RENTER, VILLA and OWNER agree to the following terms and conditions as part of the
rental agreement:
Villa rental
The rental of the VILLA includes the following elements. Additional items are
considered extra and will have an additional cost:
- Use of the VILLA and its facilities for the reserved dates and number of guests.
Facilities are defined as; the main structures, the pool, property easements, and the
accessible grounds and facilities. Not included are power generation rooms, electrical
inverter & battery rooms, water pump rooms, owner’s storage or other areas so
labeled or identified as not for guest usage.
- Fully trained and dedicated staff
Villa usage
Use of the VILLA is provided to you as a guest of the OWNER who asks you to treat
their vacation home with the care one would expect of a luxury home of this caliber.
Any guest, visitor or member of the RENTER group found to be mistreating the VILLA or
the staff may, at the sole discretion of VILLA, be removed from the VILLA immediately,
not allowed to return and loss of all deposits and monies paid.
Payments
Reservations require a 50% DEPOSIT of the VILLA RENTAL FEE within 48 hours. The
FINAL BALANCE of RENTAL including GRATUITY, SECURITY DEPOSIT, MEAL PLANS, and EVENTS
are expected no later than 30 days prior to the arrival date. Failure to pay initial
rental deposit, security deposit or balance of rental on time could result in loss of
reservation and all monies received. If reservations are made less than 30 days before
arrival full balance is required within 7 days of booking or prior to arrival,
whichever is sooner.
Currency
All rates and payments are in U.S. dollars.
Meal plan
The VILLA has a mandatory MEAL PLAN, which consists of a RENTER agreed menu
including breakfast, lunch, dinner, snacks, fresh juices, bottled water and soft
drinks, the cost of the MEAL PLAN will be US$95 per person per day for adults (ages
12+), US$45.00 for children between 4-11 years of age and free for youngsters under 4
years. The RENTER will notify VILLA in advance how many adults and children make up
the group so that the MEAL PLAN pricing can be determined. The total MEAL PLAN payment
will be forwarded to VILLA along with the final rental payment 30 days prior to
entry.
Transportation
The VILLA includes round trip airport transfer for one group. It is understood that
all transportation to, from and around the villa is an additional cost of the RENTER.
The VILLA manages arrangements for additional transportation upon request. There is no
fee for this service except for the fees charged by the transportation company.
Gratuities
Our staff members are all exceptionally hard working and dedicated to your total
enjoyment, satisfaction and relaxation during your vacation with us. To help
compensate them for their extraordinary efforts, we require a minimum gratuity of 12%
of the rental rate to be paid with the final rental payment 30 days prior to entry.
The villa manager uses a fair and equitable distribution formula to ensure each
member of our staff is recognized.
Refunds
Once reservations have been confirmed, all monies are committed to the rental.
VILLA will provide 90% credit of these monies for up to one (1) year against a rental
of Casa Kimball should a date change be necessary and 30 days’ notice is
provided. 100% of any security deposit, gratuities or meal plans will be refunded upon
any cancellation by RENTER. In the case of a ‘force majeure’, which
includes unforeseen border closures, a full refund is provided if within 30
days’ of the arrival date, 95% refund within 20 days or a 90% refund if less
than 20 days. If the VILLA is determined to be not rentable due to some unforeseen
circumstances 100% of monies are refunded. For peace of mind, we highly recommend you
purchase trip cancellation insurance from your travel agent or broker.
Security deposit
Following checkout the villa will be cleaned and an inventory taken prior to the
next guests checking in, provided there is no more than a reasonable clean up and
nothing has been damaged or missing the entire security deposit will be paid to you in
full within 7 business days or if we inspect the villa together prior to your
departure your security deposit funds can be used immediately as credit towards any
incidentals you have incurred while at the villa and there exists a balance it will be
paid to you within 7 business of your departure.
Occupancy
The maximum occupancy is reflected in the communicated TOTAL IN GROUP figure. Any
occupancy in excess of this or use of bedrooms unauthorized by the rental, will result
in immediate forfeiture of SECURITY DEPOSIT and additional fees as defined by VILLA,
payable upon demand.
Registered guests
VILLA accepts families, married couples and responsible adults over the age of 21
only. All guests over the age of 18 must be a signatory to this AGREEMENT. Only guests
registered with and approved by VILLA are allowed on the premises of the VILLA.
Permission must be obtained from, and additional fees paid to, VILLA for access to the
VILLA by any non-registered guests. The security personnel of the VILLA have been
instructed to prevent unauthorized access to the VILLA to help ensure your privacy and
security as well as that of the VILLA.
Bachelor parties, prostitutes, or similar activities generally considered illegal
or immoral and degrading to and abusive of the reputation of the VILLA and the
neighborhood are not allowed at any time in the VILLA. The VILLA reserves the right to
limit or reject any guests with or without cause.
Special events
Weddings and other SPECIAL EVENTS will involve bringing in outside services such as
caterers, bartenders, cooks, musicians, servers, etc. All SPECIAL EVENTS must be
arranged through the VILLA and the total of the associated fees should be forwarded to
VILLA along with the final rental payment 30 days prior to entry. The exact pricing
for the coordination of these SPECIAL EVENTS depends upon the event itself and will be
quoted as requested. Additional contractual arrangements may also be necessary.
Smoking
Smoking is not permitted within the VILLA but may be done outside on the terraces,
in the gardens or around the swimming pool. Please take normal precautions to prevent
any damage to the VILLA.
Check-in / check-out
Check in time is 2:00pm on the START DATE and check out is 12:00pm on the END DATE
standard time in the Dominican Republic unless special arrangements are made with
VILLA in advance.
Swimming pool
The swimming pool of the VILLA is used entirely by the guests of the VILLA and at
their own risk. It is imperative and the responsibility of the RENTER that children
and elderly are supervised at all times in and around the pool area. No diving is
allowed. Under no circumstances must any glass be used in or around the swimming pool
or spa. Breakage of a single glass may require drainage and cleaning of the entire
pool, which would be at the additional substantial expense of the RENTER. Plastic
cups, plates and utensils are available for your convenience.
Pets
Pets of any kind are not allowed on the property without prior arrangements.
Additional fees and security deposits for pet damage may be required at the discretion
of VILLA.
Additional terms
Upon check-in, the RENTER agrees to read and adhere to any additional guidelines
and limitations of liability of the VILLA provided by VILLA at check-in.
Licensing
Casa Kimball is organized under the laws of the Dominican Republic and is not a
licensed rental company or travel agency in any State of the United States of America
and both parties enter into this agreement with this knowledge. Both parties agree, in
the case of any contractual dispute or other action by law, to defer to the competent
adjudication of the Justice of the Peace, Municipality of Cabrera in the Dominican
Republic.
System failures & rate adjustments
VILLA and OWNER make every reasonable effort to ensure that amenities and systems
are in place, in working order, and the descriptions are as accurate as reasonably
possible. RENTER recognizes and agrees that décor, colors, inventories and
amenities may change at the OWNER’s discretion. In case of a maintenance
problem, VILLA will strive to have the problem resolved as soon as possible and
maintains full time maintenance personnel to help achieve this. However, RENTER
understands that the Dominican Republic is a developing country lacking in significant
infrastructure and with an inadequate supply of quality trades people and parts.
Unforeseen failures of any system such as electricity, water, air conditioning,
telephone, television or satellite service, internet service, appliances, etc. may be
beyond the ability of VILLA to repair rapidly. No refund or rate adjustment shall be
made for any system failure or disturbance outside of the villa beyond the control of
VILLA including construction or loud parties at neighboring villas.
External service providers
As a courtesy to our RENTERS, VILLA provides access to external service providers
including, but not limited to, local ground transportation, spa services,
entertainment and excursions. RENTER understands that VILLA is bound by agreements
with these service providers to collect payments in advance for selected services.
However, VILLA has no authority over the actual pricing of these services and makes no
warranty, written or implied, as to the actual fees the RENTER will be charged at the
time the services are utilized. As an additional courtesy, VILLA will make reasonable
efforts to inform RENTER of any price changes but changes in those prices will not
terminate, cancel or modify this Agreement or the commitment of the reservation
documented herein.
Waiver and release from liability
RENTER HEREBY WAIVES AND RELEASES, indemnifies, hold harmless and forever
discharges OWNER, VILLA and their respective owners, agents, staff, employees,
officers, directors, affiliates, successors and assigns, of and from any and all
claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and
liabilities, of every kind and nature, including any claims of owner or employee
negligence, whether known or unknown, in law or equity, that RENTER, ever had or may
have, arising from or in any way related to participation in any of the events or
activities, and for the duration of the stay at the VILLA, conducted by, on the
premises of, or for the benefit of, the VILLA provided that this waiver of liability
does not apply to any acts of gross negligence, or intentional, willful or wanton
misconduct.
RENTER understands that presence on the property may expose them to dangerous
conditions including but not limited to, insects, ditches, erosion of the land whether
man-made or natural, sharp rocks, animals, both wild and domestic, and RENTER
acknowledges that even domesticated animals may have dangerous propensities and can
create hazardous conditions including horses, cattle, dogs, etc. On behalf of
themselves, heirs, assigns and next of kin, RENTER waives all claims for damages,
injuries and death sustained to RENTER or RENTER’s property that RENTER may have
against the aforementioned released party to such activity or conditions. By this
Waiver, RENTER assumes any risk, and takes full responsibility and waives any claims
of personal injury, death or damage to personal property associated with the VILLA
including but not limited to manmade hazards associated with the property such as
slippery shower basins, swimming pool facilities, beaches, and natural hazards such as
holes, ditches, culverts, fallen trees, branches, fence posts, mud or other
irregularities and using the terrain or surrounding land for any use including:
walking, jogging, picnicking, hiking, mountain cycling, or other related activities on
and off the premises, whether or NOT attributable to RENTER’s own neglect or
fault, including use of all motorized vehicles whether deemed safe or otherwise.
RENTER further understands that the VILLA makes no claims or representations about
fitness for use of the property and the surrounding land for any particular purpose,
other than that stated, and makes no warranties, either expressed or implied, as to
the safety of the premises, and that RENTER is using said property at RENTER’s
own risk.
This WAIVER AND RELEASE contains the entire liability agreement between the
parties, and supersedes any prior written or oral agreements between them concerning
the subject matter of this WAIVER AND RELEASE. The provisions of this WAIVER AND
RELEASE may be waived, altered, amended or repealed, in whole or in part, only upon
the prior written consent of all parties. The provision of this WAIVER AND RELEASE
will continue in full force and effect even after the termination of the activities
conducted by, on the premises of, or for the benefit of the VILLA, whether by
agreement, by operation of law, or otherwise.
RENTER has read, understands and fully agrees to the terms of this WAIVER AND
RELEASE. RENTER is eighteen (18) years of age or older and mentally competent to
enter into this waiver. This Agreement and its terms and provisions will include
everyone in RENTER’s group, family or party including, but not limited to, any
minors who accompany RENTER or who are under RENTER’s care. Entry into the VILLA
by any guest confirms consent to the Terms & Conditions within this Agreement.