BAJA COASTAL PROPERTIES RENTAL AGREEMENT

06/13/2002

 

THIS AGREEMENT IS DRAWN IN THE CITY OF ROSARITO BEACH, BAJA CALIFORNIA NORTE, MEXICO

 

THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL. KEES VACATIONS WILL CONDUCT ALL ITS ACTIVITIES IN REGARD TO THIS AGREEMENT WITHOUT RESPECT TO THE RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, NATIONAL ORIGIN, AND HANDICAP OR FAMILIAL STATUS OF THE GUEST OR ANY OTHER PARTY TO THIS AGREEMENT.

 

BAJA COASTAL PROPERTIES (BCP) is the Agent for a VACATION HOME known as Property Name of Property Community and whose address is property Address (the Premises and/or property), which is available for weekly or seasonal rental. The owner of the Premises (the Owner) has given the Agent the authority to enter into this Agreement ("Lease" or "Agreement"). This Agreement sets forth the terms under which You will lease the Premises through the Agent.

 

The terms "Agent" and "Owner" as used in the Agreement shall include their heirs, successors in interest, assigns, employees, agents, and representatives where the context requires or permits. The terms "Tenants", "You" and "Your" as used in this Agreement shall include Tenants heirs, successors, assigns, invitees, representatives and other persons on the Premises during Your occupancy (without regard to whether such persons have authority under this Agreement to be upon the Premises), where the context requires or permits.

 

Agent, on behalf of the Owner, hereby leases Property Name to you for the period of time specified in the Property Information Addendum to this Agreement, and You agree to pay the amount of rent, taxes and other fees set forth in the attached Property Information Addendum to this Agreement, and to abide by all of the terms of this Agreement including those concerning check-in and check-out (see paragraph 5).

 

Agent accepts payment by credit card. We accept only US funds drawn on a US bank and only MasterCard, Visa, American Express and the Discover Card if using a credit card. See paragraph 6 regarding payment due dates for reservations made outside of 30 days prior to arrival. For reservations made less than 30 days before arrival, full payment is due on the Contract Date. Please contact Agent via e-mail at RESERVATIONA@BAJACOASTALPROPERTIES.COM or call 858-755-5772 if You need to discuss Your payment(s) or this Agreement. Taxes and fees are subject to change without notice.

 

1. Agent, as agent of the Owner, hereby rents to You and You hereby rent from Agent, the Premises in accordance with the terms and conditions contained in this Agreement, including, but not limited to, the time period during which You are entitled to use the Premises, check-in and check-out times, and payment of the rental amount and other fees. In the event that any term of this Agreement varies from any term set forth in the Agents printed materials, web site, or third-party web site (including, but not limited to, the rental amount), the term specified in this Agreement shall govern absent written confirmation of a change. The information set forth above is incorporated into this Agreement by reference.

 

 

2. USE AND TENANT DUTIES

 

The use of the Premises is restricted to use by You and Your family, unless both parties agree in writing to occupancy by a non-family group or for an event. Agent considers You hosting an event without Agents prior consent or knowledge a material breach of this Agreement. You should contact Agent directly and/or see Item 23 for more information concerning events. The term "family" as used herein means parents, grandparents, children and extended family members vacationing at the Premises. Use of the Premises by Fraternities, Sororities or Unrelated Groups Under 24 Years of Age Is Strictly Prohibited and You agree that, in the event Owner or Agent discovers same, that ANY AND ALL FUNDS COLLECTED AS RENT will be considered LIQUIDATED DAMAGES to cover losses, expenses and damages of the Owner and Agent for You taking the Premises off the market. A valid ID may be required prior to and/or at Check in and must be submitted to Agent upon request. Occupancy shall not exceed the maximum number allowable by law. Please contact Agent directly for further information. You agree to comply with all obligations imposed on You by all the terms and conditions of this Agreement with respect to maintenance of the Premises, including but not limited to, the following: (a) keep the Premises as clean and safe as the conditions of the Premises permit, and cause no unsafe or unsanitary conditions in the common areas and remainder of the Premises that You use; (b) dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner; (c) keep all plumbing fixtures in the Premises or used by the You as clean as their condition permits; (d) not deliberately or negligently destroy, deface, damage, or remove any part of the Premises or render inoperable the smoke detector, carbon monoxide detector or pool alarm, if applicable, provided by the Owner, or knowingly permit any person to do so; (e) comply with all obligations imposed upon the Tenant by current applicable building and housing codes; (f) be responsible for all damage, defacement, or removal of any property inside the Premises that is in Your control unless the damage, defacement, or removal was due to ordinary wear and tear, acts of the Owner or Owners Agent, defective products supplied or repairs authorized by the Owner, acts of third parties not invitees of You, or natural forces; (g) notify Agent in writing of the need of replacement of and/or repairs to a smoke detector, carbon monoxide detector is applicable, and replacing the batteries as needed during Your tenancy; (h) smoking, including e-cigarettes, is not permitted, and may result in a minimum fee of $500.00; (i) FIREWORKS OF ANY NATURE WHATSOEVER ARE STRICTLY PROHIBITED. You agree not to use the Premises for any activity or purpose that violates any law or governmental regulation or creates a nuisance, and You may use the Premises for residential purposes only. You agree to comply with community rules: https://bajacoastalproperties.com/rules/rules/ . The Agent reserves the right to refuse admittance, evict, refuse or discontinue occupancy if, in Agents sole opinion, the provisions of this Agreement are being violated. You are aware that such action may result in forfeiture by You of rent or deposits which have been paid.

 

3. DUTIES

 

Owner agrees to provide the Premises to You in a fit and habitable condition. If, at the time of occupancy, Owner cannot provide the Premises in a fit and habitable condition or reasonably cure same or substitute a reasonably comparable Premises in such condition, then Agent shall refund to You all payments made by You. In the case of a cure wherein the Premises sustains a failure of a system or amenity, (prior to Your tenancy, at the time of or during Your tenancy) including, but not limited to, water, sewer, septic, heating, electrical, mechanical, ventilating, propane, structural systems, pool, hot tub, entertainment equipment, Internet or Internet access or other facilities or major appliances, Agent shall promptly repair in a commercially reasonable manner and time such system or amenity. Written notification from You that repairs are needed must be submitted to Agent at the time of or during your tenancy. You agree to permit Agent or its service staff to have reasonable access to the Premises to inspect and make such repair in a commercially reasonable manner and time during Your tenancy. Neither Owner nor Agent shall be liable to You for damages and no refunds will be given for such temporary failure and/or You refuse repairs during your tenancy, provided the Agent or Owner is causing the system or amenity to be repaired in a commercially reasonable manner.

 

4. CHECK-IN/CHECK-OUT

 

You agree that check-in time begins no earlier than 3:00PM and check-out time is no later than 11:00AM. Agent will use commercially reasonable efforts to have the Premises ready for Your occupancy at check-in time, but Agent cannot guarantee the exact time of occupancy. In the event You enter or return to the Premises without the consent of the Agent prior to check in and/or after check-out time, a fee equal to the rental rate for one (1) day will be assessed to You.

 

5. PAYMENT

 

Unless otherwise written, Your Initial Payment of 50% of the TOTAL NIGHLTY RENTAL RATE, SECURITY DEPOSIT, CLEANING DEPOSIT, and a 3% fee (FOR CREDIT CARD) is due and payable to Agent in full PRIOR TO SECURING RENTAL.

 

A 2nd payment of 50% is due (30) days after Contract Date. If such payment is not made in an expeditious timeframe, AGENT may cancel reservation.

 

 

6. SECURITY/DAMAGE DEPOSIT

 

You agree to be responsible for any damage to the Vacation Home or its contents, normal wear and tear excepted. A security deposit will be held and disbursed IN THE EVENT OF DAMAGE TO THE PROPERTY. After Your occupancy, the Vacation Home will be inspected to determine if any loss or damage (including additional cleaning) has been suffered. In such event, a deduction will be assessed to cover such repair/replacement. You will be notified within 14 days of checkout.

 

Providing no damages have occurred for which You are responsible, the security deposit will be refunded to You within fifteen (15) days of check-out.

 

 

7. CANCELLATION POLICY

 

In the event that You advise Agent, in writing, that You no longer want to perform Your obligations under this Agreement, Owner or Agent, in their sole and absolute discretion, will attempt to re-market the Premises.

 

If this occurs within, or including thirty (30) days PRIOR TO CHECK-IN DATE, DEPOSIT WILL BE RETURNED.

 

IF THE CANCELLATION OCCURS LESS THEN (<30) 30 DAYS prior to CHECK-IN, DEPOSIT AMOUNT OF 50% WILL BE FORFEIT.

 

8. FEES FOR ARRANGING SERVICE

 

Agent or Owner, as applicable, will retain for its benefit any commissions, rebates, volume discounts, referral fees and related charges on third-party products, supplies or services arranged for You. Agent or Owner, as applicable, may pay commissions or referral fees to third parties. Fees for heated pools will not be prorated if the amenity is requested after check-in. A nominal cleaning charge will be added to your reservation which Agent identifies as a "Admin Fee." In the event of a cancellation, the Admin Fee will not be refunded.

 

9. ACTS OF GOD/CONSTRUCTION NOISE -

 

Neither Owner nor Agent shall be liable for events beyond their control which may interfere with Your scheduled occupancy, including but not limited to Acts of God, acts of governmental agencies (e.g. beach nourishment, condemnation, etc.), fire, strikes, terrorism, war, inclement weather, including flooding, and construction noise from nearby sites, loss of water or electricity. NO REBATE OR REFUND will be offered in these circumstances.

 

10. SYSTEM FAILURES

 

In the event the Vacation Home sustains a failure of a system, including but not limited to water, sewer, septic, electrical, mechanical, propane, heat pumps, ventilating, and structural systems, neither the Owner nor the Agent shall be liable to You in damages and no refunds will be given for such failures. However, the Agent will make an effort to promptly repair or replace the failed system or equipment. In such event, You agree to permit Agent or its service staff to have reasonable access to property to inspect and make such repair.

 

11. DOUBLE BOOKINGS

 

Double bookings are rare. In the event that Your reservation for the Vacation Home overlaps or matches the reservation of another tenant, the Agent reserves the right to relocate You to a different property within the Agents rental program or that of another company. Every effort will be made to ensure that the replacement property is comparable to the original rental property. The Agent shall have the sole right to select such replacement property and agrees to pay any additional charges that would be due in excess of the rate for the original booking. You will have the option to accept the replacement property (together with any refund of amounts paid in excess of the replacement rental property cost) or to accept a refund of all rents and fees paid for the original booking. You agree that Your choice between these alternatives will be Your sole remedy for any and all damages, liability or inconvenience arising out of the double booking.

 

12. CONSTRUCTION

 

In the event that the Premises is under construction, whether new construction, remodel or repair, at the time of Your scheduled occupancy, Agent reserves the right to relocate You to a Premises within the Agents rental program or that of another program. Commercially reasonable efforts will be made to ensure that the replacement Premises is reasonably comparable. Agent shall have the sole right to select such replacement Premises. In that event, You will have the option to: (1) accept the replacement Premises and pay any additional monies that are owed, as the case may be or (2) reject the replacement Premises and receive a refund of all payments paid for the Premises. You hereby agree that Your choice between these alternatives will be Your sole remedy for any and all damages, liability or inconvenience arising out of the construction as defined herein.

 

13. CANCELLATION/BREACH

 

You are entering into this Agreement in accordance with California Law and You understand that NO REFUNDS will be issued in the event You breach or attempt to cancel this Agreement.

 

14. TRANSFER OF PREMISES

 

(a) In the event that the ownership of the Premises is voluntarily transferred prior to Your occupancy, You have the right to enforce this Agreement against the new owner of the Premises if Your occupancy under this Agreement is to end 180 days or less after the transfer of ownership is recorded. If Your occupancy is to end more than 180 days after such recordation, You have no right to enforce the terms of this Agreement unless the new owner agrees in writing to honor this Agreement. If the new owner does not honor this Agreement, You are entitled to a refund of all advance rent paid (and other fees owed to third parties not already lawfully disbursed). If your rights are otherwise affected under the Act, Agent agrees to notify you accordingly and conduct itself in accordance with the terms and conditions as set forth in the Act.

 

 

15. EXPEDITED EVICTION

 

A material breach of this Agreement by You, which, in the sole determination of the Owner or Agent, results or could result in damage to the Premises, personal injury to You or others, a breach of the peace, a nuisance to others, or a violation of law or local code, shall be grounds for termination of Your tenancy. If the tenancy created hereunder is for 30 days or less, expedited eviction procedures will apply. You may be evicted under such procedures if You: (i) hold over in possession after Your tenancy has expired; (ii) commit a material breach of any provision of this Agreement that according to its terms would result in the termination of Your tenancy; (iii) fail to pay rent as required by this Agreement, or (iv) have obtained possession of the Premises by fraud or misrepresentation.

 

16. INDEMNIFICATION AND HOLD HARMLESS

 

You agree to indemnify and save harmless the Owner and Agent for any liabilities, theft, damage, cost or expense whatsoever (including but not limited to attorneys' fees) arising from or related to any claim or litigation which may arise out of or in connection with Your use and occupancy of the Premises including but not limited to any claim or liability for personal injury, damage or theft of property or theft of property or infringement of intellectual property rights (e.g., illegally downloading video, audio or text files via any internet service located at the Premises) which is caused, made, incurred or sustained by You as a result of any cause, unless caused by the grossly negligent or willful act of Agent or the Owner, or the failure of Agent or the Owner to comply with Mexican or California law. Neither Agent or Owner are providing any other warranty of any kind, except as otherwise expressly provided herein, whether written or oral, statutory or contractual, express or implied, including, without limitation, THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PURPOSE OR USE, which are hereby expressly excluded.

 

 

17. GRILLS, DEEP FRYERS, AND OPEN FIRES

 

Use of indoor or outdoor deep fryers is strictly prohibited. Bonfires or open fires are not permitted.

 

18. RIGHT OF ENTRY

 

You agree that Agent or Owner may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations or improvements thereto as Agent or Owner may deem appropriate, or to show Premises to prospective purchasers or tenants.

 

19. ASSIGNMENT

 

You shall not assign this Agreement or sublet the Premises in whole or part without written permission of Agent.

 

20. PETS

 

Unless otherwise specifically permitted within Property Specific Provisions section below, no pets shall be allowed on and/or in the Premises. Your breach of this provision shall be considered material, and shall result in the termination of Your tenancy. You agree to be immediately responsible for any damages including additional cleaning expenses caused by Your pet(s).

 

21. DISPUTES

 

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Baja California Norte, and shall be treated as though it were executed in the County of Rosarito. Any action relating to this Agreement shall be instituted and prosecuted only in the City of Rosarito. You specifically consent to such jurisdiction and to extraterritorial service of process. You shall be responsible for all legal fees and court costs incurred by Agent and Owner in the enforcement of their rights or Your obligations under this Agreement.

 

22. MISCELLANEOUS

 

You agree and have verified that for purposes of this Vacation Rental Agreement that Your BOOKING ID shall serve as Your electronic signature and to be bound by same and in the same manner as if You had otherwise ordinarily executed the document. This Agreement, together with the attachments referenced herein and attached hereto, constitutes the entire agreement between the parties relating to the subject matter hereof, and supersedes all prior written oral negotiations, representations, or agreements. No modification of this Agreement shall be binding on either party unless it is in writing signed by both parties. Each section, subsection or paragraph of this Agreement shall be deemed severable and if for any reason any portion of this Agreement is unenforceable, invalid or contrary to any existing or future law, such unenforceability or invalidity shall not affect the applicability or validity of any other portion of this Agreement. For all purposes hereunder, facsimile or electronic signatures shall be deemed to be originals and such signatures shall be given the same effect as would an original signature. THE PARTIES ACKNOWLEDGE THAT THEY HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, INCLUDING AGENT'S CANCELLATION POLICY IN PARAGRAPH 18.