SHORT TERM RENTAL AGREEMENT
TERMS AND CONDITIONS
Definitions - A list of definitions as they are used here is provided at the end of this Agreement for your reference.
Reservations Are Tentative Until Approved - Reservations are tentative until you have returned the signed Agreement, it is approved, and the rental and security deposits have been paid.
Contracting Party; Minimum Age - We will contract with only one responsible party and that party must be a minimum of 25 years old. If there will be more than one party renting the property and the charges are to be split between you, that will be a matter exclusively between yourselves. The Party signing the contract will be the one held responsible under the terms of this Agreement.
Payment – All charges and payments arising under the terms of this Agreement are in US dollars. Payments must be made by credit card in US dollars.
Check-in/Check-Out - Check-in time is 4:00 p.m. Check-out time is 11:00 a.m. Early check-ins and/or late check-outs can be arranged if circumstances allow.
No Shows/Late Arrivals/Early Departures – The Property has been reserved exclusively for your use during the term of your reservation. There are no refunds or credits for no shows, late arrivals or early departures.
No Smoking - This is a non-smoking property. There are no exceptions. This includes all interior areas of the house as well as decks, porches, patios, palapas and steps.
No Pets - No pet are permitted on the property at any time.
Occupancy- Rental rates apply to a maximum occupancy of (6) adults and two children under the age of 18, i.e. we will not rent to 8 adults. It a private residence and is specifically not rented for large gatherings. The maximum number of persons occupying the house at any point in time cannot exceed a maximum of twelve (12) individuals including the Guest and their party.
Travel Insurance - The reality is life is full of uncertainties! Some of which neither you nor we can control but which can effect your vacation nevertheless. On our side, hurricanes or storms are the primary considerations. On your side, there are a myriad of things that can come up for yourself, business and family. For these reasons, we highly recommend purchasing travel insurance.
Reservations - There are two types of reservations. “Holiday” reservations are those reservations made for the Easter and Christmas Seasons (April 4-19, 2009 and December 19, 2009 to January 9, 2010 and the corresponding periods of subsequent years). “Non-holiday” reservations are those for any other time of year. There are different policies for each of the two.
Holiday Reservations - A 50% initial rental deposit is due at the time the reservation is made along with the security deposit. The remaining rental amount balance will be due 90 days prior to the first date of the your scheduled occupancy. In cases were the rental amount balance is not received by this time, the reservation will be cancelled and the initial rental deposit amount forfeited. In cases where the reservation is made less than 90 days from the first day of occupancy, the entire rental amount and security deposit are due at the time the reservation is made.
Non-Holiday Reservations - A 50% initial rental deposit is due at the time the reservation is made along with the security deposit. The remaining rental amount balance will be due 45 days prior to the first date of the your scheduled occupancy. In cases were the rental amount balance is not received by this time, the reservation will be cancelled and the initial rental deposit amount forfeited. In cases where the reservation is made less than 45 days from the first day of occupancy, the entire rental amount and security deposit are due at the time the reservation is made.
Cancellations and Refunds - The minimum cancellation notice is 45 days for non-holiday reservations and 90 days for holiday reservations. As long as the minimum notice requirements have been met or exceeded, all initial rental deposits are refundable less a cancellation fee of 25% of the total rental amount. In all cases of cancellation prior to occupancy, your security deposit will be returned to you in full.
In the event adequate notice of cancellation is not given, i.e. less than 45 days for non-holidays and 90 days for holidays, all amounts paid, with the exception of the security deposit will be forfeited.
The rental amount balance will be automatically charged to your credit card on file on, or after, the date it is due unless we are notified by you of your intent to cancel in advance of the date due. To avoid any confusion, all cancellation requests need to be sent via FAX to 818 735-9469.
Rescheduling and Changes – Because the Property is held exclusively for you and we do not “double book” reservations, rescheduling a reservation is considered a cancellation of the initial reservation and the creation of a new one. Cancellation charges will apply. Rescheduling requests need to be sent via FAX to 818 735-9469.
Refunds For Events Out of Owner’s Control – We will make every effort to correct any problem that arises during your stay in a timely manner . There will be no refunds or compensation for events out of our control including but not limited to: Acts of God, severe weather conditions, acts of war, or actions of government agencies, road maintenance, gas shortages, power outages, water outages, internet outages, construction or maintenance work in the vicinity, equipment failures, road conditions, proximity to other dwellings, business closures and area event schedule changes.
Damages to Property – The Property and its contents are to be left in clean, undamaged condition. The property has been cleaned and inspected prior to your arrival. The day you arrive, please do a walk-through inspection of the Property. If you notice damage to the Property or its contents please notify the property manager (Gabriel Pena) immediately.
Security Deposit - A $500.00 minimum security deposit will be charged to your credit card when the property is booked. This amount is based on an occupancy of no more than 6 adults and 2 children. The security deposit does not apply to rent. Your security deposit will be refunded, in full, less any deductions for damage to the property, its contents, or Playa Las Tortugas common areas within 30 days from your last date of occupancy of the property.
For the time that you occupy the property you agree that you are responsible for all damages or loss occurring to the property or its contents caused by your actions or negligence. In the event that damages or loss described under this section occur and exceed the security deposit amount, you hereby agree that your credit card on file with us may be automatically be charged for any damages in excess of the security deposit amount.
Maid Service/Linens – Standard daily maid service is included in the rental price. The standard service consists of basic services such as making the beds, taking out the trash, sweeping, and replenishing supplies. A thorough or “deluxe” cleaning is done before your arrival. Deluxe maid service consists of a more comprehensive cleaning every day, including the following services: Cleaning bathrooms, bedrooms, and the kitchen; mopping the floors; changing the linens and towels. Deluxe maid service may be provided more frequently at an additional cost if you request it. Cooking and maid services are not available on Sundays or on the following holidays: Christmas Eve, Christmas Day, New Year’s Eve, New Year’s Day, Good Friday, The Monday after Easter, Dia de la Independencia, and Dia de la Revolucion.
Equipment Malfunctions - In case any equipment malfunctions, you should notify the Property Manager (Gabriel Pena) as soon as practical to arrange for repairs. Every effort will be made to correct any urgent situation in as little time as possible. Bear in mind that this is a secluded location in Mexico and getting repairs done may take longer than in the United States or Canada. We cannot guarantee against malfunctions of utilities, air conditioning, electricity, water, any appliances, pool, satellite, television, telephones, electronics, grills, etc. No refunds or compensation will be given for failure of the above.
Satellite TV – Television access is provided by Satellite. We cannot guarantee TV channel availability. The television services provided are basic television access by satellite. Premium packages, i.e., Movie Channels, Sports Channels, Pay Per View, etc. are not offered.
Items Left Behind – We are not responsible for any items you leave behind intentionally or unintentionally on the Property. We will be happy to ship them to you if you let us know.
Alcohol/Drugs – The legal drinking age in Mexico is 18. No drinking of alcoholic beverages by persons under the legal age of eighteen (18) is allowed on the Property. Illegal drug use is strictly prohibited.
Conduct – Your occupancy and use of premises should not disturb or offend neighbors or residents by loud parties, excessive noise and/or obnoxious behavior.
Wildlife – The Property is located in an eco-preserve area that harbors different types of wildlife in their natural environment, including insects. The wildlife has not been domesticated and your caution is advised for all wildlife encounters. You are encouraged to bring appropriate insect repellent for outdoor activities and dress accordingly. We assume no liability for wildlife encounters.
Lock-Out – The Property manager is happy to let you in if you should lock yourself out when he is there. However, the Property manager is not on the premises 24/7. If you lock yourself out when he is not there, there may be a service call charge assessed. The amount of the service call charge will be dependent on the services necessary to secure your re-entry of the Property.
Licensee of Owner - Guests are a licensee of the Owner and not a tenant. Renting the premises under the terms of this Agreement in no way constitutes Guest acquiring an interest in the property.
Listing Information - Information on listings is as accurate as possible but cannot be guaranteed. Rates, furnishings, fees, and taxes on listings are subject to change without notice. However, once you pay the deposit, sign and return this contract and it is accepted, the rental rates are fixed.
Right of Entry – We reserve the right to enter the property at anytime to investigate disturbances, check occupancy, check for damages, make repairs, alterations, and improvements, as we or our agents deem necessary.
Refusal of Service - We reserve the right to refuse service to anyone, however the Property is leased without regard to race, color, religion, sex, national origin, or physical handicap.
Violation of Agreement - A material breach of this Agreement which results in damage to the Premises, personal injury to yourself or others, a breach of the peace, a nuisance to others, or a violation of criminal law or local code, shall be grounds for termination of your occupancy of the Property. Permission to occupy the premises may be revoked if the reservation was made using fraud or misrepresentation. Any reservation made under false pretenses will result in forfeiture of advance payments and you will not be permitted to check-in.
Disputes – This Agreement shall be governed by and interpreted in accordance with the laws of the State of California be treated as though it were executed in the County of Los Angeles. Any action relating to this Agreement shall be instituted and prosecuted only in Los Angeles County, California. You specifically consent to such jurisdiction and to extraterritorial service of process.
Indemnification and Hold Harmless – Guest is responsible for any property damage, accident or injury to any person or loss sustained by any person arising out of, or in any way related to, Guest’s use of the Property or its contents. Guest agrees to indemnify and hold Owner, Owner’s Agents, Playa Las Tortugas and its homeowners and Homeowners’ Association and their officers and employees, harmless from any and all claims including those of third parties, arising out of or in any way related to Guest’s use of the Property or its contents. Guest assumes all risks of injury or other losses relating to any recreational activities and will hold Owner and its Agents harmless with respect thereto.
Severability - If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: 1) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or 2) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement."
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