NEW RULES AND REGULATIONS
(Adopted per Board Resolution of 23 February 2017)
The Montemar Beach Club (MONTEMAR) is a resort operated by the Montemar Beach Club, Inc. (MBCI) that aims to provide superior vacation, recreation and food and beverage facilities to members, their dependents and guests, and all other visitors to MONTEMAR. These House Rules are intended to be a guide to the use and protection of these facilities and to promote the health, safety, welfare and enjoyment of members, their dependents and guests, and visitors in order for them to have an enjoyable experience. To uphold these standards, members, their dependents and guests, and visitors are expected to act in a manner consistent with high values and moral standards and good taste.
PART I – MEMBERSHIP
1 PROPRIETARY MEMBERSHIP
Natural persons and juridical entities duly registered with the Securities and Exchange Commission who purchase a proprietary membership of MBCI are Proprietary Members. All Proprietary Members, whether individual or corporate, are entitled to vote at all annual and special membership meetings and they shall be entitled to as many votes as there are membership shares.
Proprietary Membership in MBCI does not automatically entitle the Proprietary Member to enjoy benefits and privileges in MONTEMAR and to use MONTEMAR facilities. In order to be entitled to the benefits and privileges in MONTEMAR and to use of MONTEMAR facilities, a Proprietary Member must activate his/her/its membership by applying to be an Active Member in accordance with the procedure outlined below.
1.1 Transfer of Proprietary Membership – Any proprietary member who intends to sell his/her/its share to another person or corporation shall inform MBCI of his/her/its intention to do so. In the event of a transfer of a proprietary membership to an heir as a result of the death of the proprietary member, the heir must inform MBCI of such death. On the other hand, the death of a corporate representative does not result in the transfer of the said membership to his/her heirs. The Corporate Proprietary Member should inform MBCI of such death and nominate another corporate representative.
In order that the said transfer may be registered with MBCI and the transferee’s name entered into the books of MBCI, the transferor or the transferee shall furnish MBCI with the following documents:
1.1.1 A letter of resignation by the individual active member;
1.1.2 A Certification from MONTEMAR that the transferor has no outstanding liabilities to MONTEMAR;
1.1.3 The Original receipt from MONTEMAR for payment of Transfer Fees;
1.1.4 The Original copy of the deed of sale;
1.1.5 The Original proprietary membership certificate of the seller;
1.1.6 The Original documentary stamp tax and capital gains tax returns; and
1.1.7 The Certificate Authorizing Registration (CAR) from the Bureau of Internal Revenue authorizing the registration of the transaction in the books of the Corporation.
The transferor of the Proprietary Membership shall continue to be liable for the monthly dues imposed on his/her/its Active Membership until the transferee becomes a duly registered owner of the same. A mere letter of resignation from Active Membership does not absolve the Proprietary Member from payment of monthly dues and all accounts due to MONTEMAR for bills/chits signed by the member, his dependents, representatives and guests.
2 ACTIVE MEMBERSHIP
In order to be allowed to enjoy benefits and privileges at MONTEMAR and to use MONTEMAR facilities, the individual proprietary member or the corporate representatives of a corporate proprietary member, must apply and be approved for Active Membership in accordance with the procedure below.
2.1 Active Membership indivisible from Proprietary Membership. Only the Proprietary Member registered in the books of MBCI or the duly designated corporate representative may apply for Active Membership. MBCI will not accept any application for Active Membership from a person from one who is not a Proprietary Member or from one who is not the duly designated corporate representative of a Corporate Proprietary Member. Moreover, Proprietary Members may not sell, transfer, assign or lease their rights and benefits at MONTEMAR to any person.
2.2 Approval of the Board of Directors Required. The approval of a majority of the Board of Directors based on the recommendations of the Membership Committee is required in order for one to be considered an Active Member.
2.3 Procedure for Application for Active Membership. While MBCI cannot dictate as to who shall own Proprietary Memberships, it can be selective in the choice of who may avail of privileges and benefits in MONTEMAR and who may use MONTEMAR facilities. An applicant for Active Membership shall submit an application form, duly signed, and shall pay the necessary entrance fees. As MONTEMAR is an exclusive resort, the application must be accompanied by the favorable recommendation of at least two (2) Active Members or by any member of the Membership Committee. Upon receipt of such application form, the Membership Officer shall endorse the same to the Membership Committee and post a copy thereof at the principal place of business of MBCI for at least one (1) month. At its next meeting, the Membership Committee shall process and review the application and submit its recommendation to the Board of Directors. The Board shall thereupon review and consider the recommendation of the Membership Committee before deciding to approve or reject the application. At least five (5) affirmative votes by MBCI directors shall be required to approve an application. The Membership Officer shall thereafter inform the applicant of the decision of the Board. Should the decision be unfavorable to the applicant, he/she/it will be so advised and the entrance fee paid will be refunded. The Board is under no obligation or responsibility to explain its decision to reject the application.
2.4 Qualification for Individual Active Membership. Only individuals more than 21 years of age, of good moral character at the time of application and is the registered owner of at least one (1) Proprietary Membership may apply Active Membership.
2.5 Qualification for Corporate Representatives. A Corporate Proprietary Member may designate a maximum of two (2) corporate representatives who must individually apply for Active Membership. Corporate representatives must be more than 21 years of age, of good moral character, and a bona fide director, officer or employee of the Corporate Proprietary Member as certified by its President and/or Human Resources Officer and duly appointed by the Corporate Proprietary Member through a board resolution. Should the corporate representative cease his employment with the Corporate Proprietary Member, it is the obligation of the Corporate Proprietary Member to inform MBCI in writing; otherwise, all charges and dues incurred by the corporate representative after the cessation of his/her employment shall be the obligation of the Corporate Proprietary Member and constitute a lien on the Corporate Proprietary Membership until the same is fully paid. Corporate Proprietary Members may change their representatives not more than once every twelve (12) months, unless the said representatives have been terminated or have ceased employment with the Corporate Proprietary Member as certified by its President and/or Human Resources Officer.
2.6 Privileges and Benefits. Any proprietary member or corporate representative whose application for active membership has been approved by the Board of Directors shall have the following privileges and benefits:
2.6.1 Sponsoring guests – Active Members may introduce and sponsor guests at MONTEMAR subject to the payment of the appropriate entrance fees.
2.6.2 Naming dependents – Active Members may name his/her spouse and his/her unmarried children under 26 years of age as dependents.
2.6.3 Discounts –Active Members may be entitled to special discounts as may be determined by the Board of Directors. Discounts on room rates may be given for a maximum of two (2) rooms only per member per stay. Discounts on food ordered from the restaurants and bars may likewise be given but subject to the payment of the appropriate taxes.
3 ASSOCIATE MEMBERSHIP
Persons or corporations who are original owners of a lot in the Montemar Village are granted an Associate Membership that entitles them to benefits and privileges at MONTEMAR and to use MONTEMAR facilities. The Associate Member is subject to the same obligations, liabilities, charges and dues as an Active Member; however, not being a Proprietary Member, an Associate Member has no right to vote at any annual or special meeting of MBCI.
Any transfer, conveyance, encumbrance or other disposition of the lot in the Montemar Village does not include a transfer of the Associate Membership to the transferee. Furthermore, an Associate Member who ceases to be the original owner of a lot in the Montemar Village automatically ceases to be an Associate Member.
4 MEMBERSHIP CARDS
MBCI will issue membership cards to Active Members and their qualified dependents. Membership cards will include the member’s or dependent’s name, the membership account number and the member’s or dependent’s picture. Membership cards will only be issued upon approval by the Board of Directors of the application for active membership and the payment of entrance fees. Membership cards will not be issued to dependents under the age of ten. Active Members and their dependents must have their membership cards with them upon check-in at MONTEMAR.
5 CHARGES & FEES
The charges, fees and dues, as may be determined and approved by the Board of Directors from time to time, shall be paid by the Active Members as soon as they are receive a Statement of Account. Corporate Proprietary Members shall not be given a Statement of Account unless requested by them, or unless their corporate representatives refuse to pay or delay in paying such charges, fees and dues. These charges, fees and dues include, but are not limited to:
5.1 Membership Dues. Membership dues may be paid in either annually or monthly.
5.1.1 Annual. The Active Member who elects to pay membership dues in advance on an annual basis shall be given only one statement of account covering a one-year period. No further statement of account shall be given to the Active Member for that year. Annual payments are due on or before the 25th of February of each year. If no payment is received by MBCI by the 25th of February, it is assumed that the Active Member has opted to pay on a monthly basis and the appropriate penalties shall be imposed for the unpaid months of January and February.
5.1.2 Monthly. Monthly payments are due on or before the 5th day of each month. A penalty shall be imposed on dues that remain unpaid after the said deadline.
5.2 Special Charges. Special charges, fees and assessment shall be paid upon the presentation of a statement of account.
5.3 Charges Incurred at MONTEMAR. Any charges that are incurred by the Active Member, his/her dependents and sponsored guests as a result of the use of facilities at MONTEMAR shall be settled immediately prior to checkout at MONTEMAR by cash or by credit card.
5.4 Delinquent Accounts. MBCI will send a notice and demand to all Active Members who have not paid their dues and charges for a period of thirty (30) days counted from the date the same should have been paid. In the event that no payment is received within the thirty (30) day period after the issuance of the notice and demand, another notice and demand will be sent, giving the Active Member a final period of thirty (30) days to pay such dues and charges. A copy of the said notice and demand shall likewise be furnished the Corporate Proprietary Member who nominated the corporate representative. After the lapse of such final period and no payment is received by MBCI, all privileges and benefits granted the Active Member and his/her dependents are automatically suspended. In addition, the Board of Directors may, by resolution, declare the Active Member as delinquent and order that a lien in favor of MBCI be constituted on the Proprietary Membership owned and registered in the name of the delinquent member, or if the delinquent member be a corporate representative, that a lien in favor of MBCI be constituted on the Corporate Proprietary Membership owned and registered in the name of the juridical entity that he/she represents, and that the said proprietary memberships be sold in a public auction to satisfy the claims of MBCI. The names of delinquent members shall be posted on the bulletin board at MBCI’s principal place of business. Delinquent Proprietary Members shall not be allowed to vote in any annual, general or special meeting of Proprietary Members.
5.5 Dues of Corporate Representatives. If a Corporate Proprietary Member has two (2) corporate representatives, each Active Membership shall pay dues. If one (1) corporate representative is delinquent and/or had his/her benefits and privileges suspended, the benefits and privileges of the other corporate representative shall likewise be suspended. The Corporate Proprietary Member shall ultimately be responsible for paying all dues and special charges of its corporate representatives, failing which, the Corporate Proprietary Membership may be sold at public auction to satisfy the claim of MBCI.
5.6 Auction. MBCI shall have a first and superior lien on each Proprietary Membership for the purpose of settling all unpaid obligations incurred by such Proprietary Member, his dependents and guests, or corporate representatives.
The time and place of the auction shall be indicated in the Board of Directors resolution which auction shall be held at least thirty (30) but no later than sixty (60) days from the date of the resolution. The Corporate Secretary will issue a notice inviting sealed bids which should be submitted by all interested bidders, including MBCI, to the Office of the Treasurer at least five (5) days prior to the date of the auction. The notice of auction shall clearly state the date, time and place of the auction.
Notice of auction shall be given to all Proprietary Members by registered mail to their respective last known postal address and posted at the bulletin board at MBCI’s principal place of business.
The Proprietary Member may stop the auction of his/her/its share only upon full payment of all the claims of MBCI prior to the date of the auction, including all interest that may be due. If such Proprietary Member’s account remains unpaid on the day of the auction, all interest bidders, including MBCI may, on the date fixed by the Directors, submit sealed bids to MBCI’s Treasurer.
Individuals and corporations who are or have been previously declared as delinquent and/or have had their Proprietary Membership sold at a public auction are prohibited from participating in the public auction or having Proprietary Memberships purchased at the public auction registered in their names.
The proceeds of the sale of such Proprietary Membership shall be answer for the outstanding balance due from the said member as well as to costs of collection and auction, admin and legal fees and other expenses incurred by MBCI to collect from the member. In the event that the proceeds are insufficient to cover such indebtedness and costs, MBCI is authorized to recover the deficiency in an appropriate proceeding. Any excess in the proceeds after payment of costs of collection and auction, admin and legal fees and other expenses incurred by MBCI to collect from the member shall be returned to the member within one hundred eighty (180) days.
No TRO or injunction shall be entertained to enjoin the auction unless accompanied by an acceptable bond in the amount of not less than double the value of the amount owed by the delinquent member.
6. SUSPENSION OF ACTIVE MEMBERS
6.1 An Active Member may be suspended under any of the conditions below. Notwithstanding a suspension, the ownership of the Proprietary Membership remains with the suspended Proprietary Member or with the Corporate Proprietary Member whose representative was suspended. In the event that the incident that gave rise to the suspension resulted in damages to MONTEMAR and/or MBCI, such damages shall be chargeable to the said Proprietary Membership which may, thereupon be sold by MBCI at a public auction to satisfy the demands of MONTEMAR and/or MBCI. A suspended member ceases to be entitled to the privileges and benefits of an Active Member but remains liable for the payment of all accrued liabilities prior to the suspension, as well as all dues that may become due and demandable during the period of suspension.
6.1.1 Failure to Pay Liabilities. A member who has not paid his dues and liabilities for sixty (60) days will have his privileges and benefits at MONTEMAR suspended until all dues and liabilities are fully paid.
6.1.2 Violation of Rules and Regulations. In case a member, his/her dependents, sponsored guests or visitors violates the By-Laws or these Rules and Regulations, or does or causes to be done an act which is inimical, hostile, injurious or prejudicial to MONTEMAR/MBCI and its interests or to another member, dependent, sponsored guest or visitor while on MONTEMAR premises, or while the member, dependent or sponsored guest is undergoing investigation for such violation, the offending or responsible member may be suspended or expelled upon proper notice and opportunity to submit his/her written comment, answer or explanation to the acts complained of. Failure to comment, answer or explain shall constitute a waiver of his right to be heard and Management may decide accordingly. Disciplinary proceedings are summary and confidential for the protection of both complainants and respondents.
A suspended member ceases to enjoy the facilities and privileges of the Club for a period not exceeding one hundred eighty (180) days at the discretion of the Board. He/she shall not be allowed entry or use of MONTEMAR facilities and services, and shall not be allowed to sponsor guests.
Any member under suspension may request for reconsideration, in writing addressed to the Board, within a period of fifteen (15) days from notice of his/her suspension. The Board shall act on the request within thirty (30) days from receipt.
Members under suspension shall continue to be assessed monthly dues, patronage fees and penalty charges.
If the offending party is a member’s dependent sponsored guest, or visitor, in addition to the suspension of privileges and benefits of the member, the said offending party will be restricted entry into MONTEMAR and cannot be introduced as a guest or visitor of another member.
6.2 Reinstatement. The payment of all overdue accounts, interests and fines shall not automatically reinstate the suspended member to Active Membership. The suspended member may apply for reinstatement as an Active Member by sending a written request to the Board of Directors who shall review such request and act accordingly.
7. EXPULSION OF MEMBERS
7.1 An Active Member may be expelled, under any of the conditions described below. The ownership of the Proprietary Membership shall remain with the expelled Proprietary Member or with the Corporate Proprietary Member in case the expelled member be its representative. In the event that the violation has resulted in damages to properties of MONTEMAR or to MBCI or to injury to any member, his/her dependent, guest or MONTEMAR employee, the Proprietary Membership of the member or of the juridical entity it represents may be sold by MBCI at a public auction to answer for such damage.
7.1.1 Grievous Injury. Any member, who has caused grievous injury to MONTEMAR or MBCI, or any of its members, guests or employees may be expelled by the Board of Directors after an proper investigation.
7.1.2 Repeated Suspension. Any member who has been suspended twice within a period of one (1) year for causes other than non-payment of dues may be expelled by the Board of Directors.
7.1.3 Prolonged Suspension. A member under suspension who has not applied for reinstatement within a period of 90 days from expiration of the period of his suspension, shall be automatically expelled.
7.1.4 Habitual Delinquency. Habitually delinquent members shall be expelled. A habitually delinquent member is one who has not timely paid for his dues resulting in the suspension of his privileges and benefits for at least three (3) times within a period of two (2) years.
7.1.5 Acts Inimical to the Interest of MONTEMAR, MBCI, and its Directors and Officers. Inasmuch as MBCI is an exclusive club and was established to foster brotherhood and friendship among its members, acts inimical to the interests of MONTEMAR, MBCI and its directors and officers are discouraged. The Board of Directors may receive written complaints from members who feel aggrieved by any decision, act or omission of the Resident Manager or any employee and may deputize a director and/or officer to conduct an impartial investigation into the complaint and make a recommendation as to the appropriate action in accordance with these Rules and Regulations. Any member who does acts inimical to the interest of MONTEMAR and MBCI, including the filing of cases against MBCI and its directors and officers in their capacities as such without first bringing his complaint to the Board of Directors shall be expelled.
7.2 In the event of expulsion, the expelled member may submit a written motion for reconsideration to the Board, within thirty (30) days from the date of his expulsion. The Board shall act on the motion of reconsideration within sixty (60) days from receipt. Any action thereon by the Board shall be final. Failure to submit such motion within thirty (30) days shall constitute a waiver of the right of the member to apply for reconsideration. Any expelled member shall lose all his privileges and benefits in MONTEMAR. An expelled member cannot reapply for Active Membership whether as an individual or as a corporate representative, nor be admitted as a guest in MONTEMAR.
8. INACTIVE MEMBERSHIP
Proprietary Members who activated their membership may apply for inactive status only once for a period not exceeding two (2) years, or within such period as may be determined by the Board of Directors. While in inactive status, their and their dependents’ privileges and benefits to use MONTEMAR facilities and introduce guests will be suspended and dues will not be required to be paid. Furthermore, inactive members cannot be introduced as guests of another member.
As Inactive Membership pertains to Proprietary Membership, the Corporate Proprietary Member who applies for inactive status renders all its corporate representatives inactive. A Corporate Proprietary Member may not apply for inactive status for only one (1) representative while keeping another in active status.
After the lapse of the period above-described, the Proprietary Membership is automatically reinstated to Active status.
PART II – THE RESORT
The term “members” in the Part II and Part III of these Rules and Regulations shall mean Active Members (Individual Active Members and Corporate Representatives) as they are the only ones who have privileges and benefits to use MONTEMAR facilities. On the other hand, the term “MONTEMAR” in the following paragraphs shall mean both the resort and MBCI.
9 GUEST ROOMS
Eighty nine (89) rooms of varying sizes spread across five (5) inns are available for the relaxation and for the benefit and sojourn of members, their dependents and sponsored guests, and visitors of MONTEMAR. The Board of Directors may construct more rooms as needed, the use of which shall likewise be governed by these rules.
9.1 Room Rates. Room rates shall be periodically determined by the Board of Directors. Subject to the conditions in paragraph 11.4 below, special discounts may be extended to members.
9.2 Security. While MONTEMAR exerts efforts to provide security to prevent unauthorized ingress to the rooms, members, their dependents and sponsored guests, and visitors are requested to secure their valuables. MONTEMAR assumes no responsibility whatsoever for the loss of valuables of guests.
9.3 Noise. Members, their dependents and sponsored guests, and visitors shall refrain from making any unnecessary noise inside the rooms, in the hallways and in all common areas. Consideration should be accorded to others who wish to enjoy the tranquility of MONTEMAR. Management has the authority to warn, reprimand or remove from MONTEMAR premises any person who insists on making such unnecessary noise.
10 DINING FACILITIES
To make the stay of members, their dependents and sponsored guests, and visitors more pleasant, MONTEMAR has bars and dining outlets operating within its premises. These outlets are intended to provide high standard food and beverage at reasonable prices.
10.1 Proper Attire. Members, their dependents and sponsored guests, and visitors are required to observe proper attire in the bar and dining outlets. Swimming attire and wet clothes are not allowed in these areas. Management has the authority to refuse entry and/or service to any person dressed inappropriately.
10.2 Private Parties. The bar and dining areas are for the use of all members, their dependents and sponsored guests. No member, dependent, guest or visitor shall make use of such areas for private parties and special events without prior arrangement with MONTEMAR’s Sales and Marketing Office. Management reserves the right to refuse any private party within the bar and dining areas.
10.3 Use of Bar and Dining Equipment. Unless room service is availed of, no food, beverage, utensil, glassware, dinnerware or bar/dining/kitchen equipment shall be taken out of the bar and dining areas.
11 RESERVATIONS FOR ROOMS, FUNCTIONS, PARTIES AND SPECIAL EVENTS
Subject to the limitations and procedure below, only members in good standing will be given priority in booking and reserving rooms and functions rooms. Members in good standing are Active Members/Corporate Representatives who are not delinquent, suspended or expelled and have no outstanding liabilities to MONTEMAR. Members who wish to sponsor a guest must likewise make the booking on behalf of such guest. Dependents may likewise make bookings and reservations provided they are either the spouse of the member in good standing, or his/her children over 18 years of age.
11.1 Reservations and Bookings. All bookings and reservations, whether for rooms or for private functions and parties, shall be made with the Sales & Marketing Office, the Reservations Office or the Front Office. Such bookings and reservations are subject to availability of rooms, function rooms and facilities, and compliance with the reservation and booking procedure. Management reserves the right to refuse bookings for any reason, including on occasions when a private event is to be held at MONTEMAR.
11.2 Confirmation of Reservations and Bookings. Reservations and booking of rooms are confirmed by receipt by the member, his/her sponsored guest or visitor of a Confirmation Voucher duly signed by an authorized employee of MONTEMAR. Confirmation Vouchers will be issued by MONTEMAR only upon full payment for the rooms booked in the name of sponsored guests and visitors, or upon payment of at least fifty percent (50%) of the amount due for rooms booked by members in their names.
11.3 Advanced Bookings. In the event that a reservation or booking is made beyond thirty (30) days from the date of intended check-in, the member or his/her sponsored guest must make a down payment of at least fifty percent (50%) of the total room rate within seven (7) days from the date of reservation or booking, otherwise the said reservation or booking is deemed cancelled. A Confirmation Voucher will be issued by MONTEMAR only upon receipt of payment as described in Section 11.2 above.
11.4 Member Privileges. Members are given priority and preference in the reservation of rooms. Any discounts on the room rate shall be limited to a maximum of two (2) rooms per membership at any one time. For bookings beyond two (2) rooms, the regular non-member published room rate will apply.
11.5 Check In / Check Out. The standard check in time for rooms is 2.30 p.m. and the standard check out time is 12:00 noon. Early check in and late check out may be allowed, subject to availability of rooms and/or additional charges.
11.6 Function, Events and Private Parties. Members may hold or sponsor functions, events and private parties at MONTEMAR. Such functions and private parties should be arranged with the Sales & Marketing Office at least fifteen (15) days before the function or private party. Unless otherwise stated in the Contract, at least fifty percent (50%) of the amount due to MONTEMAR should be paid within seven (7) days from receipt of the Contract and the balance paid in full prior to the date of the function, event or private party. Management reserves the right to refuse any function, event or private party that is not booked in accordance with the above procedure.
12 CANCELLATIONS AND NO-SHOWS
In order to provide members, their dependents and guests, and visitors with a superior experience, MONTEMAR incurs costs to adequately prepare the rooms and facilities and to order the necessary supplies and provisions. The following rules are intended to help defray these costs.
12.1 Cancellation Procedure. Cancellations of reservations or bookings of rooms and of functions, events and private events may be made only by person whose name appears in the Confirmation Voucher or whose name appears as the contact person in the Contract with MONTEMAR. Cancellations shall be in writing and must contain the reason for the cancellation and be duly signed. Cancellations become effective only upon receipt of the same by the Sales & Marketing Office of MONTEMAR.
12.2 Cancellations of Bookings due to Force Majeure. A full refund shall be made on any cancellation of a reservation or booking of a room if the reason for the same is force majeure.
For reservations or bookings of functions, events and parties, the refund policy shall be indicated in the Contract between the client and MONTEMAR.
For purposes of these Rules, “Force Majeure” shall mean acts of God, calamities, actual disasters and other reasons beyond the control, diligence and foresight of the reserving party.
12.3 Cancellations not due to Force Majeure. For cancellations made before 12:00 noon three (3) days prior to the date of arrival, the member or guest will be given a full refund less a cancellation fee of P1,000.00 per room per night. Thus if the date of arrival is June 15, the cancellation must be made on or before 12:00 noon of June 12 to receive a full refund less cancellation fee. If a member or guest opts to rebook the room to a later date, a rebooking fee of P500.00 per room will be charged. For cancellations after 12:00 noon of the third day prior to the date of arrival, the payment received by MONTEMAR for the room will be forfeited. Thus, if the date of arrival is June 15, payment will be forfeited if the cancellation is made after 12:00 noon of June 12.
For reservations or bookings of functions, events and parties, the refund policy shall be indicated in the Contract between the client and MONTEMAR.
Unless a specified time is indicated in the Confirmation Voucher or Contract, members, dependents, sponsored guests, or visitors are expected to arrive at MONTEMAR at 2:30 p.m.
12.4 No-Show. In the event that the member, dependent, sponsored guest, or visitor fails to show up by 6:00 p.m. on the day indicated in the Confirmation Voucher and no specified time is indicated in the Confirmation Voucher or no notice of cancellation is received by MONTEMAR, such reservation or booking is automatically cancelled and the member, dependent, sponsored guest, or visitor is considered a ‘no-show” and is liable for the full amount of the guest rooms reserved, regardless of the reason that may thereafter be given by such member, dependent, sponsored guest, or visitor.
12.5 Refund. Any request for refund shall be made in writing to MONTEMAR. Upon verification of the entitlement of the member, dependent, sponsored guest, or visitor, a check refund shall be made by MONTEMAR within a reasonable period.
12.6 Cancellation by MONTEMAR. MONTEMAR is not responsible for its cancellation of any function, event, party or guest room reservation that results from a labor dispute within MONTEMAR, or from acts of God or fortuitous events that are beyond the control of MONTEMAR. Such function, event, party or guest room reservation shall be postponed until such time as the dispute or fortuitous that gave rise to the cancellation has ceased.
13 BEACH AND SWIMMING POOLS
MONTEMAR has access to a 500-meter white sand beach area. In addition, there are three (3) swimming pools inside the resort. These facilities are supervised by a number of lifeguards who are trained to secure the safety of members, dependents, sponsored guests, and visitors. The “Members’ Pool” is exclusive for members, dependents and their sponsored guests who are accompanied by said members or the latter’s dependents in the pool or its area. The “Pavillion Pool” and the “Garden Pool” are for the general use of the public. Shower and changing rooms are available next to the beach and these swimming pools.
13.1 Time of Operation. Swimmers will be allowed to use the beach from 6 a.m. to 6 p.m. The swimming pools are open from 6 a.m. to 9 p.m. Management reserves the right to limit the operation of the swimming pools during the lean season and/or for purposes of cleaning and maintenance.
13.2 Attire. The proper swimming attire shall be required for those who will use the beach and swimming pool facilities: swimming trunks or shorts for men and bathing suits for women. Swimmers wearing basketball shorts, t-shirts and other inappropriate attire shall not be allowed to use the swimming pools.
13.3 Shower facilities. All swimmers are requested to take a shower before entering the swimming pools. Those coming from the beach must rinse off sand before entering the swimming pools.
13.4 Children and Persons with special needs. Children below 12 years of age and/or below 4’ in height, and persons with special needs shall always be accompanied by an adult. Children and persons with special needs, regardless of age, must never be left unsupervised at the beach or in or near the swimming pools.
13.5 Toys. Small inflatable toys for toddlers are allowed in the swimming pools. Large inflatable toys are prohibited in order to avoid inconveniencing other guests.
13.6 Surroundings. Member, dependents, sponsored guests and visitors are requested to keep the beach and swimming pool areas clean. Trash cans in strategic areas have been provided for this purpose.
13.7 Safety. Swimmers are required to strictly observe the rules, warnings and signs that are posted and to follow all instructions of the lifeguards on duty. For the safety of everyone, the following are not allowed in the swimming pool area:
a. Persons under the influence of alcohol and/or drugs;
b. Persons with visible and open wounds;
c. Diving, screaming, pushing, wrestling, ball playing, smoking, spitting or spouting water, splashing or causing undue disturbance in and around the pool;
d. Throwing of any object in the pool;
e. Sharp and breakable items;
f. Personal radios, televisions and other electronic equipment that are used without headphones or earphones; and
g. Food and beverage.
Management, in its discretion, has the right to refuse access to the swimming area to persons who, by using the swimming pool, may pose a danger to himself, to others or to MONTEMAR property. In addition, the lifeguards have the authority to expel from the pool area anyone who does not follow these rules or whose conduct is unbecoming of a lady or gentleman.
13.8 Furniture. All persons using chairs, chaises and tables at the beach and around the swimming pool, are required to cover the furniture with a beach towel when using sun block lotion, suntan oils and other cosmetic products as the use of these oils and lotions could stain or damage the furniture.
13.9 Beach Towels. Members, dependents, sponsored guests and visitors are prohibited from taking the towels of the guest rooms to the beach and swimming pool areas. Beach towels are available for rent at the front office.
13.10 Jet skis, ATVs, Golf Carts and other similar motorized vehicles and/or equipment. Unless for the use of persons with special needs and subject to prior written approval of Management, it is prohibited to bring personal ATVs, golf carts and other motorized vehicles or equipment into Montemar. Jet skis may be allowed subject to prior written approval of Management and payment of the appropriate fees.
13.11 Responsibility. While lifeguards are stationed at the beach and the swimming pool areas, members, dependents, sponsored guests and visitors swim at their own risk and responsibility. Any injuries or accidents should be reported to the lifeguards immediately. MONTEMAR and MBCI are not responsible for any injury or loss of life or property sustained as a result of the use by the members, dependents, sponsored guests and visitors of the beach and swimming pool areas.
14 GENERAL USE OF FACILITIES
The following rules shall govern the general use of the MONTEMAR facilities. Members, dependents, sponsored guests and visitors shall abide by all rules and regulations of MONTEMAR. Violations shall constitute grounds for suspension and/or expulsion of members (even if committed by their dependents and/or sponsored guests) and, if necessary, the sale of their proprietary membership at a public auction to satisfy any claim for damage or injury that may have arisen as a result of such violations, while guests will be barred at MONTEMAR. Management may establish additional rules as the need arises.
14.1 Bulletin Board. All notices not coming from MONTEMAR or MBCI, which may be of interest to members, dependents, sponsored guests and visitors, should be submitted to the Resident Manager, for approval, before being posted on the bulletin board. Commercial advertisements shall not be posted on the bulletin board or circulated in the MONTEMAR nor shall solicitations of any kind be made in MONTEMAR or upon MONTEMAR stationery without the prior written approval of the Resident Manager.
14.2 Cooking. Cooking by members, dependents, sponsored guests and visitors is strictly prohibited in or around MONTEMAR premises.
14.3 Removal of Property. No member, dependent, sponsored guest or visitor shall remove MONTEMAR property from the resort premises or from its usual location without specific written permission from the Resident Manager. Neither shall members, dependents, guests nor visitors deface or destroy any property of MONTEMAR. In the event that such property removed is lost, broken, defaced or damaged, the member, dependent, guest or visitor shall be charged at least twice the replacement value of such property.
14.4 Prohibited Drugs, Hazardous Chemicals, Firearms, Deadly Weapons and Fireworks. All prohibited drugs, hazardous chemicals, firearms, blades and deadly weapons, shall be absolutely prohibited within the premises. The carrying of firearms within the MONTEMAR premises shall be limited to MONTEMAR security officers or those specifically authorized by management. Any firearm, blade or deadly weapon brought in by members, dependents, sponsored guests and visitors should be deposited in the vault at the Front Office upon check-in and returned upon check-out. No fireworks are permitted anywhere on Club property or adjacent areas unless part of a fireworks exhibit organized and conducted by the Club.
14.5 Food and Beverage. All food and beverages consumed at MONTEMAR must be furnished by the MONTEMAR. No member, dependent, guest or visitor shall be allowed to bring any food, liquor or beverage to MONTEMAR, except on specific occasions that have been agreed on and authorized by MONTEMAR in which case a corkage fee shall be imposed. No food or beverage, whether left-over or as a take-away, will be allowed to be brought out of MONTEMAR premises unless a waiver is signed by the members, dependents, sponsored guests or visitors releasing MONTEMAR from any liability or responsibility for any injury caused by their consumption of such left-over or take-away food and beverage.
14.6 Identification. Members and dependents shall identify themselves by showing their membership cards upon check-in when requested to do so. A charge card shall thereupon be issued to the member to be shown to any employee of MONTEMAR prior to the use of any facility or prior to ordering at any restaurant, bar or food outlet. The employees of MONTEMAR are authorized to refuse service to any member or dependent that does not have or refuses to show his/her charge card.
14.7 Loading/Unloading. MONTEMAR shall designate specific areas for the loading and unloading passengers and luggage. Under no circumstances shall vehicles obstruct roads and/or driveways. Any damage to the road or driveway as a result of improper loading and/or unloading by the vehicle shall subject the member, dependent, guest or visitor to penalties and fines.
14.8 Alcoholic Drinks. Alcoholic beverages will not be served, sold or consumed at MONTEMAR in any manner prohibited by law. MONTEMAR reserves the right, in its sole discretion, to refuse service to any person who already appears to be intoxicated. Minors shall not be served alcoholic drinks of any kind at any time. It shall be prohibited for any member, dependent, guest or visitor to order alcoholic drinks for the consumption of a minor.
14.9 Parking. All vehicles shall be parked in designated areas only. Any vehicle that is improperly parked shall be towed at the expense of the Active member, even if such vehicle is owned or used by his/her dependent or guest.
14.10 Pets and Animals. Members and their guests are allowed to bring dogs in MONTEMAR provided they are certified as Service or Emotional Support Animals (SA or ESA) with a current license. Owners are responsible for keeping their SA and ESA under their control at all times and cleaning up after their dogs. Daily dog fee is P500 for small dogs and P1,000 for large dogs, payable upon arrival. Owners will be liable for any property damage caused by their SAs or ESAs. In addition, a fine shall be meted on members or guests who do not clean up their dogs or dogs who destroy MONTEMAR property. Management may impose additional rules for the dogs brought in MONTEMAR premises.
14.11 Responsibility. The accompanying or sponsoring Active member shall assume full responsibility for any damage to MONTEMAR property, willfully or accidentally caused by himself, his dependents, or his sponsored guests. Likewise, a member shall be responsible for any indebtedness incurred by his dependents or his sponsored guests.
14.12 Vehicles/Bicycles/Skates. Only persons, over the age of 18 and holding a valid driver’s license, shall be allowed to operate an automobile, motorcycle, jet skis or similar motorized vehicles within MONTEMAR premises. Bicycles, roller skates/blades, hover boards and/or skateboards shall be permitted within specified areas only.
14.13 Lost Items. It is the responsibility of the members, their dependents and guests to secure their belongings and to ensure that the use of any facility of MONTEMAR is not hazardous to their person, their health or the persons or health of others. MONTEMAR shall not be responsible for the loss of personal belongings or injuries sustained by members, their dependents and guests while inside MONTEMAR premises.
14.14 Picnic Areas. Only designated areas may be used as picnic areas. As such areas are limited, they will be allowed only on a first come first served basis.
14.15 Cleanliness. Members, their dependents and guests are requested to keep MONTEMAR clean. Trash cans have been provided in strategic areas for garbage.
14.16. Smoking. Smoking cigarettes, cigars or pipes is absolutely prohibited inside the guest rooms. Smoking is allowed only in designated areas. Cigarette butts, ash and other trash should be disposed of in trash cans and not left in the flower pots.
14.17 Gratuities. Direct tipping to individual employees is strictly prohibited. Tips and gratuities may be dropped in the central tip box at the Front Office or at La Marea, should the guest or member wish to do so.
14.18 Personal Service. No employee shall be permitted to render personal service of any kind to any member, dependent or guest outside MONTEMAR during working hours. Neither shall any employee be allowed to render personal or extra service to any member, dependent or guest inside MONTEMAR after the working hours of the said employee. No furnishing or equipment of MONTEMAR that is ordinarily not available for use by members, dependents and guests shall be used for their personal service.
14.19 Complaints. Members, dependents and their guests may not abuse any of the Club’s employees, verbally or otherwise. All service employees of the Club are under the supervision of Management and no member or guest shall reprimand or discipline any employee. Any employee not rendering courteous and prompt service should be reported to Resident Manager immediately. Any complaint against an employee of MONTEMAR or another guest at MONTEMAR shall be addressed to the Resident Manager and not directly to the employee or guest. The Resident Manager shall thereupon resolve the issue. Any complaint against another member or his/her dependents should be addressed to the Resident Manager who will try to resolve the issue. Upon his failure to resolve the issue, the Resident Manager will make a report and recommendation to the Management Committee or to Board of Directors who may designate a director or officer to conduct an investigation and recommend appropriate penalties to be imposed the erring member and/or his/her dependents or sponsored guests by the Board of Directors.
PART III – GUESTS
15 GUESTS. Guests are non-members who are accompanied or sponsored by a member in good standing and who enter the resort premises and use its facilities.
15.1 Members, their spouse and children aged 18 years and over are entitled to bring in or sponsor five (5) guests per Active Membership without need to pay entrance fees. The entrance fee per person, in excess of five (5) guests, shall be determined by the Board of Directors.
15.2 It is the responsibility of the accompanying or sponsoring member to remind his/her guests to strictly observe these Rules and Regulations, other rules currently in force and effect, and instructions given by the lifeguards and/or any employee of MONTEMAR. Guests are expected to conduct themselves in a manner that is appropriate, befitting and becoming of ladies and gentlemen at all times while at MONTEMAR. The accompanying or sponsoring member may be suspended or expelled for violation of, or disobedience to, or non-observance of such rules and instructions by their guests.
15.3 The accompanying or sponsoring member shall be responsible for all debts or liabilities to MONTEMAR that may be incurred by his/her guests as well as for the behavior of his/her guests and visitors while at MONTEMAR. The refusal of the member to assume responsibility for the behavior and accounts of his/her guests shall subject the member to suspension or expulsion.
15.4 All guests must register their full names, complete addresses and contact details in the guest book.
15.5 No guest shall be allowed to checkout of MONTEMAR unless all charges incurred by such guest have been settled prior to checkout.
15.6 Expelled or suspended members and their dependents and persons declared as personae non grata may not be guests of another member.
PART IV – EFFECTIVITY & AMENDMENTS
These Rules and Regulations are established with the objectives of protecting the facilities of MONTEMAR and promoting the health, safety, welfare and enjoyment of MBCI members, their families and guests. These Rules and Regulations are not intended to deal with all conceivable issues that may present itself to MONTEMAR or MBCI. Should there be any issue that is not covered by these Rules and Regulations, the same will be dealt with by the Board of Directors or the Management in a manner consistent with the above objectives.
Any prior rule, regulation, tradition or practice, whether written or verbal, that is inconsistent with these Rules and Regulations is immediately revoked and of no further force and effect.
These Rules and Regulations shall take effect immediately upon their approval by the Board of Directors and shall remain in force unless and until revoked, amended or modified at the sole discretion of the Board of Directors.
