Condo Rental Terms and Conditions
GUEST VACATION RENTAL AGREEMENT (the “Agreement”) AGREEMENT: David and Karyn Olsson as the vacation property owner of the private condominium located at Punta Palmera, A28, Punta Cana, La Altagracia, Higuey, Dominican Republic, and Guest (also referred to as “you”) agree as follows:
Guest is at least twenty-five (25) years of age (an “adult”) and will be an occupant of the Property during the entire reserved dates. In addition to Guest, other authorized occupants may be family members or friends of Guest. Guest is the individual submitting payment and understands that by his or her signature below, he or she is binding himself or herself as well all authorized occupants and any person submitting payment for the reservation to the terms and conditions of this Agreement. Use of the Property will be denied to persons not falling within the foregoing categories. Should any unauthorized persons occupy or use the Property, Guest shall vacate the Property immediately without any refund. No key or door codes will be issued to anyone who is not an adult.
AGREEMENT: This agreement and all of the financial transaction are recognized by the State of Michigan and Federal law.
RESERVATIONS may be placed up to two (2) years in advance but are subject to the rates in effect during the year for which said reservations are placed. We reserve the right to correct or adjust rates to the published rates at the time of reservation if the rates have been misquoted due to human and/or computer error.
MULTI-PARTY OCCUPANCY: If two or more parties reserve or occupy the Property, and one or more of the parties cancel, the primary guest whose name appears on the reservation is financially responsible for all booking charges associated with the reservation. In addition, each party, jointly and severally, is required to be in compliance with all terms and conditions of this Agreement and will be liable for any and all damages which may be caused during a stay.
ADVANCE RENT DEPOSIT is required when placing your initial reservation. The rent deposit is equal to 100% of the total rental fee plus the sales taxes, deposit, housekeeping fees, and any reservation add-ons such as pet fee or Security Deposit is due upon reservation. Payment may be made by cash, check, money order, cashier’s check, debit or credit card (Visa/MasterCard/Discover/American Express).
SECURITY DEPOSIT: Manager requires the Guest to secure the Property against damages. Each reservation requires a refundable security deposit amount of USD$500.00 for every stay. Security deposits will be held in an interest-bearing account with all interest earned inuring to the benefit of David and Karyn Olsson. The Property will be carefully inspected upon Guest’s departure. Within seven (7) days of departure, the security deposit will be fully refunded to the Guest’s credit card LESS expenses for any damages. Damages and fees for which security deposit funds may be withheld include, but are not limited to: damages; missing Property items; unpaid fees, charges, or taxes; unreturned/missing keys or Property passes (if applicable); excessive cleaning requirements; damage attributable to pets, damage attributable to use of tobacco or tobacco products; long distance or per charge telephone calls; cable television, pay-per-view or internet download charges incurred by the Guest; any and all other damages to the Property, common areas, or appurtenant areas caused by the Guest, their guest(s), or invitees. By signing this Agreement, you accept responsibility for any such damages and authorize Manager to withhold such damages from the security deposit amount without any further approval from you.
HOUSEKEEPING: The Property will be cleaned to Manager’s quality standards prior to your arrival and after your departure. A one-time US$80.00 housekeeping fee applies to each reservation. Additional housekeeping services during Guest’s stay may be arranged with local Property Manager no later than 3 days prior to arrival. Guest will be charged an additional housekeeping fee as agreed in advance by David and Karyn Olsson or local property manager.
SPRING/FALL BREAK POLICIES: The Property will not be rented to vacationing students or young adults unaccompanied by a responsible parent at a ratio of one parent over the age of 25 staying at the property. Reservations made under false pretense are null and void and check-in will not be allowed, and all booking charges will be forfeited. If a violation is discovered after check-in, you will be subject to immediate eviction and forfeiture of all booking charges in addition to liability for additional charges for damages incurred. This policy includes reservations made by a parent or person over age 25 who does not check-in and/or who leaves overnight during any portion of a stay.
CANCELLATIONS: Cancellations will be allowed up to 60 days prior to the beginning date of the reservation. A $150.00 cancellation fee + our processing fees will be withheld from any refund of Advance Rent Deposit. Refunds will be processed to the credit card on file (or via check if deposit was made by cash or check). If cancellations are made with less than 60 days remaining prior to the beginning date of the reservation, the Advance Rent Deposit may not be refunded if another party reservation is not made during the original reservation.
FIREARMS: All types of firemans are illegal in the Domincan Republic, regardless of your United States permit. Absolutely no firearms of any kind are allowed on the Property. Guest will immediately lose his rental rights and be subject to immediate eviction with no refunds of all rental monies if a firearm is discovered on the Property. Guest understands and acknowledges that any firearm found on the Property or left in the Property will removed by the appropriate local government authorities, not by Manager.
PETS: The property is dog friendly and limited to (2) housebroken domestic dogs only. Cats and other animals are not allowed. The rental rate will increase by an additional $80 per pet as a nonrefundable fee on all reservations allowing a dog. Guest agrees to disclose the breed, weight, and condition of each pet and agrees that Manager may refuse to allow pet occupancy on any of these grounds.
The surrounding property provides accommodations for dogs including bag stations, garbage bags and play areas. Dogs should be on leashes and supervised in public areas. At the first complaint about a pet, Guests will either vacate the property without refunds or house their pets at Hospetality, a vet and day care in Las Canas, at the guests expense. Proof of pet removal must be provided by the Guest when violation has occurred if occupancy is allowed to continue. Guests with authorized pets understand and agree to properly clean the Property prior to departure/check-out. Guest is advised that local ordinances require pets to be leashed at all times and for excrements to be removed from the Property by the Guest. Under no circumstance shall the Guest be relieved of responsibility for excessive cleaning or damages caused by pets, irrespective of additional fees rendered for the privilege of bringing a pet. Notwithstanding this provision, we are committed to providing reasonable accommodation to protect the rights of guests with disabilities to bring a “service animal”. Please note that Domincan republic doesn’t recognize US federal law under the terms of The Fair Housing Amendments Act of 1988, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act.
RULES AND REGULATIONS
- Guest agrees to leave the Property and its contents in the same orderly condition as Guest found the Property to be upon check-in, normal wear and tear excepted. Beds should be left unmade and used towels placed on the bathroom floors for housekeeping.
- Please place all dirty dishes, cookware and utensils in the dishwasher and start wash cycle.
- Put all trash in plastic bags in outside trash room down the hall. Please take care to follow the procedures for trash removal posted at the home or instructions given for your home at check-in.
- Remove all food and beverages from the home. Check the refrigerator and freezer.
- Respect the locked areas and owner marked property including foods.
- Leave the AC on 78 degrees in all the rooms and be sure to close the drapes to stop the sun from coming into each room.
- Document and report any damages or maintenance needs promptly.
- The maximum number of occupants shall not exceed the limit the property sleeps as specified in the property description as stated on your Confirmation.
- Furnishings are not to be rearranged or removed from the Property for use outside or in other properties.
- Please check to make sure that you have not left any personal items in the home. Check closets, dresser drawers and under beds for personal belongings.
- Before leaving make certain that all windows and doors are shut and locked and that all the lights are turned off.
- Guest’s failure to fulfill check-out duties may affect your security deposit or result in charges of up to US$80 per rental day to your credit card.
- Smoking is not allowed inside the Property. Please smoke only on outside decks & porches and dispose of all cigarette butts properly. Any evidence of smoking inside the home will result in a $1,000 fine charged to the credit card on file.
- A key code will be provided to guests and a host may be present to greet you and answer any questions you have upon arrival.
- It is the responsibility or any guest to understand and obey all of the laws of the Dominican Republic.
- It is the responsibility or any guest to understand and obey all of the rules of the condo complex and pools. Quiet time starts at 9:00pm and ends at 9:00am. Pool rules are posted by the pools.
- Keep the Property clean, safe, and sanitary.
- Not deliberately or negligently destroy, deface, damage, or remove any part of the Property or render inoperable the smoke detectors and/or pool alarms.
- Be responsible for all damage, defacement, or removal of any property on the Property that is in Guest’s exclusive control.
- Immediately notify Manager in the event repairs or replacement of smoke detectors or pool alarms are needed.
- Be financially responsible for unwarranted or unneeded service calls and service calls caused by Guests misuse of the Property.
- Not to enter Owner’s private storage spaces.
- The Guest will be the sole contact person regarding this Agreement and the tenancy. Such Guest is responsible for the adherence of all other occupants, visitors, or guests of the Guest to this Agreement.
- Refrain from taking glass containers onto the beach and pool areas.
- Comply with any and all other instructions, regulations, or guidelines communicated by Manager as well as all local ordinances and Homeowner’s Association rules.
- The Property may have certain areas that are off-limits to you and your guests, including owners’ closets and garages (that may be locked) or areas marked, or indicated, as off-limits to guests. Do not attempt to access these areas during your stay. Evidence of such may affect your security deposit or result in a charge to your credit card of up to $1,000.
SLEEPING CAPACITY/DISTURBANCES: Guest and all other occupants will be required to vacate the Property and forfeit all rental monies paid for any of the following: Occupancy exceeding the sleeping capacity, using the Property for any illegal activity, causing damage to the Property rented or to any of the neighboring properties, holding events or parties on the Property, or any other acts which interfere with neighbors’ right to quiet enjoyment of their Property. All such decisions are within Manager’s sole discretion.
LIMITATION OF LIABILITY: Neither the Manager nor Owner assume any liability for loss, damage or injury to persons or their personal property while staying at the Property, nor for any inconveniences, damage, loss or injury arising from any temporary defects or stoppage in supply of water, gas, cable service, electricity, internet service or plumbing during your stay, nor weather conditions, natural disasters, acts of God, construction nuisances or other reasons beyond our control. Guest is not entitled to a refund relating to any such disturbances or interference nor entitled to be moved to another property.
NEARBY CONSTRUCTION: There may be construction ongoing at properties adjacent to or close by the Property being rented by guest. The rules regarding acceptable noise levels, start and finishing times, and other restrictions relating to any such construction are governed by local ordinances and/or community specific rules and regulations beyond the control of the Manager. As such, guest shall not be entitled to a refund relating to such construction. Notwithstanding this, the Manager will notify appropriate parties and request appropriate remedial action be taken in the event that it receives notice that the construction at issue may be in violation of any such regulations or ordinances.
EVENTS / PARTIES: Weddings, wedding receptions, catered events, cocktail parties, bridal showers and other nonfamily group events may not be held on the Property without prior approval of Manager.
ENTRY BY MANAGER: Manager or manager’s agents may enter Property under the following circumstances: in case of an emergency; to make any necessary or agreed upon repairs, alterations, or improvements; supply necessary or agreed upon services or show the Property to prospective purchasers or contractors; or upon reasonable suspicion that Guest has violated any of its obligations hereunder. Manager will endeavor to provide Guest with at least 12 hours’ notice of intent to enter except in the case of an emergency or regular service visits by pool cleaning and/or pest control vendors, provided, that failure to provide advance notice of intent to enter shall not affect Manager’s ability to enter for the reasons set forth herein.
CHECK-IN TIME begins at 4:00 PM Atlantic Time, and every effort will be made to have the Property ready on time. Entry prior to check-in time is not allowed unless prior arrangements have been made with Manager. Personal items, groceries and/or vehicles cannot be dropped off at the property prior to check-in. No refunds will be given for late arrivals or early departures.
CHECK-OUT TIME is 10:00 AM Atlantic Time to allow for preparation for arriving guests. Check-out includes Guest and guests, vehicles, luggage and all Guests’ belongings. Late check-outs will be charged a $50 fee for departures occurring after 10:00 AM, to include personal items and/or vehicles, unless other arrangements have been made with Manager prior to departure. Guest’s failure to fulfill check-out duties expressed above under Rules and Regulations above may affect Guest’s security deposit or result in charges to Guest’s credit card on file of up to $500.
MAINTENANCE: Please immediately report any maintenance needs for the Property to the Manager, and we will respond as quickly as possible. Refunds will not be made for maintenance issues, including, but not limited to, heating and air conditioning, appliances, and electronics, or for outages of electricity, gas, water, cable, internet, or telephone service.
LINENS/AMENITIES: Bed, bath, kitchen and beach linens are furnished by Manager. An initial, one-time supply of amenities to include trash bags, paper towels, dishwashing liquid, dishwasher detergent, toilet tissue, bath soap, conditioning shampoo and lotion is provided. Any other items needed are the responsibility of the Guest.
PARKING at the Property is limited to one spot. No boats, jet skis, trailers, motorcycles or RVs are permitted.
RENTAL ASSIGNMENTS: In an unusual event where the property availability changes, the local Manager will find an alternative property and accommodations at which point you will be fully refunded and rebooked into the alternative property.
Manager will make a good faith effort to relocate the Guest to a reasonably comparable property. In such case, the Guest agrees to pay any increase in rental charges associated with the new property. Owners and Managers are not responsible for errors in its website or advertising, and furnishing changes, or for any conditions beyond our control upon arrival. Manager does not give refunds or rate adjustments if the Property does not meet your preferences or expectations or are different than as advertised.
PERSONAL ITEMS LEFT BEHIND: Manager is not responsible for lost, misplaced or left behind items. However, if notified and/or found upon Guest departure, Manager will ship said items via UPS Ground Delivery for the cost of the shipping.
REFUND POLICY – EQUIPMENT MALFUNCTION / NUISANCES: Manager will make every effort to ensure that Guest’s stay is safe, comfortable, and enjoyable. Manager cannot guarantee that the Guest’s vacation stay is flawless or that the Property and its amenities are flawless. However, Manager will make reasonable efforts to respond to deficiencies and malfunctions in the Property and its amenities. Guest understands and agrees that NO refunds, discounts, or transfers will be made for any reason other than those specifically provided for in this Agreement. Additionally, Guest agrees that NO refunds, discounts, or transfers will be granted for the malfunction of any appliance or amenity, inclement weather, nearby construction, mechanical breakdowns, or other adverse circumstances beyond our control. Further examples of circumstances which DO NOT warrant any refund, discount, or alternate Property, etc. include but are not limited to: breakdown of air conditioners; jacuzzi; TV’s, VCR’s, DVR’s, DVD’s, Stereo’s, or other electronics or appliances which malfunction; disruption of use or access to the beach due to nature or construction; presence of insects; disruption of utility services including cable, internet, water, electric satellite; a Property not decorated, improved, or updated to Guest’s tastes; problems which have not yet been reported to Manager; bad weather; or noisy neighbors. The incidental presence of pests or bugs which do not render the Property unfit or uninhabitable will not present cause for refunds, discounts, or transfers. Guest agrees to report all problems to Manager as soon as is practical. Manager agrees to make every effort to resolve the reported problem as quickly as possible; however, cannot guarantee when the problem will be resolved. Speed of service cannot be guaranteed. Guest understands and agrees that emergency repair and service calls will be returned promptly, and that the urgency of any problems and its resolution will be solely determined by Manager. Calls deemed to effect non-essential services will be returned the following business day.
EMERGENCIES: In cases of medical or fire emergencies the Guest will call 911 emergency services.
TELEVISION: The owner provides Netflix as a TV viewing option. Guests
GRILL: Guest should not assume a grill are present or permitted at any Property. Guests are responsible and assumes full responsibility for any damages to the grill or resulting from use of a grill. Guest is responsible to thoroughly clean grills upon departure. If grill has not been thoroughly cleaned upon departure, Guest will incur a $50.00 cleaning fee, to be charged to the credit card on file. MANDATORY
EVACUATIONS: If State or local authorities order a mandatory evacuation of an area that includes the Property, Guest shall comply with the evacuation order. Guest agrees to follow the Check-Out procedures outlined above in this Agreement in the event of a mandatory evacuation order. Guest agrees to return only when the evacuation order has been lifted and after contact with Manager has been made to confirm availability of the Property.
RELEASE; INDEMNIFICATION: In addition to the other specific releases set forth in this Agreement, Guest, for himself or herself, his or her heirs, assignors, executors, and administrators, and on behalf of each occupant of the Property, and such occupants’ heirs, assignors, executors and administrators (each a “Guest Releasing Party”), fully release and discharge Owner, Manager and its employees, agents, subcontractors, officers and directors (“David and Karyn Olsson”) from any and all liabilities, claims, demands, and causes of action which any Guest Releasing Party has or may have in the future by reason of any injury, loss or damage by whatever nature which has or have occurred, or may occur to any Guest Releasing Party during the stay as a result, or in connection with the occupancy of the Property or in use of any item provided during your stay, including bikes, golf carts or other recreational items, including any claims, damages, costs or causes of action due to the negligence, breach of contract or wrongful conduct of this property, and agree not to sue and to hold the owners free and harmless of any claim or suit arising there from.
By signing this Agreement, you understand, intend and desire to release Owners and Managers from any and all liability arising from or related to the occupancy of the Property. Guest and all occupants shall, jointly and severally, defend, indemnify and hold the Grayt 30A Parties harmless from any and all claims, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees and costs of suit) incurred by the OWNERS related to, as a result of or arising from Guest’s actions and any occupants, including any negligent acts or omissions, willful misconduct, violations of laws or any obligations in this Agreement, except to the extent such claims, demands and actions arise from the gross negligence or willful misconduct of the OWNER or Managers.
USE OF PERSONAL DATA AND PRIVATE INFORMATION: Your privacy—and the protection of your private information, such as your email address, credit card information, bank account information, physical address, and name—is important to us. Manager will only use your financial information (including your credit card or check account information on file) as necessary to process payment for booking charges and other authorized fees and damages in accordance with this Agreement. Manager will only use your other private information that Manager may collect to (i) fulfill, offer, or further develop (or improve) its products, services, and offers or those of its affiliates, (ii) communicate with you or Manager’s applicable employees, agents, and third-party service providers, and (iii) provide you information about may interest you related to Manager or its affiliates. Your personal information will not be shared or sold to third parties for the purpose of their telemarketing or selling their products or services, unless you otherwise consent to such disclosure or sale. While utilizing Manager’s website, or any internet access made available during your stay at the Property, you agree not to engage in any activity that violates any federal or state privacy, copyright, or criminal law, or that could be considered malicious or unethical. If you become aware of such activity by yourself, or by another, you must immediately notify us. Likewise, you agree not to share or disclose any password created by you, or made available to you, related to internet access or Manager’s website. Despite Manager’s continual and evolving efforts to maintain appropriate protections, Manager cannot guarantee the security of your private information. Accordingly, you acknowledge and agree that Manager makes no such guarantee. You recognize and accept that Manager has no control over the unauthorized interception or breach of any communications or data once it has been sent or has been subject to unauthorized access, notwithstanding all reasonable security measures employed by us or Manager’s third-party vendors. You consent to Manager’s use of these electronic devices and applications and submission of confidential client information to third-party service providers for your reservation. Similarly, Manager’s website may provide links to other websites or resources, of which Manager has no control over. Manager is not responsible for the availability of such external websites or resources, and Manager does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Manager shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
INTERPRETATION: Any headings used in this Agreement are for convenience of reference only and shall not be construed to alter or affect the meaning of any of the provisions. All references to the singular shall include the plural, and vice versa. The parties agree that this Agreement is the result of negotiation by the parties, each of whom was represented by counsel, and thus, this Agreement shall not be construed against either party because of authorship.
BY ENTERING INTO THIS AGREEMENT, THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL AS TO ANY CLAIMS A PARTY MAY CLAIM TO HAVE AGAINST THE OTHER WHICH ARISES OUT OF THIS AGREEMENT OR THE COURSE OF DEALINGS BETWEEN THE PARTIES. ELECTRONIC COPIES: Legible fax copies and photocopies of documents signed by either party are deemed to be equivalent to originals.
We do appreciate your booking and welcome you as our guest.
David and Karyn Olsson, 5015 Portage Cove, Houghton, MI 49931
Golf Cart Rental Terms & Conditions
A28 Golf Cart Rules and Regulations
- All golf cart operators MUST be 16 years or older to drive a golf cart in Cap Cana.
- Golf carts shall not be operated in a manner that may endanger passengers or other individuals (e.g. pedestrians), or harm property.
- No more than five persons be in the golf cart at any one time and everyone should remain seated during operation.
- Do not leave the key in the ignition when you leave the cart.
- Park the golf cart on a level and steady ground.
- Do not allow the golf cart battery to drain completely or it will require an 8 hour charge. The cart can be charged at an outlet in the golf cart parking area outside Building A or in the designated parking spot for condo A28 located in the parking garage.
- Upon your departure, the cart must be returned to the parking spot in the garage.
- The golf cart is not to leave the Cap Cap resort area
- Follow all golf cart and road signs.
- Note that the golf cart has a forward, reverse, and neutral gear. Unless the cart is in operation, it should remain in neutral at all times.
- You are responsible for making sure that the cart if returned fully charged.
- There will be a $150 monetary charge for a missing key that is not returned with the golf cart.
A28 Golf Cart Lease Agreement
The Lessee agrees to abide by all of the above Rules and Regulations. Lessee agrees to keep vehicle in the same condition as when received. It is expressly understood and agreed that no right of action whatsoever shall accrue to the Lessee for damages of any kind whatsoever, whether to person and/or property, arising from the use of, operation of, or in any way connected with the property of any part thereof, from whatever cause arising. Lessee agrees to hold all parties free and harmless from all such damage.
Lessee expressly acknowledges personal liability to pay Lessor costs to repair all damages to said property and Lessor’s costs including attorney fees incurred in collection of payments due from Lessee hereunder. The full agreement between the Lessor and Lessee is contained herein, and time is made of the essence of this agreement. The receipt of all above described property, in good order and repair is hereby acknowledged by Lessee.
- The Lesser makes no guarantee that the golf cart will be fully operational. In the event of a mechanical issue, the property manager or owners will make every effort for the cart to be repaired. You will not be charged for days that the cart is not operational.
Deposits will be refunded in the form of a credit card will within 7 days of the cart being returned.