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GENERAL TERMS AND CONDITIONS
1.1 These General Terms and Conditions are applicable to all offers, reservations and agreements with regard to all accommodations and other facilities that are rented out by The Beach House.
1.2 In these General Terms and Conditions the term ‘tenant” will be understood to mean: the person who enters into an agreement with The Beach House with regard to rent/use of accommodation. The term ‘user’ will be understood to mean: the tenant and the persons stated by the tenant who (will) make use of the accommodation and/or other facilities rented by the tenant.
1.3 These General Terms and Conditions will be applicable irrespective of your (previous) reference to any conditions of your own or to other General Terms and Conditions. The Beach House rejects any General Terms and Conditions referred to or applied by you.
1.4 Arrangements deviating from these General Terms and Conditions will only be valid if they have been agreed upon in writing.
2.1 The Beach House will only handle reservations made by persons who are 18 years or older. Therefore, reservations made by persons below that age will not be valid.
2.2 The Beach House reserves the right to reject especially large groups, or to place special conditions upon them, without stating the reason.
2.3 Once The Beach House has accepted your reservation, The Beach House will send you a written confirmation, at the same time invoice, within 5 days after making the reservation. Immediately upon receipt, you should check it for correctness. Inaccuracies, if any, should be stated to The Beach House immediately.
2.4 If you are not in receipt of a written confirmation/invoice within 5 days after making the reservation, please contact the reservation department immediately. If aforementioned is not followed, no claim can be laid on the basis of the mere fact of reservation and no reclamations are possible.
2.5. Between you and The Beach House an agreement is concluded to the effect that The Beach House rents to you accommodation, owned by third parties, for account of such owners. The Beach House has acquired the relevant right by means of an irrevocable agreement with the owner and will be authorized to enter into tenancy agreements with tenants on behalf of the owner.
2.6. Between you and The Beach House an agreement is concluded at the time when The Beach House has sent you the written confirmation, at the same time invoice, of your reservation.
2.7. The agreement relates to rent of accommodations and/or other facilities for recreational use which, by nature, is of short duration.
3. AMENDMENTS TO THE AGREEMENT
3.1 If, after conclusion of the agreement, you should wish to introduce any amendments to the agreement, The Beach House will not be under an obligation to accept such amendments. The Beach House will be free to stipulate if and to what extent such amendments will be accepted by it. In case The Beach House accepts your amendments, The Beach House may charge you amendment costs.
3.2 Changes of arrival dates will not be permitted. In such cases the cancellation conditions will be applicable.
3.3 If The Beach House should accept your amendments, only a written undertaking will be valid.
4.1 The tenant and other users will not be permitted to allow any third parties, other than the persons mentioned in the agreement, to use the accommodation, by whatever denomination and on whatever ground, unless otherwise agreed upon in writing with The Beach House.
4.2 If you and The Beach House have agreed that you and/or one or more users will be substituted for, you, in addition to the tenant and/or users who are substituted for you and/or other users, will remain severally liable toward The Beach House for payment of the part due of the rent, the amendment costs (see article 3.1) and any additional expenses in consequence of the substitution and cancellation fee, if any.
5.1 You will have to pay The Beach House the rent agreed upon, as stated in the written confirmation, at the same time invoice, of the reservation. If the costs of The Beach House have demonstrably and unexpectedly risen after the conclusion of the agreement, The Beach House will have a right to increase its prices and to charge the increased price to you.
5.2 Price reductions and/or special offers can no longer be made use of, if the confirmation of the reservation/invoice has been dispatched by The Beach House.
6. ADDITIONAL EXPENSES
6.1 In addition to the rent, you/the tenant, will have to pay taxes, if any, such as turnover tax and payable contributions to other levies.
7.1 Payment authorization; you expressly authorize The Beach House to reservation payment and to charge your payment instrument for the total fee.
7.2 All reservations require a deposit in lieu of a guarantee. When making a reservation you should make a down payment of 30% plus expenses charged. You hereby authorize us to make charge your payment instrument the 30% down payment at the time of reservation.
7.3 The remaining amount of the rent must be received by The Beach House 4 weeks (30 days) at the latest 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 make charge your payment instrument 4 weeks at the latest before the day of commencement of the stay at The Beach.
7.4 In case of reservation within 4 weeks before commencement of your stay, the whole reservation amount should be paid in full upon the reservation being made. You hereby authorize us to make charge your payment instrument at the time of reservation.
7.5 Non-Refundable; Full payment is required, in case of a “Non-Refundable” mode of reservation. The full payment must be made at the time of making your reservation. You hereby authorize us to make charge your payment instrument for the full amount at the time of reservation. Changes or cancelation made to this type of reservation, are non-refundable.
7.6 In case of overdue payment of the amounts invoiced to you, you will be in default of payment immediately upon expiration of the term of payment. In such case The Beach House will give you notice in writing of the possibility of still paying the amount due within 7 days. If even then payment remains forthcoming, The Beach House will reserve the right to dissolve (annul) the agreement with effect on the day on which the 7-day period has expired, and you will be liable for all losses that The Beach House suffers or will suffer in consequence, inclusive of all expenses that The Beach House has had to make in connection with your reservation and the dissolution. The Beach House will in any case have a right to charge cancellation costs. In such case the provisions of article 14 will be applicable.
7.7 The Beach House will at all times be entitled to set off claims on you, on any ground whatsoever, against the amounts paid by you on any ground whatsoever.
8. ARRIVAL AND DEPARTURE
8.1 The rented accommodation can be occupied as from 16.00 hours on the day of arrival agreed upon, as stated on the confirmation of reservation. On the day of departure agreed upon, as stated on the confirmation of reservation, the accommodation should be vacated before 11.00 hours.
8.2 If you should wish to extend the agreement with The Beach Hotel so as to exceed the duration agreed upon, and The Beach House agrees, The Beach House will always be entitled to indicate another accommodation.
8.3 If the use of the accommodation and/or other facility should be terminated earlier than on the date agreed upon, as stated on the confirmation of the reservation, the tenant will not be entitled to restitution of (part of) the rent and/or charges.
8.4 If available, you can make use of the ‘early check-in’ or ‘late check-out’ facility; charges are involved, however.
9.1 All guests should observe the rules established by The Beach House, laid down in, among other things, the House Rules and the Swimming Pool Rules. Upon arrival, you may ask for these regulations at the reception desk.
9.2 In accordance with local ordinances, if required, identification at the ‘check-in’ desk will be compulsory. If guests cannot show any proof of identity, The Beach House will be neither able nor permitted to accommodate such guests.
9.3 Each accommodation may only be occupied by the number of persons stated in the agreement/reservation for the accommodation involved.
9.4 The Beach House reserves the right to introduce changes in the set-up and opening hours of the facilities of the resort. For required maintenance to be done, you will tolerate work being executed on the accommodation or other facilities during your stay, without being entitled to any compensation.
9.5. The tenant should deliver the accommodation swept clean (so: do not leave dishes to be washed, clean the kitchen and empty the refrigerator).
9.6 In case of violation of the rules provided in these General Terms and Conditions, the House Rules and/or Swimming Pool Rules, and/or failure to observe the instructions of the personnel, The Beach House will have the right to remove you, the tenant, and any other user from the apartment complex without delay, without restitution of the rent or a part of it.
9.7 If the management of The Beach House has a serious suspicion that the tenant acts contrary to the law and/or public order and/or good morals, the management will at all times be authorized to procure access to the accommodation.
Pets are not permitted at The Beach House.
11. USE ACCOMMODATION; INVENTORY
11.1 The tenant mentioned on the confirmation of the reservation bears the main responsibility, so also for those who accompany the tenant, for an orderly course of affairs in and around the rented accommodation.
11.2 In addition, the tenant will always be liable, without prejudice to the liability of other users, for damage caused by breakage and/or loss and/or damage caused to the inventory and/or accommodation or anywhere else in the building. Any damage should be reported immediately by the tenant to The Beach House, and should be compensated for on the spot without delay, unless the tenant can prove that the damage cannot be imputed to any fault of his own, of other users or any of the members of his company.
11.3 The price list of furnishings, fittings and the inventory can be obtained at the reception desk.
12. INTERNET USE
12.1 The Beach House provides the tenant and those who accompany the tenant with access to the Internet by means of a WIFI network.
12.2 The tenant will be responsible for correct use of the Internet and also the required hardware and software, configuration, peripheral apparatus and connections for their support, and measures for the security of computers and the operating system.
12.3 The Beach House will not be liable for damage caused by use of the Internet or by network failures.
12.4 When using the Internet, the tenant and those who accompany him should behave as may be expected from a responsible and careful internet user, and respect legal regulations. He will refrain from conduct causing inconvenience to other Internet users or causing damage to The Beach House in the widest sense. The tenant and those who accompany the tenant will refrain from visiting Internet sites that are of an unlawful nature or are not in accordance with the reputation of The Beach House as a provider of accommodation.
12.5 Upon detection or suspicion of inconvenience caused to third parties and/or (other) Internet users by the tenant or those who accompany the tenant, The Beach House will have a right to block the access to the Internet without any further notice.
12.6 The tenant will indemnify The Beach House against claims of third parties on compensation of damages which such third parties could recover from The Beach House in any manner, insofar as such claim is based on the use made of the Internet by the tenant or those who accompany him.
13. SECURITY DEPOSIT
13.1 At the commencement of the stay, a security deposit of $ 250.- will have to be paid per accommodation. In case the security deposit is not paid at once, The Beach House will have a right to deny the tenant and/or other users access to and use of the accommodation.
13.2 If you should fail to pay the security deposit, The Beach House will additionally have a right to dissolve (annul) the agreement with immediate effect.
13.3 The security deposit or its remainder, if any, after payment of claims of The Beach House on the tenant and/or users from it, will be refunded, if you leave the accommodation as it should be, with due observance of the provisions laid down in articles 9 and 11.The act of restitution does not exclude the possibility of further claims for compensation in case of damages that can be attributed to tenant.
14. CANCELLATION CHARGES
14.1 If a reservation is cancelled, cancellation charges will be payable. In case of cancellation until one month before the day of arrival, these charges will be 30% of the total expenses and in case of cancellation within a month before arrival, the cancellation charges will be 100% of the total charges/rent agreed upon.
14.2 If you fail to arrive within 24 hours after the date agreed upon, without any notice to such effect, it will be considered to be a cancellation.
15. FORCE MAJEURE AND MODIFICATION
15.1 In case The Beach House is (temporarily) unable to execute the agreement, either in full or in part, owing to force majeure, it will present to you, within 14 days after it has learned of the impossibility for the agreement to be complied with, a proposal for a modification (for alternative accommodation/ alternative period etc.).
15.2 There will be force majeure on the part of The Beach House if execution of the agreement, either in full or in part, is hindered, whether temporarily or not, by circumstances beyond the control of The Beach House, which will be understood to include danger of war, personnel strikes, blockades, fire, floods, natural disasters and other disturbances or events.
15.3 You will have a right to reject the proposal for modification. If you reject the proposal for modification, you should give notice to such effect within 14 days upon receipt of the proposal for modification. In such case The Beach House will have a right to dissolve the agreement with immediate effect. In such case you will be entitled to cancellation and/or restitution of (the part already paid of) the rent. In such case The Beach House will not be required to compensate any damage.
16. NOTICE OF TERMINATION
16.1 The Beach House will at all times have a right to give notice of termination of the agreement with immediate effect, if at the time of reservation personal data of yours and/or other users are stated incompletely or incorrectly. In such a case no refund will be made of the rent or part of it.
17.1 The Beach House will not accept liability for theft (inclusive of theft from accommodation vaults), loss or damage of or to things or persons, of any nature whatsoever, during or in consequence of the stay on the complex and/or the rent/use of the accommodation, unless a case of intent or gross fault on the part of The Beach House or (one of) its employees is involved.
17.2 Liability for loss consisting of loss of enjoyment of travel or loss of profits or any other consequential loss, will be excluded under all circumstances. Further, The Beach House will in no case be liable for loss for which entitlement to compensation exists on the ground of travel and/or cancellation insurance or any other insurance.
17.3 The Beach House will not be liable for disruptions of the service or deficiencies in services supplied by third parties.
17.4 Liability on the ground of unlawful act will in any case be limited to a maximum of $ 75,000.- in case 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.
17.5 You, together with the user, are severally liable for any loss and/or damage to the rented accommodation and/or other property of The Beach House, arisen during its use by you and/or other users, irrespective whether it has been caused by any handling or omission by yourself and/or by third parties who are in the complex with your permission.
17.6 You will indemnify The Beach House against all claims on the ground of loss of third parties that has (also) been caused by any handling or omission by yourself, other users, your fellow travelers or third parties who are in the complex with your permission.
17.7 In case of the accommodation not being properly used or not being vacated in a proper state, inclusive of, but not being limited to excessive dirtying, additional charges will be made, which you will then be obliged to pay immediately.
18.1 In spite of the care and efforts of The Beach House you may be of opinion that you have a justified claim with regard to your vacation stay. In the first instance you should report this complaint on the spot and without delay to the management of The Beach House. Should the complaint not be handled to your satisfaction, you will have an opportunity, 1 month at the latest 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 and Residence data, date of stay, and accommodation number. The complaint will then be handled with the greatest care. Should even this fail to provide a satisfactory solution, you will have an opportunity, until 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 judge. The decision of this committee will have the effect of a binding recommendation.
19. APPLICABLE LAW
19.1 The agreement between you and The Beach House is exclusively governed by the law of Curaçao.
20. TRAVELLING DOCUMENTS
20.1 You are personally responsible for having the valid travelling documents required for your destination. The Beach House will not accept any responsibility for the consequences arising from not having the correct travelling documents.
21.1 All data that you supply to us will be included in a file. The data file will be used for our guest administration. These personal data may also be used to give directed information and offers with regard to our products and services.
21.2 At your request we will correct, supplement, remove or protect your data, in case such data, for instance, are actually incorrect. You will have a right to request to be informed if your personal data are processed.
21.3 If you are not interested in being sent interesting information or offers, you can inform us to such effect by sending an e-mail message to email@example.com.
22.1 Apparent misprints and printing errors will not bind The Beach House. These General Terms and Conditions will cause all previous publications to cease to be effective.