Dear Prospective Purchaser: We understand that you are ... - Atlantis
Dear Prospective Purchaser: We understand that you are ... - Atlantis
Dear Prospective Purchaser: We understand that you are ... - Atlantis
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<strong>Dear</strong> <strong>Prospective</strong> <strong>Purchaser</strong>:<br />
<strong>We</strong> <strong>understand</strong> <strong>that</strong> <strong>you</strong> <strong>are</strong> considering purchasing a condominium-hotel unit in The Reef <strong>Atlantis</strong><br />
(also known as The Residences at <strong>Atlantis</strong>), a unique condominium-hotel development on Paradise<br />
Island, The Bahamas, and <strong>that</strong> <strong>you</strong> have requested information concerning the availability of rental<br />
programs for units <strong>that</strong> will not be occupied year round by their owners. <strong>We</strong>, Island Hotel Company<br />
Limited, the company <strong>that</strong> will administer the <strong>Atlantis</strong> Rental Program (as defined below), <strong>are</strong> providing<br />
the following information which explains our rental program generally and includes a section<br />
containing a prospective purchaser’s most frequently asked questions. If <strong>you</strong> have any further questions,<br />
please feel free to contact our Owner Services Team at ReefOwnerServices@kerzner.com or<br />
call us at 242-363-6991. <strong>We</strong> look forward to welcoming <strong>you</strong> to the property upon completion of the<br />
building and serving as <strong>you</strong>r rental program operator of choice.<br />
It is a requirement of Bahamian law <strong>that</strong> units in a condominium-hotel must remain within the hotel’s<br />
general rental inventory for a minimum period of 9 months per year, or be subject to significant customs<br />
duties and stamp duties thereon.<br />
Regardless of whether <strong>you</strong> participate in the <strong>Atlantis</strong> Rental Program (as defined below), all units at<br />
The Reef <strong>Atlantis</strong> will be governed by a Unit Management Agreement, under which we, as the primary<br />
operator of <strong>Atlantis</strong>, Paradise Island, will perform certain services for the unit, including standard<br />
check-in and check-out procedures, issuing room keys and collecting various charges related to<br />
residency in the unit (including the Resort Access Fee defined below). The “Resort Access Fee” will<br />
be charged to “Unit Owners” for housekeeping and similar resort services provided by us as well as<br />
for access to the facilities of <strong>Atlantis</strong>, Paradise Island, on the same basis as a resort guest, including<br />
complementary use of the pools and water park, and use of the sports facilities, spa and golf course,<br />
at the same rates as other resort guests. The Resort Access Fee will be US$150 for a JR Suite,<br />
US$250 for a 1 Bedroom Unit, US$400 for a 2 Bedroom Unit, and US$600 for a Penthouse Unit per<br />
night <strong>that</strong> the unit is occupied by the Unit Owner or the Unit Owner’s guests, except <strong>that</strong> in the case of<br />
units participating in the <strong>Atlantis</strong> Rental Program, the Resort Access Fee will be reduced by 50%.<br />
At this time, we would like to extend to <strong>you</strong> an invitation to participate in the voluntary rental program<br />
<strong>that</strong> we manage as the operator of <strong>Atlantis</strong>, Paradise Island (the “<strong>Atlantis</strong> Rental Program”). Although<br />
participation in the <strong>Atlantis</strong> Rental Program will be governed by the specific terms of a Rental Program<br />
Agreement to be entered into with us and each Unit Owner, the following is intended to provide<br />
highlights of the <strong>Atlantis</strong> Rental Program and then address some frequently asked questions.<br />
Rental Program Highlights:<br />
• <strong>We</strong> will administer the rental of <strong>you</strong>r unit using the personnel and facilities of <strong>Atlantis</strong>, Paradise<br />
Island as well as personnel dedicated to The Reef <strong>Atlantis</strong>.<br />
• Subject to the requirement <strong>that</strong> <strong>you</strong>r unit remain in the <strong>Atlantis</strong> Rental Program, <strong>you</strong> may use<br />
<strong>you</strong>r unit whenever and for however long <strong>you</strong> like, subject to availability and payment of the appli-
cable fees. <strong>We</strong> will generally guarantee the availability of <strong>you</strong>r unit for up to 3 months each year if we<br />
receive notice of <strong>you</strong>r intended occupancy at least 11 months in advance. It is recommended <strong>that</strong><br />
<strong>you</strong> consider holiday and other peak usage periods and provide notice of these intended occupancy<br />
dates further in advance.<br />
• If we receive notice of <strong>you</strong>r intended occupancy less than 11 months in advance, we will make<br />
every effort to honor <strong>you</strong>r requests for <strong>you</strong>r use of <strong>you</strong>r unit subject to any confirmed reservations<br />
existing at the date of <strong>you</strong>r request.<br />
• The Resort Access Fee payable under the <strong>Atlantis</strong> Rental Program will be 50% less than the<br />
Resort Access Fee payable pursuant to the Unit Management Agreement. When <strong>you</strong> occupy <strong>you</strong>r<br />
unit <strong>you</strong> will be charged a reduced Resort Access Fee of between US $75.00 and $300.00 per night,<br />
depending upon the size of <strong>you</strong>r unit. In addition to the housekeeping and similar resort services included,<br />
the Resort Access Fee covers access to the facilities of <strong>Atlantis</strong>, Paradise Island, on the same<br />
basis as a resort guest, including complementary use of the pools and water park, and use of the<br />
sports facilities, spa and golf course, at the same rates as resort guests.<br />
• <strong>We</strong> will set the daily room rate when <strong>you</strong>r unit is part of <strong>Atlantis</strong> Rental Program, and such rate<br />
will include the services and access covered by the Resort Access Fee.<br />
• You may be permitted to participate in the <strong>Atlantis</strong> Rental Program prior to closing on the purchase<br />
of <strong>you</strong>r unit.<br />
• Gross revenue from rental of <strong>you</strong>r unit will be distributed as follows:<br />
a. <strong>We</strong> will deduct an amount equal to applicable taxes, levies, and gratuities and pay such<br />
amounts to the relevant recipients, leaving the “Rental Income”.<br />
b. <strong>We</strong> will then deduct 10% of the Rental Income as a management fee from which we will pay<br />
any travel agent commissions and credit card fees which we <strong>are</strong> required to pay.<br />
c. <strong>We</strong> will retain 50% of the balance as compensation for securing and servicing the rental program<br />
and the other 50% will be paid to the Unit Owner less 5% of the Rental Income for the reserve<br />
account for the maintenance, repair and replacement of the contents of the unit (“Reserve Fund”).<br />
d. In the event there <strong>are</strong> any outstanding unpaid amounts due from the Unit Owner, such as<br />
unpaid Resort Access Fees or any unpaid incidental expenses related to the Unit Owner’s use of the<br />
unit, such amounts will be deducted prior to any payment to the Unit Owner.<br />
• Whenever the unit is rented, the occupant is responsible for establishing credit for resort charging<br />
privileges as well as any applicable gratuities.<br />
• Monthly statements showing a detailed breakdown of all unit activity and <strong>you</strong>r resort account<br />
activity will be issued with a check or bill, as appropriate.<br />
• To facilitate distribution of bookings for units in the <strong>Atlantis</strong> Rental Program, we will use a rotational<br />
booking program and will take into account guest requests for specific room types and views as<br />
well as the number of days and time of year the unit is available for rental.<br />
• The Unit Owner will be responsible for the cost of upkeep of the contents of the unit and we will<br />
coordinate <strong>that</strong> upkeep. However, to the extent possible, such costs will be funded from the Reserve<br />
Fund mentioned above.<br />
• All Unit Owners and guests will provide us with a major credit card upon their arrival to cover<br />
any other incidental expenses such as room service, housekeeping gratuities and fees for other amenities<br />
available at <strong>Atlantis</strong>, Paradise Island.
• Food and beverage, room service, in-room massage as well as other amenities will be available<br />
at an extra charge.<br />
Frequently Asked Questions:<br />
How is revenue from the rental of my unit split between myself and the Hotel Operator?<br />
After deduction of the applicable taxes, levies and gratuities, we will deduct the management fee of<br />
10% of the Rental Income. <strong>We</strong> will retain 50% of the balance as compensation for securing and servicing<br />
the rental program and we will pay <strong>you</strong>, as a Unit Owner, the other 50%, less 5% of the Rental<br />
Income for the Reserve Fund and less any other outstanding unpaid amounts, if any.<br />
How does the rotation system work? How do I know <strong>that</strong> my unit will get rented a fair amount of time?<br />
To facilitate distribution of bookings for units in the <strong>Atlantis</strong> Rental Program, we will use a rotational<br />
booking program. The criteria for rotation will take into account guest requests for specific room types<br />
and views as well as the number of days and the time of year the unit is available for rental.<br />
How often will I receive a statement of account?<br />
You will receive a monthly statement with a detailed balance of <strong>you</strong>r unit’s activity. This will be accompanied<br />
by a payment or a request for payment, as the case may be. This would include all revenues<br />
and all fees associated with <strong>you</strong>r account.<br />
How long is my rental agreement?<br />
The initial term of the rental agreement will be 3 years and will be automatically renewed after <strong>that</strong> unless<br />
<strong>you</strong> give a 1 year notice of cancellation. You must leave <strong>you</strong>r unit in the <strong>Atlantis</strong> Rental Program<br />
in order to continue to qualify for the customs duties and stamp duties exemptions under Bahamian<br />
law for condominium-hotel units, although <strong>you</strong> will always have the right to occupy <strong>you</strong>r unit on the<br />
basis described above.<br />
How can I participate in the <strong>Atlantis</strong> Rental Program prior to closing on the purchase of my unit?<br />
You can elect to participate in the <strong>Atlantis</strong> Rental Program prior to closing on the purchase of <strong>you</strong>r<br />
unit from the developer of The Reef <strong>Atlantis</strong> simply by signing the Rental Program Agreement and<br />
returning it to us. Your unit will automatically be entered into the <strong>Atlantis</strong> Rental Program and <strong>you</strong> will<br />
receive <strong>you</strong>r sh<strong>are</strong> of the Rental Income following <strong>you</strong>r closing provided <strong>that</strong> <strong>you</strong> close on <strong>you</strong>r unit<br />
in accordance with <strong>you</strong>r purchase agreement within 45 days of the date The Reef <strong>Atlantis</strong> opens for<br />
business, and <strong>you</strong> comply with the other terms and conditions of the Rental Program Agreement.<br />
Will there be a reserve fund for maintenance, repair or replacement of the contents of the unit such as<br />
furnishings and décor?<br />
Yes, 5% of the Rental Income from <strong>you</strong>r unit will be set aside in a Reserve Fund. <strong>We</strong> will determine<br />
the appropriate times for the maintenance, repair and replacement of the unit contents in our discretion.<br />
May I offer my unit to friends and family while in the program?<br />
Yes, similar to <strong>you</strong>r usage of the unit, namely, subject to availability and to the Bahamian law requirement<br />
<strong>that</strong> the unit be in the hotel’s general rental inventory for a minimum of 9 months each year.<br />
What if a hotel guest damages the furniture in my unit?<br />
If there is an unusual or extra ordinary event, we will endeavor to collect charges for damages to a<br />
unit by the guest. Normal wear and tear is expected and is <strong>you</strong>r responsibility. Replacements will be<br />
made from <strong>you</strong>r reserve account at our discretion to provide the highest standard of quality for the<br />
unit. Shortfalls, if any, will be the responsibility of the Unit Owner.
May I leave my car at the hotel year-round if I am not occupying my unit?<br />
No, in order to ensure <strong>that</strong> hotel amenities <strong>are</strong> available to all hotel guests, <strong>you</strong> must occupy <strong>you</strong>r unit<br />
in order to take advantage of the parking facilities.<br />
Will I or my guests be charged for parking when I am occupying my unit?<br />
Yes, <strong>you</strong> and <strong>you</strong>r guests will be charged in accordance with the charges of the valet operator and the<br />
posted daily valet parking rates.<br />
May I request my unit to be rented on a non-smoking and pet free basis?<br />
Yes <strong>you</strong> may, and we will try to reasonably accommodate <strong>you</strong>r request, but we cannot guarantee <strong>that</strong><br />
all hotel guests will abide by the established rules of the unit. Please note, we do not presently allow<br />
pets of any kind except service animals.<br />
When I am not occupying my unit, may I have use of resort amenities and the water park?<br />
No, in order to ensure the hotel amenities <strong>are</strong> available to all hotel guests, <strong>you</strong> must occupy <strong>you</strong>r unit<br />
in order to take advantage of the hotel’s facilities. Restaurants and bars however <strong>are</strong> available to <strong>you</strong><br />
on the same basis as they <strong>are</strong> to local guests.<br />
How do I arrange to use my unit?<br />
Simply complete and return the Unit Owner Occupancy Periods form attached to <strong>you</strong>r Rental Program<br />
Agreement and return it to us at least 11 months prior to <strong>you</strong>r intended occupancy dates. It is<br />
recommended <strong>that</strong> <strong>you</strong> consider holiday and other peak usage periods and provide notice of these<br />
intended occupancy dates further in advance.<br />
What if I give short notice and my unit is available, may I use it?<br />
Yes, we will always attempt to accommodate <strong>you</strong>r request and if <strong>you</strong>r unit is available, of course <strong>you</strong><br />
may use it. However, if <strong>you</strong> have already used <strong>you</strong>r unit for more than 3 months, then <strong>you</strong> may use<br />
<strong>you</strong>r unit only as a regular guest.<br />
Will there be a formal rental program agreement?<br />
Yes, the Rental Program Agreement will be available to The Reef <strong>Atlantis</strong> unit purchasers to be executed<br />
prior to the closing on the unit.<br />
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