Some Questions Are More Important Than Answers
Some Questions Are More Important Than Answers
Terms & Conditions
The booking terms and conditions form the sole contract between CaboVIP Rentals and the person signing the booking form, who must be over 18 years of age and who shall be deemed to sign this form on behalf of all the persons herein and CaboVIP rentals.
No contract shall exist until CaboVIP Rentals have received a signed booking together with the correct “booking deposit” and/or “full payment” and have confirmed the reservation in writing.
1. Our contract with you
1.1. These booking terms and conditions (Terms) form the basis of your contract with CaboVIP (a company registered in Ontario Canada whose company registration number is 002541741) (we or us). Please ensure that you read the Terms carefully as they set out our respective rights and obligations.
1.2. These Terms, as amended from time to time, apply to all bookings including those made by telephone, fax, e-mail, online, in writing or by any other means.
1.3. These Terms will become binding on you, and you will be deemed to have accepted these terms on behalf of any other persons detailed on the booking, on the earliest of:
(a) you paying us a deposit;
(b) you making full payment of the cost of your rental or package;
(c) We send to you, via e-mail or post, a booking confirmation that confirms the details of your booking. Proof of valid passports;
(d) Proof of flight arrival and Departure;
(e) Upon satisfaction of all points in 1.3 we will send via e-mail confirmation of your booking
2. Booking your CaboVIP Rentals Experience
2.1. By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
(a) the details they are providing are complete and accurate;
(b) he/she has read these Terms and has the authority to, and does agree to be, bound by them;
(d) he/she is over 18 years of age and where placing an order for services with age restrictions, declares that he/she and all members of the party are of the appropriate age to purchase those services.
2.2. When you submit a booking to us, this does not mean we have accepted your booking. Our acceptance of the booking will take place as described in clause 1.3 (when a binding contract is entered into).
2.3. If we are unable to fulfil the booking, for any reason, we will inform you of this and recommend other viable options and we will not process the booking further.
3.1. Prices vary based on season, availability, supply and demand within the market at any given time quoted on our website are those in effect at the time of viewing only. Pricing will vary depending on these factors, however once you receive a pricing quote from CaboVIP, it will be valid for a 48 hour period and will not be subject to change once a deposit has been provided.
3.2 If booking within 14 days from date of arrival, full payment must be made within 48 hours of receipt of booking quote.
3.3. We reserve the right within those 48 hours to continue to offer requested property in open market until such time CaboVIP has received payment in full for this booking
3.4. All prices quoted include all taxes.
4.1. We endeavour to ensure that all the information on our website is accurate; however, occasionally errors occur and we reserve the right to correct details in such circumstances.
4.2. Upon receipt of quote, it is your responsibility to check the price and all other details relating to the booking and any other arrangements that you wish to book prior to submitting your deposit.
4.3. We, the management company and the property owner reserve the right to change the interior room configurations, the furnishings, the fixtures and fittings of the property and all other equipment in, or appearance of, the property without giving prior notice to you.
4.4. We, the management company and the Suite of Services Company reserve the right to change and or cancel any of the services booked without giving prior notice to you. The price quoted on your booking, would be adjusted accordingly at the discretion of the management company.
5. If you wish to make changes to the booking
5.1. If you wish to change the booking in any way once a binding contract is in place between us (see clause 1.3) we will at our sole discretion decide whether to allow such a change to the booking. Making changes to a booking will not always be possible.
5.2. Any request for changes to a booking must be made in writing by the person who made the booking. Where we can meet a request, all changes will be subject to payment of an administration fee based on our increased costs as a result of any applicable rate changes and any other costs or charges incurred or imposed by third parties that we work with. The amount of the fee will be notified to you before you choose to proceed with any change. You should be aware that these costs could increase the closer to the arrival date that changes are made and you should therefore contact us as soon as possible.
5.3. Where a change in the booking is not possible and you do not wish to proceed with the original booking, we will treat this as a cancellation by you and the cancellation charges set out in clause 22 will become payable.
6. If we make changes to your booking (including cancellation)
6.1. It is unlikely that we will have to make any changes to your confirmed booking arrangements or cancel them. However, occasionally we may have to make changes after bookings have been confirmed.
6.2. In the event of minor alterations, we will do our best to notify you before your arrival date. You will not be entitled to any refund in the event that we have to make a minor alteration to your booking.
6.3. If a significant change (see below) or cancellation has to be made to your booking arrangements by us we will notify you as soon as possible. You may then either:
(a) accept the changed arrangements; or
(b) Accept an offer of an alternative property or service of comparable standard from us; if available (we will refund any price difference if the alternative is of a lower value). If you reject our offer of an alternative property of comparable standard then you will not be entitled to an alternative property of a standard that is far superior. If in these circumstances you request a property of a far superior standard, you will be required to pay any difference between the cost of the original property booked and the alternative property which is of a far superior standard; or
(c) Cancel your booking completely, in which case we will refund you all monies paid by you.
6.4. “Significant changes” include change of property or property location for the whole or a significant part of your time away. Please note that not all properties changes will constitute a “significant change”.
7. Paying for your Property
7.1. At the time of your booking you will be required to pay the total rental amount plus, where required, the security deposit and/or accidental damage insurance fee (see clause 8) in cleared USD funds (unless a different currency is stipulated).
7.2 Should you instruct your credit/debit card company to “charge back” any payment(s) properly due from you in respect of your booking, we further reserve the right to cancel your booking and/or take legal action against you for all outstanding payment(s) in the event that a “charge back” is made.
8. Accidental Damage Insurance
8.1. All bookings are subject to a non-refundable accidental damage insurance fee of $75.00 USD.
8.2. The accidental damage insurance fee payable under clause 8.1 covers you for minor accidental damage to the property and its contents during your stay up to the value of $500 USD.
8.3. You and your party are responsible for all damage and loss to the property and its contents during your stay. If you or any member of your party cause any damage to the property or any item in it or on its premises, you and/or your party are required to pay for the loss and/or damage caused to the fullest extent and in this event we will hold you and each member of your party jointly and individually responsible.
8.4. A full and detailed check of the property will take place by the management company prior to your departure (with your presence). You will be advised of any faults or damages found during, but not limited to this check and we will advise you as soon as possible of the cost of repair or replacement.
8.5. In the event that damage is caused to the property during your stay we shall, at our absolute discretion, determine whether the damage is accidental in our opinion and qualifies to be covered by the accidental damage insurance cover under this clause 8.
8.6. Gross negligence resulting in below (not limited to) are not covered by accidental damage insurance.
(a) damage or loss to property contents; and/or
(b) excessive cleaning costs; and/or
(c) Excessive electricity use (e.g. air conditioning on full with external doors left open).
8.7. Any damages must be reported to the management company prior to checking out. If you fail to report any damages the insurance will not cover you and you will be charged for the cost of repairs or replacement items.
9. Travel Insurance
9.1. Please note that it is your responsibility to arrange appropriate comprehensive travel insurance to cover risks including, but not limited to, medical treatment, accidents, repatriations and holiday cancellation/curtailment.
10. Property rental period
10.1. The property rental period begins at 16.00 hours on the day of arrival and terminates at 10.00 hours on the day of departure (unless otherwise stated or permission has been granted for an early check in or late checkout).
10.2. All properties are professionally cleaned and inspected before and after each rental to ensure that guests have a comfortable stay. Lawn and pool care are provided on a weekly basis.
10.3. Please note that each property has an initial supply of consumables (bin bags, toilet rolls, washing powder, etc.). Once these have been used neither we nor the management company are responsible for replenishing these items during your stay. The consumables supplied vary from property to property and should be adequate for the first few days of your stay.
11. Your duty of care
11.1. No other persons are permitted to stay at the property other than those named on the booking form and under no circumstances may more than the maximum number of persons specified in the property description occupy the property (except by prior written agreement with us).
11.2. Breach of clause 11.1 may result in your eviction from the property and/or additional guests being asked to vacate and in this event you will not be entitled to a refund. We and our agents reserve the right of entry to the property at any time.
11.3. You and all members of your party agree not to use the property for any illegal or commercial purpose, including subletting.
11.4. On departure you should leave the property in a reasonably clean and tidy condition so that it can be efficiently prepared for the next guests. This includes disposing of all garbage before you leave (information relating to garbage disposal including bin collection dates can be found in the property guide provided by the management company). Excess garbage left on your departure day will be charged at the rate agreed by the individual homeowner. Excessive cleaning required will also be charged at the rate agreed by the individual homeowner. All charges will clearly be displayed in the guide located in the property.
11.5. If excess rubbish must be cleared or excessive cleaning of the property is necessary following your stay, any charges will either be:
(a) deducted from your security deposit; or charged to your visa and you agree to pay such charges.
11.6. You must let the property management company know immediately if you identify any damage to the property or its contents, or if something gets broken, stained, marked or damaged in the property during your stay, so that remedial action can be undertaken as soon as possible.
12. Passport and VISA requirements
12.1. All travellers must possess valid passports and any visas required.
13. Building work
13.1. In all of our destinations and resorts, we cannot accept any liability for disruption to your holiday caused by building work, including but not limited to disruption caused by noise or dust. You accept that you will not be entitled to any refund or compensation as a result of any such disruption.
13.2. Many of our other properties are also situated in residential areas where refurbishment work may be happening on a neighbouring property over which we have no control. In the majority of cases, we are not given prior notice of such work to neighbouring properties. If after you have made a booking we become aware of such building works and it may reasonably be considered that such works will seriously impair the enjoyment of your holiday, we will offer you the opportunity to transfer to alternative accommodation. Where the alternative accommodation would constitute a significant change to your booking, we will offer you the option of cancelling without penalty.
13.3. You accept that minor refurbishment and maintenance work carried out at a neighbouring property will not affect your holiday and we will be under no obligation to offer you alternative accommodation in such circumstances.
14. Pest Control
14.1. Our destinations are in tropical climates where insects, including ants and mosquitos are sometimes inevitable. The properties are all treated regularly by a Pest Control Program and cleaned professionally between each rental; however we cannot guarantee an insect or pest free environment.
14.2. We cannot accept any responsibility for any disruption caused to your holiday by insects or other pests where this was outside of our reasonable control.
15.1. All properties have a strict no pets policy (unless otherwise stated).
16.1 All Properties have a strict no smoking policy (unless otherwise stated).
17. Weddings and corporate events
17.1. Parties, weddings and corporate events are strictly prohibited in all of our properties, unless prior permission has been granted. Violation of this rule will result in us being entitled to:
(a) evict you from the property with immediate effect (and in this event you will not be entitled to a refund); and/or
(b) Charge you for the additional charges that would have been payable by you had you sought our prior permission to hold the event and such permission had been granted. Such charges shall be payable by you to us immediately and will be charged to your credit card.
18. Pool terms and conditions
18.1. Pool, spa and hot tub heat is not included as standard with any property. At the time of booking you will be given the option of paying an additional fee for such heat on a daily rate basis.
18.2. Use of the pool is entirely at your own risk. It is particularly important that children are supervised at all times in and around the pool areas.
19. Changes to the Terms
19.1. We may revise these Terms from time to time including in circumstances where there are changes in any relevant laws or regulatory requirements.
19.2. If we have to revise these Terms under clause 22.1, we will give you at least one month’s written notice of any changes to these Terms before they take effect.
20. Our liability to you
20.1. We will not be liable or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
(a) the act(s) and/or omission(s) of the person(s) affected;
(b) the act(s) and/or omission(s) of a third party;
(c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d) an event which we could not, even with all due care, have foreseen.
20.2. For the avoidance of doubt, we do not exclude or limit in any way our liability for:
(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or
(b) fraud or fraudulent misrepresentation.
20.3. Subject to clause 21.2, the maximum amount we will be liable to pay you in respect of any claim under these Terms is the cost of the property booking. This maximum amount will only be payable where your party has not received any benefit at all from the booking.
20.4. You are reminded to exercise care as to your personal safety and the safety of your party. Use of the pool and any community pool, aqua area, tennis court and recreation area is entirely at your own risk. Bodies of water can be very dangerous and children should always be accompanied by an adult.
20.5. Valuables should be left in a secure place out of sight.
20.6. For the avoidance of doubt, we cannot accept any liability for failure of public supplies such as water, electricity or gas supplies. We also cannot accept liability for the consequences of actions or omissions relating to the supply or control of mains services that are beyond our control, or any actions taken in the vicinity of the property by any authority over which we have no control.
20.7. By agreeing to this contract you’re agreeing to indemnify CABO VIP Rentals harmless from any and all costs, expenses, attorney fees, suits, liabilities or damages.
21. Force Majeure
21.1. We will not be liable for any failure to perform, or delay in performance of, any of our obligations under these Terms or any delay to, or during, your holiday that is caused by an event out of our control (Force Majeure).
21.2. A Force Majeure means any act or event beyond our reasonable control, including without limitation flight delays or cancellations, airport closures, adverse weather conditions, industrial dispute, civil commotion, riot, invasions, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of a public or private telecommunications network.
21.3. If a Force Majeure takes place that affects the performance of our obligations under these Terms we will contact you as soon as reasonably possible to notify you.
21.4. We strongly recommend that holiday insurance is taken out by you to cover the risk of holiday cancellation or curtailment in such circumstances.
22. Your rights to cancel
22.1. Once a binding contract has been entered into (see clause 1.3), to cancel the entire booking or any component, the person making the booking must notify us in writing. If you cancel 30 days prior to arrival date a refund in the full amount of the booking will be issued. You are strongly advised to take out adequate insurance with an insurance company of your choice.
23. How we may use your personal information
23.1. We will use the personal information you provide to us to:
(a) make the booking (this includes passing your personal information to any other third party organisations who need them so that your property and any other arrangements can be secured);
(b) process your payment for the booking;
(c) send out a customer satisfaction survey at the end of your stay
We will not give your personal data to any other third party.
23.2. Where you provide us with personal information, you consent to this information being used as described in this clause.
24. Complaints and your protection
24.1. If you have cause for complaint whilst staying in the property, this must be brought to the management company’s attention immediately so that action can be taken at the time to rectify the problem. Should the management company be unable to resolve the matter, details of the complaint must be notified to us in writing within 7 days of the end of your stay. Failure to do so will affect our and the management companies ability to investigate your complaint and will result in us being unable to consider your complaint. We aim to resolve complaints within a 2 month period from receipt.
25. Other important terms
25.1. We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
25.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
25.3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
26. Governing law
26.1. These Terms and any agreement to which they apply are governed in all respects by Canadian law. You agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts in Ontario Canada.
27. Information about us and how to contact us
27.1. We are a company registered in Ontario Canada. Our company registration number is 002541741.
27.2. If you have any questions please contact us. You can contact our customer service team by e-mailing us email@example.com
27.3. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing (for example, to cancel the contract), you can send this to us by e-mail. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, to the address you provide to us in the booking.