TERMS & CONDITIONS

This Renter Agreement ("Agreement") is made and effective ("Agreement Date") between ("Owner") and ("Guest") regarding the property known as Villa Seashell which is located in Curacao

 

In consideration of the rent received and the mutual promises contained herein, Owner of the Rental Property does hereby lease and rent to Guest(s) such Rental Property under the following terms and conditions:

 

1. Guest agrees to abide by all rules and regulations contained herein or posted on the premises related to the Rental Property.  Guests obligations include but are not limited to keeping the premises as clean and safe as the conditions of the premises permit and causing no unsafe or unsanitary conditions in the common area and remainder of the premises that Guest uses.  Guests agree not to use the premises for any commercial activities or purpose that violates any criminal law or governmental regulation.  Guest's breach of any duty contained in this paragraph shall be considered material and shall result in the termination of guest occupancy with no refund of any kind.
    

2. Occupancy is limited to the number of people as per your reservation request or invoice. Violation of this policy will result in immediate eviction without compensation.  No fraternities, school, civic, or other non-family groups are allowed unless Owner grants prior approval.  In no event shall Guests assign or sublet the Rental Property in whole or in part.  Violations of these rules are grounds for expedited eviction with no refund of any kind.  Guests hereby acknowledge and grant specific permission to Owner to enter premises at any time for inspection purposes should Owner reasonably believe that Guests are causing or have caused any damage to Rental Property.  Guest further agrees to grant Owner access to Rental Property for purposes of maintenance and repair.  If listed "For Sale", Guests agree to grant access by scheduled appointment upon notification.
    

3. In the event Guests wishes to terminate this agreement, Travel Insurance, Damage Protection and any processing or administrative fees are non-refundable.  Fifty percent of the base rental amount will be refunded if the cancellation is made more than 30 days prior to the arrival date of the reservation.  If the cancellation is made within 30 days of the arrival date, the base rental amount will not be refunded. If Guest is able to find and substitute new guests for the same time period, the entire rental amount will be refunded.  The owner may help Guest look for new guests but it is not the obligation of the Owner to find them.
    

4. If the booking is made more than 30 days in advance of the arrival date, a payment of 50% is taken by Owner at the time of the booking.  Any remaining balance must be paid 30 days prior to the arrival date, or this Agreement may be canceled by the sole option of the Owner.  An automatic credit card payment for the remaining balance will be scheduled by the Owner to be made 30 days prior to the arrival date.  The credit card of the first payment is used if a credit card was provided.  If the automatic payment fails for any reason, it is the responsibility of the Guest to make sure that the remaining balance is promptly paid in full, or the reservation will be canceled with no refund of payments made.  All policies contained in this Agreement shall apply equally to payments made by credit card, check or cash and whether made via the website, by phone or in person. Any refunds due to Guests from a credit card payment will be refunded by credit card transaction; all other refunds will be made within 30 days by check.
    

5. A security deposit is required ("Security Deposit") and will be automatically reserved for the booking.  The automatic reserve is conducted by putting a hold on the Guest's credit card for the amount of $500 exactly 20 day(s) prior to the arrival date.  The credit card of the last successful payment will be used. If at the end of the rental period, the rental property is returned undamaged beyond normal wear and tear, the Security Deposit will be released in full within five (5) business days.  In the event of any damages, Owner will provide Guest with a full accounting of expenses incurred and deductions made from the Security Deposit.  Should the damages exceed the amount of the Security Deposit, Guest agrees to pay the balance within five (5) business days after receiving notification.  Deductions from Security Deposit may include, but are not limited to: excess use of electricity and/or water, excess cleaning fee, trash removal fee, missing item replacement costs, damaged item replacement or repair costs, repair costs of buildings or grounds, or other service call fees.  The owner is under no obligation to use the least expensive means of restoration.
    

6. Electricity usage of 15 kWh/person/day and water allowance of 5m³/week is included in the rental rate. Along with the government having expensive monopolies of water and electricity we respect the environment and ask that you please shut off the air conditioning and appliance when you are not present in the room. The water/electricity allotments are more than enough to enjoy showers and air conditioning.
   Extra use of electricity will be deducted from the Security Deposit, cost $0.50/KWh. Extra use of water will be deducted from the Security Deposit, cost $6/m³. The property manager will check the meters at your arrival & departure.
    

7. Regular payments and security deposits for the booking will be displayed as {PCCSTEXT} on the Guest's credit card statement.
    

8. Guests must obtain permission from the Owner to have pets on the Rental Property.  If permission is not given by the Owner, any pet(s) found in or about the Rental Property will be grounds for expedited eviction and forfeiture of all monies paid.
    

9. No refunds will be provided due to mechanical or electrical failures such as pool filtration systems, air conditioning, appliances, television, etc, or supply of electricity, water, gas, or telephone services, or sewer blockages.  The Owner will make every reasonable effort to assure that such appliances will be and remain in good working order.  No refunds will be given due to power blackouts, water shortage, flooding, snow, construction at adjacent properties, or mandatory evacuations of the area by county officials due to hurricanes or other potentially dangerous situations arising from acts of god or nature.
    

10. Guest need a calling card in order to make calls from the Rental Property.
     

11. Smoking in the villa is NOT allowed. Smoking in the villa may result in forfeiture of some or all of the security deposit or incur an additional fee. For the convenience of all our guests, our smoking policy is clear: “Out of respect for all guests, current, and future, smoking is only permitted outside”.  Please take care of the risk of fire, as it can be dry and windy on Curaçao. Use the ashtrays provided and deposit your remnants in the trash bin, not in the yard.
     

12. We ask that you adapt your way of living to local customs and conduct yourself in a demeanor fit for this upscale neighborhood on Curaçao. Peace and tranquility are valued at the resort and quiet hours start at 10 PM.
     

13. Guest is responsible for all shipping costs for any Lost and Found items that Owner is requested to return to Guest.  Items found and not claimed within 30 days will be disposed of at the discretion of Owner.
     

14. Misuse of the pool by the spilling of foreign substances into the pool, i.e. soap, shampoo, oils, glass or metal will result in a Service Call Charge at the sole discretion of Owner.  Under no circumstances are pets allowed in the pool.  Violation of this provision shall be grounds for expedited eviction and forfeiture of all monies paid.
     

15. Linens and towels are supplied with Rental Property. Guest is responsible for lost or damaged items at the cost of two (2) times the price for such damaged or lost linens or towels.
     

16. Guest shall allow Homeowner access to the property for purposes of repair and inspection. The homeowner shall exercise this right of access in a reasonable manner.
     

17. In the event Owner is unable to make Rental Property available for any reason other than described above or a reasonable substitute as determined by Owner, Guest agrees that Owner's sole liability as a result of this unavailability is to provide a full refund of all monies paid under this Agreement and Guest expressly acknowledges that in no event shall Owner be held liable for any special or consequential damages which result from this unavailability.  Guest also agrees to indemnify Owner from and against liability for injury to Guest or any other person occupying Rental Property resulting from any cause whatsoever including, but not limited to, injuries sustained as a result of the use of the internet, phone, pool, decks, ocean border, etc.
     

18. Owner may terminate this Agreement upon the breach of any of the terms hereof by Guest.  Guest shall not be entitled to the return of any rental monies paid under the terms of this Agreement and shall vacate the Property immediately.
     

19. The agreement shall be enforced under the laws of Curacao; any and all disputes shall be submitted to the jurisdiction of Curacao, disregarding conflicts of law, forum, and venue, including any applicable rental acts of that state, and represents the entire Agreement.  Any amendments must be in writing and signed by both parties.  In the event of a dispute, legal action may only be instituted in the country Curacao within which the Rental Property is located.  If any part of this Agreement shall be deemed unenforceable by law, that part shall be omitted from this Agreement without affecting the remaining Agreement.  The owner shall conduct all brokerage activities in regard to this Agreement without respect to the race, color, religion, sex, national origin, handicap, or familial status of any Guest.
     

20. The Rental Property offers access to recreational and water activities, including but not limited to swimming.  Guest fully understands and acknowledges that outdoor recreational and water activities have inherent risks, dangers, and hazards.  Participation in such activities and/or use of equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability.  Guest agrees to fully indemnify and hold harmless the Owner and any and all agents, employees, or contractors for any injury or damage caused by these activities, whether caused by the negligence of the Owners, the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes foreseeable or unforeseeable.  Guest hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the Owners or by any other person.  Guest hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Owner and any and all agents, employees, or contractors from any, and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of Rental Property facilities, equipment, or activities.  Guest further assumes full responsibility for the actions of any and all persons whom he may allow to enter the property during the rental period and indemnifies Owner from any and all claims arising from such other persons.
     

NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained, Guest has read and agreed to the following:

 

I understand the rules and rental conditions upon which I am agreeing to rent accommodations, equipment, and use of the property and land.  I acknowledge and accept that the sole responsibility for safety lies with the participant.  In agreeing to this, I acknowledge that outdoor and water activities and exposure to the natural elements and animals can be dangerous and sometimes result in injury and even death.  Pool decks, shores, steps, and decks can be slippery, animals and insects can threaten and infect or injure, exposure to the elements can cause hypothermia, sunburn, among other risks inherent in participating in outdoor and water activities.  I know that alcohol and/or drugs do not mix safely with any outdoor activity.

I am over the age of 25 and assume responsibility for those in my charge under the age of 25.  I hereby assume all legal responsibility for bodily injury to me or to any person on the property as a result of my visit and use, operation or possession of equipment hired or loaned to me.  Acknowledging this, I accept complete responsibility for the minor children and myself in my charge and visit the property and equipment and engage in activities or events at my own risk.

 

I will abide by the rules and accept these rental conditions:

 

• The property I rent will be returned in the same condition in which it was rented and I will be responsible for all damage and/or loss that occurs during my rental period.

• I agree to hold harmless and to indemnify the Owner of the Rental Property against all loss, damage, expense and penalty on account of personal injury or property damage to the rental dwellers, the undersigned or to any minor child or children in the charge of the undersigned, howsoever rising, whether by act or acts or failure to act of the employees, owners or animals of the said company or property owners or not.

• I acknowledge receipt of the property in good order and condition (if found otherwise per my arrival I will contact Owner immediately) and further agree that the Owner of the Rental Property shall not be liable for consequential damages of any kind or nature from whatever cause arising, whether property or equipment is loaned or rented.

• I enter into agreement freely with the Owner of the Rental Property at my own risk, acknowledging the risks inherent in outdoor and river activities and assume any and all responsibility for the minor children and myself in my charge.

• All parties agree to and will comply with Curacao laws and any other applicable laws and regulations.