Vacation Accommodation Guest Agreement

1. Defined Terms

In addition to words and phrases with initial capital letters above and on the attached Guest Registration Card, in this Agreement:

1. “Accommodation Fees” – means the aggregate of the Daily Rental Rate for the Vacation Time, Cleaning Costs, and all other applicable charges and taxes.
2. “Check-Out Time,” – says 11:00 AM in on the Check-Out Date (Aruban time).
3. “Guest” – means the person named on the Guest Registration Card and includes all persons listed therein and invitees of any such persons.
4. “Property” – means the property described as such on the attached Guest Information Form and includes all fixtures, Personal Property, equipment, and supplies thereon.
5. “Vacation Time” – means the time between the Check-In Date to Check-Out Time.
6. “Lumière” – means Lumière Residences & Property Development

2. Accommodation Fees

Guest agrees to pay the length of the entire stay of the Accommodation Fees to Lumière at the time of booking and to authorize the Security Deposit on the Check-In Date. A change in the length or dates of your stay may result in a rate change.

3. Property Not Available

If for any reason beyond the control of Guest, Owner or Lumière, such as fire, flood or damage, the property is not available for, or becomes unsuitable for continued occupancy by Guest, then Lumière will use best reasonable efforts to obtain use of an alternative property for Guest for the Vacation Time or balance thereof, but will not be liable to Guest for failure to locate a suitable alternative or any additional costs associated therewith.
The Owner will refund Guest a pro-rata portion of the Accommodation Fees for the part of the Vacation Time in which the property was not available for use by Guest. No refund will be payable if the loss of use of the property is attributable to actions or inactions of Guest.

4. Security Deposit

Guest with this authorizes Lumière to obtain pre-authorization of the Security Deposit against Guest’s credit card and to collect and apply the Security Deposit, if necessary, to pay for all excess cleaning and restoration costs, repairs above normal wear and tear and other charges of any kind for which Guest is responsible, as determined by Owner. Nothing herein limits Guest’s liability for damages or additional costs associated with the property. The Security Deposit is $300 except for special events such as weddings, receptions, conferences, and long term rentals.

5. Conduct

While at the Property, Guest will act reasonably and respectfully and will use the property carefully to avoid damage, reasonable wear and tear expected, and will not create a nuisance to occupants of any neighboring property.  Guest and the members of his/her party shall not use or permit to be brought onto the property any illegal or controlled substances (without a prescription), firearms, or items hazardous to Persons or Property. Guest agrees that the premises shall not be used for any illegal or unlawful purpose.
The property is located in a residential neighborhood. Guest shall be quiet and peacefully enjoy the premises so as not to disturb neighbors or visitors, guests of neighboring properties. This is especially appreciated after 10:00 PM. Occupancy and use of the premises in such a fashion that disturbs or offends neighboring residents or guests shall be deemed grounds for termination.  Any police enforcement actions by Aruban authorities or Home/Condominium Association are at the sole risk and expense of the registered Guest and may result in Excess Damage Cost and immediate eviction and forfeiture of all amounts paid.

6. Guest List and Occupancy Limits

The use and occupancy of the property are limited to the named Guest(s). Occupancy exceeding this limit, as listed above, will result in a penalty of $250 per person per night. The registered Guest and party/ies on the Registration Card are the only overnight guests allowed unless prior written permission is received from Lumière.
The Guest signing the Registration Card must be at least 21 years of age. They will be held responsible for all other parties and guests of the Guest for compliance with these terms and conditions, with listed policies, ordinances, rules and regulations, and for any losses incurred by Manager or to the property due to negligence or vandalism.
Owner or Lumière may require that Guest leave the property if, in Owner’s or Lumière’s reasonable opinion, any action of Guest breaches this Agreement or is unreasonable, in which case Lumière may terminate this Agreement without liability to Guest. No parties, celebrations, and such exceeding four people are allowed in a one-bedroom condo without the written consent of the owner/and/or managing agent.
No parties, celebrations, and such exceeding six people are allowed in a two-bedroom condo without the written consent of the owner/and/or managing agent. No parties, celebrations, and such exceeding ten people are allowed in a three-bedroom condo without the written consent of the owner/and/or managing agent.

6A. Recreation Areas

The use of recreation areas, including but not limited to pools, barbeque grills, gazebos, and pool lounge chairs, are limited only to the paid guests.

7. Smoking

Smoking is strictly forbidden inside the property.  Smoking is only allowed “outside” or in the smoke- designated areas.  Evidence of smoking inside the property will result in immediate eviction and forfeiture of all amounts paid and will result in a Penalty Fee of $250 per bedroom to Guest as Excess Damage Cost and will be charged against the credit card on file.

7A. Internet

There will be no charge for wireless internet.

7B. Balcony

Patio and terrace are to be kept in a clean and neat condition. Patio and balcony need to be free of clothing and towels, coin-operated laundry, and dryer on the property for guest usage.

8. Parking

All parking is at the Guest’s own risk. Lumière and the Owner are not responsible for theft and damage to vehicle and vehicle content.

9. Pet

Pets are not allowed in or on the property.

10. Locked Areas

Areas for which Guest is not provided a key, such as an Owner’s storage areas, clubhouse office/storage areas, pool pump houses, and electrical/telecommunications facilities are exempt from this Rental Agreement and are off-limits to the Guest. Forced entry into these areas is cause for immediate termination, and Guest will be charged for damage and missing items.

11. Insects & Other Animals

Insects & Other Animals are common in Aruba. Some insect/animal bites (stings, etc.) may cause an allergic reaction or be poisonous. Although the unit is under pest control, some insects and even other animals may find access to the group. Guest and all members of Guest’s party will make every effort to keep pests out of the unit and will take any cautionary measures they feel necessary for their protection.

12. Security

Guest acknowledges that Lumière has made no representation that the property is a “secure” compound and that Guest is safe from theft, injury, or damage. Gates, fences, and locks are provided primarily for the protection of Owner’s Property and are not a warranty of security, nor are they specifically provided for the protection of Guest or Guest’s Property.
Guests shall take appropriate measures to protect themselves and their property, and report to the Police any suspicious activities, persons, or events occurring on or about the general premises. The Owner shall have no responsibility for lost, stolen, or abandoned items. There will be a fee of $20.00 plus shipping costs for any returned items.

13. Access During Vacation Time

Guest will permit Owner or Lumière personnel to access the property during the Vacation Time if such access is reasonably required for maintenance, safety, security, or other bona fide purposes.

14. Repairs and maintenance

Repair and maintenance problems must be brought to Lumière personnel’s attention within 24 hours of occupancy or occurrence, or guests will be held liable for all such damages or repairs. Lumière personnel will not be responsible for any unauthorized expenses incurred by Guests or his/her guests. Costs of needless or unauthorized service will be charged as Excess Damage Cost against the credit card on file. Maintenance responsibilities are as follows: Lumière personnel:  Electricity, water, ACs, and initial supplies (toilet paper, paper towels, dish soap, hand soap, and garbage bags).

15. Cause for Eviction

 The Guest and all parties with the Guest will be subject to immediate eviction from the property if the Guest or parties of the Guest violate any terms of this Agreement, including but not limited to, violation of the occupancy limits, pet provision, smoking, noise ordinance or parking.  In the event of eviction from the property, the Guest shall forfeit all amounts paid, and there will be no refund of money.

16. Liability and Damage

Guest agrees to defend, indemnify and hold Lumière and its owners harmless from any and all liability, claims, loss, property damage or expenses, arising because of any injury, death or damage sustained by any person, or to the property of any person, in or on the property during the Term of this Agreement, including Guest, additional invitees or visitors of Guest, where such injury, death or damage is caused by a negligent or intentional act of Guest, other Guest or any of Guest’s visitors or invitees.

17. Attorney’s Fees and Costs

If Lumière employs the services of an attorney to enforce any conditions of this Agreement, to collect any amounts due, the eviction of the Guest, or because Guest takes any action to recover deposits not due, Guest shall be liable for reasonable attorney’s fees with incurring costs.

18. Governing Law

This Agreement will be governed by and construed under the laws of Aruba, and the civil code of Aruba is applicable therein.

19. Acknowledgment

I/We read & accept the terms & conditions of this Agreement & all the rules of the Home Owner Association.
The person who will be staying in the unit rental for the duration of the entire stay, signing this VACATION ACCOMMODATION GUEST AGREEMENT, takes complete responsibility of all Guests/Occupants and taking care of payment arrangements. The Driver’s License/Passport Number is needed for the Registered Guest.