1. Height of Being and Villa Being (‘the villa’) are two properties managed and owned by Tourism Intelligence International (the owner).
Villa Being is a four-bedroom villa and Height of Being is a two-bedroom rental property in Arnos Vale, Tobago. Villa Being is a registered property of the Division of Tourism and Transportation of the Tobago House of Assembly and is managed by Tourism Intelligence International Limited (‘the Owner’).
2. At the time of this contract/agreement, the villa has been furnished and equipped as described in the Being handbook provided to guests and located in each bedroom and on the website. The descriptions (both text, images and videos) of the villa on all promotional and marketing materials including the website, are presented to reflect a true representation of the villa as best as possible. Any differences between the descriptions on the various media materials and those actually found at the villa do not constitute a basis for cancellation, refunds or other claims against the Owner or its Agents. The Owner/Agents will not be liable to Clients in the event of any changes or upgrades made to the villa by the Owner prior to arrival of Guests and not notified to it. However, the Owner may provide compensation (in cash or in kind) at the Owner’s discretion in the event the quality of the villa is significantly diminished as a result of such changes or upgrades.
3. Published prices and seasons are indicative and subject to variation without notice prior to the confirmation of a booking. A quote will be provided at the time of inquiry and the confirmation of the booking will occur when the deposit has been paid and the confirmation of booking is communicated to the Client. The base currency for payment is the Trinidad and Tobago Dollar. Prices and transactions published in other currencies will be subject to the current interbank rates. The prices published on the website and other media materials is in United States Dollars and are provided for international standardisation purposes only.
4. The prices quoted on invoices and other official documentation are final and are subject to negotiations between the Client and the Owner/Agent and are not bound by published prices quoted on marketing / media materials.
5. Rental confirmation will not be effected until the whole of the deposit has been received. Any balance on payment must be paid 14 days prior to the date of check-in or immediately if the booking is within that date. Non-payment of the balance by the due date will constitute basis for cancellation and the property will be re-offered and cancellation conditions applied.
6. A cautionary or security deposit of US $500 or lodging a credit card / bank draft on file is required on or before check-in. This amount is fully refundable after check-out (up to seven days) as long as the villa is left undamaged, and all inventory is accounted for. Should damage occur or items go missing, the funds will be drawn down accordingly and any surplus refunded to the Client. Should the damages exceed the value of the security deposit, an invoice for the remaining amounts shall be issued to the guest, who will have 14 days to pay off the balance in full to cover all damages.
7. Payments may be effected by credit card, by direct debit into the Owner’s account or via Bank Draft. In the event that a bank Draft is issued the effective payment date is based on the date the cheque is received by post and not the date written on the cheque. No other forms of payment are accepted.
8. Cancellation is effected by the Client when written notification is acknowledged to have been received within 14 calendar days before arrival or, in the event of non-payment of balances due.
a. Should the Client for whatever reason cancel the booking within 48 hours of booking, they will have the right to reimbursement of all monies paid subject to the deduction of a minimum fee of 5% of the total booking value or up to a maximum of US $500.
b. Cancellations within 13 days or less before arrival are not permitted and the Owner is not liable to disburse any refunds to the Client. This applies also for bookings made within the 14-day period.
c. Our cancellation policy given the COVID climate is a full refund for any COVID-19 related cancellations with relevant proof, including any of the following lab Covid PCR test or lab Antigen test. Home tests are not accepted.
d. Once 48 hours have passed and it is 14 days or more before arrival the Client will be refunded 50% of the booking.
f. A change of date is considered a cancellation and above cancellation policies apply.
9. Clients are strongly advised to take out adequate insurance to ensure that they are protected from unforeseen events, which may give rise to cancellations.
10. Booking Confirmation: Following the final payment, Clients will be issued an email containing the guest registration form and are required to complete and return to the Owner/Agent. The registration form will detail the expected arrival time, method of transfer to and from the port of arrival, names of all guests and any additional requirements. The Owner/Agent will endeavour to accommodate out of hours or late arrivals. However, the Owner/Agent cannot guarantee access to the property after the arrival time noted on the registration form and does not accept responsibility for damages, costs or other consequences whatsoever for late or unannounced arrivals.
11. A valid form of identification of the principal guest must be presented to the villa representative on or before check-in in order to gain entry to the property. The Client acknowledges that the following circumstances provide the Owner with a basis for the immediate termination of this rental agreement without recourse by the Client and forfeiting all monies paid:
a. Exceeding the maximum number of guests as noted on the guest registration form;
b. Non-authorised substitution of guests – the names and passport details of all guests must be provided to the villa representative.
c. Conduct unbecoming at the property (including wanton destruction of property, poor hygiene, excessive noise, criminal activities of any nature, using the villa for purposes other than the communicated intention/purpose of stay, etc.);
d. Parties, weddings, celebrations involving non-guests, that are not approved beforehand by the Owner/Agent;
e. Introducing domestic animals (unless allowed in the property notes and advised to the Owner)
12. The Client acknowledges that there will be no redress against the Owner/Agent in the event that these events cause premature termination of the rental.
13. Prior to entering the property any applicable security deposits are required to be lodged in USD or TTD equivalent with the villa representative or Owner as a bond against potential damages and costs incurred at the property. All expenses and deductions will be accounted for on departure from the property. In the event of damage to the property, unpaid telephone, laundry, chef, massage or other expenses, the corresponding amounts will be assessed at the time of departure and the balance of the deposit, less costs assessed returned to the Client. In the event that there are damages in excess of the deposit, an invoice will be issued to the guest and must be paid within 14 calendar days.
14. The Client is responsible to the Owner for the full value of damages caused notwithstanding that it may exceed the value of the security deposit and that they may be pursued in common law to make good any damage caused.
15. Check-in time is 3:00 pm and check-out time is 12:00 noon.
16. The villa representative will arrange to conduct an inspection and return any deposits at the time of departure. Notwithstanding normal cleaning requirements (e.g. making of beds, washing of dishes, sweeping and washing of floors, removal of garbage), it is a condition of rental that the villa must be left in an orderly manner at the end of the rental period. This implies that furniture is placed in original positions, unhygienic messes are removed/cleaned and all property are in an orderly condition. Where the villa is not left in an orderly condition, the Owner is entitled to deduct from the security deposit to meet the additional costs of cleaning. Clients are not authorised to rearrange the furniture of the property. Crockery and other equipment of the villa must not be used or transported out of the villa. Candles, oil burners and open flames are not permitted inside any of the rooms or living spaces and may be used with great care on paved open areas.
17. After delivery, repairs of breakdowns caused by the Clients and those of ordinary maintenance (plugging of toilets and basins, damages to equipment and furniture and to the property, stains on mattresses and bed covers, broken crockery) will be charged to the Clients and the amounts will be deducted directly from the security deposit. In certain circumstances the person in charge will keep the whole of the security deposit and will return any balance together with receipts for the expenses met for repairs carried out after the departure of the Client.
18. Any problems with the villa encountered during the accommodation period should be reported immediately to the on-site villa representative who will endeavour to address the problems and resolve them to the satisfaction of the Client as soon as possible. If the representative is unable to resolve the problem to the satisfaction of the Client, a complaint must be lodged immediately in writing to Tourism Intelligence International by email, fax or letter. Reasonable time must be allowed for the Owner to resolve the problem. Clients must not vacate the property under any circumstances without the express written agreement of the Owner as to do so will annul the rights to claim for any compensation.
19. Where a Client believes they have a claim for compensation, the period of compensation will commence from the time the complaint is received to the end of the rental period. Requests for compensation must be lodged with Tourism Intelligence International in writing at firstname.lastname@example.org within 24 hours of completion of the rental period.
20. Complaints presented after the expiry of the rental period will not be taken into consideration. Clients acknowledge that the amount of compensation payable by the Owner for whatsoever reason is limited to a prorate calculation of the property rental paid and the period of compensation.
21. The following do not give rise to claims for compensation:
a. Force Majeure, terrorist acts or natural disasters;
b. Shortages of power, gas or water outside of the property Owners control;
c. Damage to roadways and access routes outside the control of the Owner;
d. Damage from wind, rain, hail, flood, fire, lightning, landslide or other acts of God;
e. Inundation by pests, insects, rodents, lizards, frogs, bats, etc. as our property is located in a natural country and seaside area;
f. Claims arising as a result of damage caused by Clients to the property;
g. Differences in the descriptions and photographs of the property shown in promotional material (unless significantly altering the nature of the accommodation);
h. Damage or loss to Clients’ belongings or property;
i. Actions on the part of the Owner limited by Trinidad and Tobago Law;
j. Civil works or construction projects or disturbances of any nature nearby the villa that are not under the control of the Owner or its representatives.
22. Clients acknowledge that the villa property has inherent dangers including an unfenced swimming pool, staircases, unfenced drops, vertical exposed mountain surfaces, etc. Clients acknowledge that they are responsible for taking all necessary safety precautions for themselves and their guests. Neither the Owner nor Agent nor any of its representatives accept any liability for accidents causing death, sickness, damage to personal property or bodily harm howsoever caused. The Owner and its representatives and its employees deny any liability or claims in the event of incidents occurring whilst occupants or guests are under the influence of alcohol or any non-therapeutic drugs. The limitation of liability for any claim against the Owner of property for whatsoever cause is limited to the total amount of rental paid by the Client.
23. Clients agree that by acknowledging these terms and conditions in the inquiry process or booking request that they agree to be bound by the provisions contained herein and to accept liability for damages caused by them or their parties to Owner’s property. This agreement shall be governed by Trinidad and Tobago law in every particular including formation and interpretation. Any proceedings arising out of or in connection with this contract may be brought in any court of competent jurisdiction in Trinidad and Tobago.