Clause 1. Identification of Landlord and Tenant
This Agreement is entered into between __________________________ (Tenant’s name) and Travel for Adventure, Inc. By entering into this Agreement tenant declares acceptance of all terms and conditions herein. In the event that the Tenant is more than one individual all listed Tenants will be jointly and severally bound by the terms of this rental agreement.
Clause 2. Identification of Premises
Subject to the terms and conditions in this Agreement, Landlord rents to Tenant, and Tenant rents from Landlord, for residential vacation purposes only, the premises known as “Casa Gordon” located at Kilometer 18.25 Carretera Costera Sur, Cozumel, Quintana Roo, Mexico, (the premises), together with the following furnishings and appliances: All furnishings and amenities of Casa Gordon with the exception of the southern master suite, office, service staff apartment(s), and certain restricted mechanical and maintenance/storage areas. Rental of the premises also includes: Staff and food services as specified in Appendix I to this agreement
Clause 3. Limits on Use and Occupancy
The premises are to be used only as a private vacation residence for Tenant(s) and their guests listed in Clause 1 of this Agreement, and their minor children. Occupancy by guests for more than the exact specified term of this agreement is prohibited without Landlord's written consent and will be considered a breach of this Agreement. Tenant will provide Landlord with a complete list of all occupants of premises. Tenant will not allow occupancy in excess of that agreed upon herein.
Maximum Occupancy for this rental shall not exceed:
______ Adults ______ Teens/Tweens (10 – 19 years)______ Children (3 – 9 years) ______ Infants (0 – 2 years)
Clause 4. Term of the Tenancy
The rental term will begin on_____/_____/_____the arrival of the Tenant at approximately 3:00 P.M. and terminate at 12:00 noon on _____/_____/_____. Tenant agrees to vacate the premises by 12:00 noon on _____/_____/_____. Tenants can arrive at 12:00 PM but rooms will not be ready until 3:00 PM. Earlier check in can be requested 3 days before travel only in the event that there are no prior tenants check out on departure day.
Clause 5. Payment of Rent Rental and Security Deposits Paid in Advance
Tenant will make payments to Landlord according to the following schedule:
1. Initial payment of $____________US, constituting one-half of the total rental fee at the time of execution of this rental agreement. Receipt of this initial payment and the execution of the rental agreement will make firm the Tenant's reservation of the premises for the agreed upon term.
2. Payment of $____________US, the remaining rental fee, is due and payable by _____ /_____ /_____ and no later than 60 calendar days prior to the beginning of the rental term specified in Clause 4, above.
3. $1,000 US as a security deposit for damage and an estimated chef service payment remaining no later than 15 calendar days prior to the beginning of the rental term specified in Clause 4, above.
Clause 6. Non Payments/Cancellations
If Tenant fails to pay the remaining one-half of the remaining rental fee and/or the $1000.00 US security deposit by the payment deadline specified above in Clause 5.2, Tenant forfeits the initial rental payment made and any reservation or rental rights without any further obligation on Landlord's part.
Clause 7. Security Deposit
As specified in Clause 5.3 above, Tenant will pay to Landlord the sum of $1000.00 US as a damage deposit. Within ten (10) business days after Tenant has vacated the premises, returned keys and provided Landlord with a forwarding address, Landlord will return the deposit in full or provide Tenant an itemized written statement of the reasons for, and the dollar amount of, any of the security/food deposit retained by Landlord, along with a check for any deposit balance. Delivery of refund will be made to Tenant's Name and address listed on agreement.Clause 8. Tenant's Maintenance Responsibilities
Tenant (and, Tenant accepts responsibility for all guests present during rental term) will: (1) treat property and furnishings with reasonable care; (2) immediately notify Landlord and/or Landlord's on-site representative(s) of any defects or dangerous conditions in and about the premises of which Tenant becomes aware; and (3) reimburse Landlord, on demand by Landlord, for the cost of any repairs to the premises damaged by Tenant or Tenant's guests or business invitees through misuse or neglect, cooperate with Casa Gordon staff in maintenance of premises and protection of premises and furnishings.
Clause 9. Landlord's Failure to Deliver Possession
If Landlord is unable to deliver possession of the premises to Tenant for any reason not within Landlord's control, including, but not limited to, partial or complete destruction of the premises, Tenant will have the right to terminate this Agreement upon proper notice as required by law. In such event, Landlord's liability to Tenant will be limited to the return of all sums previously paid by Tenant to Landlord.
Clause 10. Waiver of Rights and Hold Harmless
Tenant hereby waives all rights of recourse and holds Landlord absolutely harmless of any liability with regard to the rental property, and/or transportation to or from the rental property. Tenant acknowledges that Landlord is not and will not be responsible for any event experienced by Tenant or Tenant's guests while on the rental premises, in transit to or from the rental premises, and/or in any other way related to this rental.APPENDIX I
Included in this Appendix is information describing in general the scope of duties of Casa Gordon staff, Casa Gordon facilities restricted to staff use only, available menu and food service arrangements, and treatment of items broken or lost by renter(s). Appendix I includes but is not restricted to the items listed and /or described. It is intended to provide information to the renter(s) as to various particulars involved in the rental. Appendix I does not, and is not intended to, cover every eventuality that may result from any activity or experience in the renting or occupancy of Casa Gordon.
A. Duties of Casa Gordon Staff
Each of the Casa Gordon Staff is assigned certain duties involving the upkeep and maintenance of Casa Gordon and the Casa Gordon grounds and the provision of security for both property and occupants. During periods when guests occupy Casa Gordon some staff duties provide direct service to guests. Such services include daily cleaning of each room and laundry service for sheets provided once during the week’s stay. No personal laundry service is allowed, however, laundry can be requested at $5 at load. Staff will endeavor to assist guests as much as possible, but guests must understand and accept that all staff personnel have regular work assignments that must be given priority in order that the house and facilities operate smoothly.
B. Facilities and Areas of Casa Gordon Restricted to Staff Use Only
These include but are not limited to: the small office (computer) room adjacent to the den; the laundry machines (washers/dryers); the mechanical areas such as the water purification plant, pool and house pump rooms, generator building, and electrical transformer box; the 4 wheeler ATV, powered watercraft, and other motorized vehicles; certain storage areas, such as the locked area of the Master Bedroom closet; and the southwest upstairs (owner's) suite.
Casa Gordon is a smoke free habitation. No smoking whatsoever is allowed inside any part of the house or other enclosed structures. Smoking is allowed only outside and smoking guests are asked to use ashtrays always. Smoking in the house is considered a damaging event because of the effects of the smoke itself on the bedding, furniture, air ducts, etc. Damage assessments will be levied for smoking in the house, garages, or store rooms. Refusal to honor the no smoking policy may also result in eviction.
D. Electronics Systems & Devices(s)
Casa Gordon has electronics systems including satellite television, telephones, wireless internet (with dial -up backup), and audio-visual systems such as TV/DVD, stereo sound etc. Please note that there is no guarantee, implied or otherwise, that all of these systems and devices will be working. While we strive to see that everything is functioning properly, there are times when certain devices or systems malfunction. Repair is not accomplished as quickly as in the USA, generally speaking.
E. Treatment of Items Broken or Lost By Renter(s)
Because of the remoteness of Casa Gordon and consequent difficulty replacing or repairing many items, it is necessary to impose a policy of charging guests for items lost or broken. In many cases replacement requires shipment from the United States and the cost of import duties, or the often very slow delivery of replacement items from Mexican vendors. Examples of items prone to loss or breakage and their current replacement costs are: keys ($10 US per key); beach towels ($25 US per towel); and satellite TV access cards ($350 US these cards do not work in the US, by the way). Replacement or repair of such items as TV or stereo remote controls, telephones, Xbox 360, Playstation 2(s), or other such items necessitate charges to the guest to cover all expenses involved in restoration to previous status as quickly as can be accomplished.
F. Available Menu and Chef Service Payments
Your Rental Agent can arrange for food service options and enhancements. This is an extra cost program that is priced according to the specific services provided. Included, for example, are breakfast, lunch, dinner, kids menus, parties with additional wait staff and entertainment, etc. A Chef Service deposit will be assessed 15 days before travel to offset the cost of supplies and service for the optional meals/menus. Please note that menu selections are required fifteen days prior to occupancy; if selections are not made within this time frame we may not be able to honor the requested meal selections. Once your menu selections have been finalized, we can determine the approximate final cost of your Chef Service. Additional Requests made for drinks/snacks not covered by the chef deposit payment must be paid in cash prior to departure. Use of the kitchen by guests for anything other than the storage of snacks and drinks, and the preparation of basic snacks and drinks is prohibited.
G. Long Distance Telephone
Telephone service is billed through a computerized telephone log similar to most hotels. Calls to and from each extension are logged and timed. Calls made from Casa Gordon TELMEX service are billed at $1.10 (USD) per 0 sec to one minute per call. Long distance charges will be invoiced on day of departure and can be paid at time of departure or from final deposit. H. Rooms, Keys, and Such A list of room assignments needs to be made no later than fifteen days prior to occupancy so that Casa Gordon staff can properly prepare for guests. Room keys, towels, beach towels, etc. will be provided. Guests can check out DVDs from the house library as well as check out remote operators for the front gate. All of these items are for your convenience, but a charge will have to be assessed in the event any of them are damaged or lost.
I have read and understand the AGREEMENT AND APPENDIX I to the Casa Gordon Rental Agreement in full.
(Signature - Tenant) (Date)
City, State Zip
(Signature - Landlord’s Agent)(Date)
Travel for Adventure Inc.
10135 Timber Trail Drive
Dallas, Texas 75229