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General terms and conditions of Flor di Flamboyan
Definitions:
We acknowledge under these terms:
Flor di Flamboyan” is the owner of the studios in the Perseusweg Willemstad on Curacao.
Main renter/ renter: The other part who wants or wishes to rent a studio offered by Flor di Flamboyan.
Co-renter: The other/others parts who will be renting along with the Main renter / renter and who will be staying in the studio as well.
Owner: The legitimate owner of the facility.
Manager: Caribbean Cribs is legally assigned to administrate the accommodation in name of the owner.
Reservation: The reservation of a housing facility accepted by Flor di Flamboyan.
Total sum: The total amount of money or cash including the rent, administration fees, taxes and the costs of possible additional services.
Article 1. General:
Art. 1, section 1. After arranging a reservation you (The main renter) automatically accept the terms and conditions mentioned below. Both the main renter as well as Flor di Flamboyan are forced to be responsible after the contract or reservation is approved.
Art. 1, section 2. There are no rights binding the contents of this web site, changes and typing and mistakes included.
Art. 1, section 3. The prices, terms and conditions displayed on this site exclude taxes .
Article 2. Reservations:
Art. 2, section 1. The housing facilities can be reserved by means of a letter, fax, an e-mail or by phone. These ways of making a reservation are representative and compromising and the main renter will be charged a cancelation fees (If he or she decides to cancel the reservation later on).
Art. 2, section 2. Reservation/administration fees are charged by Flor di Flamboyan only once every time you register, for the amount of 15 € (Euro).
Article 3. The making of a rental agreement and its characteristics:
Art. 3, section 1. The agreement between Flor di Flamboyan and the main renter will be official the moment a request is received through a phone call, a written letter or an e-mail asking for one of our studios, and the owner of the studio has given his/her approval.
Art. 3, section 2. After the reservation has been confirmed, the main renter will receive an electronic confirmation, possibly in the form of an invoice.
Art. 3, section 3. The confirmation/invoice sent by Flor di Flamboyan to the main renter, will contain all the necessary information about the renting and housing of the chosen facility. The main renter, after receiving the confirmation/invoice, is requested to check the data on this confirmation/invoice and notify us within 7 working days for any mistake or lack of information. Should this notice not be received within the 7 labor days, the main renter will have no rights to claim the matter.
Article 4. Prices:
Art. 4, section 1. Prices on the rental agreement are binding, reserving rights of mistakes. Energy and water fees may vary due to market fluctuations. In addition to the rent, reservation fees (15 Euro), taxes (5% tax), and service fees will be charged
Article 5. Payment:
Art. 5, section 1. The payment can be made 2 ways:
- The total sum can be paid all at once, or...
- 50% of the total amount should be paid within the first 7 days after the main renter has received his/her confirmed agreement/invoice. The remaining 50% should be received by Flor di Flamboyan (Caribbean Cribs), six (6) weeks before the first day of the stay at the facility.
Art. 5, section 2. A last minute reservation (A reservation made in a term shorter than 6 weeks of the first day of stay/housing at the facility) has to be paid within 3 working days after the receipt of the confirmation / invoice, in which case Flor di Flamboyan (Caribbean Cribs) has the right to demand the payment to be made through electronic payment (Internet banking) or telephone payment.
Art. 5, section 3. Payments can be made through electronic payments or telephone transfer. Any extra charge, such as transaction fees, are to be paid by the renter.
Art. 5, section 4. Flor di Flamboyan is not responsible for payment reminders or payment overviews to be sent to the main renter, unless there is an agreement to do so.
Art. 5, section 5. Should a payment not be received on time, Flor di Flamboyan has the right to cancel the reservation of the facility. Previously paid money will not be refunded.
Article 6. Residence information:
Art. 6, section 1. After the incoming guest has made the payment completely, Flor di Flamboyan will send the main renter information about the facility, such as the address, where to collect the keys, etc.
Art. 6, section 2. It is forbidden to stay at the facility with more people than agreed upon at the time of reservation.
Art. 6, section 3. The facility should be taken care of. The renters take the responsibility through their entire stay for the facility and its assigned surroundings, and commits him/herself to pay the owner or manager for any damage as a result of carelessness or misuse. Any breakdowns, failures, faulty fittings or furnishings should be reported to the manager or owner.
Art. 6, section 4. Both parties related in the agreement must respect and follow any given instructions by the owner and / or manager of the facility.
Art. 6, section 5. No disturbance should be caused by the incoming guests to the neighbors. Should this happen, it should be immediately stopped on the request of the owner/manager or neighbors.
Article 7. Security deposit (if applicable):
Art. 7, section 1. The incoming guest should pay a security deposit (a specific quantity of money) should the owner require this, failing to do so the rental agreement will be canceled the day of arrival.
Art. 7, section 2. The total amount of the security deposit should be paid to the owner or manager the day of arrival at the facility (Unless the rental agreement says otherwise). This fee serves has a guarantee to cover totally or partially any possible damage to the facility, its surroundings and/or its furnishings. After your stay at the facility it is possible that energy and/or water will be billed to the renter by the owner or manager, and possible damage and/or missing of furniture, these can be paid with the security deposit, should the amount be higher than the security deposit, the renter will have to pay the difference
Article 8. Cancellation and change of renter:
Art 8, section 1. Cancellations have to be notified to Flor di Flamboyan through e-mail, upon received of same, Flor di Flamboyan will send an acknowledgment of cancellation by e-mail.
Art 8, section 2. Cancellations will be charged with the following:
- A cancellation before the 42nd day before the original day of arrival at the facility will be charged with 50% of the total sum of the rental agreement.
- A cancellation made between the 42nd day and the first day of arrival at the facility will be charged with 100% of the total sum of the rental agreement.
The renter himself is responsible for acquiring a cancellation, third party and travel insurance policy. These can be requested through the renter’s own insurance company or travel agent.
Art 8, section 3. The reservation fee is never paid back.
Art 8, section 4. Changing costs are 25 € (Euro) for each change.
Article 9. Cancellations by Flor di Flamboyan:
Art 9, section 1. Flor di Flamboyan has the right to cancel a reservation in one of the following cases:
- The renter has not met the payment terms.
- The rental agreement and rules are not being met or fulfilled.
- In both cases above the renter will lose the sum paid so far.
Art 9, section 2. In case of major inconveniences or due to a sequence of events that are beyond control of Flor di Flamboyan, Flor di Flamboyan can cancel the reservation, the renter will be informed immediately and an alternative housing facility will be offered whenever possible, matching the needs and/or requirements of the renter as much as possible. May the renter not accept this offer, or may Flor di Flamboyan not be able to offer an alternative, the total sum paid so far by the renter will then be paid back to him/her and he/she will accept this with no further claiming rights.
Article 10. Complaints:
Art 10, section 1. The renter should notify any missing item, imperfection or deficiency within 24 hours after the first day of arrival at the facility to the owner or manager. The owner or manager will try to solve the problem as soon as possible. After having left the facility, the renter should forward his/her complaint to Flor di flamboyan within 7 days giving a detailed description of the complaint. Complaints received after this period of 7 days will not be processed.
Art 10, section 2. Leaving the facility without consulting with Flor di Flamboyan, will result in the loss of any type of rights and/or retributions for the renter.
Article 11. Liability of Flor di Flamboyan:
Art. 11, section 1. Flor di Flamboyan can not be held responsible for injury to the renters, loss, damage, and theft of the renter’s belongings of any kind, as consequence of deficiencies of the accommodation, faulty surroundings and additional rented goods. Neither can Flor di flamboyan be held responsible for technical and power failures, problems in water supply, not reported or later on added construction works and changes to access roads.
Art. 11, section 2. Flor di Flamboyan can not be held responsible for mistakes, wrong descriptions and prices of the housing facilities offered.
Article 12. Pets:
Art. 12, section 1. No pets are allowed in the accommodations unless previous approval from the owner has been given. Pet owners should mention that they are bringing a pet in the “remarks” box shown on the booking and reservations form.
Art. 12, section 2. The owner of any pet brought to an accommodation of Flor di Flamboyan, is fully responsible for any damage to the accommodation or facilities of the accommodation and its surroundings. The owner will be charged the amount of the damage.
Art. 12, section 3. Flor di Flamboyan is not responsible for any damage to a pet, sudden death or loss of the pet. Flor di Flamboyan can not be held accountable for any matter happening to the pet (s).
*** These terms and conditions will fall under the law of the Netherlands Antilles.
Any disputes between Flor di Flamboyan and renters caused or coming from agreements and/or the terms and conditions, will be processed through the court of law in Willemstad, Dutch Antilles.
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