Terms and Conditions
PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant the entire 7-bedroom property known as Villa Savina (the "Premises") located at Camino Galento 5, El Pedregal, Cabo San Lucas, MX 23453.
TERM. The Tenant will have full control and use of the Premises during the term of the reservation, subject to limitations described herein..
LEASE PAYMENTS. The Total Rental Fees owed for this Lease is payable in advance. A deposit of 50% shall be paid upon booking in order to reserve the Tenants reservation. Said deposit will be applied to the total rental payment. The balance is due and must be delivered to the Landlord no later than 14 days prior to arrival.
SECURITY DEPOSIT. A $5,000 security deposit will be authorized to the credit card used to secure the reservation 14 days prior to arrival. The security deposit will be disbursed for Tenant damages to the Premises, noise and other violations of House Rules or other defaults under this Agreement (if any) as provided by law. Security deposit will protect owner against damage or theft to the property. The authorization will expire 5 days after the Tenant departure if the Property is not damaged and no theft or violations have occurred. Deposit may be applied by Landlord to satisfy damage repairs caused by Renter or to replace stolen items and such act shall not prevent Landlord from claiming damages in excess of the deposit. The Tenant is held financially responsible for damages to the Rental Property, whether made by themselves, their family, or other guests in their group or invitee(s).
DAILY BREAKFAST. A daily full breakfast is included in the price of the rental at no additional cost to Tenant. Breakfast is typically served starting at 9 AM, but can be adjusted at the discretion of the Tenant.
STAFF GRATUITIES. Villa Savina has a dedicated full-time staff of four that strive to make your vacation perfect. They arrive each day at 8:00 AM to prepare breakfast and begin cleaning the property. They typically depart at 5:30 PM each day, but the timing can be adjusted at the discretion of the Tenant. Rental rates do not include staff gratuities, which are at the sole discretion of the Tenant.
POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease at 3:00 PM, and shall yield possession to Landlord on the last day of the term of this Lease at 10:00 AM, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant shall remove its goods and effects and peaceably yield up the Premises to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted.
USE OF PREMISES. Tenant shall occupy and use the Premises as a short-term vacation rental. The premises shall not be used for events unless approved in advance with the Landlord and HOA. Such events shall incur an additional fee.
OCCUPANTS. Tenant agrees to limit persons occupying the Premises to the number disclosed at the time of booking. Additional guests require written consent of the Landlord in advance. All guests over the age of 16 are counted towards the maximum. Any party falsely representing the number of people, or exceeding the maximum may be subject to eviction without refund.
PETS. No pets shall be allowed on the Premises.
PARKING. The maximum number of cars allowed at the Property at any one time is 2. Parking exceeding this limit may result in fines that are the responsibility of the Tenant, and would disbursed from Security Deposit to reimburse Landlord.
NON-DISTURBANCE CLAUSE. Tenant and their guests shall not disturb, annoy, endanger or inconvenience neighbors nor use the premises for any unlawful purposes. Noise levels must be respectful to neighbors at all times. After 8:45pm, music and other loud conversation is not permitted outdoors and fines can be assessed.
CANCELLATIONS. (a) If the Property becomes unavailable to the Tenant prior to occupancy, for any reason, Landlord agrees to refund the full amount paid to the date of cancellation, and Tenant agrees to release any claims against Landlord. (b) If, for any reason, the Tenant cancels this Agreement more than 60 days from the Arrival Date, Tenant will receive a refund of amounts paid, less a cancellation fee of 5% of Total Rental Fee. Tenant cancellations made within 31-60 days of Tenant Arrival Date, Tenant will receive a refund of amounts paid, less a cancellation fee of 25% of Total Rental Fee. For Tenant cancellations made within 30 days of Tenant Arrival Date, the Total Rental Fee is payable as a cancellation fee. Failure to pay the Final Payment in a timely manner will be considered a cancellation under this subparagraph and will result in forfeiture of the Reservation deposit.
SMOKING. Smoking is strictly forbidden inside the Property. Smoking is only allowed "outside". Evidence of smoking inside the Property will result in immediate eviction and forfeiture of all amounts paid and will result in additional Cleaning Fee charges to Tenant as Excess Damage Cost and will be charged against the Tenant's security deposit at Landlord's election.
COOKING. Tenant may cook only in the specific areas set aside by Landlord for cooking. No open fires are allowed other than in the kitchen range, BBQ/grill and outdoor fireplaces.
CLEANING. The property will be inspected and cleaned prior to arrival, and again the morning of departure. Due to the pandemic, the Landlord will augment cleaning protocol to account for the changes in cleaning in adherence to COVID-19 protocols. The rental fee includes the cost of cleaning.
POOL/HOT TUB. Tenant acknowledges, and is fully aware that the surfaces in and around the pool and hot tub can be slippery. Injury can be caused by careless acts. The Tenant agrees to exercise caution to prevent injury. Tenant and guests shall not sit or stand on the outer perimeter ledges of the pool and hot tub due to risk of injury. The Tenant and their visitors accept and assumes all risks involved in or related to the use of the pool and hot tub.
OTHER RECREATION. The following may be available from time to time on the property and grounds: bocce ball, putting green, fitness center. Any other recreational activities that occur on the premises will be permitted according to the discretion of the Landlord. The Tenant and their visitors accept and assumes all risks involved in or related to the use of the pool and hot tub.
CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law.
ACCESS BY LANDLORD TO PREMISES. Under rare circumstances, and subject to Tenant's consent (which shall not be unreasonably withheld), Landlord shall have the right to enter the Premises to make inspections and provide necessary services. As provided by law, in the case of an emergency, Landlord may enter the Premises without Tenant's consent.
INDEMNITY REGARDING USE OF PREMISES. To the extent permitted by law, Tenant agrees to indemnify, hold harmless, and defend Landlord from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Landlord may suffer or incur in connection with Tenant's possession, use or misuse of the Premises.
DANGEROUS MATERIALS. Tenant shall not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Landlord is obtained and proof of adequate insurance protection is provided by Tenant to Landlord.
COMPLIANCE WITH REGULATIONS. Tenant shall promptly comply with all laws, ordinances, requirements and regulations of the federal, state, municipality and other local authorities.
ASSIGNABILITY/SUBLETTING. Tenant may not assign or sublease any interest in the Premises, nor assign, mortgage or pledge this Lease, without the prior written consent of Landlord.
CASUALTY OR DESTRUCTION. (a) Should the Property be destroyed or rendered uninhabitable by an Act of God (including, but not limited to, hurricanes, storms, floods or fires), or by environmental disaster, or loss of utilities prior to occupancy by Tenant, this Agreement shall become null and void, and all payments made hereunder shall be refunded to Tenant. (b) Should the Property be destroyed or rendered uninhabitable as above during occupancy, reimbursement on a pro-rated basis will be negotiated between Tenant and Landlord based on the following: No refund is due (or will be made) for inclement weather.
NOTICE. Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed to the party at the appropriate address set forth below. Such addresses may be changed from time to time by either party by providing notice as set forth below. Notices mailed in accordance with these provisions shall be deemed received on the third day after posting.
GOVERNING LAW. This Lease shall be construed in accordance with the laws of California and Baja California Sur.
ENTIRE AGREEMENT/AMENDMENT. This Lease contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER. The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease.
BINDING EFFECT. The provisions of this Lease shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors and assigns.
CAUSE FOR EVICTION. The Tenant and all parties with the Tenant will be subject to immediate eviction from the Property if the Tenant or parties of the Tenant violate any terms of this Agreement, including but not limited to, violation of the occupancy limits, pet provision, smoking or noise ordinances. In the event of eviction from the Property, the Tenant shall forfeit all amounts paid and there will be no refund of money.
ATTORNEY'S FEES AND COSTS. If Landlord employs the services of an attorney to enforce any conditions of this Agreement, to collect any amounts due, the eviction of the Tenant, or because Tenant takes any action to recover deposits not due, Tenant shall be liable to Landlord for reasonable attorney's fees and costs incurred by Landlord.
ACKNOWLEDGMENT. The Parties hereby understand and accept the terms and conditions on all pages of this Agreement.
TERM. The Tenant will have full control and use of the Premises during the term of the reservation, subject to limitations described herein..
LEASE PAYMENTS. The Total Rental Fees owed for this Lease is payable in advance. A deposit of 50% shall be paid upon booking in order to reserve the Tenants reservation. Said deposit will be applied to the total rental payment. The balance is due and must be delivered to the Landlord no later than 14 days prior to arrival.
SECURITY DEPOSIT. A $5,000 security deposit will be authorized to the credit card used to secure the reservation 14 days prior to arrival. The security deposit will be disbursed for Tenant damages to the Premises, noise and other violations of House Rules or other defaults under this Agreement (if any) as provided by law. Security deposit will protect owner against damage or theft to the property. The authorization will expire 5 days after the Tenant departure if the Property is not damaged and no theft or violations have occurred. Deposit may be applied by Landlord to satisfy damage repairs caused by Renter or to replace stolen items and such act shall not prevent Landlord from claiming damages in excess of the deposit. The Tenant is held financially responsible for damages to the Rental Property, whether made by themselves, their family, or other guests in their group or invitee(s).
DAILY BREAKFAST. A daily full breakfast is included in the price of the rental at no additional cost to Tenant. Breakfast is typically served starting at 9 AM, but can be adjusted at the discretion of the Tenant.
STAFF GRATUITIES. Villa Savina has a dedicated full-time staff of four that strive to make your vacation perfect. They arrive each day at 8:00 AM to prepare breakfast and begin cleaning the property. They typically depart at 5:30 PM each day, but the timing can be adjusted at the discretion of the Tenant. Rental rates do not include staff gratuities, which are at the sole discretion of the Tenant.
POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease at 3:00 PM, and shall yield possession to Landlord on the last day of the term of this Lease at 10:00 AM, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant shall remove its goods and effects and peaceably yield up the Premises to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted.
USE OF PREMISES. Tenant shall occupy and use the Premises as a short-term vacation rental. The premises shall not be used for events unless approved in advance with the Landlord and HOA. Such events shall incur an additional fee.
OCCUPANTS. Tenant agrees to limit persons occupying the Premises to the number disclosed at the time of booking. Additional guests require written consent of the Landlord in advance. All guests over the age of 16 are counted towards the maximum. Any party falsely representing the number of people, or exceeding the maximum may be subject to eviction without refund.
PETS. No pets shall be allowed on the Premises.
PARKING. The maximum number of cars allowed at the Property at any one time is 2. Parking exceeding this limit may result in fines that are the responsibility of the Tenant, and would disbursed from Security Deposit to reimburse Landlord.
NON-DISTURBANCE CLAUSE. Tenant and their guests shall not disturb, annoy, endanger or inconvenience neighbors nor use the premises for any unlawful purposes. Noise levels must be respectful to neighbors at all times. After 8:45pm, music and other loud conversation is not permitted outdoors and fines can be assessed.
CANCELLATIONS. (a) If the Property becomes unavailable to the Tenant prior to occupancy, for any reason, Landlord agrees to refund the full amount paid to the date of cancellation, and Tenant agrees to release any claims against Landlord. (b) If, for any reason, the Tenant cancels this Agreement more than 60 days from the Arrival Date, Tenant will receive a refund of amounts paid, less a cancellation fee of 5% of Total Rental Fee. Tenant cancellations made within 31-60 days of Tenant Arrival Date, Tenant will receive a refund of amounts paid, less a cancellation fee of 25% of Total Rental Fee. For Tenant cancellations made within 30 days of Tenant Arrival Date, the Total Rental Fee is payable as a cancellation fee. Failure to pay the Final Payment in a timely manner will be considered a cancellation under this subparagraph and will result in forfeiture of the Reservation deposit.
SMOKING. Smoking is strictly forbidden inside the Property. Smoking is only allowed "outside". Evidence of smoking inside the Property will result in immediate eviction and forfeiture of all amounts paid and will result in additional Cleaning Fee charges to Tenant as Excess Damage Cost and will be charged against the Tenant's security deposit at Landlord's election.
COOKING. Tenant may cook only in the specific areas set aside by Landlord for cooking. No open fires are allowed other than in the kitchen range, BBQ/grill and outdoor fireplaces.
CLEANING. The property will be inspected and cleaned prior to arrival, and again the morning of departure. Due to the pandemic, the Landlord will augment cleaning protocol to account for the changes in cleaning in adherence to COVID-19 protocols. The rental fee includes the cost of cleaning.
POOL/HOT TUB. Tenant acknowledges, and is fully aware that the surfaces in and around the pool and hot tub can be slippery. Injury can be caused by careless acts. The Tenant agrees to exercise caution to prevent injury. Tenant and guests shall not sit or stand on the outer perimeter ledges of the pool and hot tub due to risk of injury. The Tenant and their visitors accept and assumes all risks involved in or related to the use of the pool and hot tub.
OTHER RECREATION. The following may be available from time to time on the property and grounds: bocce ball, putting green, fitness center. Any other recreational activities that occur on the premises will be permitted according to the discretion of the Landlord. The Tenant and their visitors accept and assumes all risks involved in or related to the use of the pool and hot tub.
CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law.
ACCESS BY LANDLORD TO PREMISES. Under rare circumstances, and subject to Tenant's consent (which shall not be unreasonably withheld), Landlord shall have the right to enter the Premises to make inspections and provide necessary services. As provided by law, in the case of an emergency, Landlord may enter the Premises without Tenant's consent.
INDEMNITY REGARDING USE OF PREMISES. To the extent permitted by law, Tenant agrees to indemnify, hold harmless, and defend Landlord from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Landlord may suffer or incur in connection with Tenant's possession, use or misuse of the Premises.
DANGEROUS MATERIALS. Tenant shall not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Landlord is obtained and proof of adequate insurance protection is provided by Tenant to Landlord.
COMPLIANCE WITH REGULATIONS. Tenant shall promptly comply with all laws, ordinances, requirements and regulations of the federal, state, municipality and other local authorities.
ASSIGNABILITY/SUBLETTING. Tenant may not assign or sublease any interest in the Premises, nor assign, mortgage or pledge this Lease, without the prior written consent of Landlord.
CASUALTY OR DESTRUCTION. (a) Should the Property be destroyed or rendered uninhabitable by an Act of God (including, but not limited to, hurricanes, storms, floods or fires), or by environmental disaster, or loss of utilities prior to occupancy by Tenant, this Agreement shall become null and void, and all payments made hereunder shall be refunded to Tenant. (b) Should the Property be destroyed or rendered uninhabitable as above during occupancy, reimbursement on a pro-rated basis will be negotiated between Tenant and Landlord based on the following: No refund is due (or will be made) for inclement weather.
NOTICE. Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed to the party at the appropriate address set forth below. Such addresses may be changed from time to time by either party by providing notice as set forth below. Notices mailed in accordance with these provisions shall be deemed received on the third day after posting.
GOVERNING LAW. This Lease shall be construed in accordance with the laws of California and Baja California Sur.
ENTIRE AGREEMENT/AMENDMENT. This Lease contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER. The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease.
BINDING EFFECT. The provisions of this Lease shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors and assigns.
CAUSE FOR EVICTION. The Tenant and all parties with the Tenant will be subject to immediate eviction from the Property if the Tenant or parties of the Tenant violate any terms of this Agreement, including but not limited to, violation of the occupancy limits, pet provision, smoking or noise ordinances. In the event of eviction from the Property, the Tenant shall forfeit all amounts paid and there will be no refund of money.
ATTORNEY'S FEES AND COSTS. If Landlord employs the services of an attorney to enforce any conditions of this Agreement, to collect any amounts due, the eviction of the Tenant, or because Tenant takes any action to recover deposits not due, Tenant shall be liable to Landlord for reasonable attorney's fees and costs incurred by Landlord.
ACKNOWLEDGMENT. The Parties hereby understand and accept the terms and conditions on all pages of this Agreement.