Terms & Conditions

Terms & Conditions

By making a reservation the guest (“Guest”) is entering into a vacation rental contract with TRA Property & Hospitality Management (“TRA”), and therefore agrees to and is bound by these terms and conditions (“Terms and Conditions”) for the rental of a vacation accommodation (the “Unit’):

1. Reservation Acceptance & Payment

By using TRA’s website or any third party website to make a payment, Guest acknowledges to have read, understood and accepted the Terms and Conditions for the services as specified hereunder, or as specified in and superseded by (a) a vacation rental agreement signed by Guest for a specifically chosen Unit, or (b) the conditions or document for provision of a specific service by TRA. If Guest has not yet received, reviewed or accepted the Terms and Conditions, Guest is to contact TRA prior to making any payment.

TRA’s standard schedule of payments is as follows: (a) 20% of the total amount is due upon reservation; (b) 30% of the total amount becomes due 45 days prior to arrival date or is due upon reservation if arrival is within 45 days; (c) 50% of the total amount becomes due 15 days before arrival date or is due upon reservation if arrival is within 15 days.

The final balance will be charged to the credit card on file, unless other payment arrangements have been made. Payment of the rental deposit sum to TRA will signify the full acceptance of the terms and conditions.

Payment is preferred through secure online credit card payment (either via TRA’s online booking feature or via a payment link emailed to Guest), bank wire transfer or any other forms of payment offered by Guest’s chosen third party online booking engine and is due upon reservation and/or as per TRA’s standard payment schedule, if any. If any other than the aforementioned form of payment methods or payment schedule is agreed with Guest, such must be separately agreed and accepted in writing by both parties. If secure online credit card payment via online booking is preferred by Guest, Guest must follow the instructions of the instant booking payment page on TRA’s website to fulfill such payment online. If secure online credit card payment via payment link is preferred by Guest, Guest must follow the instructions of the online payment link provided via email to fulfill such payment online. If a bank wire transfer is preferred by Guest, Guest will receive an email with TRA’s bank wire instructions to fulfill such payment through Guest’s bank. Guest’s full payment or reservation deposit payment secures Guest’s reservation. The cancellation policy is provided in section 22 below.

The Guest must be 25 years of age or older, the holder of a major credit card and must occupy the rental property the entire term of the reservation.

2. “Last Minute” Reservations

The following will be required for reservations made within 30 days of arrival. These precautions may also be requested for any reservation regardless of the processed date. Guests arriving within 30 days of the processed date are required to check-in at the TRA office during office hours.

The reservation must be in the same name as the name on the credit or debit card used for payment.

The credit or debit card used is required to be shown at check-in.

A valid driver’s license or passport is required.

A billing statement to the same address associated with the credit card must be presented.

The Guest’s name on all documents must match the name on the reservation, credit/debit card used, photo I.D., and billing statement.

3. Check-in/check-out times

Unless otherwise agreed, check-in time is after 4:00 pm and check-out is before 11:00 am.

Early check-ins or late check-outs can be requested at an additional charge. All early check-ins or late check-outs are subject to availability. As such, these will be tentatively booked and confirmed only within the last 72 hours prior to arrival. It is the Guest’s responsibility to contact TRA within 72 hours of arrival to confirm availability. In the event the Guest fails to depart from the property before 11:00 am with no approved late check-out, resulting in TRA being unable to clean and prepare the Unit for the next arriving guest, the Guest agrees to pay damages and costs incurred by TRA including but not limited to moving the incoming guest to another unit.

4. Check-in Instructions

Once the full balance has been paid the Guest will be emailed check-in instructions.

5. Arrival Inspection and Pre-Existing Damage Report

The Guest must notify TRA within twelve (12) hours of arrival in the event of any pre-existing damages or other notable conditions of the Unit.

The Guest is responsible for the cost of any damages sustained to the Unit during the stay, including but not limited to the décor, or its furniture and fixtures. The damages include, but are not limited to, the moving of items to another unit, breakages, and any excessive cleaning charges. Smoking and pets are not permitted in the Unit, and any failure to adhere to this will result in a minimum penalty charge of US$ 500.00.

6. Security Deposits

Upon Guest’s arrival at the Unit, the Guest will be required to sign a credit card voucher for a ‘Security Deposit’. For the Security Deposit only, TRA will take and hold Guest’s credit card information on file. Guest’s credit card on file will not be additionally charged when the Unit and personal property are in the same condition as when occupancy commenced and all Terms and Conditions and any other agreement with TRA have been met. Guest is liable for all replacements and repairs, that are outside what is considered normal wear and tear and Guest hereby authorizes TRA to charge the Guest’s credit card on file to cover said costs. If the cost of replacement, repairs and/or other Guest’s charges exceed the Guest’s credit card limit, Guest agrees to pay the difference to TRA.

7. Additional Damages

Should the Guest experience any new issue with the Unit during the stay, the Guest must contact TRA who will make effort to rectify the matter. The Guest should not attempt to contact the homeowner or the staff of the resort.

Should a previously reported problem remain unresolved, the Guest must notify TRA in writing within 7 days of vacating the Unit. No action can be taken, or liability accepted, for any complaints received after expiration of this period.

The air conditioning in Unit should not be set below 70 Degrees Fahrenheit (20 Degrees Celsius). Setting the thermostat to a lower temperature will not cool the property quicker. Due to the high temperatures in Aruba, it can be difficult for the system to cool the internal temperature below this point. Setting the temperature below 70 Degrees Fahrenheit may result in the system freezing up. If this occurs the air conditioning will have to be turned off to allow the unit to defrost. The Guest will have no air conditioning during this time and will be responsible for the technician’s call-out charges. The Unit’s windows having condensation is a definite sign that the air conditioning temperature is set too low and there is a risk of freezing the air conditioning unit. All windows and doors are to remain closed.

8. Cleaning

The Unit will be inspected, sanitized and cleaned before Guest’s arrival, during the complementary cleaning and after Guest’s departure. Guest is required to leave the Unit in the same general condition that Guest received it. Guest has the option to request additional cleaning services through the offices of TRA at Guest’s expense. There is a one-time service charge & cleaning fee. The cost of the service charge & cleaning fee varies per property.

9. Reservation

The Unit’s occupancy may not exceed the number of guests as advertised for. Maximum occupancy excludes children under three years of age. Only Guest and accompanies as approved by TRA are permitted to stay in the Unit.

The reservation is accepted and confirmed only for the number of accompanies as approved by TRA. TRA reserves the right to cancel the reservation if additional accompanies are added without prior consent.

The rental period will begin and end on the dates as shown in the rental agreement. Failure to abide by these provisions will render the reservation void and all payments will be forfeited.

The Unit is not to be used to host parties, events, or social/group gatherings. The Guest having an event, party, or social/group gathering in the Unit or exceeding the number of authorized accompanies will be evicted without refund. Additionally, if it is discovered that the arriving guest or its accompanies will be hosting a party, event, or social/group gathering in one of TRA’s units, TRA reserves the right to cancel the reservation prior to the Guest’s stay, with recompense at TRA’s judgment.

The use of illegal substances is prohibited. Guest and its accompanies are not allowed to use the Unit for any immoral or unlawful purpose. Any Guest and/or its accompanies who violates any law or ordinance will cause for the occupancy to be terminated immediately without a refund.

Quiet time is strictly 10:00 pm: Guest and its accompanies who do not comply and disrupt the peace and quiet will be required to vacate the Unit without refund.

The Guest and its accompanies must abide by all community parking rules and laws. Guest and its accompanies must follow posted street signs, particularly rules regarding parking as some communities do not allow street parking overnight or require parking on a specific side of the street.

Guest and accompanies will park their vehicles at their own risk. TRA is not responsible for the theft of vehicles or theft from vehicles or damages to the vehicles.

The rental agreement may not be assigned, or the Unit sublet. No locks may be broken changed or added; no Unit keys may be duplicated.

The Unit may not be used for amateur or professional video recordings without prior written consent from TRA.

No business may be registered to or operated from the Unit, whether on a permanent or temporary basis.

The owner of the Unit may maintain a locked area (such as closets, safes, and garages) in each property for the storage of its personal belongings. These locked areas are not intended for the Guest’s and accompanies’ use and are not to be accessed by Guest and its accompanies.

Guest agrees and shall abide by all community and homeowner association rules for the community in which they are staying.

10. Smoking

All Units are strictly non-smoking. It is prohibited to smoke in or near the Unit. Failure to comply with this will result in eviction of the Guest and accompanies from the Unit, without recompense or refund and the loss of the security deposit or a charge to the Guest’s credit card if no security deposit is in place to cover the deep clean costs. In addition to the cleaning costs, a minimum fine of US$ 500.00 will be imposed for smoking in or near the Unit.

11. Pets

Unless specifically authorized, absolutely no pets are allowed. Failure to comply with this will result in the removal of the Guest and its accompanies from the Unit, without recompense or refund and the loss of the security deposit or a charge to the Guest’s credit card if no security deposit is in place to cover the deep clean costs. In addition to the cleaning costs, a minimum fine of US$ 500.00 will be imposed for having pets in or near the Unit.

12. Service Animals

Certified service animals are allowed. It is not required, but it is helpful, if TRA is notified of service animals prior to check-in.

13. General Safety

TRA does not accept any liability for the Guest’s and its accompanies’ personal safety during their stay. Guests are reminded to exercise care as to the personal safety of themselves and their accompanies. Use of the pool and any community pool and recreation area is entirely at the Guest’s and its accompanies’ own risk. It is particularly important that children are supervised at all times in and around the pool areas.

Pools are used at the Guest and its accompanies own risk. Guests under 18 years of age must be accompanied at the pools.

Bikes, beach equipment, games, toys, baby furniture/equipment are used at the Guest and its accompanies own risk. Young children must be supervised at all times.

It is the Guest’s responsibility to supervise children at all times. Children under a certain age should not be allowed to use amenities intended for adults such as gyms, saunas, etc., where they could potentially injure themselves. Children should not be allowed to use items intended for adults, such as billiard tables or other items where they could potentially cause damage.

If the owner of the Unit has provided a (complimentary) barbecue grill, or a barbecue grill has been hired via any party, Guest and its accompanies should be aware that it is being used at the Guest’s and its accompanies’ own risk. Guest is responsible for any damages caused by use or misuse of the grill. The grill should only be used in an open, outdoor area. TRA and the Unit’s owner do not accept liability for equipment failure. It is the Guest’s responsibility to clean and maintain the grill and replenish propane as required. There will be a minimum cleaning charge of US$ 50 if the grill requires to be professional cleaned.

If the Guest and/or its accompanies ever feels they may be in a life-threatening situation for any reason, the Guest is urged to call 9-1-1 immediately before calling TRA.

14. Allergens

Because it is nearly impossible for persons who have an allergy to peanut dust to avoid triggering a reaction if peanut dust is in the air, TRA is unable to guarantee a peanut-free or allergen-free property. TRA cannot prevent previous guests from bringing peanuts or products containing peanuts into TRA properties. In addition, TRA cannot give assurances that remnants of peanuts and/or peanut dust/oil will not remain anywhere in the Unit.

TRA cannot guarantee that the Unit will be free of other allergens such as perfumes, lotions, cleaning solutions, etc. Guest and accompanies are prohibited from bringing pesticides, bleach, sanitizers, air fragrances and any other pollutants into the Unit.

15. Wildlife and Insects

TRA’s preventative efforts cannot guarantee that there will not be an encounter with wildlife, bugs, insects, or pests of all types. Guest agrees that TRA cannot be held accountable for encountering any of the above, either outside or inside the Unit.

Every Unit is inspected to check if there are no pests present. If pests are ever suspected, the Guest must immediately contact TRA, who will contact a third-party pest control company for further inspection and treatment if deemed necessary.

16. Personal Items Left Behind

In the event the Guest and/or its accompanies may have left a personal item behind in the Unit, TRA will make an effort to locate it; however, the Unit’s owner and TRA are not responsible for any losses. If the item is found, the Guest will be advised and given the contact details of a local company that specializes in collecting and mailing package deliveries. The Guest will be responsible for arranging collection, shipment, delivery and any other cost incurred. Any unclaimed items may be donated by TRA to charity or disposed of after 30 days.

17. Basis of Rental

The Unit comes complete with a fully equipped kitchen including a refrigerator, freezer, oven, dishwasher, toaster, coffee maker, blender, cookware, dishes, glasses and utensils. The Unit also includes a full-size washer and dryer, iron and ironing board. In addition, the Unit comes with linens and towels. A complementary standard stock of paper products and guest supplies (toilet paper rolls, paper towel roll, foils, wraps, garbage bags, etc.) are supplied, based on an average week’s use. The stock is not replenished if fully consumed. Guest is responsible for replacing stocked items for own use as they are consumed; the standard stock of guest supplies will be replenished by TRA, only in event (a) of a long stay (=longer than a week), during the weekly refresh cleaning service, and (b) the Guest requests and pays for additional or more frequent cleaning services, during such extra cleaning service. TRA may not have all items to which the Guest is accustomed. If there is a special type of item which the Guest is accustomed to using, the Guest should provide for those items by bringing them along. Occupancy is based on sleeping capacity; the Unit may not have ample dining/living room seating to match bed capacity. Guest should bring personal items such as bath soap, shampoo and toiletries. Additional towels are recommended for units with private pools.

18. Optional Travel Insurance

Travel Insurance is offered through several third-party providers. The cost and coverage of travel insurance are respective to the third-party companies.

TRA highly recommends guests to purchase trip insurance at the time of booking or at least 45 days prior to the reservation if concerned about possible interruption or cancellation of the trip.

19. Limitation of Liability

TRA and the owner do not accept any liability for lost or stolen personal property of the Guest and its accompanies from the Unit. In the event that property of the Guest and/or its accompanies is lost or stolen, the Guest should notify the appropriate authority first and then contact TRA to report the lost or stolen items.

Guest and its accompanies accept that neither TRA nor the Unit’s owner or any other party involved will be liable for any incidental, special, exemplary or consequential damages, including lost personal property, violence, nature, fire, flood, war, civil disobedience, riot, accident, illness, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury, death or emotional distress arising out of or in connection with the rental agreement and these Terms and Conditions and the failure of public supplies such as water, electricity, or gas supplies, breaking down of the air conditioning system, telephone, internet or the pool heater or any household appliance, whether based on warranty, contract, tort (including negligence), product liability, liability for structural defects or any other legal theory, and whether or not TRA or the Unit’s owner has been informed of the possibility of such damage. In no event will TRA nor the Unit’s owner aggregate liability arising out of or in connection with the rental agreement and these Terms and Conditions.

The Guest understands that there is no lifeguard on duty and it is a major condition of this reservation that the use of the Unit’s pool is entirely at the Guest’s and its accompanies’ risk. Diving or running around the pool area is prohibited; no child or adult non-swimmer is allowed to use the pool without adequate adult supervision by a strong swimmer.

20. Indemnification

To the maximum extent permitted by Aruba law, Guest agrees to release, defend (at TRA’s or the Unit’s owner’s option), indemnify, and hold TRA and the Unit’s owner, its affiliates and subsidiaries, including but not limited to, TRA or the Unit’s owner’s, and their officers, directors, shareholders, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) Guest’s breach of the rental agreement, these Terms and Conditions, (ii) Guest’s improper use of the TRA’s platform or any TRA services, including without limitation any injuries, death, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use of the Unit, (iv) TRA’s collection and remittance of occupancy taxes, and /or (v) Guest’s breach of any laws, regulations or third party rights.

21. Force Majeure

There may be circumstances beyond TRA’s control and contemplation, in which the Unit might not be available for the reservation.  Examples of these include, but are not limited to, destruction of property, sale of property, water, gas or sewer leaks, fire or any other damage to the property, making it uninhabitable or potentially uninhabitable. In the event of Force Majeure, TRA will do its best to make alternative arrangements for the Guest whenever possible. If TRA is unable to do so or if the alternative arrangements are not acceptable to the Guest, then TRA will refund all monies paid. If the Guest accepts the alternative accommodation, the Guest agrees to relocate back to the original property when it is deemed available by TRA. This will be the full extent of TRA’s liability to the Guest, and TRA will not be responsible for any other costs connected with any such cancellation, howsoever arising. TRA will not be responsible for any delay or failure to perform caused by wars, fires, hurricanes, strikes, acts of God, or any other causes beyond TRA’s reasonable control.

22. Cancellation Policy

Accommodation

Reservations are considered booked when the Guest’s payment has been received.

TRA may cancel a reservation in the event that the Guest has chosen to pay according to a payment schedule and despite a previous reminder email Guest fails to comply with its payment within 48 hours after its due date. Guest will then be emailed a 24-hour notice of cancellation by TRA, but nonetheless be given the opportunity to reverse the cancellation by still complying with the due payment within such 24 hours. Guest may cancel a reservation at any moment in time. To cancel a reservation, Guest must send TRA a written notice of cancellation which should be received by TRA preferably more than 45 respectively 15 days prior to Guest’s check-in (=arrival) date.

REFUNDS: The reservation confirmation email from TRA indicates the final total amount payable for the reservation. In case of cancellation as per above, TRA will refund the Guest payments, less a cancellation fee equal to: (a) 20% of the total amount for cancellations received more than 45 days prior to check-in date or (b) 50% of the total amount for cancellations received between 45 and 15 days prior to check-in date. If Guest’s notice of cancellation is received less than 15 days prior to your check-in date, Guest will forfeit all payment, unless TRA is able to re-rent the Unit to someone else, at the same rate for the same period. In the event the Unit is re-rented for same or less than the total amount, TRA will refund the Guest’s payments, less an amount equal to 50% of the total amount and less any amount necessary to make full payment to the Unit’s Owner.

The dates and the Unit cannot be changed; doing so would effectively be canceling the original reservation, and so the cancellation policy would apply.

If the term is allowed to be reduced from the original dates at TRA discretion, the cancellation policy will apply to the nights that have been canceled. The minimum three-night stay requirement at the time of booking must be met at all times. Rental nights cannot be canceled if they reduce the total number of nights stay below this minimum.

There will be no credit given for shortened stays due to late arrival or early departure for any reason and no credit given for any cancellation due to weather conditions.

TRA reserves the right to cancel any reservation made as a result of an error, omission or other unforeseen circumstances. This includes verbal, written or website errors which may affect the price, availability or type of property rented.

23. Additional Service

An additional service is considered booked when the Guest’s payment is received. To cancel an additional service, a notice of cancellation must be sent in writing and preferably received prior to commencement of the additional service, or prior to TRA entering on behalf of the Guest into any irreversible commitment with a third party for execution of the additional service. The booking document of the service will indicate the total amount payable for the additional service. TRA will refund the Guest’s payment, less a cancellation fee equal to: (a) 0% of the total amount for cancellations received prior to commencement of the provision of the additional service, or prior to TRA entering on behalf of Guest into any irreversible commitment with a third party for execution of the service; (b) a percentage or part of the total amount equal to the third party’s cancellation fee for cancellations after TRA has entered into an irreversible commitment on behalf of Guest with a third party for execution of the additional service; (c) 100% of the total amount for cancellations received after commencement or full provision of the service.

All descriptions given on the websites are made in good faith and are subject to change. TRA accepts no liability whatsoever for errors or omissions.

24. Modification of the Terms and Conditions or any other agreement

TRA reserves the right to modify the rental agreement and the Terms and Conditions at any time in accordance with this provision. If TRA makes changes to the rental agreement and/or the Terms and Conditions, TRA will provide the revised rental agreement and/or Terms and Conditions to Guest. TRA will also provide Guest with notice of the modifications by email at least thirty (30) days before the date they become effective. If Guest disagrees with the revised rental agreement and/or Terms and Conditions, Guest may terminate the rental agreement with immediate effect. TRA will inform Guest about its right to terminate the rental agreement in the notification email. If Guest does not terminate the rental agreement before the date the revised rental agreement becomes effective, it will constitute acceptance of the revised rental agreement and/or Terms and Conditions.

25. Personal data

TRA is authorized to collect, process (in particular hold) and use information about the Guest. Personal data may be transferred to: (i) other offices of TRA around the world if the applicable data protection rules on international data transfer are complied with; (ii) third parties who process information for TRA; and (iii) to third parties (e.g. courts, police or regulatory authorities around the world) to the extent that this is required and is permitted in accordance with the relevant dataprotection laws and regulations.

26. Compliance with Laws and Terms Guest will comply with all applicable laws, national ordinances, rules and regulations governing Guest’s duties or responsibilities under the rental agreement and the Terms and Conditions. Failure to do so will, at the sole discretion of TRA, result in the removal of the Guest from the property, without recompense or refund.

27. Governing law / Jurisdiction

The rental agreement and these Terms and Conditions shall be deemed to have been executed and entered into in Aruba, and the rental agreement and these Terms and Conditions, and its formation, operation, and performance shall be governed, construed, performed, and enforced in accordance with the substantive and procedural laws of Aruba and the parties submit themselves to the exclusive jurisdiction of the competent courts of Aruba.