1.2 The Website is the operated by Everty Services Limitada (a company registered in Costa Rica with its registered office at 118 B Street, Trejos Montealegre Neighborhood, Escazu Village Mixed Condominium, Corporate Tower, Everty Offices, Floor: 2, Escazú, San Rafael, San José, Costa Rica) and its affiliated companies (collectively termed as “The Hive Private Residence” or “The Hive” or “we” or “our” or “us” for convenience only and are it’s not intended as a precise designation of any one particular entity).
1.4 The following are terms and conditions of a legal agreement between you (“You” or “Your” or “guest”) and The Hive and these terms and conditions shall govern your use of our Site. More specifically, by:
1.4.1 accessing and/or using the Site or the Content provided on or through the Site, and/ or
1.4.2 submitting any material and/ or information to or through our Site, and/ or
1.4.3 making a booking via our Site,
1.5 You must be at least 18 years of age to use our Site. By using our Site, you warrant and represent to us that you are at least 18 years of age.
1.6 All the information on this Site is specific to The Hive. We have taken great care to make this Site as clear, comprehensive and informative as possible and all the information here is presented with great care and attention; however The Hive will not guarantee the information is presented correctly and we assume no responsibility for any inconveniences, loss of revenue or any damages, which result from the direct or indirect use of any information provided on our Site by You or any other third party.
1.7 We also endeavor to ensure that all information presented on our Site is accurate, appropriate and up to date however, we do not make guarantees of any kind in that respect, including but not limited to the rates of The Hive listed being available at the time of a booking.
1.8 Through the Site, you have access to a variety of resources and content. These may include from time to time, but are not limited to, the following:
1.8.1 webpages, data, messages, text, images, photographs, downloads, service marks, graphics, audio and video such as podcasts and webcasts, and documents such as press releases, case studies, articles, newsletters, white papers, product data sheets, bookings and reservations (“Materials“); and
1.8.2 forums, discussion groups, chat areas, bulletin boards, blogs, wikis, e-mail functions, and other services in connection with which you can upload, download, share, email, post, publish, transmit or otherwise access or make available Content (as defined below) (“Community Services” and together with Materials and other information are collectively referred to as “Content“).
2 Copyright and Trademark notice
2.1 We, together with our licensors, own and control all the copyright, trademarks and other intellectual property rights in our Site and the Content; and
2.2 all the copyright, trademarks and other intellectual property rights on our Site and the Content are reserved;
2.3 the names, logos, trademarks, and service marks of The Hive or any other third party that appear on the Site or in the Content may not be used in any advertising, publicity, promotion, or in any other manner implying the endorsement or sponsorship of The Hive, or affiliation with any product or service, without our prior express written permission;
2.4 you acknowledge that you do not acquire any ownership rights in any and all of our intellectual property by downloading copyrighted material.
3 Promotional Information
All bookings for The Hive through the Site are handled by a third-party provider and certain necessary information is required, in order for your booking to be processed by The Hive and completed. Card payments are accepted, and your declared card must be valid until the date of Your departure from The Hive. Your card details will be passed directly to The Hive to guarantee your booking. The Hive reserves the right to take a pre-authorization on the credit/debit card prior to the date of Your arrival. If Your card has been declined, The Hive will try to contact You and reserves the right to cancel the booking if an alternative valid card is not provided. Bookings cannot be guaranteed without a valid credit/debit card. Full payment is required prior to check-in with the same valid credit/debit card, used at the time of booking. Some reservations or promotional packages may require 100% pre-payment of the stay value.
4.2 Check-in policy
The check-in time at The Hive is from two to ten (2:00 p.m. to 10.00 p.m.) local time on the check-in date.
The check-out time at The Hive is from six to eleven (6:00 a.m to 11.00 a.m.) local time on the check-out date.
4.3 Cancellation policy
Should You wish to cancel a confirmed reservation, the cancellation request must be communicated in writing. Cancellation of a booking at any time after a booking confirmation has been issued may result in forfeiture of any deposit(s). In eventual cancellation, the reservation fee is forfeited, and a cancellation fee will apply if the below cancellation policy is not met. The cancellation fee will depend on the time left to arrival, season booked and length of stay. The cancellation fee is calculated as a percentage of the total booking value and tax for the booking, using the following percentages:
Low Season (May 1st – September 30th):
Free cancellation up to 31 days prior arrival.
50% if canceled thirty (30) days or less prior to arrival.
High Season (January 2nd – April 30th; October 1st – December 17th):
Free cancellation up to 46 days prior arrival.
50% if canceled forty five (45) days or less prior to arrival.
Festive Season (December 18th – January 1st):
Free cancellation up to 61 days prior arrival.
50% if canceled sixty (60) days or less prior to arrival.
The exact timeframes and dates will be stated by booking special terms which will be communicated to You at the time of booking.
If a reservation spans more than one season, the highest cancellation fee applies.
5 The Hive’s Right to Cancel and Errors
The Site may contain technical inaccuracies and typographical or other errors in connection with information displayed on the Site, including, without limitation, rates, fees, stay details, or availability applicable to your transaction. The Hive assumes no responsibility or liability for such errors, inaccuracies, or omissions. The Hive shall have the right not to honor reservations or information affected by such errors, inaccuracies, or omissions. The Hive shall have the right to make changes, corrections, cancellations, and/or improvements to such information or reservations based on such information, at any time, including after confirmation of a reservation.
6 Payment Terms
The Hive requires all reservations to be guaranteed by a credit card or bank deposit or international wire transfer in writing by direct correspondence with our reservations department. You are required to enter a valid credit card number so as to guarantee your reservation and charges will be made according to payment policy at the time of the booking, communicated to You by our reservations department.
In case of a Promotional Offer booking, the total cost of the booking for the stay could be payable in full at the time of such booking, depending on the terms of the Promotional Offer. Failure to provide a valid credit/debit card detail for the booking could result in an automatic cancelling of the booking. Promotional Offer bookings are non-cancellable and non-amendable. In the event of cancellation or no-show, no refund will be given. Name on the reservation must be the same as the credit cardholder’s name and same individual must check-in for the stay. The credit/debit card used to book the Promotional Offer rate must be presented at the time of check-in. In case if you are paying for someone else, please get in touch with our reservation department prior to the arrival of the guest. Promotional Offers cannot be combined with any other Promotional Offer and the discount is non- transferable. We reserve the right to discontinue a promotion at any time without notice. The specific terms of a Promotional Offer will have precedence over any conflicting terms under these terms and conditions.
An advance deposit of 50% of the booking value must be paid upon confirmation of the booking and full payment must be completed at least 60 days prior to Your arrival.
General booking rates terms:
- Our prices and fees are quoted in U.S. dollars and will be charged either in US$ or in Costa Rican colones at the exchange rate on the transaction date.
- Rates and fees are subject to change without notice until confirmed with payment by You.
- Rates are quoted without applicable taxes at the time of reservation. Should the Costa Rican tax legislation change prior to check-in, the rates will be increased accordingly, and You will have to pay the difference, even if the reservation has been fully paid in advance.
- Rates are quoted on a per night or per week basis and/or as otherwise noted.
- You must inform The Hive of any changes to the number of people who will be staying at The Hive prior to check-in so that the booking value will be amended accordingly.
Prior notice of the reservation department of The Hive is mandatory in order to allow pets on The Hive and the imposition of a charge to cover the necessary cleaning is applicable, the amount of which shall be communicated to You prior to or at the time of the booking.
8 Non-smoking policy
In keeping with the global initiative and while adhering to applicable laws, rules and regulations, we are environmentally friendly and as such, our guest accommodations are exclusively non-smoking. Failure to adhere to this policy may result in a cleaning charge and/ or a fine if found to be in breach of any applicable legislation, rule and/ or regulation.
9 Occupancy and stay conditions
9.1 The total number of guests allowed at The Hive at any time is restricted to the stated limit as per number of rooms and beds available. Maximum occupancy is up to 16 guests and a maximum of 4 children are allowed with a minimum age of 12.
9.2 The Hive reserves the right to refuse entry or to expel persons not named as members of Your party.
9.3 The Hive will proceed with the guest(s) immediate eviction without refund if the guest(s) are found to be conducting unlawful activities, not abiding by any stay rules communicated to the guest(s), disturbing others by playing loud music, percussion, audio or instruments, or cause any loud or offensive noises, have made any misrepresentations about the nature or size of the group, or the use of the property, or any other misrepresentations or any other way in breach of the rental agreement.
9.4 No catering, parties, outside music, weddings or gatherings are allowed without prior written permission from The Hive, additional charges may apply.
9.5 Any agents and/or representatives of The Hive may enter the property at reasonable times to make repairs or provide maid service.
9.6 You shall not permit any use of pools or hot tubs by unsupervised children or other people, and shall keep gates closed. Guest and other invitees shall use the pools and hot tubs at their own risk.
9.7 As guest(s) at The Hive, You:
- may not sublet the property.
- are responsible for the property, its contents, and themselves during occupancy.
- must immediately notify The Hive agents and/or representatives of any fire and/or other damage to property.
- shall not permit any use of pool or hot tub by unsupervised children or other guests and shall use such pool or hot tub at their own risk.
- agree that neither The Hive, nor the property owner will be held responsible for:
– acts of theft or vandalism or other damages to the guest’s personal items left in the property.
– personal items left on the property by guest upon departure.
There is an agent on-call 24 hours a day for emergencies which the guest can reach via a dedicated phone line available on the property. Non-emergencies will be noted and handled the following day during office hours.
If you have been provided with a login and password, then any such login and password are for your personal use only. You may not reveal your login or password to anyone else or permit anyone else to use your login and password to access the Site. You are responsible for maintaining the confidentiality and security of your login and password and accept responsibility for all activities that occur under your account or password. You must notify The Hive immediately in the event that the security of your login or password has been breached or any how compromised.
13 License to use our Site
13.1.1 view pages from our Site in a web browser;
13.1.2 print pages from our Site;
13.1.3 download pages from our Site;
13.1.4 stream audio and video files from our Site;
13.1.5 store, display on your electronic device, listen to and play material that we publish, broadcast on the Site or make available for download through the Site,
13.3 You may only use our Site for your own personal, informational and / or non-commercial purposes and you must not use our Site for any other purposes.
13.5 Unless you own or control certain relevant rights in the said material and/or Content, you must not:
13.5.1 re-publish any material and/or Content;
13.5.2 sell, rent, license or sub-license any material and/or Content;
13.5.3 publicly screen any material and/or Content;
13.5.4 use or exploit any material and/or Content for a commercial purpose; or
13.5.5 redistribute any material and/or Content for any purpose.
13.6 Notwithstanding the provisions of section 12.5, you may only redistribute our newsletters or articles or case studies from our Site, in print and electronic form to any person that are intended for such purpose.
13.7 We reserve the right to restrict access to certain sections/ parts of our Site, or our entire Site as a whole, at our discretion. Pursuant to this section, you must not circumvent or evade, or attempt to circumvent or evade, any restriction of access measures on our Site.
14 Acceptable use
14.1 You must not:
14.1.1 use our Site or Content in any way or take any action that causes, or may cause, damage or impairment of the performance, availability, visibility or accessibility of the Site or the Content;
14.1.2 use our Site or Content in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
14.1.3 use our Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
14.1.4 conduct any systematic or automated data collection activities (including, without limitation to, scraping, data mining, extraction and data harvesting) on or in relation to our Site without our clear and express written consent;
14.1.5 access or otherwise interact with our Site using any robot, spider or other automated means;
14.1.6 use data collected from our Site for any direct marketing activity (including but without limitation to email marketing, SMS marketing, telemarketing and direct mailing);
14.1.7 use our Site or Content in any way that is false or misleading;
14.1.8 use our Site or Content in a way or take any action that is defamatory, degrading or derogatory of another;
14.1.9 use our Site in any way or take any action that violates or disrespects another person’s privacy or includes any copies of another person’s confidential, sensitive or personal data.
14.2 You must not use data collected from our Site to contact individuals, companies or other persons or entities.
14.3 You must ensure that all the information you supply to us through our Site, or in relation to our Site, is true, accurate, current, complete and non-misleading.
15 User details on Site
15.1 If you submit your application for a job at The Hive through our Site, you are responsible to ensure that the information you submit (including but not limited to, your full name, email address, phone number, cover letter and curriculum vitae) is accurate, current and true.
15.2 If you submit any enquiry and or any other information on our Site, you are responsible to ensure that the information you submit (including but not limited to, your full name, email address, phone number and location) is accurate, current and true.
16 Your content: license
16.2 To the extent permissible by law, you grant to us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free and fully sub-licensable license to use, reproduce, modify, store, adapt, publish, publicly perform, publicly display, broadcast, transmit, translate and distribute your content in any existing or future media and/ or in relation to the Site and/ or any successor website, for any purpose and in any form, medium or means of technology.
16.3 You grant to us the right to sub-license the rights licensed under section 16.2.
16.4 You grant to us the right to bring an action for infringement of the rights licensed under section 16.2.
16.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
16.6 You may edit your content to the extent permitted using the editing functionality made available on our Site.
16.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
16.8 You hereby warrant that:
16.8.1 you have the authority and right to grant this license; and
16.8.2 The Hive’s exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third-party rights.
17 Your content and personal information: general rules applicable
17.2 Your content and your personal information must not be illegal or unlawful and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
17.3.1 be libelous, untrue, inaccurate, misleading or maliciously false;
17.3.2 be obscene or indecent or not in good taste;
17.3.3 infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or any other intellectual property right;
17.3.4 infringe any right of confidence, right of privacy or right under data protection legislation;
17.3.5 constitute negligent advice or contain any negligent statement;
17.3.6 constitute an incitement to commit a crime;
17.3.7 be in contempt of any court or in breach of any court order;
17.3.8 be in violation of racial or religious hatred or discrimination legislation;
17.3.9 be blasphemous;
17.3.10 be in breach of official secrets legislation;
17.3.11 be in breach of any contractual obligation owed to any person;
17.3.12 depict violence in an explicit, graphic or gratuitous manner;
17.3.13 consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
17.3.14 constitute spam; and
17.3.15 be offensive, deceptive, racist, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.
18 Limited warranties and Termination of use
18.1 To the extent permitted by applicable law, we do not warrant or represent:
18.1.1 the completeness, reliability or accuracy of the information published on our Site;
18.1.2 that the material or Content on the Site is up to date;
18.1.3 that the Site or any service on the Site will remain available;
18.1.4 to monitor the Site or screen the Content that is shared or submitted on or through the Site, notwithstanding the fact that we reserve the right to review the Site and Content and to monitor all use of and activity on the Site and to remove or choose not to make available on or through the Site any Content in our sole discretion;
18.1.5 that the Site or Content therein will meet your requirements;
18.1.6 that the Site will be available on an uninterrupted, timely, secure or error-free basis; and
18.1.7 that the quality of any information or Content, viewed, read or obtained by you on or through the Site will meet your expectations.
18.2 We reserve the right at any time without notice or explanation at our sole discretion, to discontinue or modify any or all of our Site Services, to stop publishing our Site, to discontinue providing or limit access to the Site and to discontinue or modify or stop publishing any material or Content on our Site.
18.5 We may at our sole discretion terminate or limit your access to or use of the Site if we determine that you have infringed the copyrights of a third party.
18.6 We may remove Content that is confidential and/ or proprietary to a third party without that third party’s permission.
18.7 Except where expressly provided otherwise, the Site and all Content provided on or through the Site, are provided on an “as is” and “as available” basis.
19 Limitations and exclusions of liability
19.1.1 limit or exclude any liability for death or personal injury resulting from negligence;
19.1.2 limit or exclude any liability for fraud or fraudulent misrepresentation;
19.1.3 limit any liabilities in any way that is not permitted under applicable law; or
19.1.4 exclude any liabilities that may not be excluded under applicable law.
19.2 The limitations and exclusions of liability set out in this section 18 and elsewhere in these terms and conditions:
19.2.1 are subject to section 18.1; and
19.2.2 govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
19.3 To the extent that our Site and the information and Services on our Site are provided free of charge, we will not be liable to you for any direct, indirect, incidental, special or consequential loss or damage of any nature.
19.4 We will not be liable to you in respect of any direct, indirect, incidental, special or consequential losses arising out of any event or events beyond our reasonable control.
19.5 We will not be liable to you in respect of any direct, indirect, incidental, special or consequential business losses, including (without limitation to) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
19.6 We will not be liable to you in respect of any direct, indirect, incidental, special or consequential loss or corruption of any data, database or software.
19.7 You hereby acknowledge and accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
20.1.1 send you one or more, formal warnings;
20.1.2 temporarily suspend your access to our Site;
20.1.3 permanently prohibit you from accessing our Site;
20.1.4 block computers or other electronic devices using your IP address from accessing our Site;
20.1.5 contact any or all of your internet service providers and request that they block your access to our Site;
20.1.6 commence legal action against you, whether for breach of contract or otherwise; and/or
20.2 In any event that we may suspend or prohibit or block your access to our Site or a section of our Site, you must not take any action to circumvent such suspension or prohibition or blocking.
21 Waiver and Severability
22 Third party rights
22.3 The Site provides links to websites and access to content, products and services of third parties.
22.4 We are not responsible for third party content provided on or through the Site or for any modifications or updates to such third-party sites and you bear all risks associated with the access to, or use of, such websites and third-party content, products and services.
23 Entire agreement
24 Law and jurisdiction
24.2 Any disputes, claims or obligations (whether contractual or non-contractual) arising out or in connection with it or its subject matter or formation shall be governed by the laws of Costa Rica and subject to the non-exclusive jurisdiction of the courts of the Costa Rica.
25 Our contact details
25.1 This website is operated by Everty Services Limitada.
25.2 You can contact us:
25.2.1 by post, using the postal address given above and the addresses published on the Site;
25.2.2 using our Contact Us section on our Site;
25.2.3 by telephone, on the contact number published on our Site; or
25.2.4 by email, using the email address published on our Site.
© Copyright 2022 The Hive Private Residence®, Everty Holdings Ltd. All rights reserved. Most properties are independently owned and/or operated.