SPACE CONCESSION AGREEMENT
SUBSCRIBED BETWEEN THE GUEST OR CUSTOMER AND
GOLDEN SEA CASA BOUTIQUE S.A.S
BETWEEN
GOLDEN SEA CASA BOUTIQUE SAS. company identified with NIT 901.587.225-8, legally represented by JAIME CARDONA CANAL, identified with citizenship card number 79.147.111, registered in The Chamber of Commerce of Colombia under n° 901.587.225-8], having its principal office at Santiago de Cali, Valle del Cauca, Colombia hereinafter “THE GRANTOR”.
AND
The client, guest or the person who rents the house or room/s, hereinafter “THE CONCESSIONAIRE”
IT IS AGREED as follows:
I.- THE GRANTOR declares, through its legal representative:
a. That it is a company duly constituted in accordance with the laws of The Republic of Colombia.
b. That its legal representative has been conferred sufficient power to represent and bind its legal actions in this agreement, as stated in the certificate of the chamber of commerce of Colombia.
c. That is currently the owner of Golden Sea Casa Boutique located in the Aguamansa sector, in Providencia, Colombia.
d. That it has all the legal authorizations, fully verifiable in the filing documents of the company.
e. That. in order to suit his interests, requires granting the use of a certain space in favor of THE CONCESSIONAIRE.
II.- THE CONCESSIONAIRE declares:
a. That Colombian citizen (or if it is a legal entity) a company duly constituted in accordance with the laws of Colombia, or foreign citizen.
b. That its representative has been conferred sufficient power to represent and bind it in this act, as stated in the certificate of the chamber of commerce.
c. That the client wishes to use a certain space of Golden Sea Casa Boutique located in the Aguamansa sector, in Providencia, temporarily or for a period of time that will be defined in this agreement.
d. That he knows and acknowledges that THE GRANTOR acts through this agreement as the owner of the Golden Sea Casa Boutique.
THE PARTIES declare that it is their will to subscribe this agreement, for which it is not affected by error, force or fraud or any other vice of consent. therefore, THE PARTIES are subject to this agreement, in accordance with the following:
CLAUSES:
- SUBJECT-MATTER OF THE AGREEMENT
Subject to the terms of this Agreement, THE GRANTOR, grants in favor of THE CONCESSIONAIRE who accepts by signing this agreement, the use of a space in Golden Sea Casa Boutique located in the Aguamansa sector in Providencia, consisting of 500 square meters of built area and 9,800 square meters of lot, located in the Aguamansa sector behind Posada de Gina towards the sea, at your own risk but under the surveillance and control of THE GRANTOR.
1.1. Movable and/or decorative objects allocated in the property, will be described in Annex 1 of this agreement. (Inventory)
1.2 The personnel required or used by THE CONCESSIONAIRE in the concession area, will be of its entire responsibility and will not have any type of legal link or subordination with THE GRANTOR.
1.3 For the purposes of this agreement, THE PARTIES agree and accept that, under no circumstance THE GRANTOR by subscribing to this agreement, is handing over to THE CONCESSIONAIRE the possession of the Boutique House described in this contract.
2. CONCESSION PERIOD
Subject to the extension and termination provisions in this Agreement, the Concession Period shall be for the days that have been agreed and confirmed in the prior reservation (calendar days), counted from the arrival at the house «Golden Sea Casa Boutique»).
2.1 Extension of the Concession Period
Without prejudice to any extension of the Concession Period to which THE CONCESSIONAIRE might otherwise be entitled pursuant to the terms of this Agreement, the Concession Period may be extended by mutual agreement of the parties upon such terms as may be agreed, prior to its expiration. If the parties agree nothing, the contract ends by the mere expiration of the term and therefore THE CONCESSIONAIRE must deliver the property the day following the expiration of the term. In accordance with the foregoing, there will be no automatic extensions of the contract.
3. CONCESSION FEES – FINANCIAL OBLIGATIONS OF THE CONCESSIONAIRE
In consideration for the granting of the Concession Rights, the Concessionaire shall pay to THE GRANTOR, the sum corresponding to the 100% rate for each night, which depends on the type of reservation made, to confirm the booking.
4. OBLIGATIONS OF THE GRANTOR
Subject to the terms of this Agreement, THE GRANTOR undertakes to:
1. Make available to THE CONCESSIONAIRE the space described in the first clause of the present agreement, which will apply by signing this agreement.
2. Supply THE CONCESSIONAIRE a copy of the contract.
3. Periodically review and verify the hygiene and safety conditions of the Movable and/or decorative objects described in Annex 1 of this agreement.
4.Take care of and guard the personal property or merchandise that are in the hotel.
5. Others inherent to the nature of the contract.
5. OBLIGATIONS OF THE CONCESSIONAIRE
Subject to the terms of this Agreement, THE CONCESSIONAIRE undertakes to:
1. Fully comply with the subject-matter of the Agreement.
2. Pay the value of the concession in the amount and manner agreed upon.
3. Comply with the administrative regulations of THE GRANTOR that are related to or affect the use of the granted space
4. Return the space granted at the expiration or termination of the agreement in the same state in which it was received.
5. Respond to THE CONCESSIONAIRE in the event that their furniture is damaged or deteriorated, by actions attributable to misuse of the granted space.
6. Not change the destination of the granted space.
7. Take the necessary measures for the conservation and good use of the granted space.
6. STATE OF THE GRANTED SPACE
THE CONCESSIONAIRE declares to have received the granted space in good and optimal condition and undertakes to maintain it in the same condition, taking into account the normal deterioration of objects within time.
7. UNILATERAL TERMINATION OF THE AGREEMENT
THE GRANTOR shall terminate this contract for the following reasons:
7.1. Due to breach by THE CONCESSIONAIRE of the contractual stipulations or legal provisions.
7.2. For non-payment of the value agreed in this contract.
7.3. Due to a change in the destination of the granted space
The termination does not require a judicial declaration and operates by the mere occurrence of the cause.
There will be no place for THE GRANTOR to recognize and pay any compensation in favor of THE CONCESSIONAIRE when the CONCESSION ends due to any of the above causes.
8. TERMINATION OF THE CONTRACT
In addition to the cases provided before as for unilateral termination, this contract will end:
1) By mutual agreement of the parties;
2) Due to the expiration of the term of the contract;
3) Due to death or permanent disability of THE CONCESSIONAIRE.
4) General cases determined by the law of The Republic of Colombia
9. INSURANCE.
THE CONCESSIONAIRE undertakes to maintain the necessary insurance or policies to cover the risks that may affect the goods or merchandise allocated in the granted space.
10. PROHIBITIONS OF THE CONCESSIONAIRE:
THE CONCESSIONAIRE undertakes not to:
- Totally or partially change the destination of the granted space,
- Use or occupy neighboring areas of the granted space with implements, equipment or other goods, without the prior written consent of THE GRANTOR.
- Assign the contract to third parties, without prior, express and written authorization from THE GRANTOR. 4. Carry out improvements or additions to the space given in concession, without the authorization of THE GRANTOR.
11. EXECUTIVE TITLE AND OTHER REQUIREMENTS
This agreement and the statement of THE GRANTOR indicating the amounts owed and the due dates, will lend executive merit for the collection of the sums of money owed by THE CONCESSIONAIRE in favor of THE GRANTOR, taking into account the agreed price.
THE CONCESSIONAIRE states that it resigns any requirement, private or judicial, to make the respective obligations effective. Consequently, THE CONCESSIONAIRE will be in default of paying the value of the concession when it does not attend to its timely payment as agreed in this contract, and will also be in default of restoring the space if it is not delivered within the estimated term.
12. EXEMPTION OF LIABILITY:
THE GRANTOR is not responsible for any damage or harm that THE CONCESSIONAIRE or its employees may suffer due to: Fire and/or lightning; earthquake, tremor and/or volcanic eruption and subsequent fire; explosion and subsequent fire; mutiny, strikes and/or popular riots and subsequent arson, terrorism; fall of aircraft, objects fallen from them and/or collision of ground vehicles; hurricane, typhoon, tornado, cyclone, gale force winds and/or hail; flood and/or tidal wave; water damage; personal accidents that THE CONCESSIONAIRE or its dependents may suffer.
In the event that the CONCESSIONAIRE is in charge of minors during the duration of the concession of the space, which could entail a potential risk of accidents within the establishment that is granted, as well as the possibility of death of the minor or the CONCESSIONAIRE , or any of their dependents, as well as any other sports activity that they carry out during their stay, whether for any reason: running and slipping, drowning in water, physical condition, actions of other people, omission in child care, negligence , or lack of care, will be responsible and WILL EXCLUDE the GRANTOR from any type of responsibility.
In this sense, the CONCESSIONAIRE expressly declares that it RESIGNS and RELEASE the GRANTOR for any circumstance and/or for death, disability, personal injury, damage, theft or for any action that may be incurred during the course of your stay at the hotel and In the same way, you certify that you have read this document and that you fully understood its content.
13. ADDRESS:
The address is established as Isla de Providencia, Aguamansa sector.
14. CONTRACT DOCUMENTS:
a) the record of inventory of personal property and merchandise that will be in the granted space; b) the other documents produced in the development of the contract.
Having read this instrument and duly aware of its content and scope, they accept it and sign it by clicking on «I accept the terms and conditions of the contract» on the website.
THE CONCESSIONAIRE
Address: Calle 5ta D oeste #15-29
Email: goldenseaprovidence@gmail.com
Phone Number: 3212272744