General Terms and House Rules 2024-12 - Dolce Vita Homes Bonaire B.V.

Article 1 Definitions

Owner: Dolce Vita Homes Bonaire B.V., legally registered in Bonaire, located at Kaya Watervillas 60A, Kralendijk, Bonaire, Caribbean Netherlands, Chamber of Commerce Bonaire number 13770. Owner of apartments and villas on Bonaire. Hereinafter referred to as "Owner."
Accommodation: The Accommodation offered by the Owner, such as an apartment, penthouse, or villa.
Tenant: The person renting or intending to rent an Accommodation.
Co-Tenant(s): Any person other than the Tenant who stays in the Accommodation.
Manager: The person responsible on behalf of the Owner for guiding the Tenant and handling the maintenance and management of an Accommodation.
Rental Price: The Rental Price of the Accommodation for the rental period.
Total Amount: The Rental Price that the Tenant pays to the Owner, plus any additional costs and ABB (General Consumption Tax), displayed as an "All-in Price."
Rental Agreement: The written or digital agreement between the Owner and Tenant for an Accommodation.
Rental Period: The period of stay mentioned in the Rental Agreement. If the duration is less than 90 days, it is considered a short-term rental; if more than 90 days, it is considered a long-term rental.

Article 2 Applicability of General Terms

1. These General Terms apply to all offers, quotations, bookings, agreements, deliveries, and services relating to all Accommodations rented and/or managed. Deviating General Terms, clauses, provisions, agreements, arrangements, and/or commitments are not applicable unless expressly confirmed in writing by the Owner.
2. The Owner reserves the right to unilaterally amend the General Terms. In the event of a change, the Owner will immediately notify the parties involved in writing.

Article 3 Offers and Prices

1. All offers, promotions, prices, and rates of the Owner on websites, social media, and/or in brochures of any kind are non-binding and dependent on approval by the Owner. The owner is not bound by any omission or error in its communication and publicity on its own or external websites, social media, and other written expressions.
2. All stated prices are in U.S. Dollars unless third-party booking websites display amounts in other currencies. Prices include General Consumption Tax (ABB).
3. In addition to the rental price, there are additional costs such as booking fees, cleaning fees, or government-imposed charges such as tourist tax (excluding the Bonaire entry-tax). The Rental Price and additional costs together form the Total Amount, shown as an All-in Price on the booking confirmation and invoice.
4. By making a booking, the Tenant declares to have read and understood the characteristics and description of the Accommodation, and the Tenant requires no further explanation.

Article 4 Reservations

1. Reservations for renting an Accommodation can be made via the internet, email, or telephone. A reservation is only accepted after written or digital confirmation by the Owner.
2. Reservations are only processed if the Tenant is eighteen years or older.
3. The Owner generally confirms a reservation within 7 days after it is made. If the reservation is not confirmed within 7 days, the Tenant must immediately contact the Owner.
4. A reservation is binding on the Tenant from the time of booking, and on the Owner from the time the deposit is received.
5. In the case of unusual reservations, especially for large groups, the Owner reserves the right to refuse a reservation without providing reasons or to impose additional conditions on the reservation.
6. Special preferences can be specified when booking. Preferences are not guaranteed by the Owner and therefore do not form part of the Rental Agreement until availability is confirmed.
7. Any discount codes are personal, non-transferable, and are not valid for any other Accommodation than that for which the discount was issued Article 5 Rental Agreement
8. A Rental Agreement is concluded between the Owner and the Tenant and concerns the rental of one or more Accommodations for a specified Rental Period.
9. The Manager is authorized by the Owner to act on its behalf regarding the rental of the Accommodation.
10. If a Tenant wishes to amend the agreement after concluding the Rental Agreement, the Owner is not obliged to accept such changes. If the Owner agrees to the proposed changes, an additional fee may be charged.

Article 6 Payments

1. Only the Owner is authorized to charge the Rental Price and other additional costs and fees associated with the Rental Agreement to the Tenant and receive payment thereof.
2. Payments must always be made to the Owner by transferring the amount owed (in U.S. Dollars) to the Owner's bank account at MCB Bank Bonaire or by credit card payment. All costs of international transfers and currency exchange are borne by the Tenant.
3. Within 7 days after the reservation is confirmed by the Owner, 25% of the Total Amount, consisting of the Rental Price and additional costs including ABB, must be paid to the Owner.
4. The remaining 75% of the Total Amount must be paid no later than 8 weeks before the start date of the Rental Period.
5. If a reservation is made less than 8 weeks before the start date of the rental period, the Total Amount must be paid in full within 4 days after the reservation is confirmed by the Owner.
6. The Owner will issue an invoice for the Total Amount to the Tenant after the end of the Rental Period.
7. The date a payment is received by the Owner is considered the payment date.
8. If a due payment is not received on time, the Owner reserves the right to charge additional administrative, collection costs, and statutory interest on the amount owed.
9. If payment is not received within 7 days after a first notice to the Tenant, the Owner reserves the right to cancel the reservation. In this case, the cancellation terms as set out in Article 7 of these General Terms apply.
10. In the case of long-term rental, different payment conditions may apply.
11. If the Owner so requests, the Tenant must provide proof of payment.

Article 7 Cancellations and Changes

1. The Tenant is entitled to cancel the reservation at any time or to appoint a substitute Tenant, provided the Owner expressly agrees to the replacement.
2. In the case of replacement by the Tenant, both the substitute Tenant and the original Tenant are jointly and severally liable for payment of the remaining total amount owed to the Owner.
3. A cancellation or replacement request must be made in writing to the Owner and is only valid after confirmation by the Owner.
4. In case of cancellation of a reservation, the Tenant is liable for the following fees
   • 15% of the Total Amount if canceled up to 12 weeks before the start date of the Rental Period;
   • 50% of the Total Amount if canceled within 12 weeks but no later than 8 weeks before the start date of the Rental Period;
   • 100% of the Total Amount if canceled within 8 weeks before the start date of the Rental Period.
5. If the Tenant does not use the rented Accommodation or leaves it before the end of the rental period, no refund will be given.
6. The Owner may cancel or modify the Rental Agreement with the Tenant at any time in the event of:
7. Force majeure, including but not limited to situations of war, strike, natural disaster, extreme weather conditions, fire, pandemic, death of the Owner, unannounced sale of the property, and/or occupation of the Accommodation by a new Owner, etc.;
8. Compelling circumstances that make it unreasonable for the Owner to comply with the agreement;
9. Serious and, after a warning from the Owner, persistent nuisance to the environment, neighbors by the Tenant and/or Co-Tenant(s), or if the Tenant and/or Co-Tenant(s) do not treat the Accommodation with the care expected of a good tenant.
10. If one or more of the above circumstances arise, but not due to the negligence or culpable behavior of the Tenant and/or Co-Tenant(s), the Owner will, as far as possible, try to offer an alternative Accommodation to the Tenant. If no alternative can be offered, or if the Tenant does not accept the offered alternative, the total amount paid by the Tenant to the Owner will be refunded.
11. The Owner is not liable for any other damage and/or costs resulting from the cancellation or modification of the Rental Agreement.
12. In the case of long-term rental, other cancellation terms may be agreed upon.

Article 8 Security Deposit

1. When a security deposit is applicable for renting an Accommodation, it must be paid along with the payment (of the remainder) of the Total Amount.
2. If the security deposit is not received on time, the Owner reserves the right to cancel the reservation. In this case, the cancellation terms outlined in Article 7 apply.
3. The purpose of the security deposit is to cover any damage and/or costs, broadly defined, that the Owner may incur due to negligence or non-compliance with the obligations under the Rental Agreement by the Tenant and/or Co-Tenant(s).
4. The security deposit cannot be used to offset any outstanding rental amount or other costs, and the Tenant cannot claim a right to offset debts.
5. The security deposit will be refunded within 14 days after the end of the rental period, less any damage and costs.
6. If the security deposit does not fully cover the damage and/or costs, the Owner will recover and collect the additional damage and/or costs from the Tenant.

Article 9 Stay and House Rules

1. Check-in is possible from 3:00 PM on the day of arrival. Early check-in, if available, may be requested by the Tenant.
2. Check-out time is no later than 11:00 AM on the day of departure. A late check-out, if available, may be arranged upon request.
3. Additional charges may apply for early check-in or late check-out.
4. The Tenant and Co-Tenant(s) are required to treat and use the Accommodation with the care expected of a good tenant.
5. The Tenant must promptly inform the Owner of any damage, defects, or missing inventory in the rented Accommodation(s). The Tenant is liable for any damage attributable to them or their Co-Tenant(s).
6. The Accommodation may not be used by more persons than specified in the booking confirmation. If more persons are accommodated, the Owner reserves the right to deny access to the Tenant and/or Co-Tenant(s) or charge additional fees for each extra Co-Tenant.
7. The Tenant is not allowed to sublet or otherwise allow third-party use of the Accommodation without prior consent from the Owner.
8. Air conditioners consume a lot of power, and normal air conditioner use is included in the rental price. This means the air conditioners must be turned off when leaving the Accommodation. Rooms cool down quickly when turned on upon arrival. Non-compliance constitutes excessive air conditioner use, which incurs additional energy costs that may be charged to the Tenant.
9. Smoking is prohibited inside the Accommodation. Smoking is allowed on the terrace and other outdoor areas.
10. Pets are not allowed in the rented Accommodation. Non-compliance with this rule entitles the Owner or Manager to deny further access to the Tenant and/or Co-Tenant(s).
11. If the Accommodation has a jacuzzi, it is strictly prohibited to enter it with sunscreen on the body.
12. Available Supboards and accessories must be returned to the wall mounts after use. Supboards should not be left on the docks.
13. Maintenance may be performed on the garden, jacuzzi, accommodation, or equipment during the rental period. The Tenant must allow access for this work.
14. Upon departure, the Accommodation must be left broom clean. This includes:
    • Clean and stored dishes;
    • Emptying the dishwasher;
    • Emptying all trash bins;
    • Empty and clean refrigerator;
    • Disposal of all perishable food;
    • Collecting bedding and towels on the floor;
    • Swept floors.
15. If the above conditions are not met, additional cleaning fees may be charged.
16. House rules are available in writing in the Accommodation and are an integral part of the Rental Agreement.
17. Additional house rules may be provided by the Owner or the Manager. Any additional house rules will be presented to the Tenant upon arrival.

Article 10 Liability

1. The Owner is not liable for damage resulting from omissions and/or errors in information on websites or social media, in offers, promotions, prices, and rates, or in brochures of any kind, as well as in booking confirmations and/or property management agreements.
2. The Owner is not liable for damage suffered by the Tenant and/or Co-Tenant(s) due to fire, leakage, an accident, or any other cause related to the use and/or rental of an Accommodation.
3. The Owner is not responsible for loss, theft, or damage to the property of the Tenant or other users.
4. The Owner is not responsible for inconvenience caused by force majeure or external factors, including disruption of utilities or incidents such as burglary. In case of any inconvenience, the Owner will take all reasonable measures to minimize it for the Tenant and/or Co-Tenant(s).
5. The Owner is not liable when construction activities take place near the Accommodation. The Tenant cannot claim any compensation or refund due to (noise) disturbance from third parties.
6. The Tenant and Co-Tenant(s) who are granted access to a property by the Tenant are jointly liable for all damages resulting from negligence or non-compliance with obligations under the Rental Agreement, including but not limited to obligations mentioned in these General Terms and house rules. The Owner is authorized to claim damages from the Tenant and/or Co-Tenant(s) on behalf of the Owner.
7. Any recoverable damage due to the Owner's liability is capped at 10,000 U.S. Dollars.

Article 11 Applicable Law and Final Provisions

1. The law of the Caribbean Netherlands (BES law) applies to all agreements between the Owner and Tenant, as well as the services provided by the Owner.
2. The Court of First Instance of Bonaire has exclusive jurisdiction over all disputes that may arise in connection with the Rental Agreement, the services provided by the Owner, or any agreements between the parties arising from it.
3. Parties may not transfer rights and obligations to third parties unless agreed in writing by the parties.
4. If any article conflicts with applicable law, an interpretation that closely aligns with the intentions of the article will be followed.

Stay and House Rules

1. Check-in is possible from 3:00 PM on the day of arrival. Early check-in, if available, can be requested by the Tenant.
2. Check-out time is no later than 11:00 AM on the day of departure. Late check-out, if possible, can be arranged upon request by the Tenant.
3. Additional fees may apply for early check-in or late check-out.
4. The Tenant and co-Tenants are required to treat and use the Accommodation with the care expected of a good tenant.
5. The Tenant is obligated to promptly inform the Owner of any damage, defects, or missing inventory in the rented Accommodation(s). The Renter is liable for any damages attributable to the Renter and/or co-renters.
6. The Accommodation may not be occupied by more people than stated by the Owner in the reservation confirmation. If an Accommodation is used by more people than permitted, the Owner reserves the right to deny access to the Accommodation to the Tenant and/or co-Tenants or to charge extra fees for each additional co-Tenants.
7. The Tenant is not allowed to sublet the Accommodation or grant its use to third parties without prior consent from the Owner.
8. Air conditioners consume a lot of electricity; normal air conditioner usage is included in the rental price. This means the air conditioners must be turned off when leaving the Accommodation. The rooms cool down quickly when turned on upon arrival. Failure to comply will be considered excessive air conditioner usage, which may result in high additional energy costs charged to the Tenant.
9. Smoking is not allowed inside the Accommodation. Smoking is allowed on the terrace and other outdoor areas.
10. Pets are not allowed in the rented Accommodation. In case of non-compliance with this rule, the Owner or Manager reserves the right to deny further access to the Accommodation to the Tenant and/or co-Tenants.
11. If the Accommodation has a jacuzzi, it is strictly prohibited to enter the jacuzzi with sunscreen on the body.
12. Available SUP boards and accessories must be returned to the wall mounts after use. SUP boards should not be left on the docks.
13. During the Rental period, maintenance may be carried out on the garden, jacuzzi, accommodation, or equipment. The Tenant must grant access to those designated by the Owner to perform this work.
14. Upon departure, the Accommodation must be left in a broom-clean condition. This means: 
    • Dishes are cleaned and stored in the cabinets;
    • The dishwasher is emptied;
    • All trash bins are emptied;
    • The refrigerator is emptied and cleaned;
    • All perishable food is disposed of;
    • Bed linens and towels are gathered on the floor;
    • The floor is swept clean.
15. If the above requirements are not met, additional cleaning fees will be charged.
16. House rules are available in writing in the Accommodation and are an integral part of the Rental Agreement.
17. Additional house rules may be provided by the Owner or the Manager.
18. Any additional house rules will be presented to the Tenant upon arrival.