MTN VACATION RENTALS
TERMS & CONDITIONS
Agency will refund to Guest(s) 100% of the Total Payments made by Guest(s) to the Agency minus a $250 Partner Fee (Administration Resort Fee) in the event Guest(s) cancels the reservation with at least Sixty (60) days prior to the commencement of the rental period, otherwise, payments made from Guest(s) to Agency are not refundable. Agency recommends Guest the purchase of Trip Cancellation Insurance
For legal and accounting purposes, the person placing the reservation must be the same as the credit/debit card holder. This person is considered to be the guest. All other persons involved with the rental are considered to be the guest’s invitees, and all discussion regarding reservation, cancellation, and damage policies will be discussed with the guest, not the guest’s invitees.
DAMAGE TO PROPERTY:
Our properties are inspected before and after each reservation, Guest agrees to pay for any flagrant damage to the units, excessive cleaning required at check-out, missing or damage to the units’ contents, or any other accidental damage to anything within the rental unit during the rental period. Guest is responsible for damages to the property beyond normal wear and tear. Guest agrees to pay to Agency for damages above and beyond normal wear and tear. Agency must provide the Guest an itemized description of any damages and associated charges 14 days following the completion of the rental. Guest Agrees to report any problems encountered to Agency upon arrival and will not be responsible for prior damage.
OCCUPANCY AND CONDUCT:
The total number of occupants shall no exceed the maximum number of guests allowed in this property. Guest certifies that at least one of the occupants is 25 years of age or older. Guest agrees that more than the number of people stated on the reservation shall not occupy the premises. Unauthorized people at the vacation rental at any time could result in extra charges for each additional guest, in addition to any and all damage, disturbance, and cleaning charges. Please inform us of any change in the number of guests before your arrival to avoid these charges and so the unit can be prepared appropriately for your group. No exceptions or refunds are given for changes in the number of guests after your arrival. No Pets of any kind are permitted and No Smoking inside the unit. Smoking is only permitted outdoors. 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.
Services including local or long-distance calls, restaurant, spa and other incidental Guest incidental charges shall be paid to the resort. There may be additional charges for special services including (but not limited to) cribs, high chairs, and linens for sofa beds. A valid credit card will be required to check-in.
QUIET AND LAWFUL POSSESSION AND USE OF PREMISES:
Guest agrees that he/she and their families, parties and guests shall not abuse the Premises in any way and shall leave them in the same condition upon departure as when taken. Guest(s) agree that they and their families, parties and guests shall understand the following rules:
- Respect the rights of other occupants of the ResortFollow all regulations of the Resort
- Rental is not intended for parties, nor gatherings at any time of anyone except those who have paid to occupy the property. Exceptions are made on an individual basis – please contact Agency for prior approval. If there is excessive noise or music, any illegal activity, or evidence of violation of these policies, you may be asked to vacate the premise without any refund and additional charges may be assessed.
- Linens, Towels, sheets, pillows and blankets are not meant for outside use.
- Smoking is not permitted in the premises. If there is any tobacco smell in the uint after your departure, you will be charged a cleaning fee. Oil lamps and incense are not permitted due to the long-lasting odor. If these policies are violated, there will be a charge for excessive cleaning.
- Do not put any feminine products in the toilet. Plungers are provided if a clog occurs. Please do not pour grease down the drain.
- Guest(s) agree that Agency reserves the right to enter the rental property any time to investigate disturbances, check occupancy, check for damage, to make such repairs, alterations or improvements as we may deem appropriate.
- Always lock doors and windows when you leave the premises. When you rent the vacation rental, you assume responsibility for it and its contents, as well as your personal property.
- Agency does not assume any responsibility for injuries resulting from your failure to use due caution. Children must be supervised at all times.
- Candles are not allowed due to fire hazard except citronella candles in buckets outside, or supplied emergency candles in case of power outage.
- Terms include a No Tolerance Policy regarding excessive noise, parties, or disturbing neighbors. Please make sure you are comfortable with our Terms as they are strictly enforced.
WAIVER & INDEMNIFICATION:
Guest understands that Agency is not the Owner of the Premises but is merely acting as an accommodating party arranging for the use of the Premises by Guest. The Agency hereby represents warrants to Guest that the Agency has been authorized by the Owner of the Premises to allow Guest to use and occupy these Premises. Agency and its staff are acting herein solely as agents for the owner of the Premises. Accordingly, except for the obligations specified herein, Agency cannot accept and Guest hereby release Agency and/or Owner of Premises from any and all responsibility or liability for personal injury, death, loss of mental or physical enjoyment, delay or inconvenience, damage to or loss of personal property or any other loss, cost or expense incurred by Guest or any other occupants of the Premises resulting from occurrences of any nature caused or incurred before, during or after Guest’s stay in the Villa. Guest further releases Agency and/or Owner of Premises from any and all responsibility or liability for the acts of all persons, including Guest, Guest’s invitees and other occupants of the Premises during Guest’s occupancy of the Premises that may arise from any cause including the condition of the Premises, accidents, intentional or negligent acts or omissions of Guest, any invitees of Guest, any other occupants of the Premises or any third parties. Agency and/or Owner of Premises shall not be liable to Guest for any claims, losses, damages, costs or expenses due to or caused by delays or changes in Guest’s schedule or Itinerary, acts or omissions of any third parties, exchange rate fluctuations, labor problems, economic changes, mechanical, climatic conditions, local laws, unexpected conditions in Mexico, absence or loss of travel documents, passports, visas or health certificates, or the lack of any special facilities, accommodations or services to persons with medical or health problems or physical disabilities or handicaps. Guest further agrees to indemnify and hold Agency and/or Owner of Premises harmless for any claims arising from a violation of this agreement.
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.
Guest rents, for vacation purposes only, the furnished real property and improvements described.
ARRIVAL & DEPARTURE:
Check-in time is no earlier than 4:00 PM on 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 options are available for an additional fee if available (Not an option during Peak Times). If Early Check and/or Late check out are approved you will get a email confirmation from the reservation team.
ALL PAYMENTS ARE NONREFUNDABLE within 60 days of arrival, Deposit Payment is due to reserve property. Balance Payment is due 30 Days before Arrival and will be charged automatically to same credit card used, unless communicated otherwise. Within 30 Days of Arrival, Total Cost is due to reserve property. . ALL Payments within 60 days of arrival are NONREFUNDABLE. We recommend and offer Vacation Rental Insurance.
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.
Premises will be delivered to Guest in a professionally cleaned condition. Should Guest’s use and activity require more than regular cleaning services, Guest will be charged for associated excess costs.
Pets are NOT allowed. If 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 is allowed on the Premises. If smoking does occur on the Premises, (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 does not give Guest the right to cancel this Agreement or receive a refund of any payments made.
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 condition of said items. Any items not claimed for longer than 30 days, may be donated or sold.
You may ship directly to the home that you are staying in using Fedex or UPS while your are in the home, however we can not guarantee delivery or security of the package. This will be up to the shipping client and the shipping receiver to arrange. **We are not responsible for any lost, damaged or delayed deliveries. Returning late deliveries after a guest has left will incur an additional fee, plus cost of shipping.
No guests in excess of the maximum occupancy specified in the rental agreement shall occupy the property. Breach of this will result in immediate termination of the rental agreement with a forfeiture of the entire rental amounts and or security deposit.
All of our rentals are in residential areas and may NOT be used for weddings, receptions, parties, or large gatherings. Any disruptive events could result in the eviction and forfeiture of entire rental amount and security deposit.
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.
No refund shall be given for 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.
Guest agrees that Air conditioning shall not be set below 72 degrees and heat shall not be set above 78, and that the fan setting shall be “Auto”. 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 heating is included. Pool heating, unless solar equipped is an additional fee and must be paid for prior to use. Guest agrees not to tamper with pool heat controls or manipulate heater in any way. Pool heat shall not exceed 82 degrees. Guest understands that the area surrounding pool and spa may not be fenced or secure. Guest understands and agrees to be responsible and liable for any damages that occur to the pool and spa and its support equipment through Guest misuse and/or negligence.
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.
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 recommend 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 Management 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.
Management and Managements 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 Managements 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.
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.
We 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.
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.
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 children’s 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 Management. I understand that this release will bind my heirs, administrators, executors, and any other person or entity seeking to claim under or through me.