1. Applicable substantive law

The terms of the rental contract are based on the laws of Curacao.

2. Conclusion of the contract / right of withdrawal

The following applies to the tenancy and its conclusion:

The renter accepts the following conditions when booking one of the landlord’s apartments.

The booking request constitutes a non-binding request to conclude a rental agreement for the conditions and prices, as well as the utility/incidental costs published on this page. Confirmation from the landlord constitutes a binding offer to conclude a binding rental agreement. The landlord is bound to this offer for 3 days from the time the offer is sent by email. The binding booking then becomes official after the tenant has agreed to the conditions. The landlord will then promptly send an advanced invoice (for 50% of the rent, deposit and utilities) by email, which the tenant should settle immediately, or at the latest, within 10 days. After expiry of this period, the landlord is entitled to withdraw from the rental contract at any time until receipt of payment, without the tenant having any claims for compensation, with the exception of claims for repayment of any partial payments made.

The remaining rent is payable no later than 3 months before the rental date. Otherwise, the landlord has the right to set a grace period by e-mail and to then to withdraw from the contract if payment is not received. The deposit then expires and remains as a cancellation fee with the landlord.

A right of withdrawal for the tenant does not exist. The renting takes place in the context of managing personal property by the landlords. It is not a commercial activity. Therefore, we recommend purchasing travel cancellation insurance.

The utility/incidental costs are calculated and billed after the end of the rental period (according to actual consumption) and offset against the deposit. Any remaining balance will be refunded no later than 6 weeks after the end of the rental period.

In the case of a no-show (missing arrival), full payment is due.

However, the renter can cancel the booking up to 3 months before the start of the rental period. In this case, 50% of the rent will be charged and 50% of the rent will be reimbursed if the payment has already been made, as well as the prepaid utility costs and security deposit.

Electricity and water will be billed at the end of the rental period according to actual consumption.

The renter must be at least 25 years old and bears responsibility for younger persons in his or her party during the entire rental period.

The renter should send a copy of his or her passport when booking.

3. Obligations of the parties

The landlord is obliged to provide the rental object in a contractual condition to the tenant for use in the event of a binding booking.

The renter is obliged to handle the rental property with care and to return it at the end of the rental period in proper condition. The tenant is obliged to pay damages for any damage during use. In addition, the renter is obliged to report any damage immediately to the landlord.

In that regard, we appeal to the reason of the tenants and ask in the interest of subsequent tenants to return the rental property as it was taken over and how you would like to find it yourself at the beginning of the lease. In that regard, a careful and considerate approach to avoid damage should be self-evident.

In addition, the interests of other tourists and neighbors must be considered.

A transfer of use to third parties is not permitted. The rental property may only be obtained and used with the number of registered persons. In case of violations, the landlord is entitled to terminate the lease without notice and also charge a fee of 100% on the price to be paid (penalty) for the unreported persons.

Pets and/or smoking in the apartments are not allowed.

The tenant is obligated to properly close the windows and doors in case of absence and corresponding weather conditions (rain and storm) and also to switch off all electrical appliances in case of non-use.

Attention hazard: The pool is 1,50 meters deep and therefore only suitable for swimmers. The pool is not supervised and not secured against falling from the terrace.

4. Liability

The use of the rental property including the pool is at the renter’s own risk. The landlord is not liable for any damages of the renter or their accompanying persons, unless the damage is due to an intentional or grossly negligent breach of duty on the part of the landlord or his vicarious agents.

As a precaution, the renter hereby indemnifies the landlord from any claims of the renter’s accompanying persons for damages, unless the claims are based on intent or gross negligence on the part of the landlord or his vicarious agents.

Parents of small children must ensure that the children are not left unattended near or in the pool (depth is 1.50 m – a drowning hazard!).

The landlord is also not liable for theft, losses or other damages, for potential issues with the technical equipment or temporary failures or disturbances regarding the supply of electricity, water and Internet. Furthermore his is not liable for construction sites and construction or other nuisances outside the property and/or in the vicinity of the rental property, unless he or his vicarious agents have intentionally or with gross negligence caused the offending issue.