Membership in reliance on the availability of any particular Plan Property or Unit.
- No Banking or Borrowing of Membership Use Rights; Expiration of Membership Use Rights.There is no banking of a Member’s Membership Use Rights from the current Use Year into the next Use Year and there is no borrowing of Member’s future Membership Use Rights from the next or subsequent Use Year into the current Use Year. A Member’s Membership Use Rights for a given Use Year automatically expire at midnight, Pacific Time, on the last day of that Use Year without compensation to the Member. Extension of the expiration of Membership Use Rights is not permitted for any reason.
- Upgrades and Additional Nights.Subject to availability, at the time of reservation or check-in, Members may upgrade Unit type upon payment of the incremental cost as communicated at check-in by staff. Subject to availability, Members may reserve additional nights at the Plan Properties upon payment of the then-applicable nightly rental rates set forth on www.whyhotel.com or as communicated by staff.
- Confirmations; Unit Preferences.A confirmation email will be delivered to the Member to document each confirmed reservation. WhyTime will assign a specific Unit at the time of arrival.
- Cancellations.WhyTime’s cancellation policy varies depending on the Plan Property and the terms of the rate that is applicable to your reservation if purchasing upgrades or additional nights. You are responsible for reviewing the cancellation policy in your reservation confirmation. Refunds may not be available for stays which are terminated early.
- Taxes and Fees.All taxes (including transient occupancy taxes), personal charges, and fees for services are the responsibility of the Member and are not covered by or included in Member’s Purchase Price. All anticipated taxes shall be paid at the time of reservation or, if permitted by WhyTime, at check-in. Additional fees will be required for: parking, cleaning, pets and any other items for which WhyHotel then typically charges guests for as additional fees.
A credit or debit card is required at check-in. WhyTime will keep your credit or debit card number on file for additional fees or unpaid charges. Members authorizes WhyTime to charge its credit or debit card for any such fees or charges. Legitimate reasons for additional fees include but are not limited to the following:
- Outstanding balances
- Broken or missing items
- Smoking in the Unit or Plan Property
- Damage to the Unit, Plan Property or furnishings
- Higher than customary cleaning costs
- Pet cleaning fees
- Parking fees
- Cleaning fees
- Additional housekeeping fees
- Lost key fees
A minimum of a $150 hold may be placed on your credit or debit card account for the full anticipated amount to be owed to WhyTime at the time of check-in, including estimated incidentals, through your date of check-out and such hold may not be released for 72 hours from the date of check-out or longer at the discretion of your card issuer. You are solely responsible for any occupancy and other taxes and fees associated with the licensure and occupancy of any Unit, as the same may be changed or updated from time to time by the applicable jurisdiction and agree to pay or reimburse us for the same.
Some Plan Properties may offer retail items for sale. You agree to follow all instructions with respect to the selection and purchase of such items and agree that if you fail to pay for any of such items, that any credit card or other method of payment which you have provided may be charged the full stated price for any such items.
- Personal Use.Use of the Membership is limited solely to the personal use of Members and may not be leased or sold.
- Check-In and Check-Out.Your check-in and check-out time and any other instructions for arrival and check-out will be provided to you by us. Additional fees may be charged for a late checkout and failure to return the door fob/key card. If you want to extend your stay, contact us not less than 24 hours prior to scheduled departure. We cannot guarantee that it will be possible to extend a stay and extension rates may vary. Any extension of your stay must be confirmed by staff and failure to vacate the Unit as scheduled will incur additional charges. You shall follow the departure procedure specified by WhyTime when departing both during the stay and upon final departure. The contact information for staff will be provided when you check-in and is also available in your room. If there is an emergency that requires immediate attention, it is your responsibility to notify us as soon as possible.
- Parking.If you use the Plan Property’s parking facilities (if any), there may be an additional fee. We shall have no responsibility or liability for the care of your vehicle, including any damage to the vehicle or the loss of property kept in the vehicle.
- Good Condition.You shall maintain the Unit in a good, clean condition, and use the Unit and the Plan Property only in a careful and lawful manner. THERE SHALL BE NO SMOKING OF ANY SUBSTANCE INSIDE THE UNIT OR ANYWHERE ON THE PLAN PROPERTY. IF THERE IS SMOKING IN THE UNIT OR ANYWHERE ELSE ON THE PLAN PROPERTY THERE WILL BE A MINIMUM $500 CLEANING CHARGE TOGETHER WITH ANY ADDITIONAL COSTS TO REMEDY THE VIOLATION.
You shall promptly dispose of garbage and recyclables in proper receptacles. You shall be responsible for any and all damage to the Unit, the Plan Property and the contents thereof. You authorize us to charge your credit card on file for the cost to repair any such damage, replace the damaged items and any other costs incurred by us in doing so. Each Member shall be responsible for such Member’s actions and the actions of Member’s guests including any property damage and/or personal injury occurring at a Plan Property caused by such Member or Member’s guest.
You shall not physically modify the Unit or Plan Property in any way and your credit card on file will be charged for our cost to remove any modifications and restore it to its condition immediately prior to your occupancy.
Each Member shall assume sole responsibility for the personal property of such Member and that of such Member’s guests. WHYHOTEL SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO ANY CASH, VALUABLES OR OTHER GOODS BROUGHT ONTO THE PROPERTY OR INTO THE GUEST UNIT BY GUEST OR LEFT IN YOUR CAR WHILE IN THE PARKING FACILITY OF THE PROPERTY.
- Good Neighbor.You and each of your guests and visitors agree to be a good neighbor by respecting the rights of other occupants to a pleasant, safe and peaceful environment. Neither you nor any of your guests or visitors shall create excessive noise or other situations likely to disturb or annoy your neighbors or otherwise engage in disruptive behavior. Events or parties in a Unit or in any other space in the Plan Property are strictly prohibited.
- Occupants.You shall not allow any additional persons to reside or sleep over at the Unit other than the specific adults and children identified in the reservation or added at check-in and other persons expressly allowed in the Unit by WhyTime in its sole and absolute discretion. No more than 2 additional persons in excess of the number of sleeping accommodations authorized in the Unit may be present in any Unit.
- Pets.Pet dogs and cats are welcome at select locations subject to the following guidelines and any other more restrictive guidelines applicable to the particular Plan Property:
- You must book a pet-friendly unit and notify us that you are bringing a pet prior to arrival
- Pets must be kept with Member at all times
- Pets must be house trained
- Dogs must be non-aggressive (certain breeds may be prohibited)
- Dogs must weigh less than 80lbs
- A maximum of 2 pets per Unit
- All pets must be approved in advance by us prior to arrival
If you arrive at a Plan Property with your pet without having received prior approval, or if your pet is substantially different than described when it was approved, you may not be allowed to stay, your reservation will be cancelled and you may still be charged for your stay. Members who bring pets are subject to a pet cleaning fee in addition to any other cleaning fees and additional fees will be assessed for any damage to the Unit or the Plan Property. We will permit service animals in accordance with federal, state and local law.
- WIFI and TV.We provide complimentary WIFI and TV service (which may be streaming, Apple TV or similar). You shall promptly notify us if there are any problems with the WIFI or TV, however there shall be no refund for outages, content or lack thereof, or personal preferences with regard to the TV service or WIFI.
- Smoke Alarms.Units are equipped with smoke alarms. You shall promptly notify us if an alarm “chirps” or has a low battery condition.
- No Residence.UNLESS OTHERWISE AGREED WITH US IN WRITING, YOU AND EACH OF YOUR GUESTS EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE UNIT IS FOR TRANSIENT OCCUPANCY ONLY, AND THAT NEITHER YOU NOR ANY OF YOUR GUESTS INTEND TO, AND WILL NOT, ASSERT A CLAIM THAT THE UNIT IS A RESIDENCE OR HOUSEHOLD OR MAKE THE UNIT A RESIDENCE OR HOUSEHOLD. YOU AND EACH OF YOUR GUESTS AND VISITORS AGREE THAT, REGARDLESS OF THEIR LENGTH OF STAY AT THE PLAN PROPERTY, NEITHER YOU NOR ANY OF YOUR GUESTS IS A TENANT, RENTER OR ANY OTHER CLASSIFICATION WOULD PERMIT YOU OR ANY OF YOUR GUESTS TO AVAIL HIM OR HER SELF OF ANY LAWS OR REGULATIONS APPLICABLE TO RESIDENTIAL OR COMMERCIAL TENANTS AND YOU AND EACH OF YOUR GUESTS AGREE NOT TO MAKE AND HEREBY WAIVE ANY CLAIM UNDER SUCH LAWS OR REGULATIONS. YOU AND EACH OF YOUR GUESTS AGREE TO VACATE A UNIT AT THE END OF YOUR RESERVED STAY OR WHEN OTHERWISE REQUIRED PURSUANT TO THESE PLAN RULES AND AGREES THAT WE SHALL NOT BE REQUIRED TO UNDERTAKE ANY JUDICIAL PROCESS TO REMOVE YOU OR ANY OF YOUR GUESTS FROM A UNIT OR A PLAN PROPERTY. BY OCCUPYING OR MAKING A RESERVATION FOR A UNIT, YOU CERTIFY THAT THE UNIT IS NOT, AND YOU HAVE NO INTENTION OF MAKING OR CLAIMING THE UNIT AS, YOUR PERMANENT RESIDENCE REGARDLESS OF LENGTH OF STAY, AND THAT THE ADDRESS PROVIDED UPON CHECK-IN IS YOUR PERMANENT RESIDENCE AND THAT WE MAY RELY UPON SUCH CERTIFICATION.
- Unlawful Activity.The Unit and the Plan Property shall not be used to engage in any unlawful activity. Any such activity by any Member or guest shall be grounds for immediate termination of your reservation, and you will be required to vacate the Unit and the Plan Property immediately without refund.
- Unit Access.You shall allow us to access the Unit for purposes of cleaning, maintenance, repairs, and improvements as well as in the case of emergency or violation or suspected violation of the Plan Rules. A one-time cleaning fee per stay is due with your reservation. Periodic housekeeping is available upon request for an additional fee. Please refer to the Plan Property website for the then-current cleaning and housekeeping fees for each Plan Property. We have the right to inspect the Unit without prior notice to enforce the Plan rules and may periodically enter the Units to perform welfare checks and ensure that the Unit is being maintained in good condition.
- No Liability.We shall not be held responsible or liable for, (i) the failure of any other company’s services, including a company’s error or service interruption, (ii) activity from neighbors, such as construction, noise, road repair, or maintenance, (iii) acts of nature such as adverse weather, (vi) protests, large gatherings or other interruptions of traffic and access, (v) acts of terrorism or (vi) any other event beyond our reasonable control. You shall indemnify and holds harmless the Plan Property Owner and us and our respective officers, employees and agents against any and all claims or demands made by a third party arising out of your (i) conduct, (ii) breach of these Plan Rules, (iii) violation of applicable law or (iv) use of the Unit. You expressly recognize that any insurance for property damage or loss which the Plan Property owner may maintain on the Unit or the Plan Property does not cover your personal property. You agrees to pay all costs, attorney's fees and expenses incurred by Plan Property owner and WhyTime in enforcing these Plan Rules and expressly understand and agree that WhyTime shall not be liable for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exempt, or otherwise) resulting from access to or any use of, or inability to use or access, or reliance on, or functioning of, the Unit, or resulting from any errors or omissions in the content of WhyTime’s website, regardless of the basis upon which liability is claimed, even if WhyTime has been advised of the possibility of such loss of damage.
- Violations and Removals.A violation by you or your guests or visitors of any of the Plan Rules may result in, among other things, your removal from the Plan Property and the termination of your stay without refund.
- Amendments.These Plan Rules may be amended, supplemented, and/or restated from time to time by WhyTime. The current version of these Plan Rules will be available on the Plan’s website.
- Blocked Persons.WhyTime is prohibited from doing business with certain entities, individuals, and groups of individuals as may be set forth from time to time on the Specially Designated Nationals and Blocked Persons List, and the Terrorism List (collectively, “Blocked Parties”). If WhyTime receives a Membership Application and Agreement from a person defined as a Blocked Party, WhyTime reserves the right to refuse membership for such person. If a person’s status changes after being enrolled such that such Member becomes a Blocked Party, they are required to notify WhyTime and WhyTime will cancel this Agreement and the Membership without further obligation by WhyTime.
- Force Majeure.WhyTime is not responsible if any Membership Use Right cannot be used. In no event shall WhyTime be liable to Members for any delay in or failure to perform due to causes beyond the WhyTime’s control, including, without limitation, any act of god, pandemic, act of war, natural disaster, weather, terrorism, or any act or omission of a third party.
- AS-IS.EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE PLAN, THE PLAN PROPERTIES (INCLUDING THE UNITS) AND THE PLAN WEBSITE, ARE PROVIDED “AS IS” AND WHYTIME EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PLAN, THE PLAN PROPERTIES (INCLUDING THE UNITS) AND THE PLAN WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WHYTIME PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE PLAN, THE PLAN PROPERTIES (INCLUDING THE UNITS) AND THE PLAN WEBSITE WILL MEET MEMBER'S REQUIREMENTS, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE.
- Indemnity.Member shall indemnify and hold harmless the WhyTime and its officers, employees and agents (“WhyTime Parties”) against and from any and all allegations, demands, claims, liabilities, damages, fines, penalties, loss or costs of whatever nature (including reasonable attorneys’ fees), and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise (“Claims”), arising out of or in any way connected with (a) any actual or alleged violation or breach by Member of any representations or warranties or of the terms and conditions of this Agreement or the Plan Rules, (b) the negligence or willful misconduct of Member, or any related act or failure to act by Member or (c) any damage to the Units or the Plan Properties. If any Claim is made or any action or proceeding is brought against the WhyTime Parties, or any of them, any such the WhyTime Party may, by notice to Member, require Member, at Member's expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior approval of such the WhyTime Party. The reimbursement, indemnity and contribution obligations of Member under this Section shall be in addition to any liability that Member may otherwise have, and shall extend upon the same terms and conditions to the WhyTime Parties. This section is subject to applicable law and will survive termination of Member’s participation in the Plan.
Definitions. As used in these Plan Rules, the following terms have the following meanings:
- Member in Good Standing: In order for a Member to use Member’s Membership, the Member must be in good standing. To be in good standing, a Member must be (i) in compliance with the Member’s Membership Agreement and these Plan Rules, and (ii) current on all taxes and other costs due to WhyTime.
- Membership Agreement: The Membership Agreement between a Member and WhyTime for the purchase of a Membership in the Plan.
- Membership Use Rights: The total number of nights each Use Year for which a Member is entitled to use at a Plan Property in a certain Unit type without incurring nightly rental fees.
- Plan Property(ies): The apartment building(s) that is a part of the Plan from time to time as set forth on the Plan’s website, together with all carpets, furniture, equipment and other contents located therein and all of its related amenities and grounds.
- Unit: An apartment unit located in a Plan Property designated for separate occupancy, including all its carpets, furniture, equipment and other contents.
- Use Year: Annual period of time commencing on the Membership Start set forth in Member’s Membership Agreement, during which a Member is entitled to use Member’s Membership Use Rights in accordance with these Plan Rules.