Thanks for booking your vacation with Tortugas Villas.

Please read the following agreement and policies.  By checking the box next to “I agree to the Terms & Conditions” you are acknowledging and agreeing to the following:

AGREEMENT: This Short Term Rental Agreement (the “Agreement”) is made by and between the vacation rental owner (“Homeowner”) and you (“Guest(s)”) as of the date set forth by the submission and payment of reservation .  For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows:

PROPERTY: The property is located at: Playa Las Tortugas, No.13, Colonia Las Fuentes, Otates, Nayarit C.P. 63708 Mexico

ACCESS: Guest shall allow Homeowner or Property Manager access to the property for purposes of repair and inspection.  Homeowner shall exercise this right of access in a reasonable manner.

BOOKING TRANSACTION: You are entering into a short-term rental agreement directly with the owner of the vacation rental property you are booking.  Tortugas Villas LLC is simply acting as a neutral, managing party to assist with the exchange of booking funds and pertinent information.

ARRIVAL (CHECK IN) & DEPARTURE (CHECK-OUT) DETAILS: Once your booking has been paid in full, you will receive contact information for the on-site property manager.  The property manager will help coordinate any transportation, maintenance, or logistical needs you  may have during your stay.  Arrival will take place no earlier than 3PM on the first day of your stay.  Departure will be required by 11AM on the final stay of your stay.  All exceptions will need to be pre-arranged prior.

RESCHEDULING AND CHANGES: The Property is held exclusively for you.  Rescheduling is considered a cancellation of the initial reservation and the creation of a new one. Cancellation charges will apply per the terms of this Agreement.  Rescheduling requests can be sent via email to reservations@tortugasvillas.com

NO SHOWS, LATE ARRIVALS, EARLY DEPARTURES: The property has been reserved exclusively for your use during the term of your lease. There are no refunds or credits for no shows, late arrivals or early departures.

HOST CANCELLATION: If for any reason the Homeowner has to cancel the booking, you will be notified as quickly as possible and refunded 100% of any rental monies paid.  All reasonable efforts will be made by Tortugas Villas LLC to re-lodge you in a comparable villa, if you so desire.  Standard rates will be charged for re-bookings made in this fashion.

MAXIMUM OCCUPANCY: The maximum number of people that may occupy the vacation rental is understood to be 2 persons for each bedroom indicated on the listing.  Pre-approval for additional occupancy will be assessed on a case by case basis, and may incur additional fees.  Unauthorized occupancy in excess of the indicated capacity may result in eviction and forfeiture of all rental monies paid.

RESERVATION DEPOSIT: A fee equal to 50% of the total rental amount is due immediately upon booking in order to reserve dates for occupancy.  In case of cancellation, reservation deposit will be refunded as set forth by terms in “CANCELLATION POLICY” below.

DAMAGE DEPOSIT: A $400 damage deposit will be due at time final payment is made (at least 30 days prior to check-in).  The damage deposit does not apply to rent and will be refunded, in full, less any deductions for damage to the property, its contents, or common areas within 15 days from your last date of occupancy of the property.

INSURANCE:  We encourage all renters to purchase travelers insurance.  If insurance cannot be issued for your stay, or if damage is caused in excess of amount covered by damage deposit, you will be held responsible for payment.

MAINTENANCE AND CLEANLINESS: Homeowner agrees that home will be cleaned prior to your arrival.  If the premises appear dirty or damaged upon Check-in, Guest shall inform Property Manager immediately.

CANCELLATION POLICY: If Guest(s) wishes to cancel his/her reservation, the reservation deposit will be refunded at rate as follows:

100 % if cancelled 6 months prior to the Check-in Date

 75 % if cancelled 3 months prior to the Check-in Date

Entire reservation deposit will be forfeited, without refund, in cases where cancellation occurs less than 90 days prior to Check-in Date.

REFUNDS FOR EVENTS OUT OF OWNER’S CONTROL: We will make every effort to correct any problem that arises during your stay in a timely manner. There will be no refunds or compensation for events out of our control including but not limited to: Acts of God, acts of war, actions of government or its agencies, road maintenance or conditions, gas shortages, power outages, water outages, internet outages, health / travel advisories, curfews or bans, construction or maintenance work in the vicinity, equipment failures, insects, rodents, wildlife, proximity to other dwellings, business closures and area event schedule changes.

If there is a storm or hurricane, no refunds will be given unless:

• The state or local authorities order mandatory evacuations in a “Tropical Storm/Hurricane Warning area” and/or

• A “mandatory evacuation order has been given for the Tropical Storm/Hurricane Warning” area of residence of a vacationing guest.

The day that the authorities order a mandatory evacuation order in a “Tropical Storm/Hurricane Warning,” area, we will refund:

• Any unused portion of rent from a guest currently registered;

• Any unused portion of rent from a guest that is scheduled to arrive, and wants to shorten the stay, to come in after the Hurricane Warning is lifted; and

• Any advance rents collected or deposited for a reservation that is scheduled to arrive during the “Hurricane Warning” period.

RENTAL RULES: Guest agrees to abide by the Rental Rules attached as Exhibit A at all times while at the property and shall cause all members of the rental party and anyone else Guest permits on the property to abide by the following rules at all times while at the property.

VIOLATION OF AGREEMENT: A material breach of this Agreement which results in damage to the Premises, personal injury to yourself or others, a breach of the peace, a nuisance to others, or a violation of criminal law or local code, shall be grounds for termination of your occupancy of the Property. Permission to occupy the premises may be revoked if the reservation was made using fraud or misrepresentation. Any reservation made under false pretenses will result in forfeiture of advance payments and you will not be permitted to check-in.

INDEMNIFICATION AND HOLD HARMLESS: Guest(s) is/are responsible for any property damage, accident or injury to any person or loss sustained by any person arising out of, or in any way related to, Guest’s use of the Property or its contents. Guest(s) agrees to indemnify and hold Owner, Owner’s Agents, Tortugas Villas LLC,  Playa Las Tortugas homeowners and Homeowners ’Association and their officers and employees, harmless from any and all claims including those of third parties, arising out of or in any way related to Guest’s use of the Property or its contents. Guest assumes all risks of injury or other losses relating to any recreational, or other activities and will hold Owner and its Agents harmless with respect thereto.

GENERAL TERMS: If any section of above rental agreement is found to be void, invalid, or unenforceable, all other terms herein shall be severed and remain in force and effect.  This Agreements is taken in full compliance with federal, state, and local Fair Housing Laws, without regard to race, color, religion, sex, or handicap.

ENTIRE AGREEMENT: This Agreement represents the entire Agreement between the Owner and Guest(s) and supersedes all previous understandings and agreements between them, whether oral or written. The parties agree to the all terms set forth above.

Exhibit A

RENTAL RULES

1. Smoking is allowed outside only.

2. People other than those in the Guest party set forth above may not stay overnight in the property.  Any other person in the property is the sole responsibility of Guest.

3. All of the units are privately owned; the owners are not responsible for any accidents, injuries or illness that occurs while on the premises or its facilities. The Homeowners are not responsible for the loss of personal belongings or valuables of the guest. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise.

4. Keep the property and all furnishings in good order

5. Only use appliances for their intended uses

6. PETS are permitted only with prior approval and the Pet Addendum must be completed.

7. Housekeeping:  Daily maid service is included in the rental rate.  We do not permit towels (other than beach/pool towels) or linens to be taken from the units.

8. Water and Septic: The property is on a well and septic systems.  The mineral content in the water is high.  The septic system is very effective; however, it will clog up if improper material is flushed.  DO NOT FLUSH anything other than toilet paper.  No feminine products should be flushed at anytime.  If it is found that feminine products have been flushed and clog the septic system, you could be charged damages of up to    $300   .]