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APARTMENT CLUB PERU (ACP)

TERMS AND CONDITIONS
( Subject to change without notice)

DEFINITION OF SHORT TERM RENTAL


The standards in Peru are the following:

For SHORT TERM rentals (1 week up to 6 months) the price that is shown as Short-Term Rate (as well as the Daily or Weekly Rates) includes all the normal costs of an apartment, such as electricity, water, gas, internet & cable, and Building Service charges. The price does NOT include making telephone calls from the apartment telephone which are made using a pre-paid calling card. Also, not included in the Rates are the Security Deposit, Booking Fee, Bank Charges, and Final Cleaning Fee.

Viewings of apartments can be arranged by appointment only if the property is not occupied and ACP is given at least 72 hours’ notice.

From the start of the reservation, the guest agrees and accepts all the Terms and Conditions as shown below.

STEPS FOR CONFIRMING A RESERVATION

The reservation starts by getting in contact with ACP, by our websites or by email and providing all relevant information of the guests including full name as shown on official ID, date of arrival and departure, the property they wish to reserve and phone number for contact. The person who makes the reservation must be of legal age in their country of residence and guarantee to be financially responsible for the payment of the contracted services. 

Within 24 hours you will receive an answer from ACP about the availability of the selected apartment for the requested dates.

The reservation will be confirmed when the Guarantee Booking payment is paid in US Dollars within 24 hours of receiving ACP confirmation. ACP uses PayPal for all online Deposit payments. For payments made through PayPal, ACP will add bank charges, which include currency conversion, money transfer, and credit card fees totaling 15% of the Deposit amount. The Deposit can also be requested into a local Peruvian bank or by Western Union but there will be a $20 handling charge. Banking charges and ACP Booking Fees are non-refundable. 

ACP has a booking charge based on the date and time of arrival for each booking, regardless of contract length or rental value, for administrative services. This fee is non-refundable. 

BOOKING FEE STRUCTURE:

Normal Arrival and Departure times $60.00

Holiday Arrival / Departure incurs an added $10.00 charge 

Holidays are based on Peruvian Holidays.

Once this initial payment (booking confirmation, booking fee, banking fee) is made, ACP will confirm the reservation. All the prices published by ACP are expressed in US Dollars, thus, both the payment of the rent and the guarantee must be made in the same currency. 

Credit cards, checks (of banks with no agency in Peru), travelers' checks and bank notes in bad condition, torn or taped will not be accepted.

Checks from banks with agents in Peru will be accepted but confirmation will not be made until the check has cleared and the funds received by ACP.

The balance of rent is due in cash when you arrive at your apartment. If payment is not made in full at the time of check in the owner or ACP reserves the right to refuse admittance. 

TENANCY CONTRACT

The Tenancy Contract is between the tenant and the owner or manager of the property. This contract represents the entire agreement between the parties and replaces all prior understandings (oral or written) covering the subject matter and can be changed only in writing signed by both parties. No firm booking can be made until the Tenancy Contract is signed on arrival. ACP can send a draft copy of the Tenancy Contract on request. 

CONTRACT CONDITIONS

At the time and date of the guest's arrival, previously decided in advance with no less than 72 hours’ notice, ACP and/or the property owner will be waiting for them at the rented apartment. At this time the following steps will take place:

A. The Tenancy Contract between the tenant and the property owner will be signed by the tenant, and a copy of this Contract will be provided to the guest. Moreover, the guest(s) will need to present a photocopy of their ID card(s) or passports. 

B. The inventory of the apartment will be checked and signed. 

C. The amount outstanding will be paid by the guest. This payment is made ONLY IN CASH, in US Dollars.

D- During check-in, the guest will receive information regarding the property, the zone, emergency telephone numbers and other relevant information that may help to make their stay more comfortable.

E- If any information provided by the guest(s), in the reservation form or the signed contract is found to be false; or if there are guests staying in the apartment are not registered, the Property Owner or ACP will proceed with eviction, the tenant thereby losing all rights to restitution of payment(s) made.

F- When checking-out, the guests must leave the apartment in the same condition in which the apartment was found. This includes the verification of the inventory taken on arrival.

G- The Property Owner and ACP will not take responsibility for the loss of any items of the guest(s) during their stay in the apartment.

H- Once the contract is finished and the guest has left the apartment, the Property Owner and ACP will not take responsibility for lost or forgotten objects in the property.

I- ACP offers smoking and non-smoking apartments; therefore, it is completely forbidden to smoke in the non-smoking apartments.

GUEST RULES

A - Not to use the Apartment for any purpose that might threaten the safety of the building or other Residents. 

B - The apartments are only to be used for residential purposes.

C - Not to allow dangerous and illegal activities.

D - Not to allow animals in the Apartments unless otherwise agreed in writing by the Property Owner.

E - To keep the Apartment clean and not to waste or misuse any utilities, appliances or part of the Apartment or Common Areas.

F - To notify Owner in writing of any conditions that may cause injury, require repair, or affect the habitability of the Apartment.

G -  Not to use or store, generate or dispose of on or near the Apartment or any garage or storage locker any flammable, explosive, or environmentally hazardous substance.

H - Not to use the Apartment, common areas, or areas surrounding the Apartment to manufacture, sell, give away, barter, deliver, exchange, distribute, or possess any illegal drugs, controlled substances.

I - Not to engage in any nuisance or disturbance activity. 

J - Not to have excessive numbers of visitors or frequent visitors.

Violation of any of the above agreements by Resident, Resident's family members, guests, or any third person at Resident's Apartment or coming to the Apartment because of Resident's tenancy may be grounds for eviction.

SECURITY DEPOSIT

The guest will have to pay in addition to the rent, a Security Deposit determined by the property owner and may vary based on the total amount of the stay (minimum $150.00 / maximum two month's rent). This Security Deposit will be returned during the check-out process after a review of the signed inventory. In the event the apartment or any of the furnishings are damaged, the guest will pay those expenses according to the values established in the inventory.

In case the Security Deposit does not cover the full cost of damages for any or all items, the client agrees to pay the difference immediately in cash on request by the Property Owner or ACP.

IDENTIFICATION

On arrival, the tenant must provide a photocopy of their ID or Passport which must match the information provided when confirming the reservation.

PASSPORTS, VISAS, INSURANCE AND HEALTH REQUIREMENTS

The country's Policies, Rules & Regulations related to Passport, visa, insurance and health requirements for visitors are subject to change at any given time and it is the tenant's responsibility to check the current / existing status prior to arrival. It is the tenant's responsibility to keep their passport, travel documents, insurance policies and medical records intact and valid for travel. ACP and the Property Owner are under no obligation to assist the tenants in obtaining valid travel documents.

The owner can refuse to accommodate the tenants if they do not have a valid visa and entry permit and if such an event occurs the owner will not be liable for any refunds or compensation. The owner and ACP are unable to accept any liability for any delay in your arrival, whether the delay or cancellation is caused by adverse weather conditions, the action of air traffic controllers, the action of airport authorities or governments, the rescheduling of times by the airline, mechanical breakdown, strike or industrial action or otherwise. In such circumstances, the tenant is responsible to have the necessary insurance policy to cover their losses.

PAYMENT

The Client shall submit Total Rental payment upon arrival. If any payment is not made within the times set forth herein, Apartment Club Peru may treat the contract as canceled, and the usual refund terms shall apply. 

NUMBER OF OCCUPANTS

The total number of guests staying at the property may not exceed the number of sleeping places specified in the promotional material. The property owner and ACP reserve the right to refuse entry or evict the entire party if the number of persons occupying a property exceeds this number.

If the total number of guests exceeds the number stated in the Reservation and no permission has been granted to exceed the capacity of the Property, the property owner and ACP reserves the right to terminate the Reservation and/or levy a charge as it will be considered an amendment by the tenant. No compensation will be due from the property owner or ACP as a result of cancellation or termination based on exceeding occupancy limits.

EXPENSES PAID LOCALLY AT EXTRA COST

The rental property and any facilities or services expressly included in the written information provided by Apartment Club Peru are included in the contract price. Normal use of gas, electricity, and water as well as building maintenance, is included in short-term rentals. 

Rentals Contracts are between the property owner and the client. Corporate rentals and any added paperwork are subject to review by the property owner.

Local expenses are excluded from the rental cost specified in this contract, such as telephone, cleaning services, additional linens, heating, utilities and personal services such as maids or cooks. Apartment Club Peru will list known locally paid expenses on the Confirmation Invoice.

FINAL CLEANING FEES

The apartment will have been cleaned prior to guest’s arrival.

Before leaving, the client is obliged to leave the apartment in perfect conditions, i.e. all waste should be correctly disposed of and the apartment tidied. If not, there will be an additional cleaning charge.

All the apartments have a Final Cleaning Fee listed. It is normally deducted from the Security Deposit at time of departure.

CHECK-IN / CHECK-OUT

CHECK-IN TIME: (2 PM) If the guest wants to occupy the apartment before the check-in time, they will need to request the reservation for the day before his arrival, and you may have to pay an additional night charge.

CHECK-OUT TIME: (11 AM) If the guest wishes to depart after this time they must arrange with ACP in advance regarding additional charges.

11 AM - 5 PM, additional 1/2 the Day Rate

After 5 PM, additional Night Charge

This service is subject to availability and arrangements for late check-out must be made in advance.

The check-in and check-out dates to the apartment will need to be coordinated with ACP at least 36 hours in advance.

During check-out, the guest will return to the owner or agent of ACP the keys and any other supplied items. e.g. garage remote control, etc.

EXTENSION OF THE STAY

The Tenancy agreement cannot be automatically extended without prior consent from ACP. If the guest would like to extend their stay they must contact ACP as soon as possible, in order to check on the continued availability of the apartment. A new Tenancy Contract will need to be signed, and there may be some modifications, including possible changes in rate and potential booking charges based on length of the extension.

For rentals greater than two months, the rental will be paid monthly to the Property Owner by previously made arrangements. If the guest decides to cancel the Contract in advance they lose the security deposit and may be liable for additional charges due to a Breach of Contract.

PROMOTIONAL INFORMATION

Apartment Club Peru has taken care to ensure the accuracy of all information and descriptions contained in its websites, brochures and promotional material at the time prepared, Apartment Club Peru will assume no responsibility for any errors or omissions that may occur.

Apartment Club Peru shall not be liable with regards to any difference of opinion as to the condition or quality of the properties, or the surrounding area, nor for temporary defects or stoppages of any utilities. Our photos are recent, but properties may not always appear exactly as pictured or described due to normal wear and tear, changes in furnishings between audits and changes after materials were prepared.

Apartment Club Peru also reserves the right to change the published information on the website at any time including prices, descriptions, and photos. 

COMPLAINTS

Should any problem occur with the property, the Client must immediately (within 24 hours) notify the property owner or manager and Apartment Club Peru directly. The Client should allow the owner or manager reasonable time to remedy the problem. Vacating the property without the Property owner/manager or ACP authorization does not constitute an adequate cause for a refund.

The client books a property in Lima with the understanding that there are cultural, architectural, economic and natural differences from the other parts of the world.

CANCELLATION OF THE RESERVATION

In case the guest wishes to cancel a confirmed reservation less than 7 days prior to arrival, including at the time of check-in, the Guarantee Deposit, Booking Fee, and Bank Charges will not be returned, nor will any additional payments made to guarantee early check-in or late check-out. Any cancellation during the contract period will be considered a breach of contract.

Reservations canceled prior to 7 days arrival will be refunded 50% of the Guarantee Deposit within 30 days of notice. Booking Fee and Banking Charges are not refundable. 

If the property owner decides to cancel the reservation for any reason, the guest will be able to:

Receive a full refund of any payments made.

Apply the reservation to another property of similar characteristics, with an agreement between ACP and the tenant.

The right of admission is reserved by the owner and ACP.

ADDITIONAL SERVICES

TRANSFER FROM AIRPORT TO APARTMENT: Arriving in Lima and having no one waiting for you at the airport can be stressful. If you wish, ACP can arrange to pick up at the airport with direct transport to the apartment.

This service starts at $20.00 (subject to the number of people traveling, amount of baggage and destination) and is to be paid by the client to the taxi service on arrival at the apartment.

LIABILITY

Client acknowledges that Apartment Club Peru does not own any rental accommodations and undertakes only to present the property for potential rental through ACP websites. As such, Apartment Club Peru shall not be responsible or liable for any accident, loss, damage, injury, or inconvenience arising from the rental, except in so far as that occurrence is caused by the direct negligence of Apartment Club Peru.

All claims of accident, loss, damage, injury or inconvenience are acknowledged to be solely between the Client and Property Owner. Apartment Club Peru does not accept liability for any loss or damage caused by weather conditions, riot, strikes, sickness or any cause beyond its control.

FORCE MAJEURE

ACP and the owners cannot be held liable for situations arising outside of their control ("Force Majeure").

The following definition is the basis of the term "Force Majeure", which means any event the Property Owner or ACP could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, acts of God, acts or regulations of any governmental or supranational authority, fire and all similar events outside our control.

PERSONAL INFORMATION AND DATA PROTECTION

At the time of entering the online registration form, you are required to submit personal information. Your personal information will be kept confidential and used to support the relationship between ACP and the Property Owner. ACP, on a continuous basis, endeavors to protect your personal information by implementing appropriate security procedures.

ATTORNEYS' FEES AND COLLECTION COSTS:

If Owner brings any legal action against Resident, the Resident must pay Owner's actual attorneys' fees, court costs and related expenses even if rent is paid after a legal action is started. If Owner retains any collection firm or agency, Resident shall be responsible for additional amounts equal to the percentage collected by any collection firm or agency, whether legal counsel is retained, or attorneys’ fees are incurred. 

JURISDICTION

Apartment Club Peru and its Clients agree that the ACP Terms & Conditions and the Tenancy Contract shall be governed by Peruvian law and that exclusive jurisdiction over all disputes shall be in the courts located in Lima, Peru.

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