Vacation Rental Agreement (VRA)

Definitions. For purposes of this VRA, the following definitions shall apply:

“Property” refers to the real property, its contents, and related amenities rented to the Guest pursuant to this Agreement; i.e. Elite Beach Property, COSTA RICA

“Guest” refers to the person(s) occupying the Property, including members of their family, their invitees and guests;   

“Owner” refers to the legal owner of the Property, its agents and employees;

“Deposit”. 50% of total rental amount is required as a deposit to book "Elite Beach Villas Property". The deposit (“Deposit”) shall be paid within five (5) days of reservation as a partial payment of the rent. In the event the Deposit is not received within the specified time period, the Owner reserves the right to cancel the reservation with no further notice to Guest. The Owner retains the right to retain the Deposit in the event of cancellation.

“Security Deposit” Refundable security deposit of 1500$ is due 60 days before arrival date; The Owner retains the right to withhold the Security Deposit (“Security Deposit”) after expiration or termination of Guest’s tenancy, and to deduct from the Security Deposit costs for extraordinary expenses or damages including, but not limited to, damage to the Property, loss and/or misuse of personal property (e.g., internet modems/cables), excessive laundry and/or cleaning, staining of linens/towels/carpets/furniture, loss of keys and/or garage door openers, rearranging of furniture, or long distance or per call telephone charges. If expenses and/or damages exceed the amount of the Security Deposit, Guest shall be required to pay additional fees to restore the Property to its pre-rental condition within ten (10) days of Guest’s receipt of additional billing if damage exceeds the paid security deposit. Upon departure after inspection by the concierge and sign off by client funds will be returned .

Payments. The balance of all payments, shall be paid at least sixty (60) days prior to your check-in date.  Reservations not paid in full by the balance due date shall be subject to cancellation. Reservations made less than sixty (60) days prior to the check-in date shall require immediate full payment by wire transfer (“Cash Form”) .

Subject to Change:

Guest acknowledges that if the reserved Property becomes unavailable or uninhabitable, substitute accommodations or a full refund of any and all payments received from Guest will be offered (guest will decide) Guest acknowledges and understands that Owner is not responsible for acts of Government, such as laws and regulations; Acts of God, such as hurricanes, and other disasters, or for other lesser acts of God, such as bad weather. Other than for what is described in this paragraph, no refunds will be made to guest.

Reservation Changes - Cancellation Policy:

If the reservation is cancelled 95 days before check in date, all monies paid will be reimbursed to the Guest. In the event of cancellation within 95 days from check in date, all amounts paid shall be forfeited unless the Property can be re-booked, in which case Guest shall be charged a twenty-five (25%) percent re-booking fee. 

Exception - In case of an official travel ban (Guest cannot travel from their country and/or enter Costa Rica ) due to Covid-19

If the reservation is cancelled 60 days before check in date, all monies paid will be reimbursed to the Guest. However if the guest accepts a full credit for a future travel date we will add a 10% bonus to his credit amount.

If a travel ban happens within the 60 days before check in date, Guest will be offered a future travel credit without penalties , plus a 10% bonus added to his credit. New travel dates should be within 12 months of original check in date. 

The credit is available to our guests in the most flexible way:

For personal use , family or friends

As a whole or split over several groups / trips

For any stay with us in any of our properties at elitebeachvillas.com , of course depending on availability. 

Disclosure and Indemnity:

Guest acknowledges, if applicable to Property, the existence of dangers associated with, but not limited to, hot tubs, BBQs, pools, saunas, gym (workout facility) equipment, rivers, lakes, oceans, ponds, playgrounds, golf balls, lofts and ladders. In addition, Guest acknowledges the existence of certain inherent risks to persons and property located in the vicinity of the ocean, including, but not limited to, high surf conditions, dangerous riptides, coral reefs, hurricanes, tropical storms. Guest acknowledges that the Owner would not rent the Property unless Guest fully accepted the risks associated with the Property and its location.

In light of the foregoing, Guest agrees to indemnify and hold harmless Owner from and against any loss, liability, damage or expense (including legal fees and costs) that Guest may suffer, sustain or become subject to as a result of, or in connection with any injury, accident, or death arising from or related to Guest’s use of the Property.  Furthermore, Guest assumes full responsibility for the Property, including its contents and Guest’s personal property. Guest shall take all reasonable steps to insure that occupants adhere to all rules, regulations and laws affecting the Property. Guest shall not permit the use of pools, hot tubs or exercise equipment (if available) on the Property by any person under the influence of alcohol or drugs, or by unsupervised minor children.   Guest acknowledges that Guest should take precautions when leaving the Property (e.g., lock all doors, including automobiles). Rental equipment used by the Guest is strictly at Guest’s own risk. Owner shall not be held responsible for any loss, damage, or additional expense incurred.

Theft/Burglary - Break In:

Costa Rica is not immune to theft. The home is equipped with an alarm system. Guest acknowledges that Guest should take precautions when leaving the Property (e.g., lock all doors/windows, including automobiles). Should theft occur from either interior or exterior of the premises, the local Police should be called and make a police report. The Owner is not responsible to relocate due to these circumstances. The Owner shall not be held responsible for any loss, damage, or additional expense incurred, including reimbursement of rental funds or loss of personal items.

Smoking Policy:

The Property is smoke-free. Guests may smoke outside the Property bounds only, disposing of all smoking materials appropriately, safely and NOT INSIDE the home.

Occupancy - Use:

Only those Guests listed on the Annex of VRA may stay at the Property. Guest may not sublet or assign the Property. Overcrowding or misrepresentation of the number of Guests shall be grounds for immediate termination of this Agreement and eviction from the Property. The Property shall be used for residential vacation rental purposes only.

Special events such as parties, weddings, receptions, filmmaking or professional photo shoots etc., require the express written consent of the Owner and will be subject to extra fees . Special terms and fees will apply. Under no circumstances shall the Property be used for illegal or commercial purposes.

Guest acknowledges that the Property, including the furnishings, is privately owned. Owner not shall be responsible for providing any additional furnishings or equipment not presently on the Property.  Any additional furnishings, equipment, etc. guest wants to arrange must be given prior written consent by the Owner. Guest shall indemnify the Owner for any damages to the Property, including damages to the furnishings and household items, which occur as a result of the Guest’s occupancy and must notify of such damage or any problems at such time. Guest’s Deposit may be applied to actual damages to the Property. Guest understands that certain areas, such as locked closets designated for private use, are reserved for the exclusive use of the Owner and will not be available for the use of the Guest. No items belonging to the Owner shall be removed from the Property. Owner or his representatives shall have the right to enter the Property during Guest’s occupancy to inspect, make repairs and show the property for sale (if applicable and with notice).

Should any Property equipment be inoperable, will undertake reasonable efforts to act on reported problems during normal business hours. No refunds will be issued for any inconvenience caused by inoperable equipment. Guest authorizes Owner to repair damages caused by Guest, and Guest’s invitees, at the expense of Guest and, in this regard, authorizes the Owner, and their respective agents and subcontractors to enter the Property to: (i) assess equipment damage and/or malfunction; (ii) perform repairs and/or maintenance; (iii) supply agreed-upon services; and (iv) in case of emergency, for safekeeping and/or preventive maintenance.

Check-In/ Check-Out Procedures:

Check-In Time : 3 PM

Check-Out Time : 10 AM

Upon check-out, Guest shall: (i) leave the Property neat and tidy; (ii) place all perishable food items in the refrigerator; (iii) wash all dishes; (iv) turn off all lights, fans, and air conditioners; (v) lock all windows, louvers and doors; (vi) leave all keys in the same location as they were upon check-in; and (vii) leave no more than one (1) set of towels per person and one (1) set of sheets per bed for laundering.

Cleaning: The Cleaning Fee is complimentary

Energy Conservation:

Please be energy conscious by turning off lights, fans, air conditioners and electrical appliances when they are not in use. We respectfully request that you use laundry facilities sensibly and with consideration.

Animals. Animals are not allowed on the Property. Violators will be subject to immediate eviction and charged an additional fee that could be in excess of USD 1,000 to clean and sanitize the Property.

Dispute Resolution:

The performance and interpretation of this Agreement shall be controlled by the laws of the State of Costa Rica. Unless otherwise stated in this Agreement, jurisdiction shall reside in Costa Rica. In the event of any controversy, claim or dispute among the parties arising out of or relating to this Agreement of the breach hereof, the Guest shall be responsible for reasonable expenses and costs, including, without limitation, reasonable attorneys’ fees and court costs.

Invalidity - Severability:

If any term or provision of this Agreement or any application thereof shall be invalid or enforceable, the remainder of this Agreement shall not be affected thereby, provided that the essential provisions of this Agreement and the position of the parties hereto are not materially changed thereby.

Services - Incidentals:

If Guest adds any services/incidentals Guest is required to pay for all requested services with either cash or credit card held on file.

Services Cancellation Policy:

Once a service has been added to the guest folio and a vendor has been booked there is a 72 hour cancellation policy. If Guest cancels less than 72 hours, Guest will be charged in full. Any services or activities that are cancelled by Guest or are cancelled due to weather, sickness, etc are refundable only if refundable to the Owner and notice is given within 72 hours of service or activity. 

Release of Known and Unknown Claims:

There are inherent dangers in sporting activities (hiking, kayaking, surfing, yoga, pilates, boating, paddling, etc). Guest agrees to use common sense at all times while on vacation. Guest’s participation in such sporting or other activities is entirely voluntary, and if Guests and Guest’s children, parents/guardians, if applicable, agree that the Owner shall not be liable for any damage, loss or injuries that may result from your participation in any such activities.

Medical Release:

By signing below, Guest agrees that Guest has been given approval from a physician or has chosen to participate without the approval of a physician. Guest hereby assumes all responsibility for participation in activities selected by Guest. If guest becomes ill or injured while on vacation, the Guest agrees that the Owner shall have the right, but not the duty, to take reasonable action to secure emergency medical attention and/or transportation for the Guest. The Guest agrees to pay for any expense incurred for such medical attention, transportation or other related emergency services and to reimburse to the Owner for any payment made by the Owner.

Travel Insurance:

Guests are advised to secure travel insurance to protect personal belongings and in the event of cancellation for unforeseen circumstances. 

Complete Agreement:

This Agreement constitutes the entire agreement between the Owner and Guest, and supersedes and cancels any and all prior negotiations, representations, warranties, understandings or agreements (both written and oral) of the parties, with respect to the vacation rental of the Property. No variation or amendment of this Agreement shall be valid or enforceable without written approval Guest certifies that he/she has read carefully the limitations on this Vacation Rental Agreement and agrees to abide by such limitations. Guest understands that this is a legally binding agreement, being signed on behalf of and responsible for all occupants or invitees at the Property:

Guests for themselves and their respective heirs, personal representatives, successors and assigns, hereby release the Owner of the property, officers, agents, employees, sureties, insurers, indemnitor, attorneys, successors and assigns from all claims, demands, or cause or thing whatsoever resulting from or in connection with the property of this rental contract, including without limitation any claim, demand or cause of action for personal injury or death and any and all loss, liability, cost and expense resulting from any claim, demand, suit or cause of action which may be asserted by the Owner and Guest.

Agreement:

The parties agree to the terms of this Vacation Rental Agreement.