Terms & Conditions
This Rental Agreement and Contract (the “Agreement”) is a legally binding agreement made and entered into as of the Reservation Date written below by and between the undersigned person(s) or company (the “Guest”) and the undersigned owner, manager or agent (“Rental Agent”), pursuant to which the Guest has agreed to rent the residence described below (the “Property”), for the duration of the Rental Term for the Total Rental Fee and other good and valuable consideration as described herein.
CONDITION AND USE OF PROPERTY
The Property is provided in as marketed condition. Rental Agent shall use its best efforts to ensure the operation of all amenities in the Property, such as internet access, satellite or cable TV access or hot tubs, fireplaces as applicable. Rental Agent shall not be held responsible for such items failure to work, but will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges that use of amenities such as hot tubs, pools, spas, fireplaces, decks, and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guest’s own risk.
Guest shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the Property in clean and sanitary condition at all times. Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest use the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property
WAIVER OF LIABILITY
Lessee and/or Lessee’s guests hereby voluntarily accept all risk of personal injury, death and/or property damage to Lessee and /or Lessee’s guests which occur on or about the premises during said term of lease. Lessee further agrees to release and forever hold harmless Lessor and/or Lessor’s agents for any bodily injury, death and/or property damage sustained by Lessee and/or Lessee’s guests during said term of lease.
If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove all Guest’s property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred.
ASSIGNMENT OR SUBLEASE
Guest shall not assign, sublease, host parties/events at the Property or permit the use of any portion of the Property by other persons who are not family members or guests of the Guest and included within the number of and as permitted occupants under this Agreement
Lessee agrees to indemnify Lessor for any liabilities, theft, damage, cost or expense whatsoever arising from or related to any potential claim or litigation which may arise out of or in connection with Lessee use and occupancy of the premises during the term of lease and/or Lessee’s guests use and occupancy of the premises during said term of lease.
ENTRY AND INSPECTION
Rental Agent reserves the right to enter the Property with the prior permission of the guests for the purpose of maintenance repairs and inspection.
UNAVAILABILITY OF PROPERTY
In the event the Property is not available for use during the Rental Term due to reasons, events or circumstances beyond the control of Rental Agent, Rental Agent will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the Property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the Guest. If such replacement property cannot be found and made available, Rental Agent shall immediately return all payments made by the Guest, whereupon this Agreement shall be terminated and Guest and Rental Agent shall have no further obligations or liabilities in any manner pertaining to this Agreement.
Lessee understands Lessor provides no lifeguard on premises. Lessee further understands that said use of the pool is an inherently dangerous activity and assumes full responsibility for Lessee and/or Lessee’s guests own safety during said term of lease.
In the event Lessee cancels sixty (60) days prior to the commencement of said term of lease, the deposit amount is fully refundable minus applicable banking fees. If Lessee cancels less than sixty (60) days prior to commencement of said term of lease, the rental amount is forfeited.
Any cancellation or amendment request must be sent to us in writing via email and will take effect on the day we receive the request.
You will be liable to pay the cancellation or amendment charges shown below.
- More than 60 days before arrival date = 0% of the booking price.
- Less than 60 days before arrival = 100% of the booking price.
There will be no refunds if the client voluntarily decides to stop using the services included in the holiday before the end of his/her stay.
The purchase of travel insurance to cover unexpected cancellations is recommended. Lessee is encouraged to give consideration to the purchase of travel insurance as there are circumstances that can cause renters to cancel or interrupt their stay thereby forfeiting any non-refundable pre-payments or payments made for their trip.
EVICTION, LAW and AGENCY
In the event Lessee breaches any term of this agreement Lessor reserves the right to evict Lessee without notice. No refund will be given to Lessee. Lessee and Lessor agree the laws of Turks and Caicos Islands, British West Indies, shall govern this agreement. Lessor or its designated agent may administer this agreement. Lessee agrees to release and forever hold harmless Lessor’s agent.
Lessee understands that septic systems at TKCA properties use a natural bacterial process to break down waste. Lessee therefore agrees NOT to flush hygiene, personal care products & wipes down the toilets as these block the pipes and destroy the natural processes, which in turn inconveniences other guests when systems block and overflow.
NON SMOKING / NO ANIMALS ALLOWED
The units are strictly non-smoking and no animals are allowed inside. Lessee will be charged a fine and a cleaning fee of $300.00 (three hundred) US dollars plus fees on their credit card if these rules are not respected.
I/we, the undersigned, hereby apply for the above listed accommodation and warrant that I/we have read, understand and agree to the terms and conditions of this application, and I/we agree to abide by homeowners/agents/association restrictions on use of said property. I/we further understand and represent that I/we are executing this application on behalf of all parties named on the guest list.
THE CREDIT CARD SUPPLIED AT THE TIME OF RESERVATION WILL BE HELD FOR BACKUP SECURITY PURPOSES ONLY
INITIAL RENTAL CHARGES WILL NOT BE CHARGED TO THE CARD UNLESS PREVIOUSLY AGREED
Per Page 1 of this Agreement, it is hereby agreed that unpaid rent, excessive cleaning, damage, lost keys or lock-outs may be charged to this card if necessary.
I agree that this is a legally binding document and I have read all terms and conditions in this document.
DATA PROTECTION (Organic Law 15/1999 of 13th December )
In compliance with the Organic Law 15/1999 of 13th December, on Protection of Personal Data (“LOPD”), we inform that, through the completion of forms, your personal details will be incorporated and held in the company files, with the purpose of being able to offer and provide you with our services. In addition, we inform you of the possibility to exercise the right of access, rectification, cancellation and opposition with regard to your personal data, the company being responsible for the file.