Terms & Conditions of Vacation Rental at Casa Paz y Amour |: consideration of the monies received and the mutual promises contained herein, the Manager of the subject property hereby agrees to give guests permission to use the Property called Casa Paz y Amour on the dates described on the reservation form and in the confirmation e-mail, under the conditions stated herein:
Advance Payment: Guest agrees to pay Manager an Advance Payment in the amount specified on the reservation form and in confirmation e-mail. Advance payment is used to secure the property for advance reservations and is due at the time the reservation is made.
Final Payment: Guest agrees to pay Manager the final payment on the date due and in the amount specified on the reservation form and in confirmation e-mail
Cancellation Policy: A 25% cancellation fee will be applied to all reservations. For cancellations received within 60 days of arrival. If cancellation is requested on or after arrival date, all payments will be retained. If the subject property can be re-rented, a pro-rated refund will be issued less the 25% cancellation fee
Security Deposit: Guest agrees to have Manager hold credit card number as a security deposit for all damages that might occur during the guests stay.
Guest agrees to pay Manager the amount of actual damages to the Property arising from use of the Property, as well as for missing items, excessive clean-up and, if necessary, the cost incurred in removing Guest from the Property.
Cleaning Fee: A cleaning fee is required for each guest stay. For stays of seven days one room 100.00 non refundable. Seven days three rooms 150.00 non refundable. For stays of one night, one room 25.00 non refundable. One night, three rooms 75. 00 non refundable. For stay of two nights one room 50.00 two nights three rooms 75.00. Non-refundable. For stays of three nights one room 75.00 non refundable. Three nights three rooms 100.00 non refundable.
Check in: Check in begins at 2:00 PM on the Arrival Date specified on reservation form and in confirmation e-mail . This time is negotiable depending on occupancy and based individual guests reservations.
Checkout time Checkout is NO LATER than10:00 AM on the Departure Date unless a later time has been approved and negotiated with Manager prior to arrival. This is based on each individual guests requests and requirements and always contingent on new occupancy.
Property Inspections: All problems, including inadequate cleaning and damage, must be reported in writing to Manager within 24 hours of check in for prior guest to be held responsible. Manager lives on site and reserves the right to enter guest’s rooms at any time for the purpose of effecting necessary inspections, repairs or maintenance. A small dander-free dog is present at the property, although does not have access to the entire property and can be removed upon guest’s request. Presence of the managers dog does not constitute a valid reason for rental termination.
It is Guest’s sole responsibility to inspect the Property upon arrival. Guest agrees to inspect the entire Property to ensure that it is free of hazards and properly equipped.
Please note that Casa Paz y Amour is not equipped for the elderly or handicapped.
Guest assumes the entire risk of injuries arising from use of the Property.
Guest will ensure that the Property has a secure shower or bathtub mat, and that the Guest takes reasonable measures to prevent slips in the bathroom, on staircases, steps, on balconies and throughout the Property.
Guest agrees to take a higher degree of care in the use of the Property because of the age of the structures and antique artifacts.
Occupancy: The maximum number of occupants allowed in the Property is specified in the reservation. Children over the age of 4 are counted.
Overcrowding or misrepresentation is grounds for immediate revocation of the permission to use the Property and warrant removal of Guest without refund.
The Guest and or guests are the persons who will occupy the Property.
Parents may not book Properties for their children.
The Guest must be present at the Property for the time of the reservation and take full responsibility for the Property.
Small children are the responsibility of the Guest. Children should not roam free on balconies, climb on furniture, hang out of windows, or engage in other unsupervised activities. Use is at your own risk.
Guest takes full responsibility for all lost or broken items and any damages to the Property of any kind
Restrictions on Property Use: Guests are prohibited from engaging in any unlawful activity or any other activity that constitutes a nuisance.
Violation of this provision will result in immediate eviction without refund, and Guest will be held liable for any damages to the Property, contents and grounds
Pets: No Pets are allowed on the property at any time. Violation of the “No Pets” stipulation is grounds for immediate removal without refund.
Smoking Prohibited: Casa Paz y Amour is a nonsmoking property and any form of smoking is prohibited inside the property.
Personal Property Loss: Manager is not responsible for any loss or damages whatsoever due to the loss, theft or damage to Guest’s personal property or to personal property owned by Guest’s visitors including any vehicles whether owned, leased or rented
Returned Checks: Guest will pay a $1000.00 returned check fee on each check returned by Guest’s bank
Subletting and Assignment: Guest may not sublet, sublicense or otherwise grant any rights to the use of Casa Paz y Amour unless agreed upon in writing with the Manager.
Property Use Casa Paz y Amour may not be used for any activity in violation of local, state or federal laws,
Attorney’s Fees: If Manager consults legal counsel or a professional collection service for collecting any amounts due to Manager under this Agreement, Guest shall be responsible for all costs of litigation and/or collection in case of such, including actual attorney’s fees
Limitations on Rental: Casa Paz y Amour will not be liable for circumstances beyond their control, including but not limited to appliances or air-conditioning/heating failure, other mechanical failure, unfavorable weather, disruption of utility services including cable television, etc. There will be no relocation, rental pro-ration or refund in the event of such circumstances.
In the event Manager is unable to deliver rooms at Casa Paz y Amour to Guests because of property sale, property Manager decision, fire, mandatory evacuation, eminent domain or Acts of Nature, or if the property is unavailable because of construction delays or lack of utilities, Guest agrees that Manager’s sole liability, as a result of any of these conditions, will be a full refund of all payments tendered by Guest.
Casa Paz y Amour is not rented for more than 30 days and is taxed and treated as a transient occupancy, akin to hotel accommodations.
Property laws do not apply to the license granted herein, and the Guest may be removed as a trespasser immediately upon termination of this license. The Property is rented on regular short-term periods and for a significantly higher rate than a non-vacation rental.
Often a Guest is scheduled to begin a vacation at Casa Paz y Amour on the same day as the checkout day of another prior Guest. If Guest stays even one additional day, Manager would face significant logistical problems with the next Guest, including possible liability. As such, Guest agrees to vacate immediately on the checkout day at 10:00 a.m. Failure to do so will entitle Manager, in addition to all other remedies available to it, to have Guest ejected by law enforcement as trespasser and to physically remove Guest and all of Guest’s possessions from the Property (for which Guest hereby grants permission and consent) and obtain damages and injunctive relief against guest.
Indemnification: Guest agrees to release Manager from and against all liability should anyone be injured upon the premises during the term of occupancy resulting from any cause whatsoever, except in the case of personal injury caused by willful gross negligence on the part of the Manager Effective Date: Not withstanding any thing to the contrary, this Occupancy Agreement is binding and effective when no signature is required, and Guest’s affirmative assent to the terms is expressed by Guest’s reservation of the unit. If Guest desires to terminate this agreement due to lack of assent, he/she must do so within three days of the date the reservation was made in writing to the manager of Casa Paz y Amour.
Governing Law: The terms and conditions stated herein will be interpreted by and governed under the laws of the State ofNew Mexico and any action arising out of this agreement shall be litigated in the State ofNew Mexico.
Attorney’s Fees: In the event of any action or proceeding commenced by any party, the prevailing party in such action or proceeding shall be entitled to recover from the other party all cost and expenses thereof, including actual attorney’s fees and cost.
Invalid Provisions: If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully sever able and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof; and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance hereof. Furthermore, in lieu of such illegal, invalid or unenforceable provision there shall be added automatically as a part of the Agreement a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and still be legal, valid or enforceable
Entire Agreement: This Agreement sets forth the entire understanding of the parties and supersedes all prior agreements or understandings, whether written or oral, with respect to the subject matter hereof. No amendment or modification hereto shall be binding unless made in writing and signed by the parties hereto.
Waiver: The waiver by either party hereto of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of a subsequent breach of same provision by any party or of the breach of any other term or provisions of this Agreement Headings: Headings of the paragraphs herein are used solely for convenience and shall not be used for interpretation or construing any word, clause, paragraph or provision of this Agreement.
By reading this agreement on line prior to submitting your reservation, Guest hereby agrees and accepts all the terms and conditions stated above.