Web Site Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these
web site Terms and Conditions of Use, all applicable laws and regulations,
and agree that you are responsible for compliance with any applicable local
laws. If you do not agree with any of these terms, you are prohibited from
using or accessing this site. The materials contained in this web site are
protected by applicable copyright and trade mark law.

2. Use License

1. Permission is granted to temporarily download one copy of the materials
   (information or software) on Tulemar, LLC’s web site for personal,
   non-commercial transitory viewing only. This is the grant of a license,
   not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on Tulemar, LLC’s web site;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or “mirror” the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Tulemar, LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

1. The materials on Tulemar, LLC’s web site are provided “as is”. Tulemar, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Tulemar, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Tulemar, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Tulemar, LLC’s Internet site, even if Tulemar, LLC or a Tulemar, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Tulemar, LLC’s web site could include technical, typographical, or photographic errors. Tulemar, LLC does not warrant that any of the materials on its web site are accurate, complete, or current. Tulemar, LLC may make changes to the materials contained on its web site at any time without notice. Tulemar, LLC does not, however, make any commitment to update the materials.

6. Links

Tulemar, LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Tulemar, LLC of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

Tulemar, LLC may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Tulemar, LLC’s web site shall be governed by the laws of the Republic of Costa Rica without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

• Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
• We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
• We will only retain personal information as long as necessary for the fulfillment of those purposes.
• We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
• Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
• We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
• We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

Reservations & Cancellations Policy

1. Reservations

Reservations are not confirmed until your deposit or payment has been received. Rates and availability are subject to change.

2. Cancellations

All properties in Tulemar are individually owned and the proceeds of each rental go directly to that owner in order for them to pay their monthly expenses. Once a property is reserved it is removed from the availability calendar and that owner no longer has the ability to rent the property. All rental payments are non-refundable and non-transferable to other properties. This policy is strictly adhered to and we do not have the ability to make exceptions, even in difficult situations. The renter understands and accepts the risk of Force Majeure (including Covid-19) as their sole risk. Travel insurance is strongly advisable, either through our site or another provider. Click here to receive a quote from our recommended travel insurance provider.

1. If you must change your reservation to a future time for any reason, no matter what it may be, as long as your reservation is paid in full and you provide more than a 60 day notice, then your reservation can be changed and postponed for up to 24 months from your date of arrival with no change or cancellation fee. Guests that change their current reservation will be issued a credit towards their future stay in the amount that was paid but can ONLY be used in the same property that was reserved. We are not able to issue refunds.
2. If you must change your reservation to a future time for any reason, no matter what it may be and there are less than 60 days to arrival, we will not be able to move your reservation to a future date nor can we refund any payments you have made.

This policy is strictly adhered to and we do not have the ability to make exceptions, even in difficult situations. The renter understands and accepts the risk of Force Majeure (including Covid-19) as their sole risk. Travel insurance is strongly advisable, either through our site or another provider. Click here to receive a quote from our recommended travel insurance provider.

3. WAIVER -DISCLAIMER:

Tulemar, LLC, a Florida Corporation, hereinafter referred to as the COMPANY, will not assume any and all kind of liability as a result of: a.) the services that the providers offer to clients; b.) the reservations that the COMPANY book for the clients, such as, but not limited to, booking of tours and activities, restaurants, hotel and rental accommodations, and/or ground and air transportation, as well as any other service that the client requests booking of; and, c.) the Tulemar Condominio (resort) including all accommodations, offices and restaurants, common areas, roadways, hiking trails, beach (including the use of beach equipment such as kayaks, boogie boards, lounge chairs, umbrellas, etc) and shuttle vans; and, d.) any injury or damage (including death) that may result from points “a” “b” and “c” aforementioned. The COMPANY acknowledge that all of its providers are qualified for their safety, professionalism and reputation, but they offer services that may well become dangerous and do involve some type of risk related to injury, damage and/or even death. Additionally, the client acknowledges that all bookings performed by the COMPANY are executed, following instructions of the client and those services that are booked are of good reputation and quality, to the COMPANY’ best knowledge. The purpose of the tours offered by the providers and the services booked by the COMPANY, is to allow the client to explore, discover, enjoy and experience Costa Rica and its nature, however, this does not eliminate the possibility that the client may suffer or become victim of any kind of accident, which cannot be foreseen by the COMPANY. The COMPANY cannot take responsibility for the safety of the clients while they are enjoying such tours or services. The above waiver includes: a.-) The COMPANY’s employees, advisors, representatives, officers and/or shareholders; b-) Corporations related to the COMPANY; c-) The employees, advisors, representatives, officers and/or shareholders of the corporations described in point “b” aforementioned; and d-) corporation’s in which the COMPANY’S employees, advisors, representatives, officers and/or shareholders, are in turn, employees, advisors, representatives, officers and/or shareholders.

4. Drones

Drones are not allowed anywhere in Tulemar. The General Director of Civil Aviation of Costa Rica, who regulates drones, states drones are not allowed within 8 km of a civil airport and Tulemar is within 8 km of the local Quepos Airport. Their policy also protects the privacy rights of our homeowners and visitors. Tulemar is also committed to protecting all forms of wildlife within the resort and feels that drones may be a threat to birds and other tree dwellers. Thank you for understanding.