About Casa Encima

This Vacation Rental Agreement (“Agreement”) is for the rental of the vacation rental property specified in a confirmed reservation (the “Property»).

This Agreement is between:

(1) Special Places of Costa Rica (“SPCR”), acting on behalf of itself and the owner of the Property («Owner»), and

(2) The Renter («You»), the responsible party for the rental of the Property.

By booking the Property rental through SPCR, you acknowledge that you have read, understood, and agreed to be bound by all the terms, conditions, and policies presented in this Agreement, including any additional terms that may apply to specific properties or booking channels (collectively, the “Terms»).

Unit-Specific Terms: Certain jurisdictions, resorts, and specific homes may require additional terms and conditions (“Unit-Specific Terms»). You will be notified of any applicable Unit-Specific Terms during the reservation process for the Property. In case of any inconsistencies between the Unit-Specific Terms and the general Terms in this Agreement, the provisions of the Unit-Specific Terms will take precedence.

Channel Terms: If you are making a booking through a third-party marketing channel, your reservation may be subject to that channel’s terms and conditions (“Channel Terms»). In the event of any conflict between the Channel Terms and the general Terms in this Agreement, the provisions of the Channel Terms will prevail.

Copy of ID Document.

Special Places of Costa Rica (SPCR) requires the primary renter of each property to provide a scan, photograph, or photocopy of a government-issued identification document. Foreign nationals must provide a scan or photograph of the photo ID page of their passport. Costa Rican nationals must provide a scan or photograph of their cédula (National ID Card). Foreigners with legal residency must provide a scan or photograph of their DIMEX ID card. The provided identification documents are solely for the purpose of verifying the identity of the primary renter and ensuring the security of the rental process.

Minimum Age:

The “Minimum Age” to rent the Property is as specified in any Unit-Specific Terms. If no age is specified in the Unit-Specific Terms, the Minimum Age is either 21 years or the minimum age required by local law in the jurisdiction where the Property is located, whichever is higher. You agree to provide us with proof of your age upon our request. The responsibility of ensuring compliance with the Minimum Age requirement lies with the renting party. For guests who are below the Minimum Age, a parent or legal guardian must accompany and supervise them for the entire duration of the rental.

Responsible Renter:

As the Renter, you agree to be present at the Property for the entire rental period. All other occupants must be either family members, friends, responsible adults over the Minimum Age, or individuals accompanied by a parent or legal guardian. You further agree to assume full responsibility for your actions and those of all family members, guests, and invitees (collectively referred to as ‘Occupants’) present at the Property throughout your stay. Moreover, you are responsible for ensuring that the Property is used in a responsible and respectful manner, adhering to any local regulations, homeowners’ association rules, and the Terms outlined in this Agreement.

Good Neighbor Policy

As the Property is privately owned, all Occupants must adhere to our Good Neighbor Policy. Please treat the Property as carefully as you would your own home and leave it in the same condition you found it. To safeguard against theft or damage, kindly ensure doors and windows are securely closed and locked when you’re not at the Property and during check-out.

It’s essential to conduct yourselves respectfully and considerately throughout your stay, avoiding behavior that may disrupt neighbors, traffic, or the community. This includes refraining from activities that might prompt complaints to SPCR from law enforcement, neighbors, or homeowner associations.

Between 10 p.m. and 8 a.m., please refrain from generating noise that’s audible outside the Property. And, of course, do adhere to all applicable parking regulations and limitations.

Non-compliance with this Good Neighbor Policy may result in penalties, fines, or even eviction, so it’s important for everyone to cooperate in maintaining a harmonious environment.

Maximum Occupancy.

The number of people present at the Property may not exceed the maximum posted occupancy unless we have given you advance written permission to hold an event at the Property, in which case the number of people present at the Property may not exceed the maximum number of people authorized by SPCR.

Prohibited Behaviors.

Smoking, vaping, prostitution, and drugs are never allowed inside any property represented by SPCR. Smoking and vaping are allowed outside the home if not otherwise prohibited by Costa Rican law or the regulations of a multi-unit property. Guests who smoke are asked to close windows and doors to prevent smoke from drifting inside and to be considerate of neighbors who may find secondary smoke invasive. If we receive a complaint from a neighbor, guests must refrain from smoking on the property.

No Permanent Residence.

By renting the Property, you acknowledge and agree that your use is for temporary and transient purposes only. It is not permitted to use the Property as a permanent residence. Your permanent residence is required to be and will remain at a location other than the Property. This clause ensures that the Property is utilized as intended for vacation purposes and adheres to legal regulations.

Animals.

Animals or pets are generally not allowed at the Property, with the following exceptions:

Animals authorized in your reservation.
Bona fide service animals required by law.

Emotional support animals are not permitted, except as authorized pets. It’s important to note that the absence of animals does not guarantee the absence of animal or pet allergens in the Property. If you’re traveling with pets, there might be an extra cleaning fee and a higher security deposit to consider.

Approval for bringing pets is decided by SPCR’s discretion. To seek approval, guests need to provide details like the breed, weight, and a photo of the pet. This policy is designed to ensure the comfort and safety of all guests while maintaining the quality of the rental experience.

Events and Commercial Photography; Structures; Charcoal Grills

Events and commercial photography or filming are prohibited at the Property without our express written permission. (If approved, additional conditions and fees may apply.) No tents or other structures may be erected on the property without our express written permission. The use of charcoal grills is not permitted unless provided by the property.

Criminal Activity Prohibited.

Using the Property for any criminal activity is strictly prohibited. This includes actions that are against the law. If found engaging in criminal activities, you may face fines, legal prosecution, and immediate eviction from the Property. This policy also extends to the use of the Property’s internet service, if available. This means using the internet for illegal activities like downloading copyrighted material without permission, such as movies, music, software, or other content.

We are committed to cooperating fully with any investigation related to alleged criminal activity that occurred at the Property during your stay. We remind you to always adhere to local laws and regulations to ensure a safe and lawful environment for everyone.

Payment Terms; Fraud.

If you are paying by credit card you represent that you are the account holder or an authorized user of the account. If, for any reason, SPCR believes your payment may be refused by the card processor, SPCR may ask you for a different form of payment. Upon SPCR’s request, you will immediately provide another form of payment and adequate proof that you are the account holder or an authorized user of the account used for payment (such as a government-issued ID that matches the name on the account).

In accordance with our payment policy, 50% of the reservation needs to be paid upon reservation. The remainder 30 days prior to arrival. If the guest fails to pay on time, we have the right to cancel. If the reservation is made within 30 days of arrival, 100% payment is required.

SPCR may cancel your reservation or remove you and all Occupants from the Property immediately if you fail to provide a form of payment that can be validated by SPCR. We may share your credit card information and other information about you with law enforcement if we suspect fraud.

Consequences of Breach; Charges for Damage.

Any failure by you or any other Occupants to comply with any of the terms, conditions, or policies above is a breach of this Agreement and may result in a forfeiture of your rights to rent the Property, up to and including immediate removal from the Property without refund and with or without the assistance of law enforcement.

SPCR may terminate this Agreement for breach, and if you are notified of such termination you agree to leave the Property immediately. In addition, you are responsible for, and you authorize us to bill your credit card on file for the full amount of (1) any damage or loss that occurs at the Property during your stay; (2) a charge of up to $1,000 for violations of the pet policy, including for bringing more pets or different types of pets than specifically authorized; (3) an additional cleaning fee of up to $500 (or the actual cost of cleaning services, if greater) for violations of any of the guest policies above (other than the pet policy) or excessive cleaning required by the acts or omissions of any Occupant during your stay; and (4) any fines issued by police, other government officials or agencies, utility providers, and/or homeowner associations for violation of any law, ordinance, or rule during your stay, and any damages (which may exceed the number of fines) that result from the violation.

If any unauthorized download of illegal material via the Property’s Internet service occurs during the period of your stay, you agree that we may share your contact information with the Internet service provider or any other party we believe, for any reason, has enforcement rights.

Rental Rates.

At SPCR, rental rates vary depending on the property and length of stay. Monthly rentals (30 days or more) come with significant discounts. However, guests are responsible for their electricity consumption during the stay.

Cleaning and Cleaning Fees.

For stays of 7 days or more, once-a-week cleaning is included. A cleaning fee is charged upon reserving the property to cover cleaning after your stay. If desired, guests can request additional cleaning for a fee of $40 + 13% for 3.5 hours of cleaning. Email notifications will be sent to eligible guests regarding cleaning schedules. Please note that cleaning times are fixed, and declined cleanings won’t be rescheduled.

Insects and Wildlife.

Our properties are nestled in tropical environments, so it’s important to be mindful of insects and other animals. While we take precautions like periodic fumigation, encounters with nature are expected. Unfortunately, we cannot control wildlife. Therefore, we do not provide refunds for animal intrusions that are beyond our control. We kindly remind guests to be aware of the tropical surroundings and embrace the unique experience it offers.

Alarms, Locks and Safes.

All security functions at the house will be explained to guests. (1) Alarm must be set at all times when leaving the property, or the “stay” function must be used to arm the perimeter at night. (2) Safes must be used to store valuables. (3) When leaving the property or at night, guests must lock all doors and windows. Failure to comply can result in warnings, but if items go missing because security measures weren’t followed, no compensation will be provided.

Terraces, Pool, Beach and Patios.

Guests must acknowledge that the terrace, beach, pool, or patio areas carry inherent risks and potential dangers. It’s important to recognize that floors and stairs both inside and outside the property can become slippery when wet, posing a safety hazard. While enjoying these areas, guests should be aware that injuries may occur. By staying at the property, guests assume all risks related to both outdoor and indoor spaces.

We particularly advise parents traveling with young children to reach out to SPCR before finalizing their booking. This proactive approach ensures that potential safety concerns are addressed, promoting a secure environment for everyone. We encourage all guests to exercise vigilance and caution in these areas, ensuring an enjoyable and safe stay for themselves and their loved ones.

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Locked Areas.

Locked areas for which the tenant is not provided a key are off limits. Property owners sometimes lock up their belongings in personal storage areas, and guests must leave these alone. Any forced entry into owner’s private locked space will result in eviction, forfeiture of the rental fee, a $500 fine and any additional damages for missing items.

What We Supply.

We provide two rolls of toilet paper per bathroom, hotel-style soap, shampoo and conditioner, laundry detergent, dishwashing detergent, trash bags, and other disposable items. If you run out of any of these items during your stay, please replenish them at a local grocery store.

Owner and SPCR Not Responsible.

Neither the owner of the property nor SPCR is liable for lost, stolen, or damaged items inside or outside the property. All SPCR properties contain a safe, and we recommend that guests place valuables there. Neither the property owner nor SPCR is liable for any inconvenience or damage arising from temporary stoppages of water, gas, electricity, or plumbing, nor for weather conditions, natural disasters, or acts of God.

Damages.

The tenant is fully responsible for any damaged or destroyed property caused by the tenant or the tenant’s guests or invitees, occurring during the term of this rental or any renewal thereof. If we identify any damage or missing items, we will contact the tenant before any charge is incurred. The tenant agrees to cover the replacement costs for any missing or damaged items, plus a 20% service fee and any travel expenses. ADDITIONAL TERMS AND CONDITIONS

Cancellation Policy; No-Shows.

Cancellation policies vary per property and reservation platform. Tenants should review the cancellation policy closely on the platform where they’re booking. No full or partial refunds will be granted for no-shows. SPCR advises guests to obtain appropriate and comprehensive travel insurance that covers the Renter and all Occupants and that includes coverage for personal injury, illness or disease, and property damage or loss.

Refund Policies.

Refunds are determined by cancellation policies, and in addition, SPCR charges a 5% cancellation fee over the total booking amount or a minimum of $75 + 13%, plus any applicable merchant fees. This will be withheld from any refund on a deposit. Refunds will be processed to the credit card on file, or via wire transfer if deposit was made by wire transfer. SPCR recommends travel insurance to cover any unforeseeable contingencies.

Reservation Changes.

Reservation changes occur when a reservation for property already took place, payment has been made and dates are confirmed. (1) Changes in reservation dates are governed by the cancellation policy and the full or partial refund periods in effect. (2) Location changes (i.e., choosing a different property) are also governed by the cancellation policy and the full or partial refund periods in effect. (3) Changes in the number of guests are allowed so long as they don’t exceed the maximum number of guests allowed on the property. Reservation changes may be subject to an administrative fee of up to $100 + 13% per occurrence.

Travel Insurance.

SPCR advises guests to obtain appropriate and comprehensive travel insurance that covers the Renter and all Occupants and that includes coverage for personal injury, illness or disease, and property damage or loss, and to help protect against financial loss if you must cancel your reservation for a covered reason.

Check-in.

Our official check-in time is 3 p.m. If the property has been inspected and cleaned, early check-in can be arranged, possibly incurring additional fees. However, if a previous guest’s late check-out causes a delay in property readiness, we will ensure your check-in happens as soon as the property is prepared. It’s important to note that no compensation will be provided for such delays. For a seamless check-in experience, we recommend that you verify the specific check-in procedures prior to your arrival.

If the guest arrives early and the property is still being cleaned, SPCR will allow the guest limited access to place belongings in the property and/or put groceries in the refrigerator. At all times, the guest must contact SPCR in advance to make arrangements.

Personalized check-ins after 6 p.m. will be subject to a $20 fee. Check-ins after 9 p.m. will be subject to a $40 fee. These fees must be paid directly to the check-in agent in cash. The latest check-in time offered by SPCR is 11 p.m., although if a guest needs to arrive later, arrangements can be made and additional fees may apply.

Check-Out.

Guests are required to check out by 10 a.m. to allow SPCR ample time to prepare the property for the next guest arriving at 3 p.m. Late check-outs may result in charges of $50 + 13% per hour beyond the designated check-out time, unless a prior agreement with SPCR has been established.

It is the responsibility of guests to:

Dispose of garbage by placing it in the designated bins before check-out.
Turn off lights, air conditioning, and televisions.
Lock doors when leaving the property.
Ensure barbecue grills are left in the same condition as found; failure to do so might result in a $50 + 13% cleaning fee.

If guests need to check out during a period when SPCR’s office is closed, they must return all keys and alarm fobs by placing them in a dropbox located outside the SPCR office. To ensure a seamless check-out experience and to accommodate any special requirements, we recommend that guests coordinate any special check-out arrangements with SPCR in advance.

Maintenance or Housekeeping Issues; Property Conditions.

The Property is provided as is, and we are not responsible for the interoperability or unavailability of any amenities. You agree to contact SPCR, using the contact information provided in your confirmation email, as soon as you notice any maintenance or housekeeping problem, or any potentially hazardous condition, at the Property, or if any incident occurs at the Property that is related to such a problem or condition. You further agree to give SPCR a reasonable amount of time to respond to your report and to cooperate with SPCR’s efforts to address the concern or provide a remedy. We will take reasonable and appropriate steps to remedy any reported problem as soon as practicable. We may enter the Property at your invitation to remedy any problem you report, at reasonable times and with reasonable notice to inspect, maintain, or repair the Property, and to address any situation that we reasonably deem an emergency that threatens persons or property. No discounts or refunds are issued for any malfunctions or service requests for air conditioners, televisions, internet, hot tubs, pools, appliances, elevators, barbecue grills, etc. In addition, no refunds will be given due to area power blackouts, cable and internet interruptions, water shortages, or construction/remodeling at nearby properties. You acknowledge that if the Property has access to amenities that are shared with other properties, such as a shared pool, hot tub, parking lot, or fitness center, the availability and condition of those amenities is outside SPCR’s control. Please bring any issues to our attention and we will try to address them as soon as possible, but no refunds are offered for matters beyond our control.

Substitution of Property.

On rare occasions, due to ownership changes, properties being removed from rental use, or a need for extensive repairs or maintenance, the Property may not be available for rental on the dates of your reservation. In this unlikely event, SPCR reserves the right to substitute a comparable property. If comparable accommodations are not available, you will have the option of (1) selecting from other available properties (in which case you are responsible for, or will receive the benefit of, any difference in cost) or (2) receiving a complete refund of your reservation payment. In the event of a substitution of rental properties, all Terms in this Agreement, plus any Unit-Specific Terms specific to the substituted property, shall apply to your stay in the substituted property. For your comfort and convenience, SPCR will take proactive measures to promptly inform you in the event of a property substitution.

Acknowledgment & Disclaimer; Limitation of Liability.

FF.1. Acknowledgment & Disclaimer. You acknowledge the Property may have features, amenities, and conditions that are unfamiliar to you and other Occupants you invite to the Property. You further acknowledge that your use of the Property and its amenities may carry inherent risk, including the risk of bodily injury, illness or disease, disability, or death. For example, some Properties include natural habitats for wildlife, insects, and pests that may expose you to injury or disease; or docks, stairways, porches, ledges, cliffs, hot tubs, and other unmarked natural or manmade features, amenities, and conditions that carry an inherent risk. You agree that, by using the Property or its amenities, you voluntarily and willfully assume those risks and assume full responsibility for the choices you make before, during, and after your use of the Property and its amenities. You also acknowledge and agree that you and any other adult Occupants are solely responsible for closely supervising and protecting the health and safety of any Occupants that are minors, throughout the duration of your stay.

FF.2. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPCR AND THE OWNER EACH EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU. FF.3. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL THE OWNER OF THE PROPERTY OR SPCR, NOR THEIR AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OWNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, ILLNESS OR DISEASE, EMOTIONAL DISTRESS, OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH YOUR STAY AT THE PROPERTY. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF SPCR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Indemnity.

You agree to hold harmless and indemnify SPCR and Owner, and their respective affiliates, for and from all claims for property damage, personal injury, illness or disease, or monetary loss resulting from your actions or omissions, and the actions or omissions of other Occupants, during or relating to your stay.

Assignment.

SPCR may assign this Agreement or any of its rights, or delegate any of its duties under this Agreement, at any time without your consent.