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T&Cs

Terms & Conditions for Access to the Porto Maho Gated Community and Use of Internal Roads

 

  1. Definitions

In these Terms & Conditions (“T&Cs”):

  • Community means the gated residential developments, including all common property, roads, facilities, and access points, beyond the Porto Maho security gate.
  • Management means the owner of the main road and facilities of the Porto Maho area.
  • Resident means an owner, tenant, or lawful occupier of a unit within the Community.
  • Porto Maho roads means the roads and sections of roads owned by Resort of the World or MADCO.
  • Visitor means any person entering the Community who is not a Resident.
  • Vehicle means any motor vehicle, motorcycle, delivery vehicle, or similar conveyance.
  1. Right of Access

2.1 Vehicular access to the Community using the residents/fast lane is a conditional privilege, not an automatic right.
2.2 Management reserves the right to control, restrict, suspend, or revoke access using the residents/fast lane to any person or vehicle in accordance with these T&Cs.
2.3 Purchasing access credentials and/or entry into the Community constitutes acceptance of these T&Cs.

  1. Access Control

3.1 Access may be granted by means of access cards, tags, codes, biometric systems, or security personnel. RFID tags will be attached to the vehicle by security staff to ensure proper functioning.
3.2 Residents are responsible for the conduct of their Visitors, contractors, employees, tenants, and delivery personnel.
3.3 Access credentials are not transferable, and may not be shared, duplicated, sold, or lent to unauthorized persons.
3.4 Lost or stolen access credentials must be reported immediately and may be deactivated.

3.5 Since residents can issue access credentials for visitors directly, only a reasonable number of visitor access credentials may be issued per resident.

  1. Use of Porto Maho Roads

4.1 Porto Maho roads are private roads.  

4.2 Use of these roads is permitted solely for lawful access to subcommunities and   residences.
4.3 The following rules apply at all times:

    • Speed limits are as posted (or a maximum of 40 km/h where no signage exists)
    • Compliance with all traffic signage and instructions from security personnel
    • No reckless, negligent, or noisy driving
    • No driving under the influence
    • No littering or dumping garbage outside of garbage bins.

4.4 Pedestrians and cyclists have priority at all times.

  1. Parking

5.1 Parking is permitted only in designated areas.
5.2 No parking is allowed:

    • On roadways, pavements, sidewalks, or emergency access routes
    • In a manner that obstructs traffic, access, or services

5.3 Illegally parked vehicles may be clamped, fined, or towed at the owner’s risk and expense.

  1. Commercial and Heavy Vehicles

6.1 Management may deny access to vehicles likely to cause damage to roads or infrastructure.

  1. Maintenance and Damage

7.1 Users of the roads and facilities must exercise reasonable care to avoid damage.
7.2 Any damage caused by a Resident, Visitor, or contractor must be reported immediately.
7.3 The party responsible may be held financially liable for repair or reinstatement costs.

  1. Safety and Security

8.1 Security measures are implemented on a best-effort basis and do not guarantee prevention of loss, damage, or injury.
8.2 Use of the roads is one’s own risk. Management is not liable for theft, loss, damage, or injury unless caused by gross negligence or willful misconduct by the owner, and to the extent permitted by law.

8.3 CCTV cameras and recording are in place. Access to recordings is limited to security personnel and law enforcement.  

  1. Compliance and Enforcement

9.1 Failure to comply with these T&Cs may result in:

    • Warnings
    • Fines or penalties
    • Suspension or withdrawal of vehicular access rights to residents/fast lane
    • Legal action where necessary

9.2 Management’s decision to enforce these rules shall be final, subject to applicable law.

  1. Amendments

10.1 Management reserves the right to amend these T&Cs from time to time.
10.2 Updated versions will be made available to Residents and will take effect upon publication or notice.

  1. Governing Law

These T&Cs are governed by and interpreted in accordance with the laws Sint Maarten

  1. Acceptance

By registering, purchasing access, and/or entering the Community or using its roads and facilities, all persons acknowledge that they have read, understood, and agreed to abide by these Terms & Conditions.

 

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