Rental Terms and Conditions.
We want your stay at Casa Candelaria to be magical. To make that happen, we’ll do our part and will count on you to do yours. In other words, let’s all act in good faith, be transparent & proactive in our communication with any issues, and be respectful in the use of our beloved home.
Here’s the longer version of saying the same thing:
GUEST AND REGISTERED GUESTS
The Principal Guest, hereafter referred to as "Guest", must be a minimum of 25 years of age. The Property is not suitable for children or infants.
Guest assumes all responsibility for the Property during their stay and agrees to adhere to the rules and conditions outlined in this Agreement. Guest will be held liable for all actions of the registered guests and any other individuals not affiliated with the Property who enter the Property during the rental dates. Guest agrees that only the number of people stated on the reservation shall occupy the Property for the duration of the rental.
GUEST CONDUCT
Guests are expected to be respectful to other Property Guests, hosts, and the greater Rancho Cerro Colorado community and adhere to the Community and Property rules at all times. Excessive noise, parties, loud music, or illegal activity are prohibited. Any violations will result in fines and potential eviction from the Property. The Rancho Cerro Colorado Community may also impose fines for excessive noise, disruptive conduct, violence, and/or damage to the community. Guest agrees to settle and pay these fines in full at the time of issue.
PAYMENTS AND CANCELLATIONS
Guest booking is confirmed and complete when full payment of the total rental fee, including any applicable taxes and fees, is received.
If payment is not received within 24 hours of the reservation confirmation, the Property Owner reserves the right to cancel the reservation and release the dates on the calendar.
In the event of a cancellation by the Guest, the following cancellation fees apply:
Full refund for cancellations made within 48 hours of booking, if the check-in date is at least 30 days away.
50% refund for cancellations made at least 14 days before check-in.
No refunds for cancellations made within 14 days of check-in.
REFUNDS:
No refunds will be issued for no-shows or early departures.
In cases of force majeure, such as natural disasters or government restrictions, the cancellation policy may be adjusted, and reasonable efforts will be made to accommodate rescheduling or refunds.
Should we need to cancel your reservation due to unforeseen circumstances, alternative accommodations will be offered, or a full refund provided.
Refunds will be processed within 14 days of the cancellation date or departure unless otherwise agreed.
DAMAGE FEES
The Guest acknowledges responsibility for any damages incurred to the Property during their stay. Upon departure, a thorough inspection of the Property will be conducted by the Property Owner or their representative. Should any damages be identified beyond normal wear and tear, the Guest agrees to compensate the Property Owner for the cost of repairs or replacement of damaged items.
The Guest must report any damages or breakages immediately to the Property Owner or Property Host. Failure to report damages may result in additional fees.
Dispute Resolution: In the event of a dispute regarding damages, the Property Owner and Guest agree to negotiate in good faith to reach a resolution. If necessary, disputes may be resolved through mediation or legal proceedings as governed by the laws of San Jose del Cabo, Baja California Sur, Mexico.
SMOKING
Smoking is not permitted on the Property. Any detection of smoking within any part of the Property will result in a $200 USD fine. Damages related to smoking will be charged directly to the Guest using the credit card on file.
ROOM KEYS
Lost or stolen keys will incur a $100 USD fee. Attempts will be made to contact the guest who will be given the opportunity to return the keys. Failure to do so will result in the fee being charged to their credit card.
PETS
A pet must be permitted through written approval from the Property Owner prior to Guest arrival. A Pet Fee of $80 USD will be charged to the Guest at the time of reservation. No more than one pet is allowed per reservation. If Guest arrives with a pet that has not been approved, their reservation will be immediately cancelled with no refund. Any excessive pet hair or damage to the property will result in an additional fee to be assessed by the Property Owner or representative.
PRIVATE PROPERTY
Guest agrees that any locked off areas are exclusively the private property of the Property Owner and are not part of this rental agreement. Guest will not make any alterations, repairs, modifications to any part of the Property at any time.
PLUMBING
Plumbing issues need to be reported immediately. Do not pour grease or put any other foreign objects (including feminine products) in drains or in the toilet. If a service call is required due to guest actions, a $50 USD (fifty) fee will be charged to the Guest.
EMERGENCIES/MAINTENANCE
In the event of an emergency, dial 911. Additional emergency contact numbers are provided in your Guest Guidebook. Maintenance issues can arise during your stay; please report them immediately to the Property Host for resolution via WhatsApp at +1-415-407-6462.
SECURITY & SAFETY RISKS
During your stay, you assume responsibility for the Property and its contents. The Property Owner does not assume any responsibility for injuries or loss resulting from your failure to use due caution. Guest may encounter risks while staying at the Property, including but not limited to, slippery floors, pathways, and stairs (especially when wet), precipitous drop-offs, unfenced swimming pools/water features, and other unlisted risks. Therefore, Guest agrees that they are voluntarily participating in the use of the Property and hereby assume all risk of injury, illness, loss of life, and damage or loss of property that could result.
GUEST PERSONAL PROPERTY
The Guest agrees that the Property Owner will not be liable for any damage, loss, or theft to the Guest’s personal property. If the Property Owner finds items left behind by Guest or a member of Guest’s party, we will send items back to the Guest, at both the Guest’s request and expense.
CONSTRUCTION AND UTILITIES DISRUPTION
Guest acknowledges and accepts the following factors that may impact the peaceful use of the Property rented under this agreement:
There may be construction in the area, which may affect noise or temporary disruption of utility services. Construction hours vary per community or area you are staying in. Construction notices will be provided to the Guest in a timely manner.
Utility services may be interrupted in the event of inclement weather or other events not within the control of the Property Owner.
INDEMNIFICATION & HOLD HARMLESS
All Guests and their Invitees use the Property structures and premises at their own risk. The Property Owner shall not be held liable or responsible in any way for injury, death, or loss of property to any Guest and/or their Invitees caused by the failure of structures, furnishings, equipment malfunction (including all appliances and water features), whether by misuse, acts of god/nature, and/or guest conduct. Guest agrees to indemnify and hold harmless the Property Owner, Casa Candelaria Properties, Butterfly Management LLC, and/or any affiliate provider, and its employees for any and all liability arising from any use of the Property.
In the event that any action is brought against any party to dispute the terms of this Agreement or legal action is instituted, Guest shall personally pay for all legal costs and expenses incurred by the Owner and/or Butterfly Management LLC. This is including but not limited to, any remedies or judgments which may as a result be rewarded, and reasonable attorney's fees and costs.
CREDIT CARD AUTHORIZATION & ACKNOWLEDGMENT
All accommodation bookings must be guaranteed at the time of reservation by provision of valid credit card details.
By providing valid credit card details, the Guest warrants that they have the authority to use the credit card and authorize the Property Owner to charge the cost of the booking to the credit card in the case of cancellation or no-show penalties as detailed in the Cancellation Policy.
In the event of damages to the Property, the credit card on file will be charged, and a copy of the charges will be sent to the Guest. Guest understands that they are executing this agreement on behalf of all members of their party.
Credit Card Disputes will result in the reservation being fully canceled and become null and void.
MISCELLANEOUS
All questions concerning the meaning, terms, effect, validity, and enforcement of this agreement shall be pursued and determined exclusively pursuant to the Laws of Baja California Sur, Mexico, where Guest takes residence and the transaction occurs.
In the event any portion of this agreement shall be deemed void or unenforceable, the remaining provisions of this agreement shall continue in full force and effect.
Any signature delivered by digital signing device shall be treated in all manner and respect as an original document.
Any reference to “The Property”, we”, “us”, “our”, or “company” refers to Casa Candelaria Properties, a subsidiary of Butterfly Management LLC.
Guest is signing this agreement in good faith and comprehension of the English language. If a native language other than English is required, an agreement will be provided upon request.
Phew! That was a lot of legalese to get through. Thank you in advance for your cooperation to make your stay an amazing one.
If you have any questions or concerns, please don't hesitate to contact us at casacandelariacabo@gmail.com