A waiver of any breach or default under this Agreement will not constitute a waiver of any other or subsequent breach or default. The failure of either party to enforce any term of this Agreement will not constitute a waiver of such party's rights to subsequently enforce the term. This Agreement is intended solely for the benefit of the parties hereto, and does not confer upon any third party the status of a third-party beneficiary. If Luxury Beach's performance of any of its obligations hereunder is prevented by labor dispute, war, governmental action, flood, fire, explosion or other act of nature or any other matter not within such party's reasonable control, then Luxury Beach may terminate this Agreement by written notice. Any notice or other communication under this Agreement given by any party to the other party will be in writing (which, for purposes of this Agreement, shall include email) and, to be effective, must be delivered by registered letter, receipted commercial courier, electronically receipted facsimile transmission (acknowledged in like manner by the intended recipient) at its address specified on the signature page to this Agreement, or by email addressed to the intended recipient's email address sent with return receipt requested and such return receipt acknowledged. Notices shall be deemed received upon receipt of written confirmation of transmission when sent by facsimile, return receipt when sent by email, or signing for receipt of delivery if sent by overnight courier.
Either party may from time to time change the addresses or individuals specified in this Section by giving the other party notice of such change in accordance with this Section. The headings, subheadings, and other captions in this Agreement are for convenience and reference only and shall not be used in interpreting, construing or enforcing any of the terms of this Agreement. Each party acknowledges that it has had the opportunity to review this Agreement with legal counsel of its choice, and there shall be no presumption that ambiguities shall be construed or interpreted against the drafter, and no presumptions made or inferences drawn because of the inclusion of a term not contained in a prior draft or the deletion of a term contained in a prior draft. Your acceptance of these Terms and Conditions, and your use of this site do not create a joint venture, partnership, employment, or agency relationship with us. You may not assign, delegate, or transfer your rights or obligations under these Terms and Conditions.
This contract represents the entire agreement between the parties and replaces all prior understandings (oral or written) covering the subject matter and can be changed only in writing signed by both parties. No firm booking can be made until both the signed Booking Contract and the deposit or full payment have been received by Luxury Beach.
The Client shall pay a non refundable deposit of 50% of the Total Rental Amount within 72 hours of signing this Booking Contract. The remaining balance is due 60 days before the rental period. If booking within 60 days of the rental date, the entire contract price shall be paid within 72 hours of signing this Booking Contract. If any payment is not made within the times set forth herein, Luxury Beach may treat the contract as cancelled, and the usual refund terms shall apply (see below). The Total Rental Amount may be adjusted to reflect changes in exchange rates for bookings arranged more than six months in advance.
Villas and apartments are not commercial entities like hotels. Properties offered by Luxury Beach must be booked far in advance and are not easily re-rented. We strongly recommend clients take out Travel Insurance to protect against a medical emergency or certain other unforeseen circumstances which preclude the client from travelling. All cancellations must be in writing and become effective on the date of receipt by Luxury Beach. Cancellation charges will be levied as follows: (i) on receipt of the cancellation letter 60 days or more before the rental period the charge will be US$250, (ii) on receipt of the cancellation letter less than 60 days before the rental period the charge will be the full amount of the rental. If Luxury Beach is able to re-let the property for the same period, the cancellation charge will be US$250.
A cash deposit is required for all properties as security against property loss or damage and unpaid telephone and/or utility or other charges. Individual owners may require additional security deposits. The Client is responsible for ensuring the property is left in a reasonable condition of cleanliness and in the same condition of repair as upon arrival. Any excessive cleaning, loss or damage to the property, or debts or charges incurred will be itemized and charged to the Client.
Clients are required to act in a responsible manner at all times, and to act with respect towards other guests, neighbors, the owner and their staff. Luxury Beach reserves the absolute right to require any individual to vacate a property for disruptive behavior, in which case there would be no refund of any rental payment.
The total number of guests staying at the property may not exceed the number of sleeping places specified in the promotional material nor the number entered on the face of this contract. The owner reserves the right to refuse entry or evict the entire party if the number of persons occupying a property exceeds the number stipulated in this contract.
The rental property and any facilities or services expressly included in the written information provided by Luxury Beach are included in the contract price. Normal use of gas, electricity and water are also included unless otherwise stated in the price list. Some local expenses may be excluded from the rental cost specified in this contract, such as telephone, cleaning services, linens, heating, utilities and personal services such as maids or cooks. Luxury Beach will list known locally paid expenses on the Confirmation Invoice.
After full payment of the contract price, and approximately 14 days prior to the travel departure date specified on page one of this Contract, Luxury Beach will supply the Client with an arrival voucher and additional information required to occupy the property.
Unless otherwise agreed, Clients should arrive between 2 PM and 7 PM on the day of arrival and vacate the property by 10 AM on the day of departure.
Luxury Beach has taken care to ensure the accuracy of all information and descriptions contained in its brochures and promotional material at the time prepared, however, nothing in those materials shall be treated as a term or condition of this contract. Luxury Beach shall not be liable with regard to any difference of opinion as to the condition or quality of the properties, or the surrounding area, nor for temporary defects or stoppages of any utilities. Properties may not always appear exactly as pictured or described due to normal wear and tear, changes in furnishings and changes after materials were prepared.
Should any problem occur with the property, the Client must immediately (within 24 hours) notify the property owner or manager. The Client should also inform Luxury Beach of the problem within 48 hours if the problem has not been remedied. The Client should allow the owner or manager reasonable time to remedy the problem, or to find a suitable replacement property. Vacating the property without Luxury Beach authorization does not constitute an adequate cause for a refund. The Client is responsible for informing Luxury Beach of any complaint and allowing it a reasonable opportunity to remedy the problem during the rental period; failure to do so will void any claim following the rental period. The client books a property in Mexico with the understanding that there are cultural, architectural, economical and natural differences from the United States.
Luxury Beach reserves the right to modify or cancel this contract at any time in any case where it is necessary to do so as a result of a force majeure, or any other occurrence outside the control of Luxury Beach. In the event of any change or cancellation by the property owner, Luxury Beach shall inform the client promptly and shall endeavor to offer the Client substituted properties. The Client will have a choice of accepting the substitute property and paying or receiving the difference in rate for the new property, or Luxury Beach will refund all monies paid. In the event of changes or complete cancellation Luxury Beach's liability will be limited to the refund of all monies paid. In no event will Luxury Beach be responsible for any consequential or incidental damages, including travel expense, alternative lodging, or other expense.
Client acknowledges that Luxury Beach does not own any rental accommodations and undertakes only to act as agent for the owner of the property. As such, Luxury Beach shall not be responsible or liable for any accident, loss, damage, injury, death or inconvenience arising from the rental, except insofar as that occurrence is caused by the direct negligence of Luxury Beach or that of its employees. All claims of accident, loss, damage, injury or inconvenience are acknowledged to be solely between the Client and owner. Luxury Beach does not accept liability for any loss or damage caused by weather conditions, riot, strikes, sickness or any cause beyond its control.
In no event shall Luxury Beach, its affiliates, and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of this web site or with the delay or inability to use this web site, or for any information, software, products, and services obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability, or otherwise, even if Luxury Beach, its affiliates, and/or their respective suppliers have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Minors (as defined under the laws of their jurisdiction or residence) are not eligible to book the services available through Luxury Beach.
We may modify, revise or update these Terms and Conditions, at any time, by updating this posting. You should visit this page from time to time to review the then-current Terms, because they are binding on you. Your continued use of our site, following the posting of conspicuous notice of any modification, will be subject to the Terms and Conditions in effect at the time of your use. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages of this site.
This Agreement, and all matters or issues collateral hereto, shall be governed by and construed and interpreted in accordance with the internal laws of the State of Jalisco, without regard to any principles of choice or conflicts of law. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. The parties agree that any action or proceeding brought to enforce or otherwise arising out of or relating to this Agreement shall be commenced and maintained exclusively in the courts located in Puerto Vallarta, Mexico, having subject matter jurisdiction with respect to the dispute between the parties. Both parties hereby irrevocably submit to the jurisdiction of such courts over each of them in connection with such litigation, and irrevocably waive to the fullest extent permitted by law any objection to venue in such courts and any claim that such forum is an inconvenient forum. The parties agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. In any dispute concerning or arising under this Agreement or any transaction relating hereto, the prevailing party shall be entitled to reasonable attorneys' fees and costs, including, without limitation, costs and fees incurred on appeal or in a bankruptcy or similar action.
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