CasaTropicana

Rental Agreement, Cancellations/Flexible Rescheduling, & Accidental Damage Waiver

GUEST AND REGISTERED GUESTS
Principal Guest, “Guest” is a minimum of 25 years of age. There are no age restrictions with other traveling members.  Children must be over 12 years of age.   

Guest will assume all responsibility of the property during their stay and adhere to the rules and conditions set forth in this Agreement.  Guest will be held liable for all actions of the registered guests, invited guests and any other individuals that are not part of the company, who enter the property during the dates of rental.  Guest will assume responsibility for any damages and/or violations of house rules and any fines and/or assessments as a result.

The reservation is confirmed and agreed upon with a registered number of guests.  Guest agrees that only the number of people stated on the reservation shall occupy the property for the duration of the rental.  The rental property is not intended for parties, events or gatherings unless arranged in advance and approved in writing by Casa Tropicana.  Unauthorized invitees will result in extra charges, event fees and/or other assessments.  Please inform us of any change in the number of Guests before your arrival to avoid these charges and to ensure the rental property can be prepared appropriately for your group.  No exceptions or refunds are given for changes in the number of Guests after your arrival.

GUEST CONDUCT
Excessive noise, loud music, illegal activity, or evidence of violation of agreement policies, will result in fines and potential eviction of the rental property.  Some communities will ticket and fine guests for excessive noise, rude conduct at entry and/or damage to community.  Guest agrees to settle and pay these fines in full, prior to departure.

ARRIVAL
Check-In is at 3pm.

Early arrivals may be arranged when possible, pending the departure schedule.  If the property has a check-out on the day of check-in, an early check-in will not be possible as housekeeping staff needs time to changeover the property.  Arrangements must be made in advance to permit early check-in and cannot be confirmed until 3-days (three) prior to arrival.  At the very least, Casa Tropicana can make arrangements for Guest to drop luggage at the property, assuming prior guests have already departed. 
 
Please schedule your arrival time with our concierge.  Casa Tropicana provides a comprehensive tour of the property, operational briefing and walk-thru inspection for confirmation of property condition upon check-in.  Any existing damages will be documented during this inspection.  For any other damages, please see the Security Deposit Section.

DEPARTURE
Check-Out is at 11am. 

Guest hereby represents and warrants that upon Departure, the Property shall be returned in the same condition as the time of Arrival.
 
Please confirm your departure time with your Personal Concierge.  If the Guest would like a late check-out, he/she must confirm in writing, with Casa Tropicana, and will be subject to availability.

PAYMENTS
50% (fifty percent) of the total reservation amount must be paid via bank wire, PayPal, Zelle or Venmo.  The remaining 50% (fifty percent) will be due 30-days (thirty) prior to arrival. 

If final payment is not received 15-days (fifteen) prior to arrival, the reservation is canceled, dates are released on the calendar and all funds are forfeited and non-refundable.  Any reservations made within 30-days (thirty) must be paid in full. 

ACCIDENTAL DAMAGE WAIVER
The Accidental Damage Waiver (“ADW”) is required on all Casa Tropicana reservations.  This waiver protects the property during your rental from accidents, up to $1,500 USD.  The ADW covers ACCIDENTAL DAMAGES ONLY and does not cover gross negligence to the property or its contents.  ADW excludes additional cleaning fees, towel and linen stains, and any other damages created from gross negligence or abuse.  ADW does not cover cigarette burns and/or other smoking-related damages.  Photo evidence of accidental damage must be obtained in order to exercise the policy.  Without photo evidence of accidental damage, damages will be assessed against the Guest Security Deposit.

Damage
Guest acknowledges and agrees that he/she is responsible for damages, loss of inventory, excessive cleaning required, event fees, excess occupancy fees, labor needed to repair delivery damages, and/or service charges during occupancy dates.  
 

Guest personally warrants and accepts that he/she is responsible for loss and guarantees to pay the total amount of damage to Casa Tropicana within 14-days (fourteen) from request for payment.  As a condition to the rental of all vacation properties, Casa Tropicana reserves the right to charge the Guest's credit card for any and all uncovered losses and damages sustained to the vacation rental property.  

TRAVEL INSURANCE
Casa Tropicana does not provide travel insurance for reservations.

RESCHEDULING RESERVATIONS
We are now offering flexible rescheduling options for new reservations.  We will allow Guests to reschedule their travel dates without penalty, up to 15-days (fifteen) prior to arrival.  Your credit for future dates will be redeemable up to 1 (one) calendar year from your original travel dates, at the same property and for the same number of nights (you are able to extend your stay based on availability).  You are permitted 1 (one) reschedule without penalties or fees.  Rescheduled reservations are subject to rate increases, based on availability and season.  This offer is NOT valid for reservations made with travel dates between December 16th and January 5th.

We do not allow reschedules based on fear of travel.

CANCELLATIONS
Guest hereby understands there are NO cancellations.  Casa Tropicana does not issue refunds due to acts of nature such as: weather, road conditions, power outages, security, travel warnings, pandemics or political unrest.  In the event the rental property is rendered unfit for occupancy or use, this Agreement may be terminated by Casa Tropicana and Guest will be provided a full or pro-rated refund for the time the rental property was not used. 

SMOKING
Smoking is not permitted inside the rental property.  Any detection of smoking within any building will result in a minimum $500 USD (five hundred) fine.  One warning will be issued.  The second offense will result in immediate eviction. 

PETS
Unless authorized in advance, Guest will not have any pets on premise.  A pet must be permitted through written approval from Casa Tropicana. If approved by Casa Tropicana a one time pet fee will be charged for the duration of the stay.  A Pet Fee of $750 USD (seven hundred and fifty) will be charged to the Guest in the event of violations of the rule.

PRIVATE PROPERTY
Guest agrees that any locked off areas are exclusively the private property of the 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. 

TRONCONES AND MEXICAN LAWS
Guest acknowledges that he/she is subject to the laws of Troncones and Mexico and will be held responsible for any violations served because of actions of the Guest or other members of the Guest’s party.  Guest will act in a socially respectable manner within the country. Use of Drones is not allowed by Casa Tropicana.

PLUMBING
If a clog occurs, plungers are provided. Please understand pipes in Mexico are more sensitive than other countries. Do not pour grease or put any other foreign objects (including feminine products and toilet paper) in drains or in the toilet.

EMERGENCIES/ MAINTENANCE
In the event of an emergency, dial 911. 

Maintenance issues can arise during your stay. Emergency contact numbers for the property manager are provided at check in and in your itinerary, please report to those numbers immediately upon detection. Casa Tropicana is a 24/7 service company and we will take care of issues in a timely manner to avoid any discomfort during your stay. 

RIGHT OF ENTRY
Casa Tropicana may enter the Property as follows:

• at any time for protection of the Property;

• with Guest consent;

• in case of emergency;

• in the event care, repairs or maintenance is needed on the Property;

• when Guest unreasonably withholds consent.

SECURITY & SAFETY RISKS
Always lock doors and windows when you leave the vacation rental property. During your stay, you assume responsibility for the property and its contents, as well as your personal property. Casa Tropicana does not assume any responsibility for injuries or loss resulting from your failure to use due caution. Children must be supervised at all times, especially around water features, pools and hot tubs. Extreme caution must be used with all gas appliances and fire features and must be turned off when not in use. If you do not know how to use appliances or they are not working properly, please call Casa Tropicana's local representative, Tina, at +52 755 557 0814.

Guest shall be responsible for supervising all activities on the Property including but not limited to activity in or near the pool. Please note that the vacation rental property Owner does not provide a lifeguard on the property or any common elements that may be used by the Guest. 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 and water features, and other unlisted dangers. The listed dangers are not all-inclusive, but simply point out the existence of hazards. Therefore, Guest agrees that he/she is voluntarily participating in the use of the rental property, and hereby assumes all risk of injury, illness, loss of life and damage or loss of property that could result.

GUEST PERSONAL PROPERTY
By signing this Agreement, the Guest agrees that Casa Tropicana will not be liable for any damage, loss, or theft to Guest’s personal property.  In the event the Guest leaves items on the Property after vacating, or that abandonment or surrender occurs, Casa Tropicana shall not be held liable or responsible for the return of the Guest’s personal property.  If Casa Tropicana 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 home 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 posted on our website or call Casa Tropicana for up-to-date information.

• Utility services may be interrupted in the event of inclement weather or other events not within the control of Company.

INDEMNIFICATION & HOLD HARMLESS
All Guest(s) and their Invitees use the vacation property structures and premises at their own risk. Casa Tropicana and its property Owners shall not be held liable or otherwise responsible in any way for injury to any Guest and/or their Invitees that is caused or permitted to be caused by the intentional or unintentional acts of said Guest(s) and/or Invitees, or by the failure of structures, appliances, (including hot tubs and BBQs) furnishings, and/or other equipment, whether by malfunction, misuse, acts of god/nature, and/or are otherwise naturally occurring. Guest agrees to indemnify and hold harmless the vacation property Owner, Casa Tropicana or any affiliate provider, Agents, the Development and its’ employees for any and all liability arising from any use of the Property, any discontent of area or home's furnishings, home's privacy, home's interiors, and any injury which may befall Guest or Guest’s invitees, as a result of Guest 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 as a result of Guest, Guests or, invitees sustaining injuries, the Guest shall personally pay for all costs and expenses incurred by Owner. 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.

MISCELLANEOUS

• Time is of the essence. 

• All questions concerning the meaning, terms, effect, validity, and enforcement of this agreement shall be pursued and determined exclusively pursuant to the Laws of Troncones, Mexico, where Guest takes residence and 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.

• Guest is signing this agreement in good faith.

• This agreement embodies the entire agreement and the understanding between and among the parties relating to the subject matter hereof and supersedes all prior proposals, negotiations, or prior understandings relating to such subject matter. No modification, amendment or waiver requested shall be valid unless made in writing and signed by each and all parties hereto.

• Guest understands that if a request for a particular item is not put in writing, prior to arrival, then Guest will have no legal right to request that item/service (chef, additional bedding, flowers, champagne, food items, cars, yachts, or any item that is not specifically included in this Agreement) and will have no legal right to reimbursement for such item or service.

• If Guest decides to vacate the vacation rental property prior to the end of the rental period for any reason, then Guest will not receive compensation for any time not used. 

• Any reference to “Casa Tropicana”, “we”, “us”, “our”, or “company” refers to Casa Tropicana, 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.