Terms of Service
TERMS AND CONDITIONS
Unless specified otherwise, the check-in time for each property is 3:00pm, and the check-out time is 12:00 pm. Please respect the check-in and check-out times as other parties, such as yourself, may be arriving or departing. This allows sufficient time for the maids to prepare the premises for your stay, as well as for the people arriving after you.
EARLY CHECK IN & LATE CHECKOUT REQUESTS
Early check in or late check out requests must be made in writing, are subject to availability and will be confirmed 48 hours prior your check in or 48 hours before your check. Early check-in and late check-out requests, if available, are subject to a fee of 150 USD plus applicable taxes. If your request is unable to be fulfilled we kindly ask that you adhere to the original check in and check out policies.
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 equal to one-night’s rental fee will be required on all rents, unless otherwise specified. The security deposit will be delivered to the house manager on the day of arrival, kept in the safe and returned to the renter the day of departure. Reservations will automatically be cancelled if funds are not received in our office within 3 business days of your request.
Your reservation 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 $IOO re-scheduling fee. Only one (1) re-scheduling per reservation is permitted. We regret that reservations made for holidays, cannot be re-scheduled: Christmas & New Year’s Weeks, Thanksgiving, Presidents Day. Spring Break, and Easter Weeks. In case there is a difference on the rate, the renter will be responsible for paying the rate difference to Blue Desert Cabo.
CANCELLATION AND REFUNDS
If it is necessary for you to cancel a reservation we will attempt to re-rent the properly 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 cancellation must be communicated in writing no less than 60 days prior to your arrival dates, failure to give the required notice, will result in no refunds given. There are absolutely NO refunds whatsoever for the following Holiday Periods: Spring Break. Thanksgiving, Christmas and New Year’s. Except as specifically provided herein, all commissions and fees, and any expenses that are incurred with 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, Blue Desert Cabo will have the option of moving the reservation to another property. If this is unsatisfactory to the guest, Blue Desert Cabo will refund any payments in full.
Additional charges for Special Events, such as weddings, receptions and other parties or gatherings require our prior WRITTEN authorization and are strictly NOT allowed unless specified otherwise. Additional charges, such as an event fee may be applicable for each event, and increased rental rates, booking deposit, and security deposits, shall apply for such Special Events, and be assessed by Blue Desert Cabo on a case-by-case basis. ONLY guests on the guest list are permitted at the property.
Please note that the Villa has a noise curfew of 10:00 PM. for all outdoor sound amplification. Speakers should be placed facing the ocean unless otherwise approved by Blue Desert Cabo. For all outdoor sound amplification, the maximum sound level is 65 decibels according to Mexican regulations.
In the event of a special event with live music, sound check for the band/musicians should take place, at the earliest, one-hour before the start of the corresponding event.
Any damage caused within the property of the villa (furniture, equipment, electronics, plants, linens etc.) will be charged on the renter’s invoice for the amount equivalent to its repair or replacement.
Likewise, the placement of posters, banners or stickers on the walls, floors, ceilings or columns of the villas is not allowed unless expressly authorized to that effect.
Should you decide to use any outside vendors to provide services during any of your stay or events, including, but not limited to, catering, chef, butler, audio/visual services, decorators, or others, Renters must contact our Guest Service coordinator as soon as possible. For any activity conducted at the villa by an outside vendor engaged by you or third parties, the renter will ensure that such vendors comply with the terms of this Agreement and with any requirements for such vendors as provided to Renter by Blue Desert Cabo, including but not limited to entering into a services agreement with Blue Desert Cabo. Renter will be fully responsible for such vendors’ actions or inactions and agrees to remove from Blue Desert Cabo’s premises any outside vendor that Blue Desert Cabo deems objectionable or whose activities cause reasonable concern. Upon request, Renters will provide a certificate of insurance from such outside vendors covering their actions and naming Blue Desert Cabo, owner, and the entity that manages the Blue Desert Cabo villa, as additional insureds with regard to their activities. Renter acknowledges and agrees that Blue Desert Cabo shall not be responsible for the proper performance of any outside vendor hired by renter or third parties, even if such outside vendor has been duly authorized by Blue Desert Cabo.
No smoking is allowed inside this property. Should you or one of the other guests wish to smoke, please accept the request of the owner and only do so outside of the house. Additional Cleaning charges of $450 USD, plus applicable taxes, will apply to guests that do not comply with the no smoking request.
All incidental charges will be paid upon departure by Guest to Blue Desert Cabo 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 4% processing fee. Incidental charges include, but are not limited to, excess propane, private chef services, grocery charges, spa services, telephone charges, and/or any other service or amenity request that you make. 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 an e-mail address if you would like a copy of the charges sent to you. Please Note: Turning the pool heat 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.
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 Blue Desert Cabo is unable to fulfill its 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; Blue Desert Cabo agrees to either reschedule the dates at no charge (subject to the same rate season) or refund the rental amount less any commissions earned. Natural disasters in any other area, other than Los Cabos Mexico, do not qualify for refunds or re-scheduling under this Natural Disaster clause. Blue Desert Cabo strongly recommends that all travelers purchase travel insurance to protect their vacation investment.
Blue Desert Cabo recommends that all travelers purchase travel insurance to protect their vacation. If you need assistance with this, please contact your guest services coordinator.
Unless otherwise specified, transportation is not included with our quoted prices. All guests are responsible for their transportation to and from their Mexico destination, as well as to and front the property to the airport. For your convenience, transportation can be arranged through our guest service coordinator for an additional fee.
Facilities in Mexico for disabled persons are very limited in most instances, although most of the newer hotels have provided for this. 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. Blue Desert Cabo 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 Blue Desert Cabo, 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.
CONDITION OF PROPERTY
The renter and the guests, by taking possession of the property, agree to the adequacy and sufficiency of such accommodation for the purposes of their rental accommodation pursuant to the terms of this Agreement. In addition, and without limiting the generality of the foregoing, all Jacuzzi’s, hot tubs and pools associated with a property provided by us or the property owner are provided in “as is” condition and, while we will attempt to ensure that such amenities are properly functioning during your stay, no refund or any other consideration will be granted in respect to any deficiencies or malfunctions of such amenities.
The number of guests stipulated on the accommodations voucher is the maximum number of guests allowed to stay at the property. If more people arrive than stated on the voucher, they may be denied occupancy or be charged a minimum extra person fee of US $150 per person per night. The names and ages of all guests permitted to stay at the property must be provided prior to occupancy. 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 agree that the property shall 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 Blue Desert Cabo, 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 Blue Desert Cabo in respect of the matters expressly set forth in this Agreement.
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 Blue Desert Cabo, “we”, “us”, or “our” refers to SEANJUAN CABO REAL ESTATE DE R.L. DE C.V. AND SEANJUAN DE R.L. DE C.V. dba BLUE DESERT. 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.