TERMS AND CONDITIONS
CHECK-IN / CHECK OUT
Unless specified otherwise, Check-in time is 3pm and Check-Out time is 10am . We ask that you please respect the check-in check-out times as other parties, such as yourself, may be coming or going. This allows sufficient time for the maids to prepare the premises for your stay and the people arriving after you. Late check-outs may be requested at the time of check-in with your concierge. Late checkouts are not guaranteed, are subject to availability and are also subject to a $150 per hour late check-out fee after your pre-arranged check-out time.
EARLY CHECK IN & LATE CHECKOUT REQUESTS
Please submit your request for early check-ins or late-checkouts in writing. Early check-in requests will be confirmed within 48 hours of arrival. Late checkouts will be confirmed within 48 hours of departure and will be communicated through your concierge. Both the early check-in and late check-out requests are each subject to a fee only if the request is successful. We regret that due to other reservations, this may not always be possible. In the event your request is unable to be fulfilled, we kindly ask that you adhere to the check-in and check-out times.
RESERVATION/BOOKINGS, DEPOSITS AND FINAL PAYMENTS
The reservation/booking deposit is 50% of total rental fee in U.S. funds at time of request for reservation. Final payment is due 45 days prior to travel date. All reservation requests made 45 days or less prior to travel dates require full payment of rental fee to confirm the request. A refundable security deposit of Reservations will automatically be cancelled if funds are not received in our office within 3 business days of your request. We reserve the right to treat any confirmed booking as cancelled if schedules are not met. Extensions and/or modifications may be requested, but cannot be guaranteed as acceptable.
Reservations may be re-scheduled for up to one year from the originally scheduled arrival date. Requests for re-scheduling must be made in writing and submitted to us no later than 60 days prior to arrival. Re-scheduling is subject to availability and re-scheduling reservations are subject to a $100 re-scheduling fee. Only one (1) re-scheduling per reservation is permitted. We regret that reservations made for the following holidays cannot be re-scheduled: Christmas & New Years Weeks, Thanksgiving, Presidents Day, Spring Break, and Easter Weeks.
CANCELLATION AND REFUNDS
If it is necessary for you to cancel a reservation we will attempt to re-rent the property for the entire period of the original booking. If the property is fully re-rented a refund will be made, less a cancellation charge of 10% of the original reservation. Partial re-rentals or rentals obtained at a lesser rate will be refunded in the amount of the re-rental less a 10% cancellation charge. Every effort will be made to re-rent the property but in those cases where we are unable to secure another rental, we regret that no refunds can be made. All cancellations must be communicated in writing no less than 30 days prior to your arrival dates. There are NO refunds whatsoever for the following Holiday Periods – Spring Break, Thanksgiving, Christmas and New Years. Except as specifically provided herein, all of our commissions and fees, and any expenses that you or others incur in respect of the accommodations and services that we provide, are absolutely non-refundable.
In the event any property becomes unavailable due to circumstances beyond our control after a payment is received, Sun Cabo will have the option of moving the reservation to another property. If this property is unsatisfactory to the guest, Sun Cabo will refund any payments in full.
ACCIDENTAL DAMAGE PROTECTION
The Accidental Damage Protection you have purchased will cover most unintentional damages to the rental unit interior or exterior that may occur during your stay, provided they are disclosed to management prior to check-out. The policy will pay a maximum benefit of $5000 if you purchased the $199 coverage, $3000 if you purchased the $129 coverage OR $1500 if you purchased the $79 coverage. You may opt to increase your coverage to the highest level by notifying your agent prior to check in and tendering payment for the higher level of coverage. Please note: This is for ACCIDENTAL DAMAGE ONLY. Intentional misuse or damage to the property will not be covered. Damage from Children 10 & under is NOT covered. Linen, Towel and Mattress replacement are NOT covered. Any damages that exceed the coverage you purchased will be charged to the credit card on file. At it’s sole discretion, Sun Cabo Vacations reserves the right to collect an additional damage deposit.
The presence of any person at the property who has not been listed on the approved guest list constitutes a “Special Event”. All “Special Events” require specific “Additional Provisions” as an addendum to this contract. Events such as weddings, receptions, parties or gatherings with people other than the occupants of the property are some examples of Special Events and are strictly NOT allowed, unless specified otherwise within this contract under Additional Provisions. Additional charges, such as event fees, HOA fees, and damage deposits may be applicable for each and every event. Each event request will be assessed by Sun Cabo Vacations on a case-by-case basis. ONLY those guests who are listed on the approved guest list are permitted at the property. Unauthorized events are grounds for eviction with a forfeiture of any rental monies paid.
No smoking is allowed inside any property. Should you or one of the other guests wish to smoke, please accept the request of the owner and only do so outside the house.
All incidental charges will be paid upon departure by Guest to Sun Cabo Vacations by cash or credit card. Credit Cards accepted are Visa, MasterCard, Discover and American Express. Any incidental charges paid by credit card are subject to a 3.50% processing fee. Incidental charges include but are not limited to excess propane, private chef services, grocery charges, spa services and telephone charges that appear on Owner’s bill. Please note that it may take up to 60 days to receive telephone bills, and the credit card on file will be charged accordingly. Please provide a fax number if you would like a copy of the charges sent to you. Please Note: Turning the pool up high ( > 84 degrees ) and leaving the Jacuzzi on all night will use an excessive amount of propane and will most certainly incur additional expense that is your responsibility.
Guests traveling out of the United States, Canada, and other countries are responsible for obtaining proper documents for traveling in Mexico or to the country in which you are traveling. (Check with your airline/transportation provider for required documents). It is always good to know something about the laws of the country in which you are traveling. Please be advised, the laws and procedures in other countries may be different than you are accustomed to.
In the event of a Natural Disaster (ie. Hurricane, Earthquake, Tidal Wave, or other Act of God) in the Los Cabos area which makes travel impossible or impractical within the Los Cabos region and Sun Cabo is unable to fulfill it’s obligation to the renter because the property is damaged or destroyed, or if it is similarly impractical for the renter to make it to the property due to the San Jose del Cabo Airport (SJD) being closed, local roads washed out or no electricity; Sun Cabo agrees to reschedule the dates at no additional charge (subject to the same rate season). Natural disasters in any other area, other than Los Cabos Mexico, do not qualify for re-scheduling at no charge under this Natural Disaster clause. Unfortunately, we regret that no refunds can be made due to hurricanes, earthquakes, or other natural disasters. Hurricane season starts May 1 and runs through October 31. Sun Cabo Vacations strongly recommends that all travelers purchase travel insurance to protect their vacation investment.
Sun Cabo Vacations recommends that all travelers purchase travel insurance to protect their vacation investment and can assist with your insurance needs through our friends at Rental Guardian/Berkshire Hathaway/Modern Voyage. If you would like a quotation for your trip, please contact our office.
Unless otherwise specified under Addition Provisions (see below), transportation to and from the rental NOT included with prices quoted in this agreement. All guests are responsible for their own transportation to and from their destination, as well as to and from the property to the airport, or other point of arrival. For your convenience, transportation can be arranged through our concierge, for an additional fee.
Facilities in Mexico for disabled persons are very limited in most instances, although most of the newer hotels have provided such provisions. Please contact your agent for more specific information.
CONDITIONS IN MEXICO
All guests acknowledge that services, accommodations, water, food, activities, transportation tours, services, roads, traffic laws, building standards, insurance practices, and medical care may or may not be of the same standards that they are accustomed to in the United States or Canada. Guests may encounter risks which may or may not include unfenced pools and decks, sheer drop-offs at some of the rental property accommodations, slippery stairs or floors, faulty electrical, gas and plumbing systems, dangerous driving conditions, poorly maintained equipment vehicles, and dangerous stairs or pathways. All guests agree that they voluntarily participate in any and all activities, risks, and use of the accommodations, and hereby assume all risk of injury, illness, damage or loss to person and property that might result, including, without limitation, any loss or theft of personal property.
RESPONSIBILITY AND CHOICE OF LAW
Neither we, our shareholders, directors, officers, employees, agents, and contractors, or any of them nor the property owner shall be held responsible for any injury, loss, illness or damage to any person or property in respect of any rental property accommodation or services provided by us or the property owner. In addition to the other limitations set out in this Agreement, in no event shall we and/or the property owner be liable to any person for any indirect, consequential, special, incidental or contingent damages of any nature whatsoever, including but not limited to loss of revenue or profit, or loss of use of either, or costs of capital. Without limiting the generality of the foregoing, if, despite the limitations contained in this Agreement, for any reason we and/or the property owner become liable to any person in respect of any accommodations and services provided by us or the property owner, our total liability shall be limited to the amounts paid to us for such accommodations and services. Despite the fact this Agreement may have been negotiated and/or executed at a location/locations other than the rented property, this Agreement is deemed to be entered at the Property and enforcement of this Agreement shall be covered by the laws of Mexico, by the Court in Mexico having proper jurisdiction. Further, the rights, if any, of any person seeking recourse against the property owner or us in respect of any rental property accommodation or services provided by us or the property owner shall be governed by the laws of Mexico and determined exclusively by the courts of Mexico having proper jurisdiction. Sun Cabo Vacations and the property owners shall under no circumstance be responsible for any disturbance or inconvenience to guests occupying its rental properties for the actions of its neighbors or the surrounding area. All information provided by Sun Cabo Vacations, while believed to be true and reliable, is not guaranteed. Changes in inventory, items and decor may occur from time to time and such changes will not void or alter the terms of this Agreement.
Renter agrees that 1 full tank of propane will be provided for every 7 nights of rental or portion thereof; additional tanks of propane are subject to an additional fee equivalent to the refilling cost charged by the propane company. Excessive pool heating will most likely result in excessive propane consumption.
The maximum number of guests contracted to stay at the property will be indicated on your rental agreement. If more people arrive than agreed upon, they may be denied occupancy or an extra person charge, per night may apply. The names and ages of all guests permitted to stay at the property must be provided. Renters occupying the property will be responsible for any damages caused by themselves or their guests, to the property, or its contents during their stay. Costs for damage, will be limited to repairs or replacement value of items(s) damaged.
No Pets will be allowed in the rental property without written permission prior to arrival. The renter and all occupants agrees that the property shall only be used exclusively for residential vacation purposes, and no retail or other commercial use of the property shall be permitted. Unlawful activities, boisterous or rowdy behavior will not be tolerated; unacceptable behavior may result in eviction from the property without reimbursement of the rental fee.
RELEASE WAIVER; GUEST RESPONSIBILITY FOR DAMAGES
Each guest agrees on behalf of himself/herself (and his or her personal representatives, heirs, executors, administrators, agents and assigns) to release, hold harmless, defend, and indemnify Owner and/or Sun Cabo Vacations Ltd., and each of their respective owners, officers, directors, employees and agents from any and all claims or causes of action (known or unknown), demands, recoveries, losses, damages, injuries, fines, penalties or other costs or expenses of any kind whatsoever, arising from this Agreement or the occupancy of the Premises. This includes, without limitation, (1) injuries or damages which may occur in or around the Premises, or off the Premises, (2) any activity engaged in by Guest or his invitees, whether on or off the Premises, (3) breach of this Agreement by Guest or his invitees, (4) violation of any law or the rights of any third party by Guest or his invitees, (4) any negligent inspection, supervision, instruction, and/or maintenance by Owner or any third party, defect in vehicles, breakdown in equipment, loss of utilities (including but not limited to water, electricity, propane, and phone service), or (5) any accident, sickness, acts of God, strikes, terrorism, war, theft, delays, inconvenience, construction, cancellations, or changes in itineraries or schedules. It is Guest’s responsibility to leave the Premises in the same condition as received, except for normal departure cleaning. Guest agrees to pay for any extraordinary cleaning, and for all costs to repair damages caused to the Premises, including furniture, furnishings, fixtures or personal property, and that the cost of repairing any damage to the Premises or replacing any damaged household furniture or goods may be charged to the credit card Guest has provided for such purposes.
The parties to this Agreement acknowledge that this Agreement expresses their entire understanding and agreement, and that there have been no warranties, representations, covenants or understandings made by either party to the other except such as are expressly set forth. The parties further acknowledge that this Agreement supersedes, terminates and otherwise renders null and void any and all prior or contemporaneous agreements, whether written or oral, entered into with Sun-Cabo in respect of the matters expressly set forth in this Agreement.
This Agreement may be executed in as many counterparts as may be necessary, each of which will be deemed to be an original and all of which will together constitute one and the same instrument. Delivery of an executed copy of this Agreement by facsimile or other means of electronic communication producing a printed copy will be deemed to be execution and delivery of this Agreement on the date of such communication by the party so delivering such copy.
Each party also acknowledges it has had an opportunity to consult with his/her/its own attorney prior to entering into this Agreement. Further, any statute or rule of construction whereby ambiguities are to be resolved against the drafting party shall NOT be employed in the interpretation of this Agreement.
Any reference to “Sun Cabo Vacations”, “we”, “us”, or “our” refers to Sun Cabo Vacations Ltd. Unless otherwise specified, all monetary amounts are expressed in the lawful currency of The United States of America. In addition, the headings of this Agreement have been inserted for convenience of reference only, and form no part of this Agreement.
Upon receipt of payment, an electronic rental agreement agreement will be sent to you for your signature to approve all charges and terms for the specific property. Your reservation is NOT confirmed until the electronic agreement is signed.