General 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.
Check-in Time:3:00 PM
Check-out Time:11:00 AM
Payment Policy:
50% payment required at the time reservations are made, with the balance due 60 days
prior to arrival. VISA and MasterCard accepted.
Cancellation Policy:
For cancellations more than 60 days prior to arrival, the first payment will be applied toward a
future rental in the same property for up to 1 year of the original arrival date. If the
first payment is not applied to a future rental within 1 year, the payment is forfeited.
For cancellations within 60 days of arrival, 50% of the TOTAL RENT will not be refunded.
The remaining 50% will be applied toward a future rental in the same property for up to 1 year of
the original arrival date. If this amount is not applied to a future rental within 1 year, it will be forfeited.
The December 18 - January 3 Christmas and New Year weeks are non-refundable.
We strongly recommend purchasing Trip Insurance if you are renting during these
holiday weeks. Christmas and New Year weeks are also not eligible to be used to re-
book cancelled dates.
Un-used nights are not refundable once you are on island. We are not responsible for
refunds due to date changes made by airlines, cancelled flights, mechanical problems,
inclement weather or flight schedule errors made by the rental party and/or airlines.
Damage Policy:
We prefer not to collect a damage deposit, as the vast majority of our clients have
treated our homes as if they were there own. Should there be any damages or missing
items identified upon your departure, we will notify you and charge your credit card
accordingly.
Reservation Change Policy:
A $100.00 reservation charge applies for any changes to your original reservation.
Liability:
Regal Beach Club shall not be liable to you or any other person by reason of implied warranty, condition or other term, or under the terms of this
agreement; for any loss of monies, consequential loss, damage or other claims, which
arise out of or in connection with the use of the property by you or your invited guests.
Regal Beach Club will not be held liable for damages arising from injury, accident or
death involving the property, pool or the sea.
Condition and Use of the Property:
The Property is provided in “as is” 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.
Default:
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 or sublease 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.
Risk of Loss and Indemnification:
Guest agrees that all personal property, furnishings, personal affects and other items brought into the Property by Guest or their permitted guests and visitors shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Rental Agent shall not be responsible or liable for any reason whatsoever. Guest hereby covenants and agrees to indemnify and hold harmless Rental Agent and their agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorneys fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property and Guest expressly agrees to save and hold Rental Agent harmless in all such cases. RELEASE Guest hereby waives and releases any claims against Rental Agent, the Property owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest’s own initiative, risk and responsibility.
Entry and Inspection:
Rental Agent reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters or other authorized persons. If Rental Agent has a reasonable belief that there is imminent danger to any person or property, Rental Agent may enter the Property without advance notice.
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.
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.
Security Policy:
We encrypt certain sensitive information (such as credit card information) using Secure Sockets Layer (SSL) technology to ensure that your Personally Identifiable Information is safe as it is transmitted.
General Provisions:
This Agreement contains the entire agreement between the parties with regard to the rental of the Property, and any changes, amendments or modifications hereof shall be void unless the same are in writing and signed by both the Guest and the Rental Agent. This Agreement shall be governed by the laws of the Cayman Islands. The words “Rental Agent” and “Guest” shall include their respective heirs, successors, representatives. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected. Any notice required to be given under this Agreement shall be in writing and sent to the contact information included herein. This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. Execution of a digital signature shall be deemed a valid signature.