General terms and conditions
1. APPLICATION1.1 These general terms and conditions apply to all offers, reservations and agreements regarding all accommodations and other facilities rented out by The Beach House.
1.2 In these general terms and conditions, the term tenant shall mean: the person who enters into an agreement with “The Beach House” regarding the rental/use of accommodation. The term user shall mean: the tenant and the persons designated by the tenant who will use the accommodation and/or other facilities rented by the tenant.
1.3 These general terms and conditions apply regardless of your (previous) reference to any terms and conditions of yourself or to other general terms and conditions. “The Beach House” rejects all general terms and conditions that are mentioned or applied by you.
1.4 Agreements that deviate from these general terms and conditions are only valid if they have been agreed in writing.
2. RESERVATIONS2.1 “The Beach House” only accepts reservations from persons who are 18 years or older. Therefore, reservations from persons under that age are not valid.
2.2 “The Beach House” reserves the right to refuse large groups or to impose special conditions without stating the reason.
2.3 After “The Beach House” has accepted your reservation, “The Beach House” will send you a written confirmation and invoice within 14 days of the reservation. Immediately upon receipt, you must check it for correctness. Inaccuracies, if any, must be reported to “The Beach House” immediately.
2.4 If you have not received a written confirmation/invoice within 14 days after the reservation, you can contact the reservations department immediately. If the aforementioned is not followed, no claim can be established based on the fact of reservation and no recoveries are possible.
2.5. An agreement has been concluded between you and The Beach House that The Beach House will take care of accommodation rented out by third parties for you. “The Beach House” has acquired the relevant right by means of an irrevocable agreement with the owner and is authorized to enter into rental agreements with tenants on behalf of the owner.
2.6. An agreement is concluded between you and The Beach House at the time that The Beach House has sent you the written confirmation, at the same time the invoice, of your reservation.
2.7. The agreement relates to the rental of accommodations and/or other facilities for recreational use, which are by nature short-term.
3. CHANGES TO THE AGREEMENT3.1 If you wish to submit any changes to the agreement after the conclusion of the agreement, The Beach House is not obliged to accept such changes. “The Beach House” is free to determine whether and to what extent such changes are accepted by it. In the event The Beach House accepts your changes, The Beach House may charge the costs.
3.2 Changes to arrival dates are not permitted. In such cases, the cancellation policy will apply.
3.3 If “The Beach House” has to accept your changes, only a written order is valid.
4. SUBSTITUTION4.1 The tenant and other users may not allow third parties, other than the persons mentioned in the agreement, to use the accommodation, under whatever name and on whatever grounds, unless otherwise agreed in writing with The Beach House.
4.2 If you and The Beach House have agreed to the fact that you and/or one or more users will be replaced, you, in addition to the tenant and/or users who have replaced you and/or other users, will remain liable to The Beach House for payment of the portion due to the rent, the amendment costs (see article 3.1) and any additional costs resulting from the replacement and cancellation fee.
5. PRICES5.1 You must pay the rental price of “The Beach House” as stated in the written confirmation and invoice of the reservation. If the costs of “The Beach House” are demonstrable and unexpected after the conclusion of the agreement, The Beach House has the right to increase its prices and charge you the increased price.
5.2 Price reductions and/or special offers can no longer be used once the reservation confirmation/invoice has been sent by The Beach House.
6. ADDITIONAL COSTS6.1 In addition to the rent, you/the tenant will pay any taxes, such as sales tax and payable contributions to other levies.
7. PAYMENTS
7.1 Payment Authorization; You expressly authorize The Beach House to take payment for the reservation and charge the total cost to your payment instrument.
7.2 All reservations require a deposit in the form of a guarantee for your reservation. When making a reservation, you will be required to pay a deposit of 30% including any charges. You hereby authorize us to charge the 30% deposit to your payment instrument at the time of booking.
7.3 The remaining amount of the rental sum must be received by The Beach House no later than 4 weeks (30 days) before the day of commencement of the stay at The Beach House, as stated in the confirmation of the reservation. You hereby authorize us to charge your means of payment no later than 4 weeks before the day of commencement of the stay at The Beach.
7.4 When booking within 4 weeks before the start of your stay, the entire reservation amount must be paid in full when making the reservation. You hereby authorize us to charge your payment method at the time of booking.
7.5 Non-refundable; Full payment is required for a “non-refundable” booking method. Full payment is due at the time of making your booking. You hereby authorize us to charge your payment instrument for the full amount at the time of booking. Any changes or cancellations to this type of booking will not be refunded.
7.6 In the event of late payment of the amounts invoiced to you, you will be in default immediately after the payment term has expired. In that case, The Beach House will inform you in writing of the possibility to pay the amount due within 7 days. If payment is still not made, The Beach House reserves the right to terminate (dissolve) the agreement with effect from the day on which the 7-day term has expired and you will be liable for all damage suffered by The Beach House or suffered as a result, including all costs incurred by The Beach House in connection with your reservation and the termination. The Beach House has the right to charge cancellation costs in any case. In that case, the provisions of article 14 apply.
7.7 The Beach House is at all times entitled to offset claims against you, for whatever reason, against amounts paid by you for whatever reason.
8. ARRIVAL AND DEPARTURE8.1 The rented accommodation can be occupied from 16:00 on the agreed day, as stated on the confirmation of the reservation. On the day of departure, as stated on the confirmation of the reservation, the accommodation must be vacated before 11:00.8.2 If you wish to extend the agreement with The Beach Hotel to extend the agreed duration and The Beach House agrees, The Beach House always has the right to indicate another accommodation.
8.3 If the use of the accommodation and/or other facility must be terminated earlier than the agreed date, as stated in the confirmation of the reservation, the tenant is not entitled to a refund of (part of) the rent and/or costs.
8.4 If possible, you may use the early check-in or late check-out facility; however, charges will be involved.
9. REGULATIONS9.1 All guests must observe the rules set by The Beach House, including the House Rules and the Swimming Pool Rules. You can ask for these regulations at the reception upon arrival.
9.2 In accordance with local regulations, identification is required at the check-in desk. If guests cannot provide identification, The Beach House will not be able to accept these guests.
9.3 Each accommodation may only be occupied by the number of persons stated in the agreement/reservation for the accommodation in question.
9.4 “The Beach House” reserves the right to make changes to the layout and opening hours of the resort facilities. For the required maintenance you will be accepted that will be carried out during your stay on the accommodation or other facilities, without entitlement to compensation. In case of violation of the rules that are observed in these general terms and conditions, the house rules and / or swimming pool rules and / or the instructions of the staff, The Beach House has the right to remove you, the tenant, and any other user of the apartment complex without delay without refund of the rent or part thereof.
9.5. The tenant must deliver the accommodation swept clean. (Do not let go of the dirty dishes and clean the kitchen and the refrigerator.)
9.6 In case of violation of the rules stated in these general terms and conditions, the house rules and/or swimming pool rules and/or the instructions of the staff, “The Beach House” has the right to remove you, the tenant, and any other user of the apartment complex without delay without refund of the rent or part thereof.
9.7 If the management of The Beach House seriously suspects that the tenant is in conflict with the law and/or public order and/or good morals, the management will at all times be authorized to gain access to the accommodation.
10. PETSPets are not allowed at The Beach House.
11. USE OF ACCOMMODATION; INVENTORY11.1 The tenant named in the booking confirmation has the primary responsibility, including the tenant's supervisor, for the orderly running of affairs in and around the rented accommodation.
11.2 In addition, the tenant is always liable, without prejudice to the liability of other users, for damage caused by breakage and/or loss and/or damage to the inventory and/or accommodation or anywhere else in the building. Any damage must be reported immediately by the tenant to The Beach House and must be compensated on site without delay, unless the tenant can demonstrate that the damage cannot be attributed to any damage of his own, of other users or of one of the members accompanying him/her.
11.3 The price list of furniture, fittings and inventory is available at reception.
12. INTERNET USE12.1 The Beach House provides the tenant and those accompanying the tenant with access to the internet via a WiFi network.
12.2 The tenant will be responsible for the correct use of the internet and also the required hardware and software, configuration, peripherals and connections for their support and measures for the security of computers and the operating system.
12.3 “The Beach House” is not liable for damage caused by use of the internet or by network errors.
12.4 When using the internet, the tenant and those accompanying him must behave as can be expected of a responsible and careful internet user and observe the legal regulations. He will refrain from behavior that causes inconvenience to other internet users or causes damage to The Beach House in the broadest sense. The tenant and those accompanying the tenant will refrain from visiting websites that are of an illegal nature or that are not in accordance with the reputation of The Beach House as a provider of accommodation.
12.5 In case of detection or suspicion of inconvenience to third parties and/or other internet users by the tenant or those accompanying the tenant, The Beach House has the right to prohibit access to the internet without further notice.
12.6 The tenant shall indemnify The Beach House against claims by third parties for damages that such third parties could recover from The Beach House in any way whatsoever, to the extent that such claim is based on the use of the internet by the tenant or those accompanying him.
13. DEPOSIT13.1 At the start of the stay, a deposit of $250.- per accommodation must be paid. In case the deposit is not paid at the same time, The Beach House has the right to deny the tenant and/or other users access to and use of the accommodation.
13.2 If you do not pay the deposit, The Beach House also has the right to immediately terminate (cancel) the agreement.
13.3 The deposit or the other, if applicable, after payment of claims of The Beach House on the tenant and / or users thereof, will be refunded, if you leave the accommodation as it would be, in compliance with the provisions established in Articles 9 and 11. The recovery excludes the possibility of further claims for compensation in the event of damage that can be attributed to the tenant.
14. CANCELLATION FEES14.1 If a reservation is cancelled, cancellation fees will be due. In case of cancellation up to 30 days before the day of arrival, no cancellation fees will be charged. In case of cancellation within 30 days before the day of arrival, cancellation fees will be 100% of the total costs / rental agreement.
14.2 If you do not arrive within 24 hours of the agreed date, without any notice to such effect, it will be considered as a cancellation.
15. RESERVATION REQUESTS15.1 There is a possibility to make a reservation for a period in which the rates have not yet been published. The renter must pay $50.- in advance as a deposit, which deposit can be offset against the final amount. If the provisional reservation is not converted into the final reservation, the deposit will not be refunded.
16. FORCE MAJEURE AND MODIFICATION16.1In the event that The Beach House is (temporarily) unable to perform the agreement, either in whole or in part, as a result of force majeure, it will inform you, within 14 days after it has become aware of the impossibility to perform the agreement, with a proposal for modification (for alternative accommodation / alternative period, etc.).
16.2 There will be force majeure on the part of “The Beach House” if the execution of the agreement, whether temporarily or not, is hindered by circumstances beyond the control of The Beach House, it being understood that there is a risk of war, staff strike, blockades, fire, floods, natural disasters and other disruptions or events.
16.3 You have the right to refuse the proposal for change. If you refuse the proposal for change, you must give notice of this effect within 14 days after receipt of the proposal for change. In such a case, The Beach House has the right to terminate the agreement with immediate effect. In that case, you have the right to cancellation and/or refund of (the already paid part of) the rental price. In such a case, The Beach House will not be obliged to compensate for any damage.
17. NOTICE OF TERMINATIONGC The Beach House, Version 1.1, October 2, 201217.1 “The Beach House” shall at all times have the right to immediately notify termination of the agreement, if at the time of reservation personal data of you and/or other users are provided incompletely or incorrectly. In such a case no refund of the rent or part thereof will be made.
18. LIABILITY18.1 “The Beach House” accepts no liability for theft (including theft of housing walls), loss or damage to property or persons of any nature whatsoever during or as a result of the stay at the complex and/or the rental/use of the accommodation, unless there is an intention or gross negligence involved on the part of “The Beach House” or (one of) its employees.
18.2 Liability for loss, consisting of loss of enjoyment of the trip or loss of profit or any other consequential damage, is excluded under all circumstances. Furthermore, The Beach House will in no case be liable for loss for which there is a right to compensation on the basis of a travel and/or cancellation insurance or another insurance.
18.3 “The Beach House” is not liable for disruptions to the service or shortcomings in services provided by third parties.
18.4 Liability based on tort will in any case be limited to a maximum of $ 75,000. In the event of personal accidents, per guest per stay, and liability for material damage will in any case be limited to a maximum of $ 1,500.- per tenant / user per stay.
18.5 You, together with the user, are liable for any loss and/or damage to the rented accommodation and/or other property of The Beach House, arising during the use by you and/or other users, regardless of whether it is caused by any treatment or omission by yourself and/or by third parties who are in your complex with your permission.
18.6 You will indemnify “The Beach House” against all claims based on loss of property suffered by third parties by yourself or other users, your colleagues or third parties who have entered your complex.
18.7 If the accommodation is not used correctly or is not vacated in a proper condition, including but not limited to excessive soiling, additional charges will be levied which you will then pay immediately.
19. COMPLAINTS19.1 Despite the care and efforts of The Beach House, you may be of the opinion that you have a justified claim regarding your holiday accommodation. In the first place, you must report this complaint on site and without delay to the management of The Beach House. If the complaint is not handled to your satisfaction, you will be given the opportunity 1 month after your departure from the apartment complex to send the complaint in writing to: The Beach House guest service department, stating: reservation number, name, address details and accommodation details, date of stay and accommodation number. The complaint will then be handled with the utmost care. If this does not even lead to a satisfactory solution, you will be given up to 3 months after departure from the apartment complex to have the complaint handled by the Disputes Committee applicable in Curaçao, or to submit the complaint to the legally competent court. The decision of this committee will have a binding recommendation.
20. APPLICABLE LAW20.1 The agreement between you and The Beach House is exclusively governed by the law of Curacao.
21. TRAVEL DOCUMENTS21.1 You are personally responsible for the necessary travel documents for your destination. “The Beach House” accepts no liability for the consequences of not having the correct travel documents.
22. PRIVACY22.1 All data you provide to us will be included in a file. The data file is used for our guest administration. This personal data can also be used to provide targeted information and offers regarding our products and services.
22.2 At your request, we will correct, supplement, delete or protect your data, for example in the event that such data is incorrect. You have the right to request to be informed if your personal data is processed.
22.3 If you are not interested in interesting information or offers, you can inform us of this by sending an e-mail to reservations@beachhousecuracao.com.
23. GENERAL23.1 Apparent printing points and printing errors do not bind “The Beach House”. These General Terms and Conditions shall ensure that all previous publications cease to be effective.