Reservation and Cancellation Policy
Terms and conditions
Punta el Custodio Villa Rentals
Last updated: October 7, 2018
This reservation policy is applicable for all bookings.
By requesting an online quotation, or by completing an online reservation/booking, or by placing your booking over the telephone, or by signing and posting/faxing a booking form, you accept these Terms and Conditions as a binding contract between Punta el Custodio Villa Rentals (abbreviated PECVR) on behalf of yourself and any other members of your party. PECVR cannot accept your booking without a signed booking form, or a completed online reservation, or an email request to reserve your villa or your verbal confirmation to proceed given over the telephone. A written/emailed confirmation sent to you by PECVR means PECVR has accepted your booking.
EMAIL ADDRESS AND TELEPHONE
It is vital that we have a valid email address. If you change this you should inform us immediately. We correspond by email. Once your booking has been made and we have received your deposit, all further correspondence is by email. We will also email you all of the information that you’ll require to get to the villa.
PAYMENT, RESERVATION AND DEPOSIT
After your booking request and confirmation that your requested dates for villa rental are available, we ask for a 50% deposit of the rental price. Once this deposit has been paid it secures your dates. We cannot guarantee any reservation until your deposit has been received. The remaining balance of the rental price, plus a $400 USD fully refundable security/damages deposit is due two calendar months before the rental start date. Bookings made less than two calendar months before the rental starts must be paid in full upon booking. You will be emailed a reminder for the balance and the date it is due to ensure payment is made in time. Payments are made by sending a cheque to the owner (not for Casa Sonrisa), at no extra cost, by depositing through Paypal to the owner (we require an extra payment fee of 4% when paid through Paypal), or through the listing on VRBO.com (not for Casa Colibri and Casa Don Juan, VRBO charges between 4 and 10% extra on fees and commissions). Failure to make your payment on time could result in you losing your booking.
The security deposit of $400 USD for any villa, has to be paid 2 months before arrival and we require you (the client) to inform us of any serious damage or breakages caused during your stay, and a list of all breakages, stains, or damages in writing upon leaving. Where time permits we like to do a quick initial check of the property when you depart. We understand that sometimes this is not possible due to various time constraints; such as leaving for your flight time or our representative not being available. A full and detailed check will take place after your departure and before the next guest’s arrival. You will be advised of any faults or damages found after this detailed check (pictures will be taken if possible) and we will advise you as soon as possible about the cost of repair or replacement. Suitable time must be allowed for us to do this.
Anything damaged, spoilt or broken will be charged at the replacement cost. Any items having to be purchased will be replaced with ‘like for like’, of the same quality and standard. No ‘markup’ will ever be added.
The security deposit will be refunded after the property is fully cleaned and checked as detailed above, but within 7 days after departure. In the event the property internally/externally or its belongings, fixtures or fittings are damaged/broken in any way then charges will be deducted from the security deposit and any refund that may be due to the client will be undertaken after repair or replacement being made for the appropriate items. Should the security deposit not cover all the damage, repair or replacement caused, then we will request extra funds to make up the difference. You agree to cover such additional damage or replacement costs within 7 days of the notification of the extra costs.
This cancellation policy is applicable for all bookings.
CANCELLATION AND REFUNDS
For dates that do not fall in the 2 weeks with Christmas/New Years rates, the following cancellation policy applies: if you cancel your booking more than 60 days before your arrival date then we will refund the sums you have paid, less a $100 USD cancellation fee. If your notice of cancellation is received less than 30 days prior to your check-in date, you will forfeit all sums paid, except the damage deposit, unless we are able to re-rent the property to another guest at the same rate and during the same time period. If the property is rented we will only charge the $100 USD cancellation fee.
For dates that fall in the 2 Christmas/New Year weeks the following cancellation policy applies: If you cancel your reservation more than 120 days before arrival, 100% of your deposit will be refunded. If you cancel between 60 and 120 days before arrival, 50% of your deposit will be refunded. If canceled less than 60 days before arrival, you will be liable for 100% of the rental costs. Payment fees won’t be refunded.
No exceptions to this policy can be made for any reason, therefore holiday insurance with a cancellation policy to cover any such rare occurrence is strongly recommended.
CHANGES TO BOOKING AND PROPERTY AVAILABILITY
PECVR reserves the right to amend the booking dates. This may be due to several reasons, not limited to but including, war, adverse weather conditions, riots and or matters concerning participants safety, operational circumstances such as damage caused by fire, or the villa becoming unusable due to utility company work or lack of services, leaks, repair work or any other such reason. In these circumstances, the booking may need to be adjusted accordingly. PECVR is not liable for any additional costs or losses that may be incurred by the client due to the change of booking. This includes, but is not limited to, any extra hotel reservations or car rentals, or the cost of non-refundable airline tickets. Situations may arise which, in our opinion, make it necessary for us to alter the normal booking schedule. If you cannot accept the dates of any new booking that PECVR proposes then PECVR will refund monies you have paid for to us in full. We advise that your travel insurance covers holiday curtailment.
In the event, before your arrival or during your period of rental, your villa choice becomes unavailable or unusable for any reason we reserve the right to offer you an alternative property of the same level of quality and in a similar area, or to refund all monies paid to date and cancel the booking. We reserve this right in the case of availability clashes, unexpected, unforeseen or uncontrollable situations. Should PECVR successfully be able to offer you a similar property and location, a pro-rated refund for the difference will be refunded if the property offered is a lower rental cost for the same period. If PECVR is not able to find a similar property then a full refund of monies paid will be returned, or in the case that some time has been used already at the property before it becomes unavailable then a pro-rata refund will be given. This constitutes the maximum liability of PECVR. PECVR is not responsible for any other expense or costs incurred including rearranging or canceling flights or car hire. We strongly recommend holiday insurance cover.
TERMS AND CONDITIONS
These terms and conditions are applicable for all bookings.
PECVR recommends that you take out adequate travel insurance, including cover for medical treatment, accidents and repatriation, holiday cancellation and curtailment. It is your responsibility that you arrange, or ensure your party has appropriate comprehensive travel insurance. This to include cover for illness, personal injury and travel delay/cancellation. We assume that such a policy is in force before you depart.
VILLA RENTAL RATES AND PRICE GUARANTEE
Prices quoted on our website puntacustodio.com are those in effect at the time of viewing and remain guaranteed once the 50% reservation deposit has been paid. Once a price has been agreed and deposit paid PECVR will not change this price under any circumstances, thus guarding against any future price increases.
We are responsible for providing the services listed on our website, where it is within our control. We carefully and regularly monitor our properties. PECVR cannot guarantee that all items listed on our website will be functional at all times, however, all endeavors will be made to rectify any problems as soon as we possibly can. We reserve the right without prior notice to withdraw any part or all of the facilities available and to make such changes as may be necessary. Furthermore, it is agreed by you that the owners, operators, and agents of the rental properties of PECVR are not the guardians of any customers safety and they, individually or collectively, cannot be held liable in any way for any occurrence, which might result in illness, injury, death or other damage, loss or theft to the customer, his property, or his family, heirs, or assigns. The liability of PECVR is limited to a total of the booking price irrespective of the title/claim.
YOUR DUTY OF CARE
You agree to make sure that the villa is in the same condition when you leave, as it was when you arrived. Please let us know immediately if something gets broken, stained, marked or damaged during your stay so that we can replace it at once. Depending on what is broken, we may have to make a charge. The housekeeper cleans dishes and pots, she washes towels and sheets.
YOUR VILLA INCLUDES
A private housekeeper, who will be there:
Mon-Fri 8 am – 4 pm
Sat 8 am – 12 pm
If you have the meal plan Sun 8 am – 12 pm
The use of the villa and its facilities as described on our website. The villas are thoroughly checked before your arrival for any damages and any problems that cannot be fixed are recorded. After you depart the damages found during by the villa representative will be final. If you see any stains or markings especially on fabrics, scratches on glass surfaces, broken items of furniture, doors or any item not functioning, you should report it as soon as possible after you arrive and within the first 24 hours after arrival.
PECVR cannot guarantee that all items or facilities listed on our website will be functional at all times. If you or we find a fault, all endeavors will be made to rectify any problems as soon as we possibly can, you must advise your Rental Agent (Michel Striekwold) as well as the on-site manager, Ismael Franco, straight away of any such problems. Your main contact during your stay is Ismael, our English speaking on-site manager. He is at our community on a daily basis, in his office in the gatehouse or on the premises. If Ismael is not available, advice the head of the on-site staff in the gatehouse of anything that is not working, missing, damaged etc. Our on-site staff will make sure it gets fixed as soon as possible. Items do break down, and utility services can get interrupted however rare. No refunds or rate adjustment shall be made for unforeseen mechanical failures. At times we can be in the hands of outside contractors, or waiting for spare parts, but we will push them as hard as we can to rectify any faults as quickly as possible.
The villa rental does not include any personal travel insurance, your flight(s) to and from the country of location, our meal plan or transport to and from the property (unless agreed). If your property has a heated pool you can have it heated at an extra cost of $250 USD per week, to be paid upfront. Mention up front that you want the pool heated. It is not required or switched on during the period 1st May – 30th September.
Our properties are non-smoking properties. Smoking is only allowed outdoors. Please do not throw cigarette filters or cigarette/cigar stubs in gardens or plant pots.
PECVR, our maintenance team, gardener, housekeeping staff, the representatives of PECVR or their subcontractors have the right of access to the properties at any time with due regard to the convenience of the renter for the purpose of linen changes, pool cleaning, garden maintenance, inspection and/or viewing of the property and to carry out any essential or routine repair or maintenance work.
Except for the essential repairs, maintenance, cleaning and regular gardening we will make every effort to schedule such brief showings at a time convenient to you, to respect your privacy, and not interrupt your stay.
OCCUPANCY / MAXIMUM CAPACITY OF PROPERTIES / ADDITIONAL GUESTS
Under no circumstances may more than the maximum number of persons specified in the property description, or the booking form, or booking confirmation, whichever is lower, occupy the property except by prior written agreement by PECVR. The property cannot be re-let or sublet to any other group/party or individual without the written approval of PECVR. The standard number of guests for our villas are:-
Casa Sonrisa (8)
Casa Lazuli (8 adults plus 2 minors under 13)
Casa Celeste (8 adults plus 2 minors under 13)
Casa Corona del Mar (8 adults plus 2 minors under 13)
Casa Don Juan (8 adults plus 2 minors under 13)
Casa Colibri (8 adults plus 2 minors under 13)
Casa Iguana (4 adults plus 2 minors under 13)
Casa Voz del Mar (6 adults plus 1 minor under 13)
The total number of persons allowed in the villa at any one time is restricted to the number of persons confirmed on the booking contract. At PECVR’s discretion, the excess persons may be asked to vacate the villa immediately. Exceptions to this clause are made only for infants under 12 months old at the time of travel.
We provide housekeeping services, during the week for 8 hours per day, Saturdays 4 hours per day, Sundays 4 hours a day only if you have our meal plan. This covers the general cleaning of the villa, keeping the pool clean, tidy the house, to change beds and clean the bathrooms, cook if you have our meal plan. It is not their responsibility to cook, serve, wash dishes, or pots and pans, or to clean up after guests if you don’t have our meal plan. If you would like such additional maid services please make this request at the time of booking as we can provide additional help.
We provide full bedding, bathroom towels, and beach towels.
All meal plan charges must be paid for in cash, to Ismael, our on-site manager, during your stay. Our staff working hours are from 8 am to 4 pm during the week and 8 am to 12 pm during weekends. For additional/after-hours service please contact us.
WEDDING AND CORPORATE EVENTS
Weddings and special events are permitted under conditions no big events/noise. Please contact us to discuss your requirements. An additional deposit may be required based upon the event and property. We can hold intimate weddings and medium-sized weddings or events. If you would like us to help you organize your event/wedding we can also outsource wedding or events using specialist wedding planners and catering company. We only allow approved catering companies at our properties. This is to ensure high-quality standards, knowledge of the kitchen and equipment, and familiar with the distribution and layout of the properties. It also provides you with security.
Guests at events shall always be respectful of the property, and adhere to our and the communities noise rules (NOISE DISTURBANCE, EVICTION below), so as not to disturb other residents of the neighborhood, particularly after 10.00 pm at night, unless otherwise agreed. If we discover that the wedding or any sort of group gathering for more persons than officially scheduled and paid for at the villa, and/or without our advanced written permission, the party is subject to forfeiture of his entire villa security deposit, and will be requested to immediately pay the difference to the appropriate vila event fee.
Each property can accommodate a maximum of 1 car, including any vehicles for caterers and the organizer. It is not allowed for your guests to park on the private road outside the properties, so for your guests, relatives, and friends who are not staying at our property we can assist you arranging shuttle transport, or they need to arrive by taxi.
PRIVATE CHEFS AND CATERING PROVIDERS
For the protection of the property and our guests, we only allow approved third-party catering suppliers. If you would like a private chef we can help arrange one for you. In the past, we have found that chefs need access to the villa very early and late and this can compromise the security of the property unless we approve the chef. Chefs also have a habit of being very messy and can cause extensive damage to the kitchen of a private villa. For this reason, we only allow chefs approved by PECVR in advance. A charge of $125 USD a day is made for each day a chef is used not arranged by PECVR. Any damage caused by a chef or caterers you contract is the responsibility of the guests. Under no circumstances can third-party contractors be given keys or property access.
OTHER EXTERIOR CONTRACTORS
For the protection of the property and our guests, we only allow approved third-party suppliers. All guests must request the approval by PECVR in advance. This includes all third party suppliers including babysitting services, fitness instructors, DJ, musicians, and all entertainments services. Under no circumstances can third-party contractors be given unaccompanied access (without the prior approval of PECVR), or keys or property access.
NOISE DISTURBANCE, EVICTION
Our properties are all located within an exclusive private community. We, therefore, request you respect our neighbors and keep your noise to acceptable ‘talking’ levels. If you wish to play music in the evenings then please do so but with the volume low. Loud music should not be played after 10.00pm. Please keep background music to talking levels when outside. Failure to observe these rules could result in immediate eviction in severe cases and/or loss of your security deposit.
PECVR wishes to maintain a family atmosphere for the quiet enjoyment of our guests. We rent to families and responsible adults. Guests shall be respectfully quiet and peaceful, so as not to disturb other residents in the immediate area. The community has strict rules regarding noise that must be respected. These set strict guidelines are to control excessive noise.
To avoid noise and nuisance to neighbors it is recommended:
To monitor the level of sound being emitted from electronic devices at all times of the day.
Place music systems on rubber mats and facing towards our properties to help absorb sound.
If going out or returning home late at night take extra care not to disturb neighbors through loud voices and slamming of (car) doors.
Make sure the children are playing in a way that is considerate to neighbors and not causing a disturbance.
If we receive a complaint from our neighbors we will notify you directly.
Generally, we do not accept animals to any of our villas. However, there may be certain exceptions, such as dogs for the blind. In such cases, you must obtain written permission from PECVR.
UTILITY USAGE AND ENVIRONMENT
PECVR takes special care to minimize the impact we place onto the environment. We feel it is both ours, and our guest’s responsibility to care for the environment. We, therefore, ask you to think carefully and be thoughtful about the usage of both water and electricity. Some clients, unfortunately, leave all lights, fans, air conditioning and the hot tub heating/pumps running 24 hours per day. If you do this then the cost of a week’s electricity is likely to be 3 to 4 times the level of normal household usage. Air conditioning should never be left on in rooms unoccupied as it only takes 5 minutes to cool a room. Again, air conditioning should never be switched on in rooms with either doors or windows open, this not only defeats the purpose of putting on the air conditioning, but can also lead to breakage of the air conditioning system as it will be overworked trying to cool a room to the desired temperature that it will never be able to reach. Fans should also be switched off when the room is not being used, as should lights and other electrical items.
We thank you in advance for your consideration. It not only helps us to keep our rentals prices as low as possible, but it also saves you any extra costs after your holiday and helps protect our environment as well.
LIABILITY, DUE CARE AND SUPERVISION/INDEMNITY
You accept and acknowledge that you are responsible and liable for the safety and well-being of all your guests, third parties you contract, and any other persons you invite to stay at our properties during the time of the rental. You and your guest(s) are required to take due care when residing at our properties and be especially watchful of children playing near/in the ocean, cliffs, rocks, near or in the pool, remember there is no lifeguard, and surfaces can be slippery. Children MUST be under the supervision of an adult at all times when staying at the Villa. Be careful to walk on floors when wet from swimming, as they can be slippery. Damage or injury arising, as a result, shall not be the responsibility of PECVR. PECVR will be blameless for any injuries incurred during your stay. You are encouraged to act responsibly and courteous during your stay. Under no circumstances can glassware be taken into the pool area or pool.
LOST AND FOUND
Items left at a property will be returned only upon request and at the guest’s expense. PECVR is not liable for lost items. PECVR will only hold items for sixty (60) days before they are discarded.
Weather conditions can be unpredictable and can change quickly and significantly. PECVR cannot be made liable for unpleasant or unsuitable weather conditions and no refunds are made for such conditions.
PECVR cannot predict construction plans in the area and therefore cannot be held responsible for any inconvenience. In the event of building works taking place by local authorities, private developers or neighbors, it is important to note that we are not responsible for such work and we are unable to stop such work taking place and we are unable to control the level of noise. We cannot be held responsible for any building works that take place during your rental period. No refunds can be given in the event of nearby construction.
Means any unusual and unforeseeable circumstances beyond our normal control, which the consequences of could not have been avoided even when exercising all due care. Such circumstances or events include, but are not limited to, war, or threat of war, riot, civil unrest, industrial disputes or strikes, unavoidable or unforeseen technical problems with the villa, transport, or closure or congestion of airports, terrorist activity, natural disasters, industrial disasters, fire, theft, flooding and adverse weather conditions. In the event of any of the above refunds or compensation payments cannot be made.
Verbal changes of the contract are not valid unless agreed and confirmed in writing by PECVR.
LANGUAGE, PRINTING, TYPING, TERMS & CONDITIONS, CALCULATION ERRORS AND OMISSIONS
PECVR reserves the right to correct any printing or typing errors, omissions or calculation mistakes at any time. We also reserve the right to amend our terms and conditions that apply to your booking at any time and without prior notice. In all matters the original English language version of these terms and condition take precedent.
CONTRACT, COMPLAINTS AND SUGGESTIONS
PECVR prides itself on the quality of its properties, and accuracy of its villa descriptions but should a guest feel that the villa has not met its description it should first be brought to the attention of PECVR representative at the property as well as to your rental agent. If the guest is not happy with the local resolution, then, any further comments or suggestions should be put in writing, within 14 days of your return, specifying the problems to email@example.com.
Puntacustodio.com, Punta el Custodio Villa Rentals and PECVR are trading styles / names of
Tamarindo 142, Terralta 1
Bucerias, Nayarit, 63732
Mobile phone: +52 01 322 1259 695