Cozumel

Guest Agreement for EnjoyCozumel.com

This agreement constitutes a contract between the guest(s) and Cozumex LLC ("Agent") for vacation rental properties listed on EnjoyCozumel.com (“Site”). Agent does not own or manage any of the vacation rental properties listed on the Site. EnjoyCozumel.com acts solely as a venue to allow homeowners and property managers to offer vacation rental properties for rent to potential renters. Please read this agreement thoroughly. Any monies received by Agent for occupancy of vacation rental properties indicates the acceptance of the terms and conditions of this agreement. It is the responsibility of the guest(s) to be familiar with all policies within this agreement.

1. Payments, Cancellations, and Changes

• Reservations: Reservations are secured by payment of a deposit, which is 50% of the total amount of the reservation. The balance is due 45 days before your arrival and will be charged automatically to the guest’s credit card on file unless other arrangements are made.
• Cancellations: If you need to cancel, we will try to rebook your dates. If we're successful, we will refund all or a pro-rated portion of your deposit. If we can't rebook your dates, you may have the option - subject to the owner's approval and within one month of your cancellation date - to move your reservation to another date of equal or lesser value, up to one year in advance. If that's not an option, and we cannot rebook your dates, you will lose your deposit.
• Travel Insurance: At the time of your deposit, you will also have the option to purchase Travel Insurance provided by Generali Global Assistance, which can further safeguard your trip against unforeseen events and/or adverse weather and hurricanes. We strongly recommend purchasing travel insurance to further safeguard your trip.
• Changes to Reservations: Any changes to reservations are subject to Property Manager or Owner approval. If you extend your stay, you agree that any additional nights will be charged at the rate indicated in the property's rate table, using the payment method you used for the original reservation.
• Explicit Refund Policies: No refunds will be issued for:
  1. Early departures.
  2. Reduced nights stayed.
  3. Delayed arrivals.

2. Age Requirement

A responsible adult must accompany any guest under 25 years of age. Adults traveling with children or minors are solely responsible for them.

3. Parties, Events, and Occupancy

• Unauthorized Parties or Events: Unauthorized parties, weddings, or functions are strictly prohibited. Violations may result in fines and immediate eviction.
• Approval for Additional Visitors: Written approval is required for any visitors beyond the stated maximum occupancy.
• Maximum Occupancy: Exceeding the maximum occupancy of the property you’re renting at any time is not permitted without express written approval, due to property Property Manager and Owner requirements, health regulations, and building codes.

4. Losses and Damages

• Missing or Damaged Items: Any evidence of willful or negligent loss or damage to the property, furnishings, decoration, landscaping, towels, linens, or other items will be charged at direct replacement cost plus a fine of up to $500.
• Accidental Damage Protection: Accidental damage protection is included for any damages or accidents subject to exclusions and limitations that occur to the premises during your rental period up to $1500.
• Additional Damages: Any damage or accident that is not covered under the policy will be the responsibility of the Guest. The Property Manager or Owner of the property will conduct an inventory and inspection after every rental and Guests agree to be charged after the rental for additional repairs and charges for accidental damage or breakage, missing items or damage to the property or common areas in excess of $1500.

5. Long-Term Rentals

If we collect a security deposit for your rental, the deposit will be refunded, minus any utilities and services charges for rentals of one month or longer, no later than two weeks following your departure date. Depending on the property, utilities and service charges may include: electricity, gas, pool/gardening, water, cable/internet, phone, maid service, laundry, and cleaning supplies.

6. Pets

• Pet Approval: Pets are not allowed unless explicitly approved. Unauthorized pets may result in eviction and loss of rental payments.
• Pet Fee: If permission for a pet is granted, an additional pet fee must be paid prior to check-in.

7. Other Rules and Regulations

• Noise and Community Rules: Guests must adhere to all local ordinances regarding noise levels, including any quiet hours specified by the community or property. Excessive noise or disturbances may result in fines, eviction, or other penalties.
• Compliance with Local Laws: Guests are responsible for complying with all local laws and regulations, including those related to alcohol, drugs, and occupancy limits.
• Check-In and Check-Out Times: Check-in time is 3:00 pm and check-out time is 10:00 am local time.
• Smoking: No smoking is allowed inside properties unless otherwise stated.
• Common Areas: Rules and regulations for common use areas should be strictly followed. A fine may be imposed for breaking such rules and regulations. Payment of fines is the sole responsibility of the guest and the Guest's credit card may be charged for such rule violations.

8. Mechanical Failures

The Property Manager or Owner cannot guarantee against mechanical failure of heating, air conditioning, hot tubs, TVs, satellite receivers, or other appliances. Guests must report any inoperative equipment immediately. The Property Manager will make every reasonable effort to repair the equipment promptly within a reasonable timeframe. However, no refunds or rent reductions will be issued for such failures or temporary malfunctions.

9. Construction

Construction of new attractions and accommodations often occur in Cozumel. We cannot move you, make rate adjustments or give rebates for inconvenience due to construction, road repair, etc.

10. Listings and Pricing

Information regarding individual listings is believed to be accurate but cannot be guaranteed. We have made every effort to ensure that all the information on our website(s) is current and accurate. However, rates, fees, and taxes are subject to change without notice.

11. Things Beyond Our Control; Force Majeure

We work very hard to make sure your stay is happy and comfortable. However, there are some things that are out of our control. Examples of these types of things include acts of God, government actions, fire, strikes, war, bad weather, disturbances by neighbors, electricity blackouts, etc. Please understand that there will be no refunds or discounts offered and should not be expected.

12. Sale of Property

Sales do not happen often, but in the event the property you booked is sold, we will do our best to find you alternative accommodations. In most cases, acceptance of future rentals is stipulated in the sales agreement. In the event that it is not and we cannot find you alternative accommodations, we will refund your reservation in full.

13. Lost and Found

Lost items will be held for 14 days. A convenience fee of $50 plus shipping charges will apply for returning items. Unclaimed items after 14 days may be donated or disposed of.

14. No Endorsement

By using the Site, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from the "Releasees" (Agent, Owner, Property Manager, their employees, and representatives) with respect to such actions or omissions.

15. Indemnification and Hold Harmless

Guests agree to indemnify and hold harmless the Releasees for any injuries, theft, damages, or losses during their stay. Guests also accept responsibility for any violations of local laws or ordinances during their occupancy. Guests further release the Releasees from liability for personal injuries, accidents, or damages that occur on the property during their stay, acknowledging the risks associated with vacation rentals. Additionally, the Guest agrees not to hold the Releasees responsible for any third-party services booked through the Releasees, including but not limited to car rentals, diving, snorkeling, fishing, or other excursions.

For properties with a swimming pool, Guests acknowledge and accept that:

• No lifeguard is on duty, and Guests are responsible for the safe use and operation of the pool, including supervision of all individuals using the pool during their stay.
• Use of the pool involves inherent risks, including but not limited to malfunctioning equipment, tripping or falling hazards, and potential collisions between swimmers.
• The Agent, Property Manager and Owner are not liable for any injuries, accidents, or damages resulting from pool use. Guests waive all claims against the Releasees for losses related to pool use, including negligence.
• Guests agree to adhere to all pool rules and assume full responsibility for their actions and those of their guests while using the pool facilities.
• This waiver extends to the Guest’s heirs, next of kin, and any representatives, fully releasing the Releasees from liability.

16. Acknowledgment of Agreement

By completing your reservation online the Guest(s) agrees to all terms and conditions outlined herein, including payment of all applicable fees and adherence to all property rules.