These are the terms and conditions when entering into a rental agreement between the renter or agency and Baja Sur Vacation Rentals (BSVR).
Reservation and Payment Policy
Payment. Pre-payment of fifty percent (50%) of the full rental amount is due at the time of booking. The balance and any applicable refundable security deposit must be received by Baja Sur Vacation Rentals no later than 60 days prior to the arrival date or the reservation will be cancelled, and the prepayment retained. Rental client agrees that all payments due hereunder may be made by means of cashier’s check, money order, wire transfer or credit card.
Cancellation. Payments are non-refundable unless Baja Sur Vacation Rentals can re-rent the property for the same period of time at the same rate. If the property is re-rented under these terms, a refund will be granted less a $150 cancelation fee. If the property remains vacant, no refund will be issued. Alternatively, if the rental amount has been PAID IN FULL, guests have the option to rebook the same property, based upon availability, any time within one year from the original arrival date. Should the time selected be subject to a higher per diem rental rate, the difference in rate must be paid to rebook. A $75.00 rescheduling fee applies.
Security Deposit. Baja Sur Vacation Rentals requires a current credit card on file for the required security deposit. Baja Sur Vacation Rentals has the authorization to charge or hold the deposit at any time after booking the reservation.The renter is responsible for the care of the premises, appliances, and furnishings and for all damages caused by accidental, negligent or wrongful acts by the guest(s). The guest(s) agree to reimburse the owner for all losses, breakage or damage that occur during their stay. If any damages have incurred, we will provide guest(s) with an itemized statement within 7 days.
Waiver of Liability
Baja Sur Vacation Rentals and its staff act only as agents for the customer and shall not be held liable for any claims, including but not limited to: 1) responsibility for personal body injury, death, accident, lost, stolen or damaged property, loss of mental or physical enjoyment, inconvenience, or frustration to the customer. 2) damages alleged as a result from monetary crises, labor problems, economic changes, mechanical maintenance or construction difficulties or noise, climatic aberrations, local laws, novel or unexpected conditions; 3) additional expenses or other liabilities due to delay or changes in air or other services, missed carrier connections, substitute accommodations or of common carrier equipment, termination of service, change in fare and rates, cancellation or double booking reservations or tickets, sickness, monetary crises, political or social unrest, disease, acts of god or any events beyond our control. Owner of the properties represented may have limited or no liability insurance coverage. Customer agrees that any claim must be made through a court of law in Mexico. Baja Sur Vacation Rentals reserves the right to substitute similar accommodations or services. In the unlikely event of substitution, options will be given when possible and subject to customer approval (or refund will be honored). All prices are in US dollars.
Rental client acknowledges and accepts the following factors which may impact his use of the property rented under this agreement.
A. There may be construction in the area which may affect access, noise, or utility services. Los Cabos is a growing community and construction and noise may occur without notice. Baja Sur Vacation Rentals has no control over new projects, remodels, or schedules. Baja Sur Vacation Rentals cannot predict construction plans and therefore cannot be held responsible. No refunds can be given in the event of nearby construction.
B. Utility services may be interrupted because of natural causes.
C. If the property should become unavailable due to extenuating circumstances, Baja Sur Vacation Rentals shall immediately notify guest and attempt to relocate guest. Best efforts will be made to offer another property of equivalent standard with which the client will be in agreement. If the price of the alternative property is less, the difference will be refunded to the client, but if the price is higher the client must pay the difference. If no agreement can be reached, both parties are entitled to cancel. Baja Sur Vacation Rentals will refund to the client only the rental price paid.
Occupancy and Special Events
This reservation is for the specific use per number of guests on the contract. We reserve the right to charge for any additional guests, rooms, or nights. Do not exceed the contracted number of guests of your reserved property at any time. Event and homeowner’s association permit fees may be assessed for guests exceeding contracted number of guests. The total number of guests allowed in a property is restricted to the limit stated for said property. Parties, weddings, or other large gatherings are not allowed at any property without written permission from Baja Sur Vacation Rentals. Occupancy may not, at any time, go over maximum limits. Failure to abide the occupancy regulations may result in additional fees and/or eviction without refund.
Refusal of Service. If at any time during the guests stay, the rental company or the property management staff deems that the guests have treated the property or the staff unprofessionally or have caused flagrant damage to the property, the guests could be subject to eviction immediately. There will be no tolerance for any illegal activities at any property. Any illegal activities performed by the rental client and client’s guests will be grounds for immediate eviction.
Minimum Age. In order to enter into a contract with Baja Sur Vacation Rentals, rental client must be a minimum of 25 years of age. The rental client must also be staying with the group during the specified dates and could be asked to show a picture ID at any time during the stay. If Baja Sur Vacation Rentals determines the rental client is not with the group or is indeed not 25 years old, the entire group is subject to eviction immediately without refund.
Smoking. Absolutely NO smoking inside any residence.
Pets. No pets allowed at any residence.
Incidental Charges. Gratuities, cribs, extra beds, groceries, and all other charges incurred during the rental period must be paid in cash or by credit card upon receipt and prior to vacating the rental property. Failure to abide by this stipulation may result in additional fees that will be deducted from the security deposit if applicable or charged to the rental client.
For any problems during your stay you must contact the local management company immediately. The manager/local contact will assist you. If you do not contact the local management company during your stay, any issues after completion of your rental cannot be considered as they were not given the opportunity to remedy the problem.
When fully executed by Rental Client, this document may be transmitted to Baja Sur Vacation Rentals via fax or e-mail. This agreement will take effect only upon execution by an authorized representative of Baja Sur Vacation Rentals and the receipt of deposit and /or payment.
This agreement shall only be construed pursuant to the laws of, and enforceable solely through the Courts of the State of California, United States of America. The parties agree that venue and jurisdiction (both personal and subject matter) shall be in the Superior Court of San Diego County, California.
Should either party to this agreement incur expenses, including attorney fees and costs, to enforce the terms of this agreement, the prevailing party shall be entitled to an award of their attorney’s fees, costs, and expenses.