CASA VISTA HERMOSA OCCUPANCY AGREEMENT

Villa Location: Casa Vista Hermosa, 14 Camino Galento, Cabo San Lucas

Licensor Casa Vista Hermosa agrees to provide Guest(s) a short term license for usage of the Villa on the terms, covenants and conditions stated in this License.

Time of Stay/Check-in and Check-out

Time of Stay is from time of Check-in on the confirmed arrival date to Check-out on the confirmed end date.

Check-in is 4:00 PM or later. Check-out is 11:00 AM or earlier. Late Check-out or early Check-in of several hours is possible if not inconsistent with other guest stays, and may be guaranteed if purchased in advance and confirmed.

Payment and Security Deposit

Reservations are considered booked when the Guest(s)’ deposit is received and the reservation is confirmed.

A total of 50% of total amount due is required within 30 days of confirmation, unless before 60 days of scheduled arrival date; full balance plus $1000.00 damage/expense deposit  and 13% Mexico Tax is due no later than 60 days before arrival date.

No refunds will be made if the usage is cancelled less than 60 days before scheduled arrival date, except per hurricane policy. Cancellations at least 60 days prior to arrival will be refunded if villa is re-rented for full same time period less $250 cancellation fee.

All advance payments will be applied as liquidated damages if canceled except as provided herein or Guest(s) fails to check in.

Rate is based upon ten or less occupants; maximum capacity is ten, and additional fee of $75.00 per person exceeding ten per day is charged. Exceeding 10 persons must be approved by owners prior to arrival.

Guest(s) who, with express consent, do not vacate the villa by scheduled Check-out or who return to the villa after Check-out will be responsible for damages and an assessed a fee equal to the rental rate for one (1) day for each day of delay.

In addition to the damage/expense deposit, a credit card will be required and used for damage and expenses caused, including but not limited to damaged or missing items. Guest(s)s are liable for all replacements and repairs that are outside what is considered normal wear and tear, whether caused intentionally or unintentionally. Guest(s) hereby authorize Casa Vista Hermosa to charge the credit card of guest(s) for said fees, damages of loss of any kind.

Guest(s) hereby authorize the property management company to charge guest’s credit card, for any outstanding balances for fees, damage, loss, or reservations cancelled in less than 60 days prior to check in date.

Any reservation obtained under false pretense will be subject to cancellation in the sole discretion of Casa Vista Hermosa, subject to the above cancellation refund policies. If property manager deems necessary for additional cleanings other than the standard cleaning of every other day on a 7 day stay, the additional charges will be the responsibility of the renter.  If reservations are made under false pretense the property manager has the sole right to cancel reservation upon check in and the renters will be responsible to find lodging elsewhere. At that point no monies will be refunded.

You may want to consider travel insurance such as at www.travelguard.com/travelinsurance/vacation or www.insuremytrip.com.

Hurricane or Storm Policy

Refunds will be given if: a. The National Weather Service orders mandatory evacuations in a "Tropical Storm/Hurricane Warning area" for the Time of Stay, or five days before the time of stay. We will refund: 1. Any unused portion of the fee from a guest currently staying, 2. Any unused portion of fee from a guest that is scheduled to arrive, and wants to shorten their stay, to come in after the Hurricane Warning is lifted; and 3. Any advance fee collected or deposited for a reservation that is scheduled to arrive during the "Hurricane Warning" period.

Supplied Items

The villa is equipped and set up as a fully furnished property that will include: bedspreads, linens, blankets, towels, pillows, fully equipped kitchen, TV, DVD player, furnishings. Paper products are supplied but will not be replaced if consumed during stay. Please do not take any of the unused items or the Guest's credit card will be charged accordingly. Pool towels and bath towels are to stay in the villa if they are removed and not returned to the villa a charge of $25.00 per towel will be charged to the guests.

Regulations and Laws

Guest(s)s are to adhere to all rules and regulations of Casa Vista Hermosa ("the Rules of the House") and the Pedregal Homeowners Association (Casa Vista Hermosa is located in the Pedregal). Guest(s) shall abide by all rules, regulations, and laws. Failure to comply may result in immediate removal and loss of all advance payments. In addition if there are any damages as a result of violating this then you will be charged for any and all repairs and any and all legal fees including court cost, attorney fees, filing fees, subpoenas, and loss of wages for court times, etc.

Maintenance

All attempts will be made to address maintenance issues as they occur. Guest must inform the Casa Vista Hermosa immediately once issue occurs. If the maintenance issues can not be resolved in a reasonable amount of time and significantly affects the guests stay, owners reserve the right to refund guests fees, all or in part, at their own discretion. While Casa Vista Hermosa is sprayed regularly by a professional pest control company insects sometimes affect rental units. Most of the time they are harmless and usually cleaned up by the cleaning staff.

No Waste of Nuisance

Guest(s) shall not (i) do or permit anything to be done in or about the Casa Vista Hermosa which will in any way obstruct or interfere with the rights of neighbors of Casa Vista Hermosa; (ii) use or allow the use of Casa Vista Hermosa for any lawful or objectionable purpose; (iii) cause, maintain or permit any nuisance in, or about the Casa Vista Hermosa; (iv) commit or suffer to be committed any waste in or upon the villa; (v) perform or carry on any practice which may damage or deface the villa.

Cleaning

The villa will be inspected, sanitized and cleaned after your departure, and all items will be inventoried. Guest(s) are required to leave the villa and property in the same general condition it was received, less reasonable wear and tear, and leave all items. If additional cleaning or repair is required due to Guest(s) abnormal usage, or items are missing, appropriate charges will be charged to the Guest(s) credit card. Casa Vista Hermosa is a non smoking villa. Smoking is never allowed in the house. Any damage due to smoking will be the responsibility of the guest and their credit card will be charged accordingly.

Guest(s) Responsibilities

Neither Casa Vista Hermosa, nor property management assumes liability for loss, damage or injury to persons or their personal property. Neither does Casa Vista Hermosa accept liability for inconveniences arising from any temporary defects or stoppage, including in supply of water, gas, electricity or plumbing. Nor will the owners be responsible for any loss or damage caused by weather/road conditions, natural disasters, acts of God, or other reasons beyond its control. Guest(s) agree to protect, defend, indemnify, and hold Casa Vista Hermosa and its agents harmless from and against any and all liabilities, claims, expenses, losses and damages (including reasonable attorney fees and costs), that may at any time be asserted against Casa Vista Hermosa by any person as a result of Guests’ use of the villa, except to the extent any of the foregoing is caused by the negligence or willful misconduct of Casa Vista Hermosa.

Any material breach of this license agreement by Guest(s) shall be grounds for termination of Guest's license to stay, which shall be deemed a late cancellation on the part of Guest(s), and immediate eviction under the laws of Mexico.

Acts of God/Construction Noise etc.

Casa Vista Hermosa shall not be liable for events beyond its control which may interfere with Guest's usage, including but not limited to, acts of God, acts of governmental agencies, fire, strikes, war, inclement weather (except per hurricane policy), power outages, and construction noise from nearby sites.

Expedited Removal

Upon verbal or written notice of termination of this license agreement by Casa Vista Hermosa, Guest(s) shall vacate the villa immediately.

Pool and/Hot Tub and Balconies

Guest(s) acknowledge that the villa is equipped with a pool, and hot tub. There are no lifeguards to protect Guest(s) or anyone else with access to the pool and hot tub.Guest(s) and anyone with access to the pool and hot tub bringing children should be aware that children are their sole responsibility. Guest(s) and anyone with access to the pool and hot tub are required to watch their own children if they have access to the pool or hot tub. Swimming is done at the sole risk of the swimmer. Children, anyone with health problems, and those who have consumed alcohol or drugs are not recommended to use the hot tub due to the possibility of extremely high temperatures. Guest(s) should be fully aware that injuries may occur due to the ground becoming slippery when wet.

Guest(s) also acknowledge that the villa is located on a hillside and has a number of areas from which a person can fall, including balconies and an infinity pool.

Guest(s) and anyone with access to the pool and hot tub and balconies must be careful. Guest(s) accept and assume all risks arising from access to the pool, hot tub and balconies by Guest(s)and their invitees.

General Provisions

Guest(s) have read and agree to the terms and conditions of this contract.

Any individual(s) entering into this license agreement for the purpose of renting the villa shall be defined as "Guest(s)." The term "Guest(s)," "You," and "Your" as used in this Agreement shall include Guest's heirs, successors, assigns, guests, invitees, representatives and other persons at the villa during Guest's usage (without regard to whether such persons have authority under this Agreement to be upon the premises of the villa).

Entire Agreement; Waiver. This agreement constitutes the final, complete and exclusive statement between the parties to this agreement pertaining to the usage of the villa, supersedes all prior and contemporaneous understandings or agreements of the parties, and is binding on and inure to the benefit of their respective heirs, representatives, successors, and assigns. No party has been induced to enter into this agreement by, nor is any party relying on, any representation or warranty outside those expressly set forth in this agreement. Any agreement made after the date of this agreement is ineffective to modify, waive, release, terminate, or effect an abandonment of this agreement, in whole or in part, unless that agreement is in writing, is signed by the parties to this agreement, and specifically states that that agreement modifies this agreement.

Governing Law. This license agreement is made in and will be construed in accordance with the laws of the State of California, however, the usage, standard of care for Casa Vista Hermosa, and evictions shall be accomplished under the law of Mexico. Guest(s) specifically consent to such jurisdiction of the State of California and the country of Mexico.

No Assignment. Guest(s) are not entitled to assign this license or to sublet or sub-license all or any portion of the villa without the prior written consent of Vista Casa Hermosa. That consent may be withheld by Vista Casa Hermosa in its sole discretion.

Notices. Any notice that may or must be given by either party under this agreement may be delivered (i) by e-mail to the addresses used to book and confirm the reservation (ii) by certified mail, return receipt requested, or (iii) by a nationally recognized overnight courier, addressed to the party to whom it is intended (iv) personally.