Terms & Conditions

Vacation Rental Terms & Conditions — Aqua Resort

General Terms

Acceptance of this agreement constitutes acceptance of the terms, conditions, limitations, rules and regulations of the property concerned. This agreement is entered into between the client (“Tenant”) and the designated representatives of the property, whether the manager, the agency or the owner. Aqua Resort B.V. acts as agent/intermediary on behalf of the Tenant and cannot be held liable for any loss, damage or injury resulting from the rental of the property.

Booking Conditions

The lead tenant must be over 18 years of age and present at both check-in and check-out. Each occupant must be registered before arrival and present valid identification at check-in. The Tenant undertakes, together with the registered persons, to personally occupy the property for the entire duration of the stay and not to sublet it, even partially. The total number of occupants is limited to the maximum capacity indicated on the booking confirmation. The Tenant may not invite or host additional unauthorized occupants at any time during the stay. No party, dinner or gathering exceeding the number of registered occupants is permitted without prior agreement. Any false declaration will result in the immediate charging of the excess persons and/or the obligation to vacate the property without refund. The property may not be used for any illegal purpose.

Payment Terms

The deposit is payable upon booking. The balance must be paid in full 30 days before arrival. Failure to meet either of these deadlines may result in the automatic cancellation of the booking. All advance payments are held in escrow by the property manager. All charges related to payment are borne by the Tenant.

Payment Methods

Payments are to be made to Aqua Resort B.V., which accepts bank transfer and credit card.

Visa and Passport

The Tenant is solely responsible for the validity of their travel documents and visas. Ensure that your passport will not expire before or during your stay, and check with the embassy regarding the visas required. Aqua Resort B.V. is not in a position to advise clients on the visas required. No refund will be granted in the event of refusal of entry into the territory.

Additional Charges

All charges beyond the prepaid rent — additional nights, extra cleaning, provisioning, equipment rental (extra beds, cribs, etc.) — are billed directly by the property, unless prepaid in advance to Aqua Resort B.V. The latter is not responsible for charges incurred during the stay, except where prepaid.

Cancellations / Transfers / Substitutions

For any cancellation more than 30 days before arrival, 50% of the gross rental amount is retained. For a cancellation 30 days or less before arrival, 100% of the gross amount is retained. Given the strict nature of this policy, Aqua Resort B.V. strongly recommends taking out travel insurance. No-shows, late arrivals and early departures give rise to no refund.

If, at the time of taking possession, the property cannot be provided in a habitable condition, Aqua Resort B.V. will assist the Tenant in obtaining a substitute property of equivalent or higher standing. If no acceptable property is offered, the manager/owner will refund the sums paid, the responsibility for the refund lying with the manager required to hold the funds in escrow. Under no circumstances may Aqua Resort B.V. be held liable for refunds or for indirect damages.

Locked Areas

Storage rooms, rooms and closets locked and for which no key is provided to the Tenant are reserved for the owner and excluded from the rental. Any break-in results in immediate termination and the charging of damages or missing items.

Lost, Stolen or Abandoned Items

Most accommodations are equipped with a safe. Neither Aqua Resort B.V., nor the owner, nor the manager can be held liable for lost, stolen or abandoned items. Clients are advised to secure their valuables.

Maintenance, Damage, Services and Cleaning

All standard charges (excluding telephone communications) are included in the price, unless otherwise stated. Unless reported on the day of arrival, any damage or cleanliness issue noted during the stay is the responsibility of the Tenant. The Tenant undertakes to report any damage immediately and to pay the cleaning or replacement costs related to their occupancy, excluding normal wear and tear. No refund will be granted for unforeseen breakdowns (electricity, internet, water, air conditioning, pool filtration, appliances, television, etc.). In the event of a prolonged breakdown rendering the accommodation uninhabitable, Aqua Resort B.V. will endeavor, together with the manager, to find equivalent accommodation. The manager, the owner or their representatives have the right to access the property during the stay for maintenance, inspection, repairs or a viewing with a view to a sale.

Liability

The Tenant undertakes to indemnify and hold harmless the owners, the management, the agency and/or Aqua Resort B.V. from any claim related to the use or occupancy of the property, including for personal injury, loss of personal effects or theft. The Tenant is responsible for the property during their occupancy and must lock doors and windows. The use of swimming pools involves risks (from infections to drowning); particular vigilance is required for children. The Tenant uses them at their own risk.

Security Deposit

A security deposit of $500 is required for most accommodations, unless otherwise stated, payable on the booking date. In the event of damage, breakage, missing keys, additional cleaning or missing items, Aqua Resort B.V. will notify the Tenant of the claims. For any claim exceeding the deposit, the Tenant pays the manager/owner directly. Aqua Resort B.V. requires that clients have insurance covering excessive damage.

Evacuations

In the event of a mandatory evacuation order, the Tenant shall comply with it and receive a refund for each night not occupied as a result of that order. In the event of a hurricane warning during the stay, the client may cancel with a refund of the unused nights.

Smoking

Smoking inside the accommodations is prohibited.

Pets

No pets are allowed without prior agreement and registration. Any animal found on the premises will incur additional charges and may justify immediate eviction with forfeiture of the rent and deposit. Pets must comply with the quarantine and vaccination requirements of the destination.

Termination

In the event of a breach of this agreement, Aqua Resort B.V. and/or the manager may terminate the rental without refund and proceed with the eviction of the Tenant and their belongings. The Tenant is subject to expedited eviction in the event of holding over after the expiry date, serious breach, non-payment, or obtaining the property by fraud.

Rates and Printing Errors

The information relating to each property is updated continuously. Aqua Resort B.V. is not responsible for errors or omissions. Rates and details are subject to change without notice. The furniture belongs to the property; neither the owner nor Aqua Resort B.V. is required to provide additional equipment. Moving the furniture or removing items is prohibited.

This agreement is governed by the law of Sint Maarten. The Tenant agrees that any action shall be brought before the court of Sint Maarten in Philipsburg. The Tenant’s acceptance, by ticking the box provided, constitutes a binding and enforceable contract.