Vacation Rental Agreement
This Vacation Rental Agreement (“Agreement”) between Casa Aloha (collectively or individually, as the context may require, “Casa Aloha” or “we” or other variations of such) and “you” (or other variational) is for rental of the vacation rental property (Casa Aloha) specified in a reservation that we have confirmed with you. By accepting this Agreement electronically (for example, by clicking “I accept”), or booking or otherwise occupying, accessing or using the Property, you acknowledge that you have read and understood, and agree to be bound by, all terms, conditions, and policies in this Agreement. The description of the Property set forth on our website or the portal you used to book your stay, including without limitation the parking limitations and maximum occupancy information (the “Casa Aloha”), are part of this Agreement and are incorporated herein by this reference.
Children/Minimum Age
Parents are responsible for ensuring their children’s safety at all times. Never leave children unsupervised at our property without any adults. Casa Aloha is not suitable for children under the age of 8. Guests are fully responsible for the safety and security of their children at all times, as well as any disturbance caused to other residents in the neighborhood.
Short Term Rental
Regardless of the duration of your stay at the Property, you acknowledge and understand that this Agreement memorializes a short-term nightly rental arrangement and does not constitute a lease (of any duration).
Cancellations, No Shows, Changes
Rental payments are refundable (less 30% of the total reservation rent and fees, which are non-refundable) for cancellations received 31 or more days before the first night of your reservation. No full or partial refunds will be granted for no-shows or if you cancel within 30 days of the first night of your reservation, arrive after the first night of your reservation, or depart before the last night of your reservation. No refunds or compensation will be given if the Property is unavailable (or if it is available but difficult to reach) for any reason outside of our reasonable control, including but not limited to adverse weather conditions, natural disasters, epidemics, other Acts of God, mechanical failures, acts of government agencies or authorities, or utility outages. You are encouraged to obtain appropriate travel insurance. In addition, for any unforeseen circumstance Company reserves the right to, among other actions, relocate guests to another similar property, cancel the stay, or issue a credit for a future stay. In the event the reservation is moved, or changed or a future stay credit is provided, the reservation will not be eligible for cancellation or refund. If you do not book direct, and instead book through a third party, additional fees and refund and deposit policies may apply (but all other terms and conditions of this Agreement remain the same). Please review the policies of any third party booking sites prior to confirming your booking.
Payment Procedures, Details of Stay, Financial Liability
In order to book the Property more than 30 days in advance of your arrival, you are required to make a deposit in an amount equal to fifty percent (50%) of your reservation total on your booking date. The remaining amount due for your stay (including the remaining nightly rate for your lodging, taxes, fees, and a security deposit and any other amounts, as applicable) will be charged to your credit card on file with us 30 days prior to your arrival date. If you book less than 30 days in advance, all such amounts will be charged to your credit card on your booking date. We do not accept checks or cash payments. We will provide you with directions to the Property and the entry code following receipt of payment in full for your stay. If you do not book directly with us, and instead book through a third party, additional fees and refund and deposit policies of such third party may apply, which are your sole responsibility (but all other terms and conditions of this Agreement remain the same). Please review the policies of any third-party booking sites prior to confirming your booking. You acknowledge you are responsible and liable for all costs, fees, taxes, expenses and other charges incurred in connection with your short-term rental of the Property, including those items chargeable to your credit card as described above. You acknowledge you are also responsible and liable for other amounts described in this Agreement. You acknowledge that you remain responsible and liable for all such amounts not paid by your credit card company, and that Casa Aloha shall have all rights available to collect such amounts if you fail to pay. You agree to pay all such amounts owing immediately on demand, without setoff of any kind. Any amounts owing that remain unpaid after 30 days following demand will accrue interest at the rate of 1.5% per month or the maximum amount permitted under law, whichever is less. You also agree to pay all attorneys' fees, costs, expenses and other charges incurred by each Company Party (as defined below), including costs of appeal, together with interest on any judgment or award, in collecting any amounts owed by you under this Agreement.
Responsible Guest/Vacationer
You are the responsible Guest/Vacationer of the Property and you agree to be an occupant of the Property for the entire duration of the rental. All other occupants are required to be on the list of names provided during the booking process, other responsible adults over 21, or persons 21 or under accompanied by a parent or legal guardian. You agree to be solely responsible for your actions and omissions, and the actions and omissions of such other persons and any other guests or invitees (collectively, “Occupants”) present at the Property at any time during your stay, and to ensure that all Occupants understand and comply with the terms of this Agreement. You acknowledge that you are solely responsible and liable for the safety and security of you and each other Occupant during your stay.
Good Neighbor Policy
We enforce a good neighbor policy. You are required to treat the Property with the same care you would use with your own residence, and in any case with no less than reasonable care, and to leave it in the same condition it was in when you arrived. To prevent theft of or damage to furnishings or your personal property, you are required to close and lock doors and windows when you are not present at the Property and upon check-out. You also acknowledge that you are required to comply with all check-out procedures and other rules and requirements of the Property, as presented to you in writing in the Property Description or otherwise. You and your Occupants agree to conduct yourselves throughout your stay in a manner that is respectful of and not disruptive to neighbors, traffic flow, or the community, that is not in violation of any local, state or federal laws, and that will not prompt complaints from police, neighbors, or neighborhood or homeowner associations. Noise audible outside the Property (including music or loud conversation) is prohibited between 10 p.m. and 7 a.m. In case of any disputes or neighbor complaints, you are to notify us and our staff as soon as possible.
Smoking and Drugs
Our vacation rental is a smoke-free zone inside. This is important to us in order to keep our property in the best condition possible. Guests can only smoke in outdoor areas, such as the balcony or deck, as long as they respect the rules we have in place. Smoking is not allowed anywhere inside the house. Guests can only smoke outdoors in the designated areas. Please discard cigarette butts in a proper manner. Discovering guests have been smoking inside the property will also result in the loss of the security deposit. There are NO DRUGS allowed on the premises! “Smoking” means inhaling, exhaling, breathing, carrying, or possessing any lighted or electronic cigar, cigarette, pipe, vaporizer, joint, or other tobacco or marijuana product in any manner or in any form. No marijuana, medical or otherwise, may be used, grown, stored or consumed on the premises.
Pets
No pets of any kind are permitted inside the house (1) as specifically authorized in the Property Description and your reservation. If your dog is permitted on the Property as confirmed to you in writing, a non-refundable pet fee of $100 per dog (limit 2), per stay will be charged. You are required to prevent your dog from damaging any property, and pick-up and properly dispose of your dog's excrement.
Keys
If no electronic lock is present at the Property, a key will be provided. If you lose the key, you are required to pay a fee in the amount it costs us to replace the locks on the Property.
Disclaimer: Guests' Valuables
We want to ensure that your stay at Casa Aloha is enjoyable and worry-free. While we take utmost care to provide a secure and comfortable environment, we would like to remind our guests that Casa Aloha not responsible for any loss, theft, or damage to personal belongings and valuables during your stay. By staying at Casa Aloha, you acknowledge that the property owner and management are not liable for any loss, theft, or damage to your personal belongings. We encourage you to take appropriate precautions to safeguard your valuables during your stay.
Parking and Vehicles
Moving and Parking your vehicle at Casa Aloha! The maximum number of vehicles permitted is two. There is space for additional cars to park along our private entrance if needed provided they do not block any property access. Understand that Casa Aloha is located on a Private Road which does not permit any parking. Park your vehicles in the designated parking spaces. Please make sure cars do not block access to house or property. Please do not exceed 10 kmh on approach to our home. No speeding, no wheelies and risky driving is allowed on property. In case you or a member of your party has to park off property, please be conscientious and do not block access to other properties. Any property damage caused by a Guests Vehicle will be assessed and cost for repair will be subtracted from the Security Deposit.
Damages, Breakages and Inventory
While we don’t expect our guests to intentionally break anything at Casa Aloha, we understand accidents can happen sometimes. Here is what you need to know about accidental damages or breakages during your stay. Basic glass and porcelain kitchen items are not a problem. Always report any accidental damages or breakages in a timely manner, especially before check-out. Please do not move any furniture from one room to another without our permission first. Please don’t take any bath towels with you to the beach. We are providing you with beach towels at Check In! If any damage to the property or its appliances occur, the guest will pay for the repair costs from the security deposit.
Balcony and Deck Areas
Casa Aloha has many balconies and a commercial hammock that is installed into the main deck above the ground. Our outdoor spaces are great when it comes to views over the grounds of our property, but they can also be a major hazard, for children and adults alike, if attention is not being paid. Our balcony and deck area are available for you to kick back and relax with your family or friends. To be safe and keep the spaces in the best condition for future visitors to our vacation rental, please follow the guidelines listed below.Be careful where you step! Only the main terrace and the dormitory have terrace railing. The master bedroom and Guapinole Tree room do not have a rail system. This is how the house was designed. Since the house is elevated there is a one to three meter drop. Do not hang laundry off any railings. If you plan to eat lunch or dinner outside on the deck, please do not use glasses and instead use the plastic cups provided. In case of any bad weather (rain, storms, etc.), ensure you close the deck umbrellas and store them securely to avoid breakage. Congregating on the terraces that are not equipped with a Railing system will be at your own risk.
Check in - Check out
Check-in time is after 3:00 P.M. Eastern Time for Casa Aloha. Check-out time is at or before 11:00 A.M. Early check-in or late check-out may be available, as determined by the Casa Aloha; however, additional charges may apply. If you do not vacate by check-out time (or by a late check-out time agreed), you expressly authorize us to deduct from your deposit or bill your credit card on file for a late departure fee of up to one night's rental. Further, in such case, in addition to all other legal rights we may have, we may evict all Occupants and remove their personal property from the Property. At Check in an Inventory list will be provided for our guest, Rooms, Livings spaces and property condition will be documented. Casa Aloha reserves the right to document, inspect and take inventory at Check in and Check out.
Wildlife at Casa Aloha
The Grounds of Casa Aloha is being maintained on a continuous basis and the grounds under the House are being fumigated weekly. Our staff is well trained in how to deal with insects, crawlers and wildlife inside the house and around the property. Casa Aloha is elevated so your encounters with wildlife inside the house should be minimal.
Disclaimer: Inside the house you might find 1 Spiders, 2 Scorpions, 3 Beetles, 4 Bats - Our house was designed to capture nature as much as possible. Our ceilings are high, there are spaces in the house that are open to capture natural expressions throughout the day and into the night. Most indoor insect and animal encounters will be very limited. It is imperative that you approach wildlife with respect and caution. Never touch wildlife. Do Not feed the animals. Casa Aloha is nestled in the beautiful natural surroundings! We hope you enjoy your stay in this serene environment. Please be aware that, due to the proximity to nature, encounters with wildlife/Insects are a given. By staying at Casa Aloha, you acknowledge and accept the inherent risks associated with being in a natural setting. We require your full cooperation in fostering a harmonious coexistence with the local wildlife.
Landscape and Maintenance
In the event that landscaping maintenance is scheduled while guests are residing at Casa Aloha for an extended period (max 14 days), it's important for Casa Aloha to communicate expectations and ensure minimal disruption to the guest. We will provide advanced notification of scheduled landscaping and maintenance activities, including date, time and scope of work. Guests are encouraged to communicate any concerns or scheduling conflicts to Casa Aloha landscaping maintenance schedule which is expected to be twice weekly, including leaf blowing, tree trimming etc.
Guests Cleaning Obligations
You are required to leave Casa Aloha and premises in the same general condition as it was in when you arrived, and to clean all food and drink spills immediately. You acknowledge that food and drink spills on tile and furnishings constitute damage to the Property (and not normal wear and tear). You are prohibited from wearing abrasive outdoor footwear inside the house. You must remove all of your food from the refrigerator and clean any spills you are responsible for inside the refrigerator. You may not leave dirty dishes; you are required to rinse dishes. If you break or damage any items at the Property, you are required to clean up and notify the Casa Aloha promptly. Staff will arrive shortly after your departure to thoroughly clean and inspect the Property.
Criminal and other activities are prohibited
Use of the Property for any criminal activity or any activity that results in harm or nuisance to others is prohibited and may result in fines, penalties or prosecution. This prohibition extends to use of the Property's Internet service, if any, for any such activity, including unlawful downloads of copyrighted or other protected material (including movies, music, software, or other material), or accessing or engaging in any unlawful material or activity.
Consequences of Breach
Any failure by you or any other Occupants to comply in full with any of the terms of this Agreement may result in a forfeiture of your rights to rent the Property. In particular, upon any such failure, we may immediately evict you from the Property without refund, in addition to all other rights the Company and the Owner may have. Further, you are responsible and liable for, and you authorize us to deduct from any deposit you have made with us and/or to bill your credit card on file for the full amount of: (1) any damage, theft, or loss that occurs at the Property during your stay; (2) a charge of $250 per violation for any violations of the pet policy, including for bringing a pet when you are not authorized to do so or bringing more pets or different types of pets than specifically authorized; (3) a charge of $50 for each failure to pick-up and properly dispose of your pet's excrements; (4) a charge of up to $150 per violation for noise complaints from neighbors received by us during your stay; (5) an additional cleaning fee of up to $500 for excessive cleaning required by the acts or omissions of you or any Occupant during your stay; (6) the full amount of any fines, penalties or other assessments issued or made by police, other government officials or agencies, utility providers, and/or homeowner associations for violation of any law, ordinance, or rule during your stay, and any damages (which may exceed the amount of fines) that result from the violation; and/or (7) any other amounts for which you are responsible or liable under this Agreement. If any unauthorized download of copyrighted or other protected material occurs, or any other unlawful activity takes place, via the Property's Internet service during the period of your stay, you acknowledge that we have the right to share your contact information and details of your stay with law enforcement, the Internet service provider or any other party we reasonably believe has enforcement rights.
Travel insurance
Travel Insurance is available when booking on our site and can be purchased up until time of final payment for the Property. This insurance, and travel insurance from other providers that may apply to your stay at the Property, are optional to you. In case of any unforeseen events, this insurance may help protect your vacation investment. If you did not purchase travel insurance at the time of booking, you may be able to add it on through the Rental Guardian website.
Choice of Law and Venue for Disputes
This Agreement shall be governed by the law the District of Cobano, Punta Arenas, Costa Rica without regard to its conflict of laws provisions that might refer the construction or enforcement of this Agreement to the laws of any other jurisdiction. You consent to the exclusive jurisdiction and venue of the courts of Cobano/San Jose, Costa Rica to resolve any dispute, subject to the terms governing binding arbitration below. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL CASA ALOHA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR DEATH, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR DAMAGE TO PROPERTY, ARISING OUT OF, RELATED TO OR RESULTING FROM BOOKING OR YOUR ACCESS TO OR USE OF THE PROPERTY, THE EQUIPMENT OR THE ACTIVITIES. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
Indemnity/Compensation
You shall indemnify and hold harmless each Casa Aloha against all liabilities, losses, awards, judgments, fines, penalties, fees (including attorney's fees) damages, costs or expenses of any kind, including personal property damage, damage to the Property, personal injury and death, that arise out of, related to or resulting from your actions or omissions, and the actions or omissions of you or your Occupants, during your stay at the Property, access to or use of the Property or the Equipment, or engaging in the Activities.
Binding Arbitration and Class Action Waiver
You agree to submit to mandatory binding arbitration any dispute, controversy or claim arising out of this Agreement against the Casa Aloha, the Owner or otherwise (each a “Claim” and collectively “Claims”) that may be compelled to arbitration under this Agreement as a matter of applicable law. YOU WAIVE ANY RIGHTS YOU MAY HAVE TO TRIAL BY JURY IN REGARD TO ANY CLAIMS YOU HAVE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHTS YOU MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS, COLLECTIVE, AGGREGATE, OR REPRESENTATIVE ACTION PERTAINING TO ANY CLAIMS YOU MAY HAVE WITH RESPECT TO THE COMPANY (“Class Action Waiver”). All Claims must be brought solely in a party's individual capacity. Each party will pay the fees for his/her/its own attorneys, subject to the other provisions of this Agreement and to any remedies to which that party may later be entitled under applicable law. The arbitrator may award any party any remedy to which that party is entitled under applicable law, but, to the extent permitted by applicable law, such remedies shall be limited to those that would be available to a party in his, her or its individual capacity in a court of law for the claims presented to and decided by the arbitrator, and no remedies that otherwise would be available to a party in his, her or its individual capacity in a court of law will be forfeited by virtue of this Agreement. The arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. Except as may be permitted or required by law, as determined by the arbitrator, or as necessary to confirm or enforce the arbitrator's award, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. A court of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration.
You may contact Casa Aloha at any time by calling or emailing. If you are unable to reach us during regular business hours, please leave a message and your call will be returned as soon as possible. For additional information, please visit the 'Inquire' section located on our website.