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VACATION RENTAL AGREEMENT
THIS IS A VACATION RENTAL AGREEMENT. YOUR SIGNATURE ON THIS AGREEMENT, OR
PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OR
NOTIFICATION OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT
AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.
The renter does hereby agree to rent from Comex,
LLC, hereinafter known as owner, the following (hereinafter know as property):
Las Manzanillas, Casa Uno, located in: Sayulita, Nayarit, Mexico.
First Night: As confirmed per email
Last Night: As confirmed per email
Adults: As confirmed per email
Children : As confirmed per email
Total Rent : As confirmed per email
DEPOSIT PAYMENT / BALANCE. As renter, I hereby enclose my payment for 50% of the
total rent to hold my reservation. The full balance is due 7 days prior to
occupancy. I understand there will be no refunds for arriving late, leaving
early or "no shows". I also understand that the requested rental is on a first
deposit first held basis and that my payment will be returned should the time
be taken. I will receive reservation / deposit confirmation. It is understood
that the deposit is not refundable unless the confirmed period can be filled
for a comparable period of time for a comparable rate.
ACCOMMODATIONS. As renter, I understand that the owner has made a good faith
effort to accurately present the property, but shall not be liable for any
inaccuracies in such presentations, or changes in the conditions of the
accommodations or the surrounding environment or the condition thereof, or for
any temporary defects or shortages / stoppages in supply of electricity, gas,
water, or plumbing, etc., which are out of their control. As renter, I also
understand that rates are based in U.S. dollars, and are for accommodations,
including use of utilities, furnishings and linens. Damages to the premises,
lost or stolen items will be assessed above rental fees. It is understood that
if the renter is found willfully and knowingly damaging or defacing the
property or allowing it to be done, disturbing the peace of the community, or
breaking local laws that the renter is in violation of this agreement and
therefore trespassing without the owners' permission and is subject to eviction
without refund.
SURRENDER OF PREMISES. Renter covenants and promises to surrender the premises
in as good and the same condition as at the commencement of the rental period,
reasonable wear and tear excepted; and to reimburse owner(s) the amount,
including reasonable attorney's fees, of all other damages. If, upon arrival,
the renter should notice any conditions that cause them concern, please inform
geoff@controlg.com immediately by email. The renter jointly and severally, is
responsible for damage to the property caused by their misuse.
JURISDICTION. For the execution interpretation and enforcement of this rental
agreement, the parties expressly submit to the laws in effect and to the courts
of Sayulita, Nayarit, Mexico, hereby waiving any other jurisdiction that may
now or hereafter be applicable by reason of their present or future domiciles.
WAIVER OF LIABILITY. The owner shall not be liable to the guests for any claims,
losses, damages, costs of expenses in connection with; 1) any delays or changes
in schedule, itineraries, 2) the act or omissions of any party, 3) monetary
crisis, labor problems, economic changes, mechanical maintenance or
construction difficulties, climatic aberrations, local laws, novel or
unexpected conditions; 4) absence of travel documents, passports, visa and
health certificates, where required. The owner cannot accept any responsibility
or liability for costs or damages caused by personal injury, death, accident,
lost, stolen or damaged property, loss of mental or physical enjoyment, delay
or inconvenience. Accordingly, the renter covenants and agrees the owner is not
responsible for damages such as surfboards, bikes, falls from pool decks or
sliding glass door injuries.
PETS. Unless otherwise specifically permitted in this Agreement (including any
addendum hereto), no pets shall be allowed on the Premises. Renter's breach of
this provision shall be considered material, and shall result in the
termination of Renter's tenancy.
APPLIANCES. Renter(s) shall not be entitled to any refund for inoperative
appliances. Owner, however, upon being notified of any malfunction, will make
every reasonable effort to have any such appliance promptly repaired.
MAID SERVICE. Initial maid service is provided. Linens will be provided, towels
/ wash clothes will be provided and beds will be made. Ongoing maid service (2
to 3 times per week) is also provided. Any laundry (towels, linen changes) or
additional maid requirements would be extra and should be negotiated with the
maid in advance.
PERSONAL PROPERTY. All personal property of the renter on said premises shall be
and remain his sole responsibility and risk, and the owner shall not be liable
for any damages to, or loss of such personal property arising from any acts of
negligence of any other persons, nor from the leaking of the roof, or from
bursting, leaking or overflowing of water, sewer or steam pipes, or from
heating or plumbing fixtures, or from the handling of electrical wires or
fixtures, or from any cause whatsoever, nor shall the owner(s) be liable for
any injury to the person of the renter or other persons in or about the
premises, the renter expressly agreeing to save the owner harmless in all such
causes and events.
LOCKED CLOSETS. Owners may have their personal items locked in a closet for
their convenience. THESE AREAS AND/OR LOCKED PERSONAL ITEMS ARE ABSOLUTELY NOT
INCLUDED IN THIS RENTAL.
TELEPHONE USE. If telephone service is available, renter(s) may use the same
free of charge for local calls. All long distance calls must be placed collect
or charged to renter's Credit / Calling card. If renter calls are billed to
owner of premises, a $20.00 service charge plus tax will be collected in
addition to the cost of the calls.
PREMISES NOT AVAILABLE. In the event the premises is unavailable for occupancy
by reason of a casualty loss, no certificate of occupancy, or an unauthorized
hold-over by a former renter, then, and in that event, the owner shall use its
best efforts to remove the hold-over renter by action at law, or shall attempt
to find other rental property for renter, subject to renter's approval. In the
event owner is unsuccessful in the foregoing, then owner shall return to renter
all amounts paid by renter hereunder, and renter shall have no further recourse
against owner.
CHECK-IN, CHECK-OUT. Renter agrees that rental commences no sooner than 4:00
p.m. on the date ("First Night") indicated on face of agreement. No early
check-ins are allowed to permit ample cleaning time. Balance of rent is due 7
days prior to check-in. Final instructions and directions to rental unit will
be furnished upon receipt of balance of rent. Renter agrees to vacate the
premises not later than 10:00 a.m. on check-out day (day following "Last
Night"), remove all trash and place in proper outside receptacles, leave
cottage in a clean, orderly manner and return keys to their original location.
========END of VACATION RENTAL AGREEMENT==========
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