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.
- Cancellations:Payments are non-refundable and non-transferable unless Baja Sur Vacation Rentals can re-rent the property for the same rate and period of time, subject to a $200 cancellation fee.
- Rescheduling:You may reschedule 21 days or more prior to your arrival date, with the same property and number of nights, for travel within one year of the original check-out date, subject to a $100 rescheduling fee. Rescheduled reservations are subject to availability and any applicable price increase for dates of stay. One (1) rescheduling per reservation is permitted.
Note:Holiday and Limited Offer reservations may not be rescheduled.
- Security Deposit: Baja Sur Vacation Rentals requires a current credit card on file for the required security deposit (amount depends on property or 25% of the rental amount). This deposit shall be made as a credit card pre-authorization to the customer’s credit card within 4 days of the scheduled arrival date. Baja Sur Vacation Rentals has the authorization to charge or hold the deposit at any time after booking the reservation. The renter is responsible for the care of the premises, appliances, and furnishings and for all damages caused by accidental, negligence or wrongful acts by the guest(s). The guest(s) agree to reimburse the owner for all loss of inventory, breakage, damage, excessive cleaning fees, HOA fines, event fees, excess occupancy fees and service charges during occupancy dates. If any damages have incurred, we will provide guest(s) with an itemized statement within 7 days.
- Rates and Accommodation Substitution: Prices, services and amenities are subject to change without notice. Baja Sur reserves the right to substitute similar services, accommodations, or amenities if they become unavailable due to circumstances beyond our control or if a price, service, or amenity was shown or quoted incorrectly. All prices are in U.S. Dollars ($USD).
- Unexpected Events: Rental client acknowledges and accepts the following factors which may impact his use of the property rented under this agreement.
- Construction – Los Cabos is a growing resort area and construction may occur at any time without notice. Baja Sur Vacation Rentals has no control over construction projects, noise, or schedules; however, we will do our best to assist should there be an inconvenience. 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. Interruption of Services – Utility services may be interrupted because of natural causes.
- Force Majeure Policy – In the event of a natural disaster or travel restriction in the customer’s final destination which prevents travel, customer will have the option to reschedule accommodations and services booked for use within one year of the original travel dates. (Same property and services) Should a natural disaster occur while the customer is in their final destination causing the customer to depart early, they may reschedule the unused portion of their accommodations and/or services within one year of the original travel dates. (Same property and services) Rescheduled reservations are subject to current rates for the dates selected at the time the accommodation or services are requested.
- Extenuating Circumstances: 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.
- Physical Disabilities: Mexico does not conform to U.S. American Disabilities Act standards, therefore accommodations and facilities for disabled persons are extremely limited in Mexico.
- Restrictions: There are strict policies regarding entertaining unregistered guests at the villa or having an event. Please confirm the policy for the villa you have rented. The Guest must request permission in advance in writing from the Agent /or Owner to host any event with unregistered guests. An event fee may apply, usually equivalent to one night’s rental fee, plus an additional Security Deposit, if this policy is not adhered to and casual visitors arrive, staff has authority to deny entry and those staying at the villa may be asked to vacate the property immediately without refund or compensation. Please confirm policies in advance Guests occupying the vacation property will be responsible for any damages caused by them or their guests to the property or its assets during their stay in that property are not allowed without prior approval. Noise curfews affecting nearby properties will be enforced.
All noise and/or music shall be maintained at reasonable levels to accommodate quiet enjoyment of neighbors and authorities. Special attention to noise levels is required between the hours of 10pm and 8am. Please check with villa staff for further details.
- 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, the staff, or the association’s security guards 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. Unlawful activities (Drug use, Prostitution) are strictly prohibited as well boisterous, rowdy, lewd and explicit behavior will not be tolerated. In the case a guest does not respect this policy, guest may be evicted immediately, without refund or compensation for any used portion of the reservation and the Security Deposit forfeited.
- Pedregal HOA Security Rules & Regulations: The Pedregal is a gated private residential community in Los Cabos BCS and there is security that patrols the area. We wish to remind our Vacation Guests that many Full-time residents also live on this area. We ask our guests to be considerate of all parties. To ensure the enjoyment and use of these properties, for all concerned people, we require that you extend common courtesy and abide by the Pedregal Rules & Regulations.
By signing this rental agreement, you agree to the terms listed in the Pedregal HOA Rules & Regulations and also the Guest Responsibilities/Guest Rules & Guidelines that are attached to this rental agreement.
- 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. You must be a minimum age of 21 to rent a car and have a major credit card. Surcharges may apply for drivers ages 21-24.13. Smoking: Absolutely NO smoking inside any residence.
14. 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.
- Long Term Rentals (1 Month or More):Cost for utilities and house cleaner service are deducted from the security deposit. Any amount due over the amount of the security deposit collected is the responsibility of the long-term rental client and is due immediately upon request from Baja Sur Vacation Rentals.
17. 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. 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).
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.