Sample Use Agreement between ItsMyCasa and Guests

Casa Mono Congo
Manuel Antonio, Costa Rica

Use Agreement Example
US phone +1 773-472-7127•CR PHone +506 2417-3286

Casa Mono Congo Sample Use Agreement

Casa Mono Congo THIS AGREEMENT, dated _______, is by and between Inversiones Villa Los Gemelos S.A. (a Costa Rican corporation) C/O Gemini Properties 1835 N. Natoma Ave., Chicago, IL, USA 60707 United States office “Owner” —AND—__________“Clients”, for use of the entire dwelling known as Casa Mono Congo and located at the villa at the end of the first drive on the left past the Spa Uno which is located on the road in front of Hotel Villas El Parque on the main road from Quepos to Manuel Antonio National Park, Puntarenas, Costa Rica, under the following terms and conditions:

FIXED-TERM AGREEMENT—Clients agree to use this dwelling for a fixed-term of ____Nights, beginning (check- in) ________ at 2:00 PM CST and ending (check-out) _______ at 11:00 AM CST. Clients and/or occupants who do not vacate the premises by the check-out time are subject to a late check-out fee equal to one night's stay.

MONIES and FUNDS—All monies and funds in this agreement are listed in US dollars.

USE—Clients agree to the use of this dwelling for the sum of ________ payable in advance. An advance deposit of __1/2___ is payable at signing of this agreement. The final payment of __second half___ shall be made on ________ (30 days prior to occupancy).

SECURITY DEPOSIT— A security deposit in the amount of $1,000.00 will be put “on hold” on a major credit card on or before __________ (7 days prior to occupancy) and will be released by the Owner within four weeks after check-out date less any amount deducted. Charges may include, but are not limited to: expenses related to damages, late checkout, extra cleaning service, unpaid tours, activities or meals and long distance telephone charges. Additional expenses related to Clients’ negligence may also be charged to the security deposit. This authorization will extend up to 75 days after __________ (check-out) for estimates to repair damages and for late arriving telephone bills from ICE. If keys are lost or stolen, a charge of $150.00 will be charged towards this deposit to change all locks in the house.

UTILITIES—The Owner will provide hot & cold water, electric, propane, trash removal, cable or satellite TV, and local telephone usage. Clients are responsible for all international long distance calls made during usage.

DAMAGE—Clients agree to pay for repairs of all damage that the Clients, occupants or their guests have caused.

RESTRICTIONS—All smoking must be done outside. No smoking in any bedrooms or common areas. No prostitutes or paid sex workers may enter or occupy the dwelling at any time.

SAFE—The digital safes are provided for the convenience of the Clients. No bond or warranty is provided for contents put into the safes. Each time a safe is opened, a new four-digit number must be programmed in (or a magnetic-striped card—such as a credit card or ATM card—swiped across the card reader) to lock the safe. The only way to open the safe is to use the same four-digit code (or the same magnetic-striped card.) If Clients forget the four-digit code (or lose the magnetic-striped card) used to lock the safes, Clients agree to pay all costs incurred to have the safes opened. Upon checkout, Clients agree that they will leave the safes open and unlocked or as instructed by the house manager.

ACCOMMODATIONS—Four european-king sized beds are in four bedrooms. Owner supplies linens for bed, beach and bath. Other amenities include house manager assistance, private pool, and Monday through Saturday maid service.

MAXIMUM NUMBER OF OCCUPANTS—The house is to be occupied by no more than _______ persons at a maximum. The occupants are ______Names of guests ___(with ages of those under 25)________The Owner shall be notified of any changes or additions to the occupant list no later than 30 days prior to Client’s arrival.

SUBLETTING AND ASSIGNMENT—Clients shall not sublet the entire premises or any part of the premises, nor shall they assign this Agreement to anyone else without first obtaining the Owner’s written permission. Owner shall not withhold permission unreasonably.

PETS—Clients may house no pet of any kind on the premises, even temporarily, without first obtaining Owner’s written permission. “Pets” includes, but is not limited to, both warm- and cold-blooded animals, such as dogs, cats, fish, hamsters, rats, birds, snakes, lizards, and insects. “Pets” does not include animals trained to serve the handicapped, such as seeing-eye dogs, hearing dogs, or service dogs. These animals may be housed on the premises so long as they are in the direct service of those they were trained to serve and so long as the Owner is notified in advance in writing of the circumstances.

AGREEMENT NON-COMPLIANCE—Clients assure the Owner that any Client or occupant who violates any of the terms of this Agreement shall be immediately denied occupancy and shall remedy any damages or other expenses that are caused by the Client, occupant and/or Client's guest(s).

ILLEGAL DRUGS—Clients agree that any Client or occupant who is found using illegal drugs or allows others to use illegal drugs on the premises will be immediately denied continued occupancy at these premises.

LAWFUL USE—Clients, occupants and/or their guests shall not disturb, annoy, endanger, or inconvenience neighbors, nor use the premises for any unlawful purposes, nor violate any law or ordinance, nor commit waste or nuisance on or about the premises.

HOLD HARMLESS—Clients agree to indemnify and save Owner harmless from all liability, loss or damage arising from any nuisance or harm made or suffered on the premises by the Clients, occupants and/or their guests or from any carelessness, neglect, or improper conduct of any persons entering, occupying or visiting the premises.

INSURANCE—Owner has obtained insurance to cover fire damage to the building itself and liability insurance to cover certain personal injuries occurring as a result of property defects or Owner negligence. Owner’s insurance does not cover Clients’ possessions or Clients’ negligence. Clients are responsible for their own actions and the Owner assumes no liability for Clients' improper conduct, or misuse of the facilities.

NON-WAIVER—Should either Owner or Clients waive their rights to enforce any breach of this Agreement, that waiver shall be considered temporary and not a continuing waiver of any later breach. Although Owners may know when accepting payment that Clients are violating one or more of this Agreement’s conditions, Owners in accepting payment are in no way waiving their rights to enforce the breach. Neither Owners nor Clients shall have waived their rights to enforce any breach unless they agree to a waiver in writing.

REFERENCES IN WORDING—Plural references made to the parties involved in this Agreement may also be singular, and singular references may be plural. These references also apply to Owners’ and Clients’ heirs, executors, administrators, or successors, as the case may be.

ENTIRE AGREEMENT—As written, this Agreement constitutes the entire Agreement between the Clients and Owners. They have made no further promises of any kind to one another, nor have they reached any other understandings, either verbal or written.

ATTORNEY’S FEES—If either party to this Agreement shall bring a cause or action against the other party for enforcement of the Agreement, the prevailing party shall not recover attorney’s fees. Inversiones Villa Los Gemelos, S.A., is a Costa Rican company and this Agreement is governed under the laws of Costa Rica.

TERMINATION—Either party may terminate this Agreement in the event of a violation of early provision of this Agreement by the other party in the manner and as provided by law.

CANCELLATION—In the event of cancellation of this Agreement, a refund (less $100 cancellation fee) will be made only to the extent that another Client may be found to occupy the vacated time reserved under this Agreement. CLIENTS:_______________________ OWNER: ___________________________

As I sit here at the table enjoying this stunning view - I struggle to find the words that will adequately articulate what this trip and this house have meant to our group.
Suzanne & Colleen chose this location for their honeymoon, and they asked the rest of us to join them for what has become the experience of a lifetime.
From the moment we arrived, we have been treated like royalty. Marisol, our cook, prepared a delightful meal that welcomed us to Casa Mono Congo; and every moment since has been filled with comfort, joy, excitement and wonder at the wildlife and beauty that surrounds us here.
We have explored all that the house has to offer, and this has truly been a home, as if we have been here many months, and is just a week. We have been awakened by the sound of howler monkeys and been awed and amazed by the titi and white-faced monkeys: who have come by the house as if to give us their own welcome to Costa Rica.
We have seen Toucans and a variety of insects unlike anything we have seen before - all of which has humbled us and given us a new appreciation for nature and a renewed sense of spirit about our place in the world.
Each evening we have been captivated by the sunsets seen from the 3rd floor bar area. The relaxing sounds of the surf and sea prepared us for peaceful slumber in these comfortable beds.
Priscilla is a joy to have around the house. She has cared for us diligently and is meticulous in her duties. Herminio is nothing short of adorable, and he looks after us each evening wishing us a sincere "buenas noches" at night. Rafael is a quiet man, and we appreciate that he has kept the pool clean and ready for us to enjoy daily. Ervin is quick with a smile and makes sure everything is in working order around the house. Thomas has been helpful and informative - we are happy with the entire staff.
Casa Mono Congo will have a special place in all of our hearts forever. We leave this place, rejuvenated, renewed and with a new perspective. We are all changed by the time we have spent here. Costa Rica, and Casa Mono Congo will be a part of us from now on.
Thank you for allowing us to share this with you, thank you for all this place has given us.
-With love, respect, and sincerity, Suzanne & Colleen, Joann & Bob, Sheila & Andria - East Point, Georgia