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APARTMENT CLUB PERU (ACP)

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TERMS AND CONDITIONS
( Subject to change without notice )

DEFINITION OF SHORT TERM versus LONG TERM

The standards in Peru are the following:

For SHORT TERM rentals (up to 12 months) the norm is the price that is shown as Short Term includes all the normal costs of an apartment. But the price does NOT include telephone calls which are made using a pre-paid calling card.

For LONG TERM rentals (greater than 12 months) the price shown DOES NOT include the ongoing monthly costs such as building maintenance, taxes, electricity, etc. These individual costs are shown in the detailed audit for each property and are the responsibility of the tenant.

Viewings of apartments can be arranged by appointment only if the property is not occupied and ACP is given at least 48 hours notice. First apartment is free, additional apartments will be charged at the rate of $10.00 (USD) per apartment, payable in cash at the time of the visit.

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

STEPS FOR CONFIRMING A RESERVATION

1 - The reservation starts by getting in contact with ACP, by our website, e-mail or telephone and providing all relevant information of the guests including full name as shown on official ID, ID information (Passport Number and Country or Peruvian DNI), age and address of each guest, and dates of the rental. 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. Please note that all properties require a minimum rental amount of one (1) week.

2 - Within two business days, you will receive an answer about the availability of the selected apartment for the requested dates.

3 - The reservation will be confirmed when the GUARANTEED BOOKING PAYMENT is paid in US Dollars. ACP uses PayPal for all on line 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 Guarantee Deposit amount. Deposits can also be requested into a local Peruvian bank or by Western Union but there will be a $20 handling charge. Banking charges 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:

   1 - Normal Arrival and Departure: $50.00
   2 - Holiday Arrival / Departure incurs an added $10.00 charge

Holidays are based on Peruvian Holidays ***
*** Subject to change

Once this initial payment (booking confirmation, booking fee, banking fee) is made, ACP will confirm the reservation.

4 - All the prices published by ACP are expressed in US Dollars, thus, both the payment for 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.

5 - 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 reserves the right to refuse admittance.

CONTRACT

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 Booking Contract is completed

CONTRACT CONDITIONS

1- At the time and date of the guest's arrival, previously decided in advance with no less than 72 hours notice, an agent of ACP and/or the owner will be waiting for them at the rented apartment.

At this time the following steps will take place:

A. The 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 their ID card(s) and provide a copy of each id.

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

C. The amount outstanding and security deposit will be paid. This payment is made ONLY IN CASH, in US Dollars.

2- 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.

3- 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 that are not registered, the Owner will proceed with eviction, the tenant thereby losing all rights to restitution of payment(s) made.

4- 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.

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

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

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

8- It is forbidden to have in the apartment (not even temporarily) wet, infectious, foul-smelling, explosive and/or dangerous materials or drugs. Any risks, trouble or situations that may be made against the security of the property or its conservation; or against the calmness of the neighbors will be under penalty of contract cancellation with no monies refunded.

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 $100.00 / maximum two month's rent). This security deposit will be returned during the check-out process after review of the signed inventory. In the event the apartment or any of the apartment's furnishing 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 on request by the owner.

IDENTIFICATION

On arrival the tenant must provide a photo copy of their id / 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 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 to 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 cancelled, and the usual refund terms shall apply. The deposit to reserve an apartment becomes non-refundable if the booking is not cancelled more than 30 days of the date of arrival. Booking and Banking fees are non-refundable.

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 owner reserves 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 owner 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 owner 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. These costs are NOT included in LONG TERM rentals unless otherwise stated in the comments.

Rentals agreements are between the property owner and the client. Corporate rentals and any added paper work 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.

CLEANING FEES

Some of the apartments have a Final Cleaning Fee listed. This fee is charged by the owner and is paid directly to them. This is NOT an Apartment Club Peru fee. It is normally deducted from the security deposit at time of departure.

CHECK - IN / CHECK - OUT

1- CHECK- IN TIME: ( 2:00 PM / 14:00 ) If the guest wants to occupy the apartment before the check-in time, he will need to request the reservation for the day before his arrival, and will have to pay an additional day.

2- CHECK - OUT TIME: ( 11AM / 11:00 ) If the guest wishes to depart after this time they must arrange with ACP in advance regarding additional charges.

    11:00 AM - 17:00 (5:00PM)- See Property Listing for 1/2 day rate
    After 17:00 (5:00PM) - Additional day charge
    This service is subject to availability and arrangements for late check-out must be made in advance.

3- The check-in and check-out dates to the apartment will need to be coordinated with ACP at least 72 hours in advance.

4- 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, provided cell phone, etc.

EXTENSION OF THE STAY

The lease agreements cannot be extended. In the event 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 lease agreement 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 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 breach of contract.

PROMOTIONAL INFORMATION

Apartment Club Peru has taken care to ensure the accuracy of all information and descriptions contained in its website, brochures and promotional material at the time prepared, however, nothing in those materials shall be treated as a term or condition of this contract.

Apartment Club Peru shall not be liable with regard 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.

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 owner/manager 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, economical and natural differences from the other parts of the world.

CANCELLATION OF THE RESERVATION

In case the guest cancels the reservation, including at the time of check in, the deposit and booking fee 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 breach of contract.

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

1. Receive a full refund of any payments made.

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

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

ADDITIONAL SERVICES

1- 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 pick up at the airport with direct transport to the apartment.

This service starts at $30.00 (subject to the number of people travelling, amount of baggage and destination) and is to be paid by the client to the taxi service on arrival at the apartment.

The Taxi service will wait at the airport for 2 hours after the arrival of the flight. If the waiting time exceeds two (2) hours due to immigration, lost baggage or other causes the service will be cancelled unless contact is made prior to the two hour expiration. Additional waiting time will be billed at $10.00 per hour.

LIABILITY

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

All claims of accident, loss, damage, injury or inconvenience are acknowledged to be solely between the Client and 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 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 supra-national 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 owner. ACP, on a continuous basis, endeavors to protect your personal information by implementing appropriate security procedures.

JURISDICTION

Apartment Club Peru and its Client agree that this contract shall be governed by Peruvian law, and that exclusive jurisdiction over all disputes arising out of this contract shall be in the courts located in Lima, Peru.

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