UNLIMITED LUXURY VILLAS
Rental Property Terms & Conditions
IMPORTANT: THESE TERMS AND CONDITIONS GOVERN THE AGREEMENT FOR PROPERTY ACCOMMODATIONS, TRANSPORTATION, AND OTHER SERVICES BETWEEN YOU AND ANYONE TRAVELING WITH YOU (COLLECTIVELY AND INDIVIDUALLY “GUEST”) AND RENTAL PROPERTY (COLLECTIVELY AND INDIVIDUALLY “PROPERTY”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR DEPOSIT OR ACCEPTANCE OF ANY VOUCHERS FROM RENTAL PROPERTY CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS (THE “AGREEMENT”).
Additional Definitions: As used herein, “Arrival” means the Guest’s arrival at the Property for the start of their STAY. “Property” means the RENTAL PROPERTY Property(s) visited by Guest.
• These terms and conditions shall supersede and/or override any representations contained in any advertising and promotional materials to the extent of any inconsistency.
• Travel Agents: Any travel agent used by Guest to make reservations is, for all purposes, Guest’s agent. Neither Rental Property, shall be liable for any representations made by Guest’s travel agent. No travel agent has the authority to modify or waive these terms and conditions.
• Rates: All rates are subject to change until purchase price is paid in full. All rates are subject to change at any time due to the imposition of taxes or other government charges; fare increases, fuel or other surcharges, or other events beyond Rental Property’s control. RENTAL PROPERTY may reissue the invoice for any reservation to reflect any such changes, or to correct any error in the computation of the purchase price of your reservation. All rates are in U.S. dollars.
• Payments Required to Secure Reservation: Payment of the total purchase price, including all applicable taxes and service charges is due in full at the time of booking. The minimum deposit of 100 (100%) percent of the total purchase price (if reserved through RENTAL PROPERTY sales channels or “hotel collect” options from online travel agencies. i.e. Expedia) is due at time of booking to secure a confirmed reservation.
• As of the above-mentioned Due Date, without further notice, the Guest authorizes RENTAL PROPERTY to charge the balance of payment of the purchase price in full to the credit card provided by the Guest at time of making the booking.
• RENTAL PROPERTY may cancel any booking and release any Property for which full payment has not been received by the earlier of the respective Due Date above mentioned or at least 21 days prior to Arrival. The date for full and final payment may be subject to change during certain periods. Guest’s booking confirmation will provide notice of any such change.
• Cancellation Charges: For cancellation by Guest, cancellation charges depend on when RENTAL PROPERTY receives notice of the cancellation. Minimum cancellation charges are as follows:
• If notice is received 31 days or less prior to Arrival a Cancellation Charge of 100% of the total purchase price applies. If the Guest is a No Show on the scheduled Arrival date 100% of the total purchase price is forfeited without deduction as a No Show Penalty. If notice is received 32 days or more prior to Arrival, excluding booking dates that include Statutory Holidays and the Holiday Period, no Cancellation Charges apply.
• If notice is received before October 31st for the dates from December 19th to January 4th, no Cancellation Charges apply. If notice is received after October 31st for the dates from December 19th to January 4th, Cancellation Charge of 100% of the total purchase price applies.
• Certain packages may be non-refundable regardless of time of cancellation. In order to receive a refund, if applicable, Guest must request and receive a cancellation confirmation number. The cancellation charges outlined above are liquidated damages and not a penalty. Holiday periods may be subject to additional cancellation charges. NO REFUNDS OR ADJUSTMENTS WILL BE MADE FOR ANY PORTION OF VACATION PACKAGE OR THIRD PARTY SERVICES NOT UTILIZED.
• Changes to Reservations: RENTAL PROPERTY does not charge Guests a Change Fee. If Guest desires to change, but not cancel, a reservation, Guest may request a Change to Reservation from RENTAL PROPERTY at any time prior to the originally scheduled Arrival date for all bookings, excluding those during peak Statutory Holiday Dates and Periods when the Property is historically sold out. RENTAL PROPERTY will use its best efforts to accommodate all Change requests, but confirmation is subject to availability and cannot be guaranteed. All requested changes to reservations are subject to RENTAL PROPERTY’s sole discretion, and any changes must be approved in writing. Changes are subject to all applicable room rates in effect, including fees, and charges at the time of confirming the changes. If the revised reservation is subsequently cancelled, the cancellation penalties for the original dates of travel will apply.
• Special Requests: RENTAL PROPERTY cannot guarantee that it will satisfy special requests (including but not limited to requests for specific rooms or room locations, adjoining rooms, bed sizes, meal reservations or seatings, or services provided by third party providers). RENTAL PROPERTY is not responsible if such requests are not met.
• Room Occupancy Limitations: Each Property and Room Type have set occupancy levels for fire, safety, and insurance purposes. All rates published are based on minimum occupancy per unit. Additional Guests will incur additional costs per extra, child, adult or senior citizen as published online from time to time. Guests must be a minimum of 18 years of age at Arrival.
• Persons with Disabilities: RENTAL PROPERTY cannot guarantee that destination airports, airport transfer vehicles, or Property accommodations are wheelchair accessible. Purchase price does not include any services that may be specially required as a result of a physical disability. At this time RENTAL PROPERTY Property is not wheelchair or handicapped persons accessible.
• Room and Property Changes: RENTAL PROPERTY may, for any reason, at any time, and without prior notice, substitute Properties and/or rooms for accommodations of equal or greater value than those specified in Guest’s reservation. RENTAL PROPERTY shall not be liable for any loss or injury to Guest caused by such substitution of Property and/or rooms.
• Security Deposit: Upon Arrival at the Property all Guests will be required to provide a credit card pre-authorized for a minimum of $500 per room to cover all expenses related to incidentals, and a loss or damage deposit. The Guest agrees that without further notice RENTAL PROPERTY can automatically increase the pre-authorized minimum of a sufficient amount to cover the total cost of all non-room relates expenses incurred through the duration of the stay and process payment for the before, during and after check -out. Regardless of the date such expenses were incurred by the Guest the Guest authorizes RENTAL PROPERTY to process payment for all charges to any credit card on file for the booking.
• Travel Documents: PROOF OF CITIZENSHIP IS GUEST’S RESPONSIBILITY. Guest is responsible for furnishing proof of citizenship in the form of a valid passport, and any other documentation necessary for travel.
• Compliance with Local Law: Guest is responsible for knowing, obeying and complying with the laws, rules and regulations of their destination, and neither RENTAL PROPERTY has any duty to inform or warn Guest about the destination’s laws, and/or rules & regulations. Property Rules & Regulations are available at the determined check in area for each property.
• Applicable Law: All claims whatsoever against RENTAL PROPERTY, its affiliates, subsidiaries, directors, officers, employees, agents, or partners, arising from, in connection with, or incidental to the agreement, or guest’s visit to property, including, but not limited to, any claims relating to the formation, interpretation, construction, waiver, modification, performance, discharge, or breach of the agreement, or the existence, extent, or breach of any fiduciary duty, or any duty in tort or pursuant to any statute, shall be litigated solely and exclusively in Delaware and shall be exclusively governed by the laws of the State of Delaware without regard to the choice of law principles thereof.
• Notwithstanding, any claims whatsoever arising from, in connection with, or incidental to any personal injury, illness or death, that include any claim whatsoever against RENTAL PROPERTY, or the property owner, property management company, and/or their affiliates, subsidiaries, directors, officers, or employees, and to which claim RENTAL PROPERTY is also a party, shall be litigated solely and exclusively in the courts of Puerto Rico and governed exclusively by the laws of Delaware.
• Notice of required signing and assent at property check-in: Guest will be required during the property check-in process upon arrival, to separately and specifically sign and assent to the following forum selection and choice of law provisions:
The undersigned Guest(s) hereby knowingly and voluntarily agrees with RENTAL PROPERTY’s Terms & Conditions found online at the time of payment of Reservation and that any and all claims that each such Guest may have against RENTAL PROPERTY, the Property owner, Property management company, and/or their affiliates, subsidiaries, insurers, directors, officers, and employees, in connection with or in any way incident or related to the undersigned Guest’s (or Guests’) stay at the Property/resort, shall be governed solely by the laws of Puerto Rico as the exclusive choice of law, and further that the courts of Puerto Rico shall be the exclusive venue/forum for any proceedings, claims or litigation whatsoever.
If the guest does not sign and assent to such terms and conditions electronically or elsewise at check-in process, the guest will not be allowed to check-in and will be denied access to the property. Accordingly, advance notification of this requirement is hereby provided.
The Guest’s Tour Operator and/or Travel Agent (to the extent one has been used) is being provided with this Notice and, in turn, said Tour Operator and/or Travel Agent is required to provide a copy of this Notice to the Guest.
• Limitations periods: no suit shall be maintainable against RENTAL PROPERTY, any property owner or property management company, and/or their affiliates, subsidiaries, directors, officers, employees, or agents relating to personal injury, illness or death or loss or damage to property, unless written notice of the claim, with particulars, is addressed by federal express courier to RENTAL PROPERTY, Attention: Claims, and is received within six months after the death or loss or damage to property, or the onset of the injury or illness. In no event shall such suit be maintainable unless commenced within one year after the death, loss or damage to property, or the onset of the injury or illness.
• Limitation of damages: RENTAL PROPERTY, any property owner or property management company, their affiliates, subsidiaries, directors, officers, and employees shall not be liable to guest in any circumstances, for: (a) any personal injuries or property damage arising out of or caused by any act or omission on the part of any air carrier or ground transportation carrier; (b) emotional distress, mental suffering, or psychological injury of any kind; or (c) any consequential, incidental, punitive or exemplary damages.
• All Other Defenses Preserved: Nothing in this Agreement shall exclude the application of any defense, including but not limited to any governing law limiting or excluding actions, claims, liability or damages.
• Specials, promotions, and discounts cannot be combined with each other. Only one special or discount can be applied to each Reservation.