Brisa Caribe “Caribbean Breeze”

                                                                    Villa and Condo

                                 GENERAL RENTAL TERMS

NOTE: These are the general rental terms.  Individual owners may have property specific conditions which will be spelled out in the agreement for that property.

Leaseholder:  Only the reserving party will be considered the leaseholder.  The leaseholder will be held responsible for the payment and other lease holder responsibilities enumerated in the rental agreement.

Brisa Caribe:  Tierra Sol SA de CV which operates under the name Brisa Caribe and the web site www.brisacaribe.com (hereafter referred to as ‘Brisa Caribe’)  is not the actual owner of the accommodation and services that you will be contracting but act solely as an agent for the individuals or companies that own or control these services.  You will need to agree not to hold Brisa Caribe responsible should any of these owners or suppliers: 1) fail to provide the travel services you have purchased; 2) fail to comply with any applicable law; or 3) engage in any negligent act of omission that causes you any sort of injury, damage, delay or other inconvenience.

Terms of Payment: Reservations require a 50% DEPOSIT within 7 DAYS of booking for confirmation.  The BALANCE of rental must be received no later than 90 DAYS prior to the arrival date. For HOLIDAY bookings (Christmas, New Years, Easter & American Thanksgiving) the entire amount may be due at the time of booking or 180 days before arrival depending on the property.  For LAST MINUTE bookings (less than 45 days before arrival) full rental and security deposit is due within 3 DAYS of booking for confirmation.  There is a refundable SECURITY/DAMAGE DEPOSIT at all properties.  In most cases this is due 45 days before arrival.  Failure to pay rental deposit, security deposit or balance of rental on time could result in loss of reservation. 

Cancellation Policies: PLEASE READ CAREFULLY - Cancellations should be in writing and are effective from the date we receive and acknowledge your fax or email.  Cancelation penalties are steep and in some cases and/or with some properties there is no refund.  Normally the fee for a cancellation made up to 91 days prior to the arrival date at a villa is equal to one nights' rent per week rented.  At condos it is normally $350 per week rented. Normally refunds for cancellations between 61-90 days of arrival are subject to a 50% surcharge of the rental.  Normally cancellations less than 60 days of arrival are subject to a 100% surcharge of the rental.  Bookings for Christmas and New Years are subject to 100% surcharge regardless of time of cancellation.  100% of security/damage deposit will be refunded upon any cancellation.   

** For peace of mind, we STRONGLY RECOMMEND you purchase trip insurance when booking.  There are many companies on the internet offering a wide variety of coverage.  Here is a link to a web site where you can shop for insurance coverage for cancellation, medical, emergency evacuation, lost luggage etc.   http://insuremytrip.com/p/myquote?pid=5389  or here is a company that will cover you for up to 75% if you cancel for any reason.  www.travelinsured.com

Property Availability: PLEASE READ CAREFULLY -  In the event that a property is rendered unavailable due to hurricane, flood, fire, unexpected major repairs, sale of the property, etc.  Brisa Caribe and Owner shall be held harmless by Leaseholder.  The owner will offer to re-schedule at the same property for arrival within 12 months.  Any difference in the rate between the original booking and the re-scheduled time will be the responsibility of the Leaseholder.   If the property is not available for re-schedule then all monies received will be refunded.  We STRONGLY RECOMMEND that you purchase trip insurance with a clause that will provide a full refund for this type of cancellation.

Evacuation Policy: PLEASE READ CAREFULLY – If the Leaseholder is requested to evacuate the property by the property manager, they must do so.  Leaseholder is responsible for their own transportation and alternative accommodation in the case of a mandatory evacuation.  No refund or price adjustment will be issued for hurricane evacuations, floods, threats of terrorism or any other reason that might cause a guest to evacuate a property.  We STRONGLY RECOMMEND that you purchase trip insurance with a clause that will cover you for any disruption due to an evacuation.

Construction Disturbance: PLEASE READ CAREFULLY – All of our properties are located in a highly desirable, rapidly developing, resort area where there is a possibility of construction disturbance.  There is no requirement for developers to notify the public prior to a project starting.  So while there may be no construction near a property at the time you make a booking, there is no guarantee that there will not be construction when you arrive.  It is not Brisa Caribe or the Owners responsibility to advise Leaseholder of construction.  We cannot move guests, re-schedule, or make price adjustments due to construction.  No refund or rate adjustment shall be made for any disturbance such as construction at nearby properties or noisy parties at other villas, condos or hotels. 

Questions, Complaints, Maintenance & Rate Adjustments: PLEASE READ CAREFULLY - We check the properties on a random basis to ensure that items listed on our web site are in place and the descriptions are as accurate as reasonably possible.  However, you should be aware that the properties are privately owned, so décor, colors, inventories and even amenities may change at the owners discretion.  The owner or their administrator will be available to handle questions, complaints and supervise property maintenance.  In case of a maintenance problem, the property owner or administrator will strive to have the problem repaired as soon as reasonably possible after being notified.  However, NO REFUND, or RATE ADJUSTMENT shall be made for missing amenities, unforeseen failures such as the supply of electricity, water, pool filtration systems, air conditioning, telephone, television or satellite service, appliances, etc.  Your agreement is for a specific property that is privately owned.  We cannot move you to another property if you have a problem or complaint with the property you have rented.  No shows, late arrivals, reductions in the number of guests, and early departures are all non-refundable. 

Personal Property/Valuables:  The area is not without petty theft.  Use the security safes provided.  Follow all instructions given in the guest book or provided by the Administrator.  Lock all doors when you are not in the unit.  Do not leave money or valuables unattended.  Neither Brisa Caribe nor Owner will be held liable for any thefts.  Thoroughly check all drawers and closets before departing.  Brisa Caribe only returns left behind items upon request at the Guest’s expense which includes a $100.00 USD handling fee.

Registered Guests: In most cases only registered guests are allowed at all VILLAS.  Permission of the property owner must be obtained for any non-registered access to the property.  This should be done BEFORE renting the property.  Exceeding the maximum occupancy or having non-registered guests on the property could forfeit the security deposit and may result in you being asked to vacate immediately.  Casual visitors are usually allowed inside CONDOS between 9:00 AM and 11:00 PM.  (but not necessarily on the condo common areas such as pools)  Guests must adhere to all condo complex rules which will be listed at the condo.  Please check with the individual property for details.

Quiet Enjoyment & Parties: The property owners wish to maintain a family atmosphere for the quiet enjoyment of their property by their guests.  We rent to family groups and responsible adults only.  Absolutely NO parties or functions are allowed without ADVANCE WRITTEN permission from the owners.  Guests shall be sufficiently quiet and peaceful, so as not to disturb other residents in the neighbourhood. 

Weddings & Special Events: For all special functions ADVANCE WRITTEN permission is required.  Please provide details as to 1) The type of function(s) you are wishing to have and when.  2) Any non-registered guests and catering staff who you would like to attend.  3) Any other activities likely to occur during the week that will involve non-registered guests or catering staff requiring permission to enter the property.  This information will help the owners assess whether they will approve the rental and function(s) being held at their property and if so, the appropriate extra charges if any.

Check in - Check out Time: Check in is after 3:00 P.M. and check out is before 10:00 A.M.  Early check-ins and late check-outs can not be accommodated when there is a change over of guests occurring on the same day. 

Smoking: There is no smoking allowed inside the properties.

Access and use of private items: The property owners, or their staff, may enter to perform any repairs or maintenance as necessary.  If the property is put on the market for sale, the owner reserves the right to allow the property to be shown, but only by advance appointment made with guests.  Every effort will be made to schedule such brief showings at a time convenient to you, to respect your privacy, and not interrupt your vacation.  Locked closets, storage rooms, cupboards, pantries, laundries, and garages are reserved for the owner and not part of this rental.  Rearranging the furniture, using couches and pillows as beds, or removing any item from the property other than beach towels, snorkelling/dive equipment, bicycles and golf equipment is prohibited. 

Children:  Parents should be aware that all properties are not without inherent risks.  While this is in no way considered to be the comprehensive list of dangers, you should consider that the swimming pool is not fenced off and if there is a shallow end for kids it may not have a physical barrier from the deeper end.  Railings on balconies can look like a climbing gym to kids.  Tiles can be very slippery when wet.  There are no lock offs for cupboards, drawers or electrical outlets.  Storage/maintenance rooms with poisonous chemicals may not always be locked off.  There are no child gates to block stairways.  Corners are not rounded.  There may be pieces of art, various decorations, books, games etc. throughout the unit that could be within reach of little hands, which you will be responsible for.  Now having said all of that.  We have had many children of all ages at all of the properties and never had a serious problem.  Parents just need to know that children must be supervised closely.

Responsibility:  The leaseholder named in this agreement will be responsible for the property and its contents during occupancy.  Guests must lock windows and doors securely when not on the premises, and must observe all cautions, as given in the ‘Guest Book’ or from the Administrator/Manager.  The leaseholder will be responsible for themselves and all guests on the property. The leaseholder acknowledges that Brisa Caribe, its owners, employees, and agents do not carry personal liability insurance and can not be held responsible regardless of fault, for any accident, loss, damage or injury suffered by the leaseholder, members of their party or any other guests which the leaseholder or their party have allowed access to the property, regardless if said loss is a result directly or indirectly from acts of god, danger incident to the sea, any body of water, fire, breakdown of machinery, equipment, acts of government or other authorities, de jure or de facto, wars (whether declared or not), hostilities, civil disturbances, strikes, riots, thefts, pilferage, epidemics, quarantines, custom regulations, delays or cancellations of or changes in itineraries or schedule or from acts of omission of any airline.  Furthermore, the leaseholder will release and hold harmless any and all parties involved with the rental, management and reservations of the property and to release and hold harmless it's owners or representatives for any loss or damage to personal property or for any injury and/or death.

Accidental Damage Waiver or Damage/Security Deposit:  Most owners offer an Accidental Damage Waiver.  Some owners instead will have us collect a refundable Damage/Security Deposit.  Both are explained below.  In all cases the Leaseholder agrees to maintain the property in the same condition as at commencement of the rental period.   The Leaseholder agrees to take all reasonable steps to ensure that their family and other guests in their party adhere to the rules and regulations affecting the property.

The Accidental Damage Waiver is like an insurance policy which normally costs $40 to $45 (price may vary) and is valid for the rental period.  It provides the leaseholder with normally $1000 to $1500 (amount may vary) of protection in the case of accidental damage to the owners’ property or the complex. There is no deductible on this waiver. The waiver does not release the leaseholder from responsibility to pay damage in excess of the amount covered or from claims of missing items from the owners’ property.

With the refundable Damage/Security Deposit  we collect and hold on behalf of the owner, a deposit that is normally between $250 to $1000 (amount may vary).    After checkout the property will be cleaned and a thorough inventory taken before the next guests check in.  Provided there is no more than reasonable clean up and nothing damaged or missing, then a check for the returned security deposit will be mailed to you normally 5 business days after departure.  (some owners require us to hold it longer to ensure there are no telephone or club charges)  Please note: Deductions will be made for ALL damages or loss.  This includes but is not limited to any broken items, stained or torn linens, bedding etc.  In the case of a dispute with an owner over damages or loss, the amount of money in question will be forwarded to the owner or their appointed representative, with your contact information so that you and the owner can sort out the dispute directly.  Any non disputed security/damage deposit will be returned to you.  It is understood that damages or lost items will be deducted at replacement cost, which may include but is not limited to labour expense, shipping and importation costs.   

Penalty for Violation of this Agreement: If Leaseholder violates any of the conditions or restrictions of this Agreement, the Leaseholder agrees that the Agent and/or Manager of the property may terminate this Agreement and enter the property.  Upon notice of termination of the Agreement, the Leaseholder and all invitees shall vacate the property immediately without being entitled to any refund of rent or security deposit.


INSTRUCTIONS

1) To make a reservation. Contact us by email  info@brisacaribe.com or telephone to confirm dates and rates. Telephone number in Mexico is +52 984 873-5459  or USA 303 325-5800
2) You will be sent a Rental & Security Deposit Agreement for the property you are renting.
3) You will need to mail the rental agreement form with your rental deposit to our Colorado office within 7 days to confirm your reservation. Payable by check, bank draft, money order or bank transfer.  Sorry we are not set up to accept credit cards.
4) A temporary confirmation will be sent to you by email upon receipt of the deposit and signed rental agreement.
5) You will be required to send the balance of Rental payment and refundable Security/Damage deposit when due.
6) A confirmation for the final payments will be sent to you by email along with a pre-arrival package. This will contain emergency contact information, detail directions to the property, travel tips and other useful information. You may contact us at info@brisacaribe.com  any time if you would like this information sooner.   

 

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