Terms and Conditions / Waiver

1. ARRIVAL AND DEPARTURE TIMES

Guests may check-in from 3.00 p.m. on the scheduled day of arrival. On the day of departure, we kindly ask all guests to vacate their rooms by 12.00 pm. Our guest may request different check-in or check-out times which will be subject to availability and at the discretion of Kasiiya.

2. REGISTERED GUESTS

Only the specified number of persons listed in the Rental Agreement at the time of booking may reside on the premises. The number of registered guests given at the time of the booking is the maximum number of persons allowed. If the representative of the property will find out that an additional number of guests are staying at the property, it is the absolute discretion of Kasiiya to ask the extra person or persons to vacate the premises. Otherwise, each additional person will be charged a published rate of $500 USD per night. The maximum occupancy per suite is 2 adults and 1 child.

3. MINIMUM STAY REQUIREMENTS

There is no minimum stay requirement for most of the year. For availability and minimum stay requirements during peak season (Christmas & New Year) please enquire at reservations@kasiiya.com. 

4. WEDDINGS & EVENTS

Please ask for more details at reservations@kasiiya.com

5.PAYMENT REQUIREMENTS

In order to secure a reservation, credit card details have to be provided at the time of booking.

* For bookings during High and Low Season (January 6 to April 4; April 15 - December 20), full payment is required 30 days prior to check-in date.

* For bookings during the Peak Season (April 5 to April 14; December 21 to January 5), full payment is required 90 days prior to check-in date.

* For Early Bird Bookings, 100% payment is required at the time booking.

* For all Last Minute Bookings (29 days or less before arrival date), full payment is due within 24 hours of booking.

All payments shall be effected via bank transfer or debit/credit card. If funds are not received within
5 banking days after the day of booking, the reservation shall be deemed to have been cancelled and Kasiiya reserves the right to allocate the property to another client.

6. SECURITY DEPOSIT

A security deposit of 1 night is required which will be requested by Kasiiya at check-in. The security deposit can be paid via credit card. This security deposit will be returned within 48 hours after the successful check out. In the event that the suite is damaged or any breakages occur during the rental period including both inside and outside, the costs will be deducted from this security deposit. This excludes normal and acceptable wear and tear. The condition of the property will be judged at the sole discretion of the manager of the property. If damages were to exceed the amount of the security deposit, the guest will be held liable to pay the outstanding amount to Kasiiya as soon as possible.

7. CANCELLATION POLICIES

If it becomes necessary to cancel all or any part of the booking, this cancellation must be notified in writing (email acceptable). The cancellation will take effect from the day the written confirmation is received. The following cancellation charges will be applicable depending on when the notification of the cancellation is received in writing and the period of stay in the retreat.

All cancellations made by the guest are subject to penalties below:

LOW / HIGH SEASON (January 6 to April 4; April 15 - December 20):

* If a reservation is cancelled 30 days or less prior to the arrival date, 100% of the reservation will be charged.

* Cancellation policies may apply to modifications or night reductions made 30 days or less prior to the arrival date.

PEAK SEASON (April 5 to April 14; December 21 to January 5):

* If a reservation is cancelled 90 days or less prior to the arrival date, 100% of the reservation will be charged.

* Cancellation policies may apply to modifications or night reductions made 90 days or less prior to the arrival date.

At the discretion of the Kasiiya Management and subject to the variation of our annual prices and availability, the value of your reservation can be spent on a later booking with Kasiiya within a calendar year.

8. GUEST SAFETY AND INSURANCE

While Kasiiya will do its best to ensure the safety of our guests, all guests are required to take due care during their stay and follow the safety instructions and regulations given at arrival and the procedures within the property. All children must be under the direct supervision of an adult at all times.

Guests are required to have both liability and comprehensive travel insurance that provides coverage including, but not limited to, cancellation, loss and damage to baggage and other property, and flight delays. Guests should also carry health coverage that includes evacuation and repatriation. The retreat’s owner is not responsible to you and your party for any and all claims including any accidents related to the use of the property facilities or locally procured third party services such as, watercraft, water sports, jeep or motorbike rental etc. All guests are required to sign a waiver at the time of booking.

9. FORCE MAJEURE

In the event of such incidents as fires, floods, civil disturbances, severe weather, civil disturbances affecting the destination, Acts of God, and any other type of delay, inconvenience, or expenses caused directly or indirectly by events outside of the owner’s control, Kasiiya cannot be held responsible.

10. COMPLAINTS PROCEDURE

Kasiiya is extremely committed to provide our guests with the best possible experience at our retreat. Any problems or complaints regarding your stay at Kasiiya should be discussed with the Kasiiya Management. We endeavour to deal with any concerns in a timely manner.

11. BEHAVIOUR

It is Kasiiya’s policy that all our guests have the right to be treated with dignity and respect and as a responsible retreat we believe that we have a duty to our guests to protect them from inappropriate behaviour. Should any actions by a guest be deemed inappropriate by Kasiiya Management, the retreat at their absolute discretion, may ask the offending party to leave the premises. In this case, no refund may be claimed from Kasiiya.

In addition, guests are neither allowed to bring any illegal substances into the retreat nor to use or consume any illegal substances on the premises. For the safety and comfort of all our guests, Kasiiya does not accept any unlawful behaviour. The Police will be immediately contacted if there is any violation. For the safety of our guests and local employees, as well as for protection of property, guests may not bring outside guests back to the retreat.

12. TRAVELLING WITH CHILDREN

Children up to the age of 11 years will be accommodated free of charge using the existing furniture (sofa bed). Teenagers between 12 and 16 years old are considered adults and an additional fee of $150 per night + tax will be applicable if they wish to share the suite with their parents using the sofa bed.

13. PETS POLICY

In respect of all our guests, Kasiiya operates a "No Pet Policy” in the retreat and on surrounding properties. Service animals may be allowed at the discretion of Kasiiya Management. Please advise when making a reservation if bringing a guide dog or service animal to Kasiiya so we may prepare for arrival accordingly.

14. NO SMOKING

Due to Costa Rican’s strict smoking regulations, there is no smoking permitted in the suite or common areas of the property, such as lobby, restaurant, spa, etc. Smoking must be done outside on the grounds, only in the designated areas.

15. FOOD AND BEVERAGES

Mini-bar facilities are available in each suite and will be stocked. Please notify the retreat of any special requirements. All bookings include a Chef Service for Breakfast, Lunch, Dinner, beverages (limited alcoholic beverages) and snacks.

16. LINENS AND TOWELS

Linens and towels are provided by Kasiiya and due to our eco-friendly Save the Planet policy, linens are changed every third day, more often if required by the guest. Towels are replaced after placement in the shower. Laundry of valuable personal clothing by a third party can be arranged at an extra cost, Kasiiya cannot take responsibility for any loss or damage by the third party.

17. TRANSFERS

Airport pick up and return is included in the rates for any bookings of individual suites with a minimum stay of 4 nights. Guests may arrange any additional transfers through Kasiiya Management with applicable fees.

18. UTILITIES

Utility costs are included with the rent. In order to provide our guests with the authentic Kasiiya experience, we are highly committed to preserve the eco-system and we kindly request our guests to have all windows and doors closed while using the air-conditioning. When leaving the suite all air-conditioning must be switched off. Our commitment to a zero footprint also restricts Kasiiya from using high consumption equipment like hairdryers. Therefore, Kasiiya does not provide any hairdryers and guests must refrain from using their own hairdryers or other high consumption equipment.

19. FURNITURE

In order to provide an authentic experience to all our guests, interior furnishings must remain inside the suite, and only designated outdoor furniture can be used on the exterior.

20. VALUABLES

Valuable items such as passports, cell phones, cameras, traveller checks, cash or jewellery should be stored in a safety deposit box provided in the suite. Neither the retreat nor the staff is responsible for any valuables left behind, lost, or damaged.

21. ARTWORK

Guests must be aware that each suite contains precious contemporary and antique pieces of art unique to that suite, and must take care to avoid causing any damage to them. Any artwork or antiques damaged during the rental period will be the responsibility of the guest and the costs set off against the aforementioned security deposit. If damages exceed the security deposit, the guest is liable for the remaining damages and must compensate Kasiiya the difference in cost.

22. JURISDICTION

Any disputes arising out of your stay at Kasiiya or relating to these terms & conditions are governed by the local law of Costa Rica, any disputes shall be settled only in the courts of Costa Rica.

23. CHANGES TO THESE TERMS & CONDITIONS

Kasiiya reserves the right to change, amend, vary or add to these Terms and Conditions at any time without prior notice.

Waiver

By ticking the box and proceeding with the booking you waive important legal rights; including the right to sue. Please read carefully! Participants must be 18 or older or accompanied by an adult.

DISCLAIMER CLAUSE

Kasiiya Papagayo (hereinafter referred to as “The Releasees”) are not responsible for any injury, loss, death or damage of any kind that may be suffered by any person while participating in any of the activities such as kayaking, stand up paddling, snorkeling, slack line, tree climbing, trekking at the resort and others. Whereas THE RELEASEES make their best effort to provide services and equipment to the highest standard, THE RELEASEES are not responsible for any injury, loss or damage of any kind that might occur as a result of usage by any person of such services or equipment.

DESCRIPTION OF RISKS

In consideration of my participation in any activities at Kasiiya, I acknowledge that I am aware of the possible RISKS, DANGERS AND HAZARDS associated with those activities, including THE POSSIBLE RISK

OF SEVERE OR FATAL INJURY TO MYSELF OR OTHERS.

These risks include, but are not limited to:

* Muscular injuries and soft tissue injuries, broken bones, bruises, scrapes, cuts, sprains, dislocation, head, facial, eye and/or dental injuries which might result from participation in activities at Kasiiya;

* Injuries resulting from falling or being knocked down or walking up or down steep steps, where a fall may cause injury or death;

* Injuries resulting from rough terrain, failure to see an obstacle, failure to negotiate a turn, etc.;

* Injuries resulting from walking on a hill, slipping and/or falling;

* Injuries resulting from malfunctioning of equipment or misuse of equipment whether owned, designed or operated by myself or the Releasees’ staff;

* Injuries resulting from encounters with animals on land or in the water (the propensity of any wild animal to behave in ways that may result in injury, harm, or death to persons, other animals or objects and the unpredictability of a wild animal’s reaction to such things as sounds, sudden movement, tremors, vibrations, unfamiliar objects, persons or other animals);

* Changes in weather or temperature which may result in hypothermia, frostbite, windburn, sunburn, cold or flu;

* Death, injuries or illness resulting from failure to follow directions from the parties in charge of the program and all related activities;

MEDICAL/HEALTH & TRAVEL INSURANCE

1. I AM SOLELY RESPONSIBLE for selecting and purchasing adequate medical/health insurance. The Releasees will not provide any medical/health insurance. In the event of a medical/health problem, the Releasees do not accept any responsibility for any costs associated with a medical/health problem nor will they pay for any medical/health expenses that may be incurred by the participant.

2. I AM SOLELY RESPONSIBLE for selecting and purchasing adequate travel insurance. The Releasees will not provide any travel insurance. The travel insurance should include cover against theft, personal accident, personal liability, evacuation, repatriation and cancellation of tickets among other coverages. The Releasees do not accept any responsibility for any costs associated with these types of problems nor will they pay for any expenses that may be incurred by the participant relating to these areas.

I freely accept and assume full responsibility to provide myself with medical/health and travel insurance coverage.

MEDICAL CONDITIONS

I agree to advise the organizers of the activity of any existing medical conditions or injury prior to the beginning of such activity.

INDEMNIFICATION AND RELEASE OF LIABILITY

In return for allowing me to voluntarily participate in the program and all related activities, I agree:

1. TO ASSUME AND ACCEPT ALL RISKS arising out of, associated with or related to my participation in any activities, notwithstanding such risks may have been caused by the negligence of the Releasees;

2. TO BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE which I might sustain while participating in any activities, notwithstanding such injury, loss or damage may have been caused by the negligence of The Releasees;

3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to the personal property of, or personal injury to any third party resulting from my participation in any activities;

4. TO HOLD HARMLESS, INDEMNIFY AND RELEASE THE RELEASEES from any liability for any and all claims, demands, actions and costs which might arise out of my participation in any activities, notwithstanding such claims, demands, actions and costs may have been caused by the negligence of The Releasees.

ACKNOWLEDGEMENT

BY TICKING THE BOX AND PROCEEDING WITH THE BOOKING I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT, that I have executed this agreement freely and voluntarily, and that this agreement is to be binding upon myself, my heirs, executors, administrators and representatives.