Booking Agreement
This Guest Booking Agreement ("Agreement") is entered into between Aruba Family Villas VBA ("Host") and the individual identified as the primary guest in the Reservation Confirmation ("Guest").
The property identified in the Reservation Confirmation is referred to in this Agreement as the "Property".
By making a reservation, submitting payment, electronically accepting this Agreement, or occupying the Property, Guest acknowledges having read, understood, and agreed to be bound by the terms of this Agreement and the Property Rules made available by the Host.
Guest further agrees that all occupants and visitors associated with the reservation shall comply with this Agreement, the Property Rules, and all applicable laws and regulations. Guest shall remain fully responsible for the conduct of all occupants and visitors during the reservation period.
ARTICLE 1
RESERVATION DETAILS
1.1 The reservation details, including the Property, reservation dates, occupancy limits, rental charges, applicable taxes, fees, security deposit requirements, and any additional services selected by the Guest, are set forth in the Reservation Confirmation and form an integral part of this Agreement.
1.2 The reservation grants Guest a limited, personal, non-transferable, and revocable license to occupy the Property solely for vacation and recreational purposes during the reserved stay.
1.3 No lease, tenancy, possessory right, or other property interest is created by this Agreement.
ARTICLE 2
PAYMENT TERMS
2.1 To secure a reservation, Guest shall pay a non-refundable reservation deposit equal to ten percent (10%) of the total booking amount at the time of booking.
2.2 If the reservation is made more than one hundred twenty (120) days prior to the scheduled check-in date, an additional payment equal to forty percent (40%) of the total booking amount shall be due one hundred twenty (120) days prior to the scheduled check-in date.
2.3 If the reservation is made one hundred twenty (120) days or fewer prior to the scheduled check-in date, all amounts that would otherwise have become due before the booking date shall be due immediately upon booking.
2.4 The remaining balance, together with any approved additions, modifications, fees, or charges relating to the reservation, shall be due sixty (60) days prior to the scheduled check-in date.
2.5 If the reservation is made sixty (60) days or fewer prior to the scheduled check-in date, the entire booking amount, together with any applicable fees and charges known at the time of booking, shall be due immediately upon booking.
2.6 Failure to make any payment when due shall constitute a material breach of this Agreement and may result in cancellation of the reservation without further notice.
2.7 The Host reserves the right to retain all amounts that have become non-refundable under Article 3.
2.8 Guest shall not be entitled to check in to the Property unless all amounts due have been paid in full and any required identification, verification procedures, waivers, registration documents, or other pre-arrival requirements have been completed to the Host's satisfaction.
ARTICLE 3
CANCELLATION POLICY
3.1 The reservation deposit equal to ten percent (10%) of the total booking amount is non-refundable at all times, regardless of the booking date, cancellation date, reason for cancellation, or length of time between booking and the scheduled check-in date.
3.2 If Guest cancels the reservation one hundred twenty-one (121) or more days prior to the scheduled check-in date, ninety percent (90%) of the total booking amount shall be refunded.
3.3 If Guest cancels the reservation between one hundred twenty (120) and sixty-one (61) days prior to the scheduled check-in date, fifty percent (50%) of the total booking amount shall be refunded.
3.4 If Guest cancels the reservation sixty (60) days or fewer prior to the scheduled check-in date, no refund shall be issued.
3.5 No refund, credit, or adjustment shall be issued in the event of a no-show, early departure, unused nights, delayed arrival, missed transportation, travel disruption, illness, personal emergency, change in travel plans, or voluntary shortening of the stay.
3.6 Refunds shall be calculated by reference to the total booking amount and not merely the amounts paid by Guest as of the cancellation date.
3.7 Approved refunds shall be processed to the original payment method unless otherwise agreed by the Host.
3.8 Guest acknowledges that travel involves risks outside the control of the Host, including weather events, flight disruptions, illness, family emergencies, and other unforeseen circumstances.
3.9 Guest is strongly encouraged to obtain comprehensive travel insurance covering trip cancellation, interruption, medical issues, weather-related events, and other risks that may affect the reservation.
3.10 The cancellation policy stated in this Article shall apply unless a different cancellation policy is expressly stated in the Reservation Confirmation or required by the terms of a third-party booking platform through which the reservation was made.
ARTICLE 4
RESERVATION MODIFICATIONS
4.1 Subject to availability, Guest may request one change to the reservation dates provided such request is received no later than thirty-one (31) days prior to the scheduled check-in date.
4.2 Any approved reservation modification shall be subject to the Reservation Modification Fee established by the Host for the applicable Property.
4.3 If a reservation modification is approved and the total booking amount applicable to the new reservation dates exceeds the total booking amount of the original reservation, Guest shall pay the difference before the modification becomes effective.
4.4 If the total booking amount applicable to the new reservation dates is lower than the total booking amount of the original reservation, no refund, credit, or adjustment shall be provided.
4.5 For purposes of determining cancellation rights and refund eligibility, the original reservation date shall remain controlling notwithstanding any approved modification.
ARTICLE 5
SECURITY DEPOSIT AND CREDIT CARD AUTHORIZATION
5.1 Guest shall provide a valid major credit card in the name of the primary Guest. The Host may require presentation of a valid government-issued photo identification matching the credit card and reservation details prior to check-in.
5.2 The Host may require a security deposit, credit card authorization hold, or additional security authorization as a condition of booking, prior to check-in, or during the reservation where reasonably necessary to protect the Property or secure Guest's obligations under this Agreement.
5.3 Guest authorizes the Host to charge the credit card on file, or any payment method provided in connection with the reservation, for any unpaid amounts arising under this Agreement, including but not limited to property damage, missing items, excessive cleaning, unauthorized occupancy, smoking violations, unauthorized events, late departures, fines, penalties, chargeback costs, costs arising from Guest's breach of this Agreement, and any other amounts due and payable under this Agreement.
5.4 Where reasonably practicable, the Host shall provide written notice of any charge together with supporting documentation before processing such charge.
5.5 The security deposit or credit card authorization shall not limit Guest's liability.
5.6 Guest remains fully responsible for all damages, losses, costs, expenses, and liabilities arising from the acts or omissions of Guest or any member of Guest's party.
5.7 Any amount due and payable under this Agreement that remains unpaid after written demand shall accrue interest at the maximum rate permitted under applicable Aruban law until paid in full.
ARTICLE 6
DEFAULT AND EARLY TERMINATION
6.1 Guest shall ensure that all occupants and visitors comply with this Agreement, the Property Rules, and all applicable laws and regulations.
6.2 Any material violation of this Agreement, the Property Rules, or applicable law by Guest, an occupant, or a visitor may constitute grounds for immediate termination of the reservation and removal from the Property.
6.3 Material violations include, without limitation, unauthorized parties or events, exceeding occupancy limits, unlawful conduct, intentional property damage, threatening or abusive behavior, excessive disturbance of neighbors, unauthorized commercial activities, or any conduct that creates a risk to persons, property, or the Host's reputation.
6.4 In the event of termination for a material violation, Guest shall immediately vacate the Property upon demand.
6.5 In the event of termination arising from a material breach of this Agreement, the Property Rules, or applicable law by Guest, any occupant, or any visitor, Guest shall not be entitled to any refund, credit, or adjustment of any amounts paid under the reservation.
6.6 Guest shall remain liable for the full reservation amount and for all damages, losses, costs, expenses, fines, penalties, assessments, cleaning expenses, repair costs, remediation costs, relocation expenses, administrative expenses, collection costs, reasonable attorneys' fees, and any other amounts reasonably incurred by the Host as a result of the breach, to the fullest extent permitted by law.
ARTICLE 7
BOOKING CONFIRMATION, PRE-ARRIVAL REQUIREMENTS AND CHECK-IN ELIGIBILITY
7.1 Upon completion of a reservation, the Host shall provide Guest with a Reservation Confirmation setting forth the material details of the booking.
7.2 Check-in instructions shall generally be provided no later than three (3) days prior to arrival, provided all pre-arrival requirements have been satisfied.
7.3 Certain Properties may require the execution of additional waivers, acknowledgements, registration forms, amenity agreements, or other documents relating to amenities, recreational activities, concierge services, or Property-specific facilities.
7.4 Guest agrees to execute any documents reasonably required by the Host prior to arrival.
7.5 Failure to complete any required waiver, registration document, identity verification procedure, or other pre-arrival requirement within the time specified by the Host may result in cancellation of the reservation. Any such cancellation shall be governed by Article 3.
7.6 As a condition of check-in, Guest shall:
(a) pay all amounts due under the reservation;
(b) complete any required identity verification procedures;
(c) provide information reasonably requested by the Host for security, registration, or regulatory purposes;
(d) execute any required waivers, acknowledgements, or amenity-related documentation;
(e) satisfy any other reasonable pre-arrival requirements communicated by the Host.
7.7 The Host reserves the right to refuse service to, deny access to, or cancel any reservation where Guest fails to provide requested information, complete required identity verification procedures, execute required waivers or acknowledgements, or otherwise satisfy the Host's reasonable security, screening, or verification requirements. Any such cancellation shall be treated as a cancellation by Guest and shall be subject to the cancellation provisions set forth in Article 3.
ARTICLE 8
GUEST REGISTRATION, OCCUPANCY AND VISITORS
8.1 Only the Guest and persons included in the reservation may occupy the Property during the reservation period, except for visitors expressly permitted under this Agreement or approved by the Host.
8.2 The maximum occupancy of the Property shall be the occupancy limit stated in the Reservation Confirmation.
8.3 Occupancy limits may not be exceeded without the Host's prior written approval.
8.4 Guest shall provide accurate information regarding all occupants upon request and shall promptly notify the Host of any changes to the guest list.
8.5 Visitors not included in the reservation may be subject to additional conditions, fees, restrictions, or approval requirements established by the Host.
8.6 Unauthorized occupants or visitors shall constitute a material breach of this Agreement and may result in additional charges, termination of the reservation, or both.
8.7 Guest shall remain fully responsible for the conduct of all occupants and visitors at the Property.
8.8 If more than one person is identified as a Guest under the reservation, each such Guest shall be jointly and severally liable for the full performance of all obligations arising under this Agreement.
ARTICLE 9
EVENTS, PARTIES AND PROHIBITED USES
9.1 The Property is intended exclusively for private vacation use.
9.2 Parties, receptions, weddings, commercial activities, photo shoots, filming activities, promotional events, corporate gatherings, or similar activities are prohibited unless expressly authorized in writing by the Host.
9.3 The manufacture, possession, distribution, sale, trafficking, or use of illegal drugs or controlled substances, prostitution, gambling prohibited by law, and any other unlawful activity at or relating to the Property are strictly prohibited at all times and shall constitute a material breach of this Agreement.
9.4 The Host reserves the right to terminate the reservation immediately where unauthorized events, prohibited activities, unlawful conduct, or other material violations of this Article occur.
9.5 In the event of termination under this Article, Guest shall not be entitled to any refund, credit, or adjustment of amounts paid and shall remain liable for the full reservation amount, together with any damages, fines, penalties, assessments, additional cleaning expenses, security expenses, legal expenses, relocation costs, lost revenue, and any other losses incurred by the Host as a result of the violation.
9.6 The Host may report any suspected unlawful activity to law enforcement authorities and cooperate fully with any investigation or enforcement action. Guest shall have no claim against the Host arising from any such report made in good faith.
ARTICLE 10
PROPERTY RULES AND GUEST CONDUCT
10.1 Guest agrees to comply with all Property Rules provided by the Host before or during the stay.
10.2 The Property Rules form an integral part of this Agreement.
10.3 Guest shall comply with all applicable laws, regulations, governmental requirements, and community rules during the reservation period.
10.4 Guest shall not engage in any unlawful activity at the Property nor permit any occupant or visitor to do so.
10.5 Guest shall not create excessive noise, nuisance, disturbance, hazardous conditions, or conduct likely to interfere with the comfort, safety, privacy, or enjoyment of neighboring properties.
10.6 Guest shall not damage, alter, remove, misuse, or interfere with any part of the Property, its furnishings, equipment, landscaping, security systems, or amenities.
10.7 Any fines, penalties, assessments, damages, or charges imposed upon the Host as a result of Guest's conduct shall be reimbursed by Guest upon demand.
10.8 Guest shall not damage, remove, disturb, destroy, or otherwise interfere with any landscaping, vegetation, wildlife, marine life, coral formations, dunes, or other environmental features located on or adjacent to the Property.
ARTICLE 11
CHECK-IN, CHECK-OUT AND HOLDOVER
11.1 Check-in and check-out times shall be those stated in the Reservation Confirmation unless otherwise approved by the Host in writing.
11.2 Requests for early check-in or late check-out are subject to availability and may be subject to additional charges.
11.3 Guest shall vacate the Property no later than the designated check-out time and shall leave the Property in substantially the same condition in which it was received, ordinary wear and tear excepted.
11.4 If Guest remains in possession of the Property after the approved check-out time without the Host's written consent, Guest shall immediately lose any right to occupy the Property and may be required to vacate the Property in accordance with applicable law. Guest shall be liable for additional occupancy charges, lost revenue, relocation costs for displaced guests, legal expenses, and any other damages incurred by the Host as a result of such unauthorized occupancy. The Host may charge such amounts to the payment method on file.
11.5 The Host reserves all rights available under applicable law to recover possession of the Property and remove unauthorized occupants. To the extent permitted by applicable law, and following lawful recovery of possession, the Host may remove and store any personal property left at the Property by Guest. Any reasonable costs associated with the removal, storage, transportation, or disposal of such property may be charged to Guest. The Host shall not be liable for loss of or damage to such property except to the extent caused by the Host's gross negligence or willful misconduct.
11.6 Upon departure, Guest shall return all keys, access devices, gate controls, parking passes, and similar items provided by the Host, remove all personal property from the Property, vacate all parking or storage areas associated with the reservation, and surrender the Property in accordance with this Agreement. Guest shall be responsible for any costs, damages, losses, storage charges, replacement costs, cleaning charges, removal expenses, or other expenses reasonably incurred by the Host as a result of Guest's failure to comply with this Article.
ARTICLE 12
ADDITIONAL SERVICES, UTILITIES AND INCIDENTAL CHARGES
12.1 Guest shall be responsible for all amounts associated with the reservation, including accommodation charges, taxes, cleaning fees, approved add-on services, utility surcharges, damage charges, and any other amounts arising under this Agreement.
12.2 Any additional services requested by Guest after confirmation of the reservation, including concierge services, transportation arrangements, grocery stocking, chef services, housekeeping services, equipment rentals, pool heating, or similar services, may be charged separately and shall become part of the reservation balance.
12.3 For stays of less than thirty (30) consecutive days, ordinary utility consumption is included in the reservation price.
12.4 Excessive utility consumption, excessive air-conditioning usage, excessive water consumption, pool heating charges, or other extraordinary usage may be charged separately where disclosed in the Reservation Confirmation, Property Rules, or supplemental service agreement.
12.5 Guest authorizes the Host to charge the payment method on file for all amounts properly due under this Agreement.
12.6 The Property shall be delivered in a professionally cleaned condition. Daily housekeeping services are not included unless expressly stated in the Reservation Confirmation. Additional housekeeping or mid-stay cleaning services may be available upon request and may be subject to additional charges.
ARTICLE 13
PROPERTY CONDITION, DAMAGE AND MAINTENANCE
13.1 The Property shall be deemed accepted by Guest upon check-in unless Guest reports any material defect, damage, missing item, or maintenance issue within six (6) hours of arrival.
13.2 Failure to report a pre-existing defect within the foregoing period may create a rebuttable presumption that the defect, damage, or missing item occurred during Guest's occupancy of the Property.
13.3 Guest shall promptly notify the Host of any damage, malfunction, safety concern, maintenance issue, or condition requiring attention that arises during the stay. Guest may be held responsible for additional damage or loss resulting from Guest's failure to promptly report a known defect, malfunction, maintenance issue, or damage affecting the Property.
13.4 Guest shall maintain the Property, furnishings, fixtures, equipment, appliances, and amenities in a clean, safe, and orderly condition and shall exercise reasonable care in the use thereof.
13.5 Guest shall be responsible for any damage, loss, theft, excessive wear, missing items, extraordinary cleaning, pest remediation, smoke remediation, waste removal, or other costs resulting from the acts or omissions of Guest, any occupant, or any visitor attending the Property with Guest's permission.
13.6 The Host and its authorized representatives may enter the Property upon reasonable notice for inspection, maintenance, repairs, improvements, housekeeping, safety concerns, verification of compliance with this Agreement, or other legitimate operational purposes. Immediate entry may occur without prior notice in the event of an emergency, suspected violation of this Agreement, safety concern, or circumstance requiring urgent action.
13.7 Following Guest's departure, the Host may conduct a post-departure inspection of the Property. Damage, missing items, extraordinary cleaning requirements, unauthorized alterations, rule violations, or other losses identified during such inspection may be charged to Guest together with reasonable supporting documentation.
13.8 Guest shall reimburse the Host for the reasonable costs of repair, replacement, restoration, cleaning, administration, transportation, professional services, lost revenue, and any associated losses arising from damage or breach of this Agreement.
13.9 Guest shall remain responsible for all damage, loss, repair costs, replacement costs, remediation costs, cleaning costs, administrative expenses, and other amounts arising from the acts or omissions of Guest, any occupant, or any visitor, whether discovered before, during, or after the reservation period. Guest authorizes the Host to charge any such amounts to the credit card on file or any payment method provided in connection with the reservation, subject to Article 5.
13.10 The Host shall use reasonable efforts to maintain the Property and address reported maintenance issues during the stay.
13.11 Temporary interruptions, maintenance issues, utility disruptions, internet outages, equipment malfunctions, or similar inconveniences shall not entitle Guest to cancellation, refund, rent reduction, or compensation except where required by applicable law.
13.12 The standard cleaning fee included in the reservation covers ordinary departure cleaning only. Guest shall be responsible for any extraordinary cleaning, remediation, waste removal, smoke removal, stain removal, biohazard cleanup, pest treatment, or other cleaning services required as a result of Guest's occupancy of the Property.
ARTICLE 14
POOLS, WATER FEATURES AND AMENITIES
14.1 Guest acknowledges that the use of swimming pools, spas, fitness equipment, bicycles, recreational equipment, water features, balconies, stairways, and other amenities involves inherent risks.
14.2 Guest accepts responsibility for the safe use of all amenities by Guest and all occupants and visitors associated with the reservation.
14.3 Children shall be supervised by a responsible adult at all times.
14.4 Guest shall comply with all safety instructions, warnings, signage, and amenity rules provided by the Host.
14.5 Guest acknowledges the inherent risks associated with the use of swimming pools, spas, fitness equipment, bicycles, recreational equipment, water features, balconies, stairways, and other amenities at the Property and voluntarily assumes all risks of injury, illness, death, loss, or damage arising from such use. To the fullest extent permitted by applicable law, the Host shall not be liable for any injury, illness, death, loss, or damage arising from the use of such amenities except to the extent caused by the Host's gross negligence or willful misconduct.
14.6 The Host reserves the right to require separate waivers or acknowledgements relating to specific amenities, activities, or services.
ARTICLE 15
LIMITATION OF LIABILITY AND INDEMNIFICATION
15.1 To the fullest extent permitted by applicable law, the Host shall not be liable for loss, theft, damage to personal property, personal injury, illness, death, interruption of travel, loss of enjoyment, business loss, or consequential damages arising from Guest's occupancy of the Property, except to the extent caused by the gross negligence or willful misconduct of the Host.
15.2 Personal belongings, valuables, vehicles, cash, jewelry, passports, travel documents, electronic devices, and other personal property remain at the Property entirely at Guest's risk. Where a safe is provided at the Property, Guest is strongly encouraged to use the safe for the storage of valuables and sensitive items. The Host shall not be responsible for loss, theft, or damage to personal property except to the extent caused by the Host's gross negligence or willful misconduct.
15.3 To the fullest extent permitted by applicable law, the Host shall not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or economic damages, including loss of profits, loss of business opportunity, loss of enjoyment, emotional distress, or similar damages arising out of or relating to this Agreement, the Property, or the Guest's occupancy or use of the Property, whether such claim is based on contract, tort, negligence, strict liability, statutory liability, or any other legal or equitable theory.
15.4 Guest shall indemnify, defend, and hold harmless the Host, the Property owner, their affiliated entities, shareholders, and their respective directors, officers, employees, contractors, agents, representatives, successors, and assigns from and against any and all third-party claims, demands, actions, liabilities, damages, judgments, losses, costs, expenses, fines, penalties, assessments, and reasonable attorneys' fees, as well as any direct losses, damages, costs, or expenses incurred by the Host, arising out of or relating to:
(a) the acts or omissions of Guest, any occupant, or any visitor;
(b) Guest's use, occupancy, or enjoyment of the Property;
(c) any violation of this Agreement, the Property Rules, applicable laws, regulations, homeowners' association rules, condominium rules, or community regulations by Guest, any occupant, or any visitor;
(d) any damage to the Property, its contents, furnishings, equipment, amenities, landscaping, or surrounding areas caused by Guest, any occupant, or any visitor; and
(e) any injury, illness, death, loss, or damage suffered by any person arising from Guest's use or occupancy of the Property.
15.5 Guest shall reimburse the Host upon demand for all losses, damages, costs, expenses, fines, penalties, assessments, charges, repair costs, cleaning costs, remediation costs, administrative costs, collection costs, and reasonable attorneys' fees arising from Guest's breach of this Agreement, violation of the Property Rules, damage to the Property, or the acts or omissions of Guest, any occupant, or any visitor.
15.6 The obligations contained in this Article shall survive the expiration, cancellation, termination, or completion of the reservation.
ARTICLE 16
FORCE MAJEURE AND TRAVEL DISRUPTIONS
16.1 The Host shall not be liable for any delay, interruption, cancellation, inaccessibility, or inability to perform arising from circumstances beyond its reasonable control.
16.2 Such circumstances include, without limitation, hurricanes, tropical storms, flooding, earthquakes, natural disasters, utility interruptions, internet outages, transportation disruptions, airline cancellations, governmental actions, travel restrictions, quarantines, public health emergencies, epidemics, pandemics, labor disputes, civil unrest, acts of terrorism, war, supply shortages, environmental conditions, nearby construction activities, neighborhood disturbances, personal emergencies of Guest, and any other event, circumstance, condition, or occurrence beyond the Host's reasonable control. The foregoing list is illustrative only and shall not be construed as limiting the scope of this Article.
16.3 Guest acknowledges that travel inherently involves risks beyond the Host's control and agrees that such events shall not give rise to any right of refund, compensation, damages, or cancellation rights beyond those expressly provided in this Agreement.
16.4 Guest is strongly encouraged to obtain comprehensive travel insurance covering cancellation, interruption, medical emergencies, weather-related events, and other unforeseen circumstances.
ARTICLE 17
SECURITY, PRIVACY AND MONITORING
17.1 The Property may utilize security measures including exterior security cameras, alarm systems, access-control systems, gate systems, and noise monitoring devices designed to protect the Property, guests, neighboring properties, and the surrounding community.
17.2 No surveillance device shall be installed within bedrooms, bathrooms, or other private interior living areas.
17.3 Guest acknowledges and consents to the use of such security measures during the reservation period.
17.4 Guest shall not disable, obstruct, tamper with, disconnect, remove, or otherwise interfere with any security, monitoring, safety, or access-control equipment located at the Property.
17.5 Any violation of this Article shall constitute a material breach of this Agreement.
17.6 Guest acknowledges that noise monitoring devices, where installed, measure noise levels only and do not record or transmit conversations or audio content.
ARTICLE 18
SMOKING, ILLEGAL SUBSTANCES AND HAZARDOUS ACTIVITIES
18.1 Smoking and vaping are prohibited inside the Property unless expressly authorized in writing by the Host.
18.2 Guest shall be responsible for all remediation, cleaning, deodorization, repair, replacement, loss of revenue, and related costs arising from any violation of this Article.
18.3 The possession, use, manufacture, distribution, sale, or trafficking of illegal drugs or controlled substances at or relating to the Property is strictly prohibited.
18.4 Guest shall not engage in any activity involving hazardous materials, fireworks, explosives, dangerous substances, or unlawful conduct at the Property.
18.5 Any violation of this Article shall constitute a material breach of this Agreement and may result in immediate termination of the reservation. In such event, Guest shall not be entitled to any refund, credit, or adjustment of amounts paid and shall remain liable for the full reservation amount together with any damages, losses, costs, expenses, fines, penalties, assessments, remediation costs, legal expenses, and other amounts incurred by the Host as a result of the violation.
ARTICLE 19
CHARGEBACKS AND PAYMENT DISPUTES
19.1 Guest acknowledges that all charges arising under this Agreement are authorized and contractually due.
19.2 Guest agrees to make a good-faith effort to resolve any billing dispute directly with the Host before initiating a chargeback, payment reversal, or similar dispute with a credit card company, bank, payment processor, or financial institution.
19.3 Nothing in this Agreement shall restrict Guest's legal right to dispute a fraudulent or unauthorized transaction.
19.4 Where a chargeback, payment reversal, or payment dispute is initiated concerning amounts validly owed under this Agreement, the Host reserves the right to pursue recovery of the disputed amount together with any associated fees, administrative expenses, collection costs, and reasonable attorneys' fees to the extent permitted by law.
19.5 Guest shall be responsible for all reasonable costs incurred by the Host in connection with payment disputes, failed payments, chargebacks, payment reversals, collections, or recovery efforts, including credit card processing fees, payment processor fees, chargeback fees, bank charges, wire transfer fees, currency conversion costs, administrative expenses, collection costs, and reasonable attorneys' fees, to the fullest extent permitted by applicable law.
ARTICLE 20
ELECTRONIC COMMUNICATIONS AND NOTICES
20.1 Guest acknowledges and agrees that the Host may communicate with Guest through email, text message, the Host's booking platform, property management system, guest portal, or other electronic means provided by Guest.
20.2 Any notice, instruction, approval, warning, request, demand, Property Rule, check-in instruction, payment reminder, violation notice, or other communication transmitted by the Host using the contact information provided by Guest shall be deemed received when transmitted to the contact information provided by Guest.
20.3 Guest is responsible for ensuring that all contact information provided to the Host remains accurate and current throughout the reservation period.
20.4 The Host shall not be responsible for any consequences arising from Guest's failure to receive communications due to inaccurate contact information, spam filters, technical failures, or Guest's failure to monitor communications.
ARTICLE 21
GUEST REPRESENTATIONS AND ACKNOWLEDGEMENTS
21.1 Guest represents and warrants that Guest is at least twenty-one (21) years of age and possesses the legal authority to enter into this Agreement.
21.2 Guest represents that all information provided in connection with the reservation is accurate and complete.
21.3 Guest acknowledges that Guest has reviewed the Property description, photographs, amenities, occupancy limits, Property Rules, and reservation details prior to booking.
21.4 Guest acknowledges that the Property is a privately owned vacation rental and not a hotel.
21.5 Guest acknowledges that natural conditions, wildlife, insects, tropical weather conditions, utility interruptions, internet interruptions, environmental conditions, construction activities in the surrounding area, and other conditions commonly associated with a Caribbean island destination may occur and do not constitute a defect in the Property. Except where required by applicable law, such conditions shall not entitle Guest to any refund, partial refund, rent reduction, credit, cancellation without penalty, compensation, or other claim against the Host.
21.6 Guest acknowledges having had an opportunity to review this Agreement prior to booking and agrees that the reservation was made in reliance upon Guest's own evaluation of the Property and the information provided by the Host.
21.7 In exceptional circumstances, the Host reserves the right to substitute the Property with an alternative accommodation. Such circumstances may include, without limitation, property damage, maintenance issues, safety concerns, utility failures, force majeure events, owner-related restrictions, legal or regulatory requirements, overbooking caused by circumstances beyond the Host's reasonable control, or any other circumstance that renders the Property unavailable or unsuitable for occupancy.
21.8 Where reasonably possible, the Host shall provide accommodation of a comparable or higher standard. If no comparable accommodation is reasonably available, the Host may cancel the reservation and refund all amounts paid for the unavailable portion of the stay, which shall constitute Guest's sole and exclusive remedy. The substitution of accommodations pursuant to this Article shall not give rise to any claim for additional compensation, damages, or other liability on the part of the Host.
ARTICLE 22
GOVERNING LAW AND GENERAL PROVISIONS
22.1 This Agreement shall be governed solely by and construed in accordance with the laws of Aruba.
22.2 Any dispute arising out of or relating to this Agreement shall be submitted exclusively to the competent courts of Aruba.
22.3 If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The parties agree that any such provision shall be deemed modified to the minimum extent necessary to render it valid and enforceable while preserving, as nearly as possible, its original intent and economic effect.
22.4 This Agreement, together with the Reservation Confirmation, Property Rules, Privacy Policy, and any documents expressly incorporated herein, constitutes the entire agreement between the parties and supersedes all prior discussions, representations, or understandings relating to the reservation.
22.5 The Host may assign this Agreement to an affiliated entity, successor, purchaser of the Property, or other successor in interest without Guest's consent.
22.6 Electronic signatures, electronic acceptance, and electronic communications shall have the same force and effect as original written signatures.
22.7 By completing the reservation, making payment, electronically accepting this Agreement, or occupying the Property, Guest acknowledges having read, understood, and agreed to be bound by the terms of this Agreement.
ARTICLE 23
INCORPORATED DOCUMENTS
23.1 The Reservation Confirmation, Property Rules, any Property-specific requirements, amenity waivers, acknowledgements, releases, supplemental agreements, the Host's Privacy Policy, and any other documents expressly incorporated by reference into this Agreement form an integral part of this Agreement.
23.2 Guest acknowledges receipt of, or access to, the documents identified in Article 23.1 and agrees to comply with all applicable requirements contained therein.
23.3 Guest shall ensure that all occupants and visitors comply with any applicable Property Rules, safety requirements, check-in instructions, amenity requirements, and other policies communicated by the Host.
23.4 In the event of a conflict between this Agreement and any incorporated document, the terms of this Agreement shall prevail unless the incorporated document expressly states otherwise.
23.5 The Host reserves the right to amend, update, supplement, or replace operational procedures, Property Rules, safety requirements, check-in instructions, amenity requirements, security procedures, and Property-specific requirements from time to time where reasonably necessary for operational, safety, security, regulatory, maintenance, or property-management purposes, provided that such changes do not materially alter the Guest's payment obligations, cancellation rights, refund rights, or other fundamental contractual terms contained in this Agreement.
23.6 Any violation of an incorporated document shall constitute a violation of this Agreement and may result in the remedies available to the Host under this Agreement.
GUEST ACKNOWLEDGEMENT AND ACCEPTANCE
By making a reservation, submitting payment, electronically accepting this Agreement, or occupying the Property, Guest acknowledges and agrees that:
(a) Guest has read and understood this Agreement;
(b) Guest has had the opportunity to review the Reservation Confirmation, Property Rules, and all other documents incorporated into this Agreement;
(c) Guest agrees to be bound by this Agreement and all documents incorporated herein;
(d) Guest accepts responsibility for all occupants and visitors associated with the reservation;
(e) Guest understands and accepts the payment, cancellation, modification, liability, indemnification, and damage provisions contained in this Agreement.