Last Updated:  December 8, 2023.

1. DEFINITIONS:
   “Business Day” means Monday through Saturday, excluding holidays during which banking institutions are generally closed in the State of Florida, USA.
   “Guest” means a person authorized to stay at the Property during the Rental Period.
   “Owner” means CPBG LLC, a Florida limited liability company. References to “we” mean Owner.
   “Primary Guest” means an adult, 25 years of age or older, who is responsible for the rental and all financial obligations incurred in connection therewith.  References to “you” mean Primary Guest. 
   “Property” means the real property known as Casa Palm Beach Galapagos and located at 046 Cucuve, Puerto Ayora, Galapagos.
   “Property Manager” means the person engaged by Owner to supervise maintenance of the Property and provide certain services for Guests.  Property Manager has no authority to bind Owner.
   “Rental Period” means the period covered by a reservation.
   “Total Rent” means the total amount payable for the use of the Property during the Rental Period.
   “Website” means CPBG, LLC’s website located at www.casapalmbeachgalapagos.com.
   
   
2. RESPONSIBLE PARTY:
   Prior to arrival, Primary Guest must notify Owner by email of the names, ages and home addresses of all Guests in Primary Guest’s party.  Primary Guest and all other adult Guests must present government-issued IDs to Property Manager upon arrival. Primary Guest will be responsible for the actions of all Guests and visitors to the Property during the Rental Period, and any loss or damage caused by them. Any reservation found to be obtained under false pretense will be subject to immediate termination and all payments made with respect thereto shall be forfeited.
   
   
3. RENT AND PAYMENT TERMS:
   In order to make a reservation, Primary Guest must complete the booking process and pay the Total Rent through the Website.  Reservations will not be considered final until payment has been fully processed.  Reservations are non-transferable.  Primary Guest agrees that the credit card or other payment source that is used to pay the rent may be used by Owner for any other charges that may become due from Primary Guest pursuant to this agreement.  Primary Guest assumes all liability and will be financially liable for any loss or damage to the Property caused by anyone, other than Owner’s staff, during the Rental Period.  Rates are subject to change and may vary depending upon the season.  Reduction of the advertised rental rates after a reservation has been made will not be grounds for a refund.  If a discrepancy arises between information or rates quoted verbally, on the website, email or otherwise, the rate on the reservation approved by Owner will prevail. In the event incorrect information or rates are quoted due to a typographical or other error, Owner shall have the right to refuse, cancel or limit any reservations listed incorrectly. Should Owner be unable to recover costs of repairs or replacements from the credit card or other payment source on file, Primary Guest shall  provide an alternative method of reimbursement within 24 hours of notification.
   
   
4. CANCELLATION BY PRIMARY GUEST:
   If Primary Guest wishes to cancel his or her reservation, Primary Guest must send an email to [email protected] expressing an unequivocal desire to cancel.  Such cancellation notice will be deemed effective: (i) on the day of receipt by Owner if such day is a Business Day and the notice is received before 5:00 pm, Florida time; or (ii)  on the first Business Day following receipt by Owner if the notice is not received by Owner prior to 5:00 pm, Florida time, on a Business day. If a reservation is cancelled pursuant to this provision, Primary Guest will be entitled to a refund of the Total Rent paid by Primary Guest only if the effective date of the cancellation is more than 45 days prior to the scheduled check-in date.  No refunds will be issued for cancellations made 45 or fewer days prior to the scheduled check-in date.  There are no refunds for early departures, delayed arrivals, inclement weather, or other events or circumstances not caused by Owner. Trip cancellation insurance is highly recommended. The Property has features (such as surge protectors and water storage) which are intended to mitigate the impact or any utilities interruption; however, Owner cannot provide any assurance that utilities and/or Internet services furnished to the Property by third-party utility providers will be continuously available without interruption. Primary Guest assumes the risk of any such interruptions/outages and agrees that such outages/interruptions shall not be grounds for a refund.  Any refund that Primary Guest is entitled to receive pursuant to this provision will be promptly applied to the credit card or other payment source used for the original payment.
   
   
5. TERMINATION BY OWNER:
   TERMINATION WITHIN 48 HOURS AFTER BOOKING: Owner reserves the right, in Owner’s sole discretion, to terminate any booking for any reason or no reason by sending notice of such termination to Primary Guest via email within 48 hours after completion of the booking.  In the event of any such termination, Owner shall promptly refund all amounts paid by Primary Guest for such booking.
   
   TERMINATION DUE TO CASUALTY, ETC.  If, for any reason, the Property should become unhabitable due to casualty loss or other circumstances or events, Owner reserves the right to terminate the rental upon notice to the email address on file for  Primary Guest.  In the event of any such termination by Owner due to habitability issues, Owner’s sole obligation and liability shall be to promptly refund all amounts paid by Primary Guest for the unused Rental Period.

   
   TERMINATION DUE TO BOOKING SYSTEM ERROR.  Owner will endeavor at all times to ensure that the Website is properly functioning and contains accurate and complete information.  However, if Owner determines, in Owner’s sole discretion, that, due to a technical malfunction or other booking error, Owner’s booking system accepted a reservation at an incorrect rate or calculated an incorrect Total Rent or booked a period that is covered by a prior reservation, Owner reserves the right to terminate the rental upon notice to the email address on file for  Primary Guest.  In the event of any such termination by Owner, Owner’s sole obligation and liability shall be to promptly refund all amounts paid by Primary Guest for the unused Rental Period. In any such instance, Primary Guest will be given the opportunity to make a new reservation covering available dates at the applicable rental rate. Primary Guest is encouraged to purchase travel insurance.

   TERMINATION DUE TO SERIOUS VIOLATION.  The Property is continuously monitored by security cameras focused on the yard and terraza.  We respect your privacy and do not monitor any interior spaces with security cameras; however, Property Manager and other members of Owner’s staff may photograph any activities or conditions on the Property that violate the terms of this agreement. The use of the Property for any unlawful purpose is strictly  prohibited.  Should Primary Guest or any occupants violate the terms of this agreement, Owner may terminate the rental and require Primary Guest and all other persons present on the Property to immediately vacate the Property without refund.  In the event of any such termination, Owner’s representatives may enter the Property to enforce this provision and remove any items brought onto the Property by Primary Guest or others.

6. CHECK-IN:
   Check-in time is 12:00 PM (Noon). Early check-in will  be permitted only on a case-by-case basis and only with Owner’s prior written approval (availability will depend on timing of check-out of prior guests).  Prior to the check-in date, Owner will send Primary Guest an email containing Property Manager’s name and contact information.  WE RECOMMEND THAT ALL GUESTS DOWNLOAD WHATSAPP TO THEIR MOBILE PHONES PRIOR TO ARRIVAL.  Please notify the Property Manager via WhatsApp after arriving at the Baltra Airport (if arriving by air) or main pier (if arriving by boat) ensure that the Property and staff are prepared for your arrival.  Immediately following check-in, the Property Manager will provide Guests with a brief explanation of the amenities (including how to access WIFI, how to open the front door with the access code, and how to use the video doorbell to provide gate access).

7. CHECK OUT:
   Check-out time is 10:00 AM.  There is no holding over. OWNER’S PRIOR WRITTEN APPROVAL IS REQUIRED for late check-out. Cleaning and maintenance are pre-scheduled so adhering to the check-out time is very important. A fee will be charged for each hour (or portion thereof) past the required check out time and Primary Guest will be liable for any additional damages incurred, including but not limited to the cost of supplying alternative accommodations for other arriving guests.

8. KEYS/ACCESS CODE:
   Upon arrival, Primary Guest will be given an access code to lock and unlock the front door and up to 5 keys for the  pedestrian security gate that provides access to the Property from the street.  In addition, Primary Guest may obtain up to 2 room keys for each bedroom.  IT IS VERY IMPORTANT THAT GUESTS EXERCISE CARE WITH THE KEYS AS LOST KEYS POSE A SECURITY THREAT AND WILL INCUR A FEE EQUAL TO THE COST OF RE-KEYING THE LOCK AND ISSUING NEW KEYS.  Primary Guest shall not, and shall not permit any other Guest to, make copies of keys or share keys or the access code with any non-Guest.  All keys must be returned to Property Manager at checkout.

9. OCCUPANCY:
   The Property shall not be occupied by more than the number of individuals specified on the reservation.  No more than six (6) non-Guest visitors (excluding Owner’s staff) may be present on the Property at any time during the Rental Period.  No persons, other than Guests, are permitted on the Property during the overnight period from midnight to 5:00 am (provided, Owner’s staff may be present if needed).  A minimum charge of $500 per day per person may be imposed for excess occupancy. Should Primary Guest wish to entertain or have more than 6 non-Guest visitors to the Property, Primary Guest must obtain pre-approval by Owner in writing.  Under no circumstances shall Primary Guest permit the Property to be used during the Rental Period as a venue for commercial gatherings or events.

10. FURNISHINGS, DÉCOR AND AMENITIES:
    Owner has furnished and equipped the Property with unique items from around the world, including hand-crafted furniture and local and imported linens, pillows, décor, appliances and electronic devices (collectively, “Owner’s Property”).  Owner requests that you treat all of Owner’s Property with respect and care as it was very difficult to bring these items to Galapagos and some items may be irreplaceable.  Primary Guest shall ensure that all of Owner’s Property, other than beach towels, remains on the Property at all times during the Rental Period (through check-out).  In addition, Primary Guest shall ensure that each item of Owner’s Property remains in the position where it is located at check-in.  PRIMARY GUEST WILL BE RESPONSIBLE FOR ANY DAMAGE TO OWNER’S APPLIANCES OR ELECTRONIC DEVICES  CAUSED BY A GUEST’S REMOVAL OF THE OWNER-INSTALLED SURGE PROTECTOR. If there is a need to rearrange or move any item, please contact the Property Manager for approval prior to doing so.

11. COMMUNICATION:
    There is no landline telephone at the Property.  It is customary for residents to communicate with local businesses via WhatsApp.  Owner encourages Guests to download WhatsApp to their mobile devices prior to arrival and then utilize the Property’s WIFI for communications while on-site.  Please inquire with the Property Manager upon arrival to learn how to contact emergency services should the need arise.   Primary Guest shall ensure that nobody moves or tampers with the Property’s Internet equipment (Starlink modem/router in Bedroom 1 and kitchen, extenders located throughout the house, and dish on the 3^rd Floor Sundeck), security system (cameras and monitor), fire extinguisher or smoke detectors.  This equipment is sensitive and may be easily damaged or, in the case of electronic equipment, knocked offline.  If you are experiencing any problems with equipment, please contact the Property Manager for assistance.

12. DISTURBANCES:
    Primary Guest shall ensure that all Guests and any visitors behave in a civilized manner, respecting the rights of surrounding neighbors, and shall not permit Guests or visitors to create unreasonably loud noise or disturbances that unreasonably interfere with the quiet enjoyment of their property.  Owner wants Guests to enjoy the stereo system indoors and on the terraza so long as sound levels are appropriate based on the time of day and do not violate local noise ordinances or damage Owner’s stereo equipment.

13. PRIMARY GUEST’S NOTIFICATION RESPONSIBILITIES:
    On the day of arrival, Primary Guest should examine the Property, including Owner’s Property, and immediately report any deficiencies to the Property Manager. In addition, Primary Guest shall immediately notify Property Manager of any occurrences that may cause damage to the Property or neighbors’ property and take any necessary measures to mitigate damage.  Primary Guest shall be liable for any and all damages, breakage and losses that occur during the Rental Period and shall report same to the Property Manager prior to departure.

14. TOILET PAPER/GARBAGE:
    Puerto Ayora’s sewage system is not equipped to handle paper products.  Flushing toilet tissue can result in clogged toilets.  ALL USED TOILET TISSUE MUST BE FOLDED AND DEPOSITED IN THE GARBAGE RECEPTACLE LOCATED NEXT TO THE TOILET. The housekeeping staff will empty these garbage receptacles on a daily basis.  Please help our staff ensure comply with local laws regarding garbage disposal by depositing garbage in the appropriate receptacle (green – organic, including food scraps; blue – recyclable items; black – all other).  If in doubt, please ask the Property Manager or housekeeping staff.

15. NO LICENSING:
    Guests are not permitted to license or authorize the use of any part of the Property for use by third parties.

16. NO SMOKING:
    Smoking inside the house is strictly prohibited.  Primary Guest shall ensure that Guests and any visitors do not smoke inside the house.  If anyone wishes to smoke, they may do so only on the terraza or other outdoor areas, and only so long as all ashes and butts are captured in an appropriate receptacle.  Primary Guest may be fined in the event cigarette butts or ashes are discarded on the Property.  If smoking occurs inside the house during the Rental Period, Owner may terminate the rental and require Primary Guest and all other persons present on the Property to immediately vacate the Property without refund.  In addition, Primary Guest shall be financially responsible for all damage caused by the smoking, including, but not limited to, stains, burns and the cost of odor remediation and removal and replacement of damaged property.

17. PETS:
    Pets are strictly prohibited.  If a pet is brought onto the Property by a Guest or visitor during the Rental Period, Owner may terminate the rental and require Primary Guest and all other persons present on the Property to immediately vacate the Property without refund.  In addition, Primary Guest shall not leave the exterior entry gate open or otherwise permit any stray dogs to enter the Property.  Although wild animals such as birds, field mice and small lizards may, from time to time, find their way into  the yard, care should be taken to prevent them from gaining access to the house.

18. TRANSIENT OCCUPANCY:
    Primary Guest acknowledges that the rental merely provides Primary Guest and authorized Guests with a temporary license to  use the Property during the Rental Period in accordance with these Terms and Conditions and such reasonable rules as may be communicated by Owner or Property Manager to Primary Guest.  Primary Guest represents and warrants to Owner that the rental is for transient occupancy and that neither Rent nor any Guest intends to make the Property a residence or household.

19. RESTRICTED AREAS:
    Primary Guest shall not permit any Guest or visitor to sit, stand or walk on top of the railings, walls or the polycarbonate roof, or place items on the roof or enter the laundry room or exterior storage rooms.  Violation of this rule could result in a serious fall/injury, damage to the roof, and/or exposure to chemicals maintained on site for maintenance purposes.  Items in the laundry room and storage closets are intended to be accessed and used only by the Property Manager and/or staff.  In addition, Guests and their visitors are not permitted to open the gate on the rear wall.  Such rear gate leads to a neighbor’s private property and does not provide access to a public street.  Anyone exiting through that gate may be charged by the neighbor with trespassing.

20. FIRE EXTINGUISHER/SMOKE AND CARBON MONOXIDE DETECTORS:
    The house is equipped with a fire extinguisher (on the wall in next to the microwave) and smoke/C.O. detectors (on the ceilings in the upstairs and downstairs hallways).  Primary Guest shall notify Guests of the existence and location of this equipment and ensure that nobody moves or tampers with it during the Rental Period.  Primary Guest will notify the Property Manager without delay if detectors are missing, uninstalled, “chirps” or have a low battery condition.

21. SECURITY:
    Primary Guest is responsible for (i) keeping the front gate closed at all times, except when someone is entering or leaving, (ii) closing and locking doors and windows when it is prudent to do so and always when the home is unoccupied, and (iii) instructing Guests to store their valuable personal property in the safe located in their bedroom.  The Property is equipped with a video doorbell that enables a person outside the front gate to make a video call into the house and enables a person inside the house to unlock the gate by pressing a button on the video monitor.  In addition, there is a security monitor inside the house that can be used to see and hear live images and sounds captured by cameras installed outside.

22. NO NEW LOCKS OR ALTERATIONS:
    Primary Guest shall not make or permit to be made any alterations to the Property or change or add any lock under any circumstances.

23. LOST ITEMS:
    Owner shall bear no responsibility for lost, stolen or abandoned items. If the Property Manager or staff suspects that a Guest accidentally left an item of his or her valuable personal property at the Property following departure, Owner will notify endeavor to notify Primary Guest by email and, if requested, Owner will endeavor to arrange to have the item shipped in accordance with Primary Guest’s instructions at Primary Guest’s sole risk, cost and expense.  Owner shall not be held liable for the condition of said items. Any items not claimed for longer than 30 days may be donated or sold.

24. CABLE TV/INTERNET:
    Cable TV and Internet services are provided as a convenience only and are not integral to this agreement. No refund of rents shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences in regard to service.

25. AIR CONDITIONING:
    The living room and each bedroom is equipped with a powerful air conditioning unit which can cool a room very quickly.  Accordingly, there is no need to run the air conditioning in a particular room during times when the room is not in use.  Primary Guest agrees that doors and windows shall be closed when air conditioning is in operation and no air conditioner shall be operated in a room during times when nobody is present in the room.  If there is a problem with any A/C unit, Primary Guest shall immediately notify the Property Manager.  Owner will endeavor to have the problem remedied as soon as reasonably possible.  Subject to the foregoing, Primary Guest acknowledges and agrees that no discount or refund will be available due to  a malfunctioning air conditioning unit.

26. SYSTEMS / FURNISHINGS / AMENITY FAILURES:
    In the event, the Property sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances or other system or structural systems, furnishings or amenities, Owner will make every reasonable effort to repair or replace the failed system or equipment, and in such event, Primary Guest agrees to permit Property Manager and Owner’s service provider to have reasonable access to the Property to inspect and make such repairs. Under no circumstances shall Owner be liable for damages, and no refunds will be given for such failures or for any damage to a Guest’s personal property resulting from an electrical surge.  Guests are encouraged to bring surge protectors for their personal electronic devices.

27. OTHER OCCURRENCES:
    Owner does not accept liability for any loss or damage caused by but not limited to the following: weather conditions, natural disasters, pests, electrical surges, construction disturbances, pandemics, acts of God, or other reasons beyond Owner’s control. There shall be no refunds of rents because of shortened stays, ruined expectations, or departures due to work and family emergencies, illness, unavailability of any or all parts of the Home, or any other reasons. It is highly recommended that Guests purchase travel insurance.

28. WAIVER OF LIABILITY:
    Primary Guest understands that there are special risks involved for anyone, particularly children who are not carefully supervised, person(s) intoxicated, on any kind of drugs or medication, with health risks, or if pregnant. Primary Guest agrees to instruct all persons entering the Property to conduct themselves at all times in a safe and responsible manner. Primary Guest shall be fully and solely responsible for any accidents that may occur on the Property and hereby waives and releases any claim whatsoever against the Owner and its affiliates, and their respective agents, employees and contractors, including the Property Manager (collectively, “Owner Parties”), for accidents or claims.

29. HOLD HARMLESS/RELEASE:
    Primary Guest agrees to indemnify, defend and hold harmless the Owner Parties against any and all claims of personal injury, property damage, or loss arising from the use of the Property regardless of the nature of the accident, injury or loss. Primary Guest and other Guests should purchase their own insurance if such coverage is desired.  Primary Guest for himself/herself, his/her heirs, assignors, executors, and administrators, fully releases and discharges the Owner Parties from any and all claims, demands, and causes of action by reason of any injury or whatever nature which may have occurred to Primary Guest or any other Guest or visitor as a result of, or in connection with the use or occupancy of the Property. In any action concerning the rights, duties, or liabilities of the parties to this agreement, their principals, agents, successors, or assignees the prevailing party shall be entitled to recover reasonable attorney fees and costs.

30. DISPUTES:
    Any disputes under this agreement shall be governed by and interpreted in accordance with the laws of Ecuador. Any action relating to this agreement shall be filed only in the Ecuadorian court located in Puerto Ayora.  Owner and Primary Guest hereby consent to the exclusive venue and jurisdiction of such court. Primary Guest agrees to pay all reasonable costs, attorney`s fees and expenses that shall be made or incurred by the Owner to enforce this agreement.

31. PAYMENT SOURCE:
    Primary Guest agrees to provide Owner with a valid credit card or other payment source for the duration of the reservation. Primary Guest is providing the credit card or other payment source as a guarantee. Primary Guest certifies that he/she has read and agrees to abide by the terms of this agreement and agrees to pay and authorize Owner to charge any and all amounts owing pursuant to this agreement, including without limitation, charges for loss or damage.  Except as provided in Section 3 above with regard to cancellations, all transactions are final. Should Owner be unable to recover costs from the credit card or other payment source on file, Primary Guest shall provide an alternative method of reimbursement within 24 hours of notification.

32. Chargebacks:
    Chargebacks occur when your payment card provider makes a demand to Owner to return monies on a transaction which you claim is fraudulent or otherwise dispute.  We recognize that chargebacks can happen for a variety of valid reasons. However, if You make a payment-card payment in respect of a reservation and you later dispute this legitimate charge by raising a chargeback without merit (as determined at our sole discretion), whether fraudulently or otherwise, then Owner may take steps to recover any charges resulting from such an unmerited chargeback from you directly.  Unmerited chargebacks include but are not limited to: disputing a charge made in accordance with Owner’s cancellation policy; disputing a charge made in respect of the property rental in which you fail to make reasonable efforts to work with Owner to resolve any issues; disputing a charge made by Owner in accordance with this agreement; or requesting a chargeback without a legitimate reason and/or failing to provide requested supporting information in respect of a chargeback.  We take a zero-tolerance approach to chargeback fraud. Further, in the event of any unmerited chargeback request, We reserve the right to recover monies by any legitimate means available to us, including using a third-party debt collection agency or any other lawful means to recover funds successfully charged back to you in such circumstances.

33. INTELLECTUAL PROPERTY:
    Primary Guest accepts and agrees to be bound by and represents and warrants to the Owner Parties that all Guests in Primary Guest’s party have  accepted and agreed to be bound by, the terms and conditions of this Section 33.  All copyright, database rights, trademarks, and design rights in the Website and in the material published on it belong to Owner Parties or their licensors. Guests may download and print material from the Website solely for the purposes of keeping a record of the applicable reservation. Guests may not otherwise copy, transmit, modify, republish, save, pass off, or link to any content or material on the Website without Owner’s prior written consent.  Where a Guest submits content to Owner by electronic mail, through the Website, or otherwise, including any reviews, questions, comments, suggestions, ideas, or the like contained in any submissions (“Submissions”), such Guest warrants that such Guest has the legal right to do so, including the right to use any trademarks or other proprietary names or marks included therein.  Submissions containing spam or other inappropriate content are strictly prohibited.  Any Guest who provides a Submission shall be deemed to have granted to the Owner Parties a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such Submission throughout the world in any media, now known or hereafter devised; and (b) use any names included in or associated with such Submission.  Guests acknowledge that we may choose to provide attribution of their Submissions (for example, listing the Guest’s name and hometown on a Property review that the Guest submits) at our discretion, and that we may share such Submissions with our business partners. Guests further grant us the right to pursue at law any person or entity that violates our rights in the Submissions. Guests acknowledge and agree that Submissions are non-confidential. We take no responsibility and assume no liability for any Submissions. We have no obligation to post or share any Submissions we receive.  We reserve the right in our absolute discretion to determine which comments are published on the Website and/or are shared with other parties. Guests who do not agree to these terms and conditions shall not provide us with any Submissions. The provider of a Submission is fully responsible for the content of such Submission. We are not liable for any statements, representations, or other content that Guests provide in any public forum. We have no obligation to screen, edit, or monitor any of the content posted to or distributed by Guests; however, we reserve the right, and have absolute discretion, to remove, screen, or edit without notice any content posted or stored on the Website at any time and for any reason.  If it is determined that a Guest retains moral rights (including rights of attribution or integrity) in any Submission, such Guest: (i) hereby declares that such Guest does not require that any personally identifying information be used in connection with the Submission, or in any derivative works of or upgrades or updates thereto, and has no objection to the publication, use, modification, deletion, and exploitation of the Submission by Owner Parties; (iii) unconditionally and forever waives and agrees not to claim or assert entitlement to any moral rights of an author in the Submission; and (iv) unconditionally and forever releases the Owner Parties from any claims that such Guest could otherwise assert by virtue of any such moral rights.

34. ELECTRONIC CONSENT:
    By checking the box on the Website that says “I have read and agree to the website terms and conditions”, Primary Guest is agreeing to be bound by these Terms and Conditions (sometimes referred to herein as this “agreement”) and consenting to the use of an electronic signature in lieu of an original signature on paper.  The original version of these Terms and Conditions was written in English before being translated into other languages as a courtesy. In the event of a dispute about the content or the interpretation of these Terms and Conditions, or in the case of inconsistency or difference between the English version and a translated version, the English language version to the extent permitted by law shall apply and prevail. The English version is available by changing your language settings on the Website.