Terms and Conditions
Updated January 2022
A 20% down payment is due to reserve the Penthouse for the dates selected, and the balance owed is charged to the same credit card 60 days prior to your arrival, except for Thanksgiving, Christmas and New Year’s Eve reservations. For Thanksgiving, the balance owed is due 90 days prior to your arrival. For Christmas and New Year’s Eve we require 20% down at reservation, an additional 20% is due five months prior to arrival date and another 20% deposit is due four months prior to your arrival date, the final balance is due 90 days prior to your arrival.
Balance due 60 days prior to commencement of the rental.
Terms of the Agreement:
- The Landlord has the right to inspect the premises without prior notice at any time to enforce the terms of this agreement. Should the Tenants violate any of the terms of this agreement, the rental period shall be terminated immediately. The Tenants waive all rights to process if they fail to vacate the premises upon termination of the rental period. The Tenants shall vacate the premises at the expiration time and date of this agreement.
- In case of emergency, from any phone dial 911.
- The Tenants shall maintain the premises in a good, clean, and ready to rent condition, and use the premises only in a careful and lawful manner. The tenants shall leave the premises in a ready to rent condition at the expiration of the rental agreement, defined by the Landlord as being immediately habitable by the next tenants. We understand there will be cleaning necessary of course. However, if the unit is left an absolute mess with excessive garbage and clean up needed, funds could be taken from the security deposit to pay for the extra clean up. In such cases photos of the condition the condo was left in will come to your email along with the corresponding extra charge. Tenants shall pay for maintenance and repairs should the premises or items within the premises be damaged from the security deposit. If damage is excessive and goes beyond the security deposit withheld, landlord has the right to charge the card on file for such damages. In such cases, photos of any damage will be sent to the email of the tenant promptly.
- The Tenants shall dispose of all waste material generated during the rental period in a lawful manner. Details for this are noted on your confirmation email.
- The Tenants shall pay for any damage done to the premises over and above normal wear and tear.
- No animals or pets of any kind will be brought onto the premises.
- The Tenants shall not sublet the property.
- The Tenants shall have no one reside or sleep on the premises that was not included on the original reservation list with names, ages and email address at the time of reservation.
- The Tenants shall behave in a civilized manner and shall be good neighbors respecting the rights of the surrounding property owners. The Tenants shall not create noise or disturbances likely to disturb or annoy the surrounding property owners. Creating a disturbance of the above nature shall be grounds for immediate termination of this agreement and Tenants shall then immediately vacate the premises. Quiet hour starts at 10 PM and Pool and outdoor noise should be kept to a minimum.
- There shall be no smoking inside the premises. Smoking is permitted outside on the terrace.
- Landlord shall provide towels, linens, cups, knives, forks, spoons, dishes, utensils, plates, bowls, and glassware. NO supplies are provided except for 3 rolls of toilet paper per bathroom, 1 roll paper towels, dish detergent, hand soap and garbage bags. All supplies beyond what is noted here are to be provided by the tenant. No reimbursement will be made for unused consumables left at the premises. If consumables exist at the premises when the Tenant arrives the Tenant is free to use them.
- The Tenants and Tenants' Guests shall hereby indemnify and hold harmless the Landlord against all claims of personal injury or property damage or loss arising from use of the premises regardless of the nature of the accident, injury or loss. Tenants expressly recognize that any insurance for property damage or loss which the Landlord may maintain on the property does not cover the personal property of Tenants, and that Tenants should purchase their own insurance for Tenants and Guests if such coverage is desired.
- Tenants agree to pay all reasonable costs, attorney's fees and expenses that shall be made or incurred by Landlord enforcing this agreement.
- Tenants expressly acknowledge and agree that this Agreement is for transient occupancy of the Property, and that Tenants do not intend to make the property a residence or household.
- We occasionally experience outages that are beyond our control. We report outages as each occurs. No refunds or compensation will be given for any outages.
- There shall be no refunds of rents due to shortened stays or ruined expectations because of weather conditions.
- If the property should go on the MARKET FOR SALE, it may be shown to qualified buyers during the Tenants’ stay. Every effort will be made to schedule the showing at a convenient time and not interrupt the Tenant’s vacation. Tenant shall allow reasonable viewings of the home between 9 am and 8 PM present or not. Note from Tim: For the record this has never happened in all my years of taking care of the penthouses here in Cancun, so the odds of this happening are extremely rare.
- There shall be no refunds of rents because of shortened stays or ruined expectations due to work and family emergencies or other commitments.
- It is the tenant’s responsibility to learn about safety precautions, warning signs of water conditions, and safety procedures concerning swimming in or being around the pool. Tenant agrees to have a responsible adult supervising minors while they swim in the pool. Tenant is hereby notified that the pool can be dangerous, and tenant accepts fully the risks involved. Tenant is further notified to be cautious when exiting the rear of the home as the pool is open and near the entry ways and can be a hazard. There are no rails to prevent a fall into the pool.
- Only legally owned and permitted firearms shall be allowed on the premises according to State and local laws.
- Tenant agrees that Fireworks and other hazardous materials shall not be used in or around the property.
- Tenant shall use the property for legal purposes only and other use, such as but not limited to, illegal drug use, abuse of any person, harboring fugitives, etc.; shall cause termination of this agreement with no refund of rents or deposits.
- Tenant agrees not to access the “owner’s closet”, even if unlocked, which contains cleaning supplies and chemicals that could be hazardous to children and adults.
- Tenant is advised that the property contains several appliances and to ask how each one operates by the manager that is giving you the keys, showing you around the unit and answering your questions. Several of these appliances are in Spanish, so be sure to know how each works while the manager is present. Thank you.
- The property has a fire extinguisher installed near the kitchen area. The fire extinguisher was fully charged at last inspection. It is the duty of the tenant to inform management immediately should the fire extinguisher become less than fully charged. Tenant agrees to use the fire extinguisher only for true emergencies.
- The property has fire alarms installed and they are believed to function properly at the time of rental. Tennant will notify management without delay if a fire alarm “chirps” or has a low battery condition.
- Tenant is advised that there is no carbon monoxide detector on the property and accepts the risk involved in not having one.
- Tenant shall see to their own security while in the property by locking doors, windows, etc. when it’s prudent to do so.
- Valuable items left behind by tenant will be held for the tenant and every reasonable effort will be made to contact the tenant for return. If items are not claimed for longer than 6 months, they shall become the property of the Landlord. The Landlord shall not be held liable for condition of said items.
- Cable or satellite TV is provided, and service level has been chosen by the Landlord. No refund of rents shall be given for outages, content, lack of content, or personal preferences about cable or satellite TV service.
- High speed wireless internet is provided as a convenience only and is not integral to the agreement. No refund of rents shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences about internet service.
- Tenant agrees that Air conditioning shall not be set below 69° Fahrenheit or 20° Celsius, and not set above 78° Fahrenheit or 25° Celsius. Doors and windows must be closed while air conditioning is in operation. If you do not close all windows while the AC is running the system can turn into "a block of ice" quite quickly and stop running. This is very hard on the AC units and will stop you from having cold air for several hours. It is critical that all windows and doors remain shut while the AC is on. Tenant agrees to keep windows and doors shut while AC is on.