Rental Agreement, Credit Card Authorization, and Damage Waiver
Thank you for allowing us to earn your business. We hope you enjoy your stay in our Luxury Villa.
Reservations for this property are non-refundable. We recommend Travel Insurance and will be happy to provide you with an Insurance Provider that specializes in our area.
Damage Waiver, Capacity Restrictions, and Home Compliance Inspections: Our properties are inspected before and after each reservation. Guests agree to pay for any flagrant damage to the units, excessive cleaning required at check-out, missing or damage to the villa's contents or any other accidental damage to anything within the rental unit during the rental period. Your reservation will be subject to a security deposit. If any damages are above this amount then the Client authorizes any said damage or missing items charged to their credit card identified above. Please inform your Personal Concierge of any existing damages so that they are not applied to your stay at the end of your trip. We have no desire to append damages to Clients that were not responsible, but we also have a hard time knowing who is responsible if they are not brought to our attention. The sleeping capacity for this property is limited to the number of beds provided and maximum occupancy stated on our website. Twin beds sleep 1 guest; double, queen and king beds sleep 2 guests each.. Extra guests beyond the maximum sleeping capacity are not allowed without the expressed written permission in advance by Cabo Platinum. Often, extra sleeping capacity is not possible at this property. Each additional guest exceeding the maximum sleeping capacity for this property will incur an additional charge, per guest, and will be charged to the credit card provided above. Any guests staying overnight in the house, that exceeds the maximum occupancy, will be considered an "Event". Events are charged an additional night's stay. No pets, smoking, or parties of any kind are allowed at this property.
RULES, REGULATIONS & OTHER: ALL PAYMENTS ARE NONREFUNDABLE. If Reservation is canceled, all payments will be forfeited. Travelers Insurance is available for purchase on your Reservation.
Terms include a No Tolerance Policy regarding excessive noise, parties, or disturbing neighbors. Each Community has its own laws and restrictions that must be adhered to. Noise ordinance will be enforced and penalized by the individual community's security teams. Any fines or penalties incurred must be paid prior to departure. We ask you to be respectful of the communities bylaws and neighbors near your rental. Please make sure you are comfortable with our Terms as they are strictly enforced.
RESERVATIONS: All Reservations are subject to Management and Property Owner approval. Online rates are subject to change without notice. Should there be ANY issues with the reservation, you will be contacted within 48 hours.
PROPERTY: Guest rents, for vacation purposes only, the furnished real property and improvements described.
ARRIVAL & DEPARTURE: Check-in time is no earlier than 3:00 PM on the arrival date. This time may be delayed should unforeseen circumstances arise. Check-out time is NO LATER than 11:00 AM on the departure date. Early Check In and Late Check Out will be considered, but cannot be confirmed until 3 days prior to arrival. Guests must understand that our housekeeping team requires sufficient time to turn a house over for same day check-in/check-out.
PAYMENTS: ALL PAYMENTS ARE NONREFUNDABLE. In addition to a signed Rental Agreement, your reservation will be confirmed with a 50% deposit of the full rental amount. Balance Payment is due 30 Days prior to Arrival and will be charged automatically to the same credit card used unless communicated otherwise. Any payments made by Credit Card will incur a merchant processing fee. If Client would like to forego the processing fee, we recommend a Wire Transfer to the Company's US Bank Account.
CANCELATIONS & REFUNDS: ALL PAYMENTS ARE NONREFUNDABLE. We recommend Travel Insurance and will be happy to provide a Company that specializes in our area.
UNAVAILABILITY: For any reason beyond the control of Management, the Premises become unavailable, Management may substitute a comparable unit or cancel this Agreement and refund in full all payments made by Guest.
STRICT NOISE ORDINANCE: Each community has different by-laws with regards to noise. If a guest needs to have approval from the HOA for an "Event", please let us know and we will help organize the required documentation. Otherwise, penalties and fees will be assessed, according to each Community's set of guidelines. We ask that our Clients are respectful of the villa's neighbors and the surrounding community. Any fees or penalties assessed must be paid prior to departure. If this amount is not paid prior to departure and Cabo Platinum needs to pay on the Guest's behalf, a 20% surcharge will be applied to the fee/penalty.
APPROVED GUESTS AND USE: The Premises are for the sole use as a personal vacation residence by Approved Guests. Reserving Guest is responsible for any guests that use the property during the term of this agreement. Guest may not exceed Max Occupancy for Property at any time. If the Premises are used, in any way, by more than max allowed guests, (i) Guest and all others may be required to immediately leave the Premises or be removed from the Premises; (ii) Guest is in breach of this Agreement; and (iii) Guest forfeits its right to return of any monies collected. Depending upon the request of the Homeowner, Approved Guest will also be subject to removal by Local Authority.
OCCUPANCY: Approved Guests and Invitees are persons who will occupy the Premises. No unlawful activity or any other activity that constitutes a nuisance is permitted on Premises. Approved Guests take full responsibility for all lost or broken items and any damages to the Property of any kind.
SECURITY DEPOSIT: A Valid Credit Card to be kept on file is required upon Reservation. In the rare event a Security Deposit is not collected or damages cost are above the coverage of the damage waiver or above the amount of deposit, the Credit Card on file will be charged for any of these costs. Guest hereby grants consent for Cabo Platinum to charge Credit Card on file for any damages, missing items, excessive cleaning, fines, and, if necessary, cost incurred to remove Guest from the property.
CLEANING: Premises will be delivered to Guest in a professionally cleaned condition. Upon termination of occupancy, Cabo Platinum will arrange for a professional cleaning service to clean the Villa. Should Guest use and activity require more than regular cleaning services, Guest will be charged for associated excess costs.
PETS: Pets are NOT allowed. If an unauthorized pet is discovered on Premises, Guest will be asked to leave without refund as Guest will be in breach of this Agreement.
NO SMOKING: No smoking is allowed on the Premises. If any smoking has been detected, there will be an immediate loss of Security Deposit. In addition to loss of Security Deposit, (i) Guest is responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors and removal of debris; (ii) Guests may be required to immediately leave the Premises, or be removed from the Premises; (iii) Guest is in breach of this Agreement.
CONDITION OF PREMISES: Guest shall, on arrival, examine the Premises, all furniture, furnishings, appliances, fixtures and landscaping, if any, and shall immediately report, in writing, if any are not in operating condition or are in disrepair. Reporting repairs do not give Guest the right to cancel this Agreement or receive a refund of any payments made. With adequate notice, Cabo Platinum will do everything we can to restore any item that is not of adequate appearance or operation.
LOST ITEMS OR LEFT ITEMS: Management assumes no responsibility for lost, stolen or abandoned items. Reasonable effort will be made to contact the Guest for return. There will be a $25.00 handling charge plus shipping costs for any found items returned at Guest’s request. Management shall not be held liable for the condition of said items. Cabo Platinum will do all we can to alert Guests and return items. Any items not claimed for longer than 30 days, may be donated or sold.
SHIPPING POLICY: PLEASE NOTE MOST HOMES IN LOS CABOS DO NOT ALLOW FOR SHIPPING. Sometimes it takes months for items to be delivered from USA/Canada to Mexico. With enough advanced notice, Cabo Platinum will help ship items.
MAIL SERVICES: We recommend you do not ship items to the house you are renting. Instead, consult with your personal concierge or our company to organize shipments.
*Cabo Platinum is not responsible for any lost, damaged or delayed deliveries. Returning late deliveries after a guest has left Los Cabos will incur an additional fee, plus the cost of shipping.
ILLEGAL SUBSTANCES: No illegal substances are allowed in the rental, and minors should not be in possession of alcohol. Violations will result in eviction from the property and no refunds will be issued.
TV/CABLE/INTERNET/SATELLITE: No refund shall be given for the number of devices, outages, content, or lack of content or personal preferences with regard to cable/internet/satellite service. Services are provided as a convenience only and are not integral to this agreement. No refund shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to service.
AIR CONDITIONING/HEATING: Most rentals are equipped with air conditioning. If so equipped, and if not regulated otherwise, Guest agrees that Air conditioning shall not be used in excess. Doors and windows shall be closed when either heat or air conditioning is in operation. There are no refunds for lack of or malfunctioning HVAC units.
POOL AND SPA: If so equipped, spa and pool heating are included. Guest agrees not to tamper with pool heat controls or manipulate heater in any way. Pool heat shall not exceed 82 degrees Fahrenheit. Guest understands that the area surrounding the pool and spa may not be fenced or secure. Guest understands and agrees to be responsible and liable for any damages, injury or death that occur in/around the pool and spa and its support equipment through Guest misuse and/or negligence.
SYSTEM(S) FAILURES: In the event the rental unit sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, hot tub or other system or structural systems, neither the property owner nor the Management shall be liable to Guest for damages, and no refunds will be given for such failures. However, Management will make an effort to promptly repair or replace the failed system or equipment, and in such event, Guest agrees to permit Manager or its service provider to have reasonable access to the property to inspect and make such repairs.
UNFORESEEN OCCURRENCES: Management will not assume liability for any loss, damage or inconvenience caused by but not limited to the following: weather conditions, natural disasters, pests, construction, acts of God, or other reasons beyond its control. There shall be no refunds available as such instances are beyond the control of Management. It is highly recommended that Guest considers travel and/or rental insurance.
RULES & REGULATIONS: NO COMMERCIAL USE. Guest agrees to comply with any and all rules and regulations that are at any time posted on the Premises or delivered to Guest. Guest shall not, and shall ensure that Guest and licensees of Guest shall not: (i) disturb, annoy, endanger, or interfere with other Guests of the building in which Premises is located or its neighbors; (ii) use the Premises for any commercial or unlawful purpose including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband; (iii) violate any law or ordinance; or (iv) commit waste or nuisance on or about the Premises.
MAINTENANCE & REPORTING: Guest shall properly use, operate and safeguard the Premises including, if applicable, any landscaping, furniture, furnishings, appliances and all mechanical, electrical, gas and plumbing fixtures, and keep them clean and sanitary. Guest shall immediately notify personal concierge and/or Company in writing of any problem, malfunction or damage. Guest shall pay for all repairs or replacements caused by Guest, excluding ordinary wear and tear. Guest shall pay for all damage to the Premises as a result of failure to report a problem, malfunction or damage in a timely manner.
ENTRY: Cabo Platinum, Management and Management Representatives and agents have the right to enter the Premises, at any time, (i) for the purpose of making necessary or agreed repairs, decorations, alterations, improvements, for maintenance or to supply necessary or agreed services; (ii) to verify that Guest has complied with the terms of this Agreement; or (iii) in case of emergency. Management and Management Representatives and agents have the right to enter the Premises, upon reasonable notice of at least 24 hours, to show the Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers or contractors.
PARKING: Many homes are in HOA’s that do not allow parking on the street, even during Summer. Please ask your concierge for Parking Allowance and what is or is not permitted.
TERMINATION OF OCCUPANCY: Upon termination of occupancy, Guest shall: (i) return all copies of all keys or opening devices to the Premises, including any common areas; (ii) vacate the Premises and surrender it to Management empty of all persons at agreed upon time; (iii) vacate any/all parking and/or storage space; and (iv) deliver the Premises to Management in the same condition less ordinary wear and tear as received upon arrival.
WEATHER/MOTHER NATURE: Cabo Platinum cannot be held responsible for circumstances beyond our control. This includes excessive noise from construction or public/private events, wildfire/smoke, weather-related interruptions, road closures, interruption of services and utilities or unexpected appliance breakdown.
PERSONAL PROPERTY AND INJURY: (i) Owner Insurance: Guest personal property, including vehicles, are not insured by Owner or, if applicable, HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner/Management does not insure against personal injury to Guest, guests or licensees due to any reason other than the condition of the Premises. (ii) Guest Insurance: Management recommends that Guest carry or obtain insurance to protect Guest and licensees and their personal property from any loss or damage. (iii) Indemnity and Hold Harmless: Guest agrees to indemnify, defend and hold harmless Owner and Management from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage or injury to Guest or licensees or their personal property.
MEDIATION: Guest agrees to mediate any dispute or claim arising out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved.
JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Guest, each one shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually with every other Guest.
ENTIRE CONTRACT: Time is of the essence. All prior agreements between Owner and Guest are incorporated in this Agreement, which constitutes the entire contract. It is intended as a final expression of the parties` agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Agreement. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this Agreement. The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach. This Agreement shall be governed and construed in accordance with the laws of the State of California, USA and if necessary, Baja California Sur, Mexico.
RELEASE: In consideration of the right to visit the home, Guest agrees to release to the fullest extent allowed by law, Owner and its Management, members, officers, associates, employees, agents, representatives, attorneys, assigns, and affiliates (collectively, the Affiliates) from all liability or responsibility of any kind whatsoever for any personal injury, death, property damage or other loss sustained by me, my minor children, any guest identified on this form, or any guest or person allowed onto the property during my rental dates as a result of my, my childrens or the guests participation in a visit to the home, due to any cause whatsoever, including without limitation negligence on the part of Owner or Company. I understand that this release will bind my heirs, administrators, executors, and any other person or entity seeking to claim under or through me.