RENTAL AGREEMENT - Casa Graciela Cozumel at El Cantil

***By entering your credit card details and clicking "Request to Book”, the lessee is accepting all of the following terms and conditions of this rental agreement***

***THE MAXIMUM OCCUPANCY FOR THIS RENTAL IS 6 PEOPLE.  THIS INCLUDES BOTH ADULTS AND CHILDREN, UNLESS AUTHORIZED BY THE LEESOR.  ARRIVING TO CASA GRACIELA WITH MORE THAN 6 PEOPLE (ADULTS & CHILDREN) WITHOUT PRIOR AUTHORIZATION WILL RESULT IN A DENIED CHECK-IN AND NO REFUND.***

Arrival time: 3:00PM or after

Departure time: 11:00AM or before

Arrival instructions will be provided via email after booking.

A Digital Welcome Book will be provided via email after booking. This may also be downloaded from https://casa-graciela.com/en/3532990/welcome-book.

Early check-in and late check-out are not permitted unless authorized by the Lessor, and additional fees may apply. Checking out late without authorization may result in charging an additional night.

1. Reservation & Damage Protection Policy

1.1 All reservations require payment in full upon booking.

1.2 The Lessor will accept all major credit card payments through https://casa-graciela.com at the time of reservation.

1.3 Your booking automatically includes a Damage Protection Policy. Should any minor accidental damages occur during your stay, we will cover up to $1,500. However, if we determine damage was willful or negligent, we will charge an additional cost based on the damage itself. By entering credit card details and clicking "Request to Book”, the Lessee is in agreement with this Damage Protection Policy and is in agreement to additional charges being charged to their credit card due to willful or negligent damage.

2. Cancellation Policy

2.1 Cancellations must be made through email at info@casa-graciela.com.

. 100% of payment refundable when canceled 45 days before arrival or earlier.

90% of payment refundable when canceled 30 days before arrival or earlier.

50% of payment refundable when canceled 14 days before arrival or earlier.

0% of payment refundable if canceled after 14 days.

2.2 If the stay must be canceled or interrupted because of unforeseeable problems with the building (water, electricity, etc.), the Lessee will be liable only for the cost of the days rented. The cost for the remaining days will be refunded, but there will be no additional penalty payable by the Lessor.

3. Lessor shall not be liable for events beyond their control which may interfere with Lessee occupancy, including but not limited to Acts of God, acts of governmental agencies, fire, strikes, war, or inclement weather. No rebate or refund will be offered in these circumstances.

4. Hurricane Guarantee and Policy

4.1 If you are holding a confirmed reservation and are unable to travel to Cozumel because of the closing of the Cozumel Airport or the island due to implementation of our National Hurricane Plan, we will allow you to reschedule and we will credit 100% of your payment towards a future reservation. This credit has no time limitations or penalties associated with it *

4.2 If you are currently on Cozumel and a hurricane is predicted to impact the island, we may require that you depart the island early. If this occurs we will credit 100% of the dollar value of the lost vacation days towards a future reservation. This credit has no time limitations or penalties associated with it *

4.3 If prior to your Check-in date the property you have reserved is rendered not-habitable, or public utilities on Cozumel island are not operational, we will credit 100% of your payment towards a future reservation. This credit has no time limitations or penalties associated with it *

*A hurricane is defined/validated by the National Hurricane Center - typically a tropical cyclone in which the maximum sustained surface wind is 74 mph (64 knots) or greater. A property is not considered not-habitable because the beach or surrounding area has been made less than desirable by a storm.

5. Rules: Use of Rented Premises & Lessee’s Responsibilities

5.1 Smoking of any type inside the property or on any terraces is strictly prohibited. The home is inspected immediately upon checkout and any trace of smoking is immediately identifiable to the proceeding guests. Any smell and/or physical evidence of smoking any substance will result in a fine of up to $1,000.00 to cover the cost of deep cleaning and ozone treatment. In addition, El Cantil Condominiums prohibits smoking in any common areas including lobbies, hallways, stairways, elevators, garages, and pool/beach areas. Please Note: As of January 15, 2023, the Mexican Government explicitly banned smoking in outdoor public places such as parks, town squares, and beaches as well as offices, hotels, restaurants, schools, stadiums, shopping centers, and entertainment arenas. This amounts to one of the world’s strictest anti-tobacco laws.

5.2 Parties and events are strictly prohibited unless otherwise authorized in writing by the Lessor. Any evidence of a party or event, including camera footage, excessive garbage, or other evidence will result in a fine of up to $1,000.00 and eviction without reimbursement, plus the cost of any extra cleaning or damages that result from the party or event. The Lessee agrees to follow all applicable laws while staying in the property, including but not limited to, laws relating to drugs and alcohol. The Lessee agrees to indemnify the Lessor for any violations of the foregoing.

5.3 The Lessee must be 25 years or older and must be present during the stay.

5.4 The home is not child proofed (cabinet door latches, electrical socket covers, baby gates, etc). No amenities are provided for infants or children (high chair, crib, pack n play, etc).

5.5 The Lessee is responsible for the actions of any other person on the rental premises. Only registered guests that are included on the reservation are permitted to stay in the home. Please ensure that the correct number of guests (maximum 6) is reflected in your reservation request. Visitors must be approved in advance. For example, hosting a dinner in which guests other than those included on the reservation will attend, must be approved.

5.6 It is the responsibility of the Lessee to always lockup provided mountain bikes. Registered guests are responsible for bike theft and damage ($750 USD/bike; or dollar amount determined based on damage). Do not lock bikes to metal objects, as it will scratch and rust (dollar amount determined based on damage). When not in use, store the bikes in the custom bike rack located near the private elevator in the home. Report any malfunctions with the bikes so they can be promptly repaired for you and the next guests. Do not bring additional “rental” bikes into the home; park and lock up rental bikes in the secured underground parking garage. Rental bikes can be locked up in any available space.

5.7 Additional equipment, such as rental scooters, rental bikes, paddle boards, etc are not allowed in the home or on the terraces, no exceptions. There is a secured underground parking garage where you can lock up rental scooters and bikes in any open location. Please store all dive, snorkel and swim equipment on the terrace using the provided terrace racks; do not hang items on the furniture, rails or store in the home. Lessee and guests are 100% responsible for the security of their items.

5.8 Do not leave trash outside the home in the hallway. Take any trash to the lobby and security will show you the main trash container located in the underground parking garage.

5.9 Housekeeping is every other day. No housekeeping on Sundays or Holidays.

5.10 Personal laundry services are available on normal housekeeping days for a fee; contact the local team/guest services for details.

5.11 No gratuities or service charges are included in your vacation stay. Tips made to maids and other personnel are solely a matter of discretion. If you find that your maid, the doorman or concierge did an outstanding job, tipping is greatly appreciated. These individuals work hard to make your stay a pleasant experience.

5.12 Pool hours are 9:00AM to 10:00PM. The rules posted in the pool and spa areas must be obeyed at all times. There is no lifeguard on duty. Children under the age of 12 are allowed in the pool only under direct supervision of their parent or guardian. No glass or bottles are allowed in or around the pool or beach areas for everyone's safety and local laws. Use of the pool as well as the beach areas is strictly for registered guests, no visitors are allowed access to the beach area. This is strictly enforced for insurance reasons.

5.13 There is a secured underground parking garage. Rental car, rental scooters, and rental bikes can be parked and locked up in any available space.

5.14 The building has security cameras on each floor, in the lobby, in the elevators, at the pool area, and in the secured underground parking garage. The several doormen also monitor the entire grounds at all times. The elevators require a key to gain access, then there are door locks (usually with code access) to enter each unit. Also, because the home is unique in that it has a private elevator, one of the elevators opens directly into the home and therefore there is an additional metal key that is needed to access the home from the private elevator, along with an additional code needed after the private elevator door opens. There is also one security camera inside the home next to the elevator facing directly down the hallway to the front door. There are no other cameras inside the home. This camera is set at the entrance to monitor just the entrance, and is there as an additional level of security for everyone's safety. Tampering with this camera is strictly prohibited and will result in a fine if tampered with.

5.15 The Lessee must inform the Lessor of any damage or breakage caused during the stay.

5.16 Any defects noted by the Lessee during the rental period must be reported immediately.

5.17 The Lessee is liable for material damage in or to the home rented during the rental period for any cause whatsoever, except damages resulting from construction defects, lack of maintenance, natural and technological disasters, and any damage normally covered by the Lessor’s residential insurance policy. The Lessee agrees to hold the Lessor harmless from any claim whatsoever resulting from damages for which the Lessee is responsible.

5.18 The Lessee agrees to respect the rental premises and leave them in the same condition as when they were rented. Furniture and objects for the Lessee’s use must be handled with care and used only for the purposes for which they are intended; under no circumstance shall indoor furniture go on the outdoor terraces.

5.19 The Lessee agrees not to use any premises other than those rented and to respect the property of neighbors and other residents.

5.20 Any evidence of willful or negligent loss or damage to the property, furnishing, decorations, landscaping, towels, linens, or other items will be charged at direct replacement cost plus a fine up to $250.

5.21 Lessee is required to keep towels and linens in good condition. Towels and washcloths should not be used to remove makeup or for cleaning purposes. Any permanent stains on towels or linens will fall into the category of negligent damage and is not included in the Damage Protection Policy.

5.22 Lessor cannot guarantee against mechanical failure of heating, air conditioning, TVs, or other appliances. Report any inoperative equipment to the local team/guest services. Lessor will make every reasonable effort to have repairs done quickly and efficiently. No refunds.

5.23 Lessee acknowledges that NO pets are allowed in or on the premises. Unauthorized occupancy of pets will result in immediate eviction and loss of all rents.

5.24 Lessor is not responsible for Lessee’s personal property left behind, lost or stolen during their stay. If we are able to find an item left behind, we will make every effort to ship it to you for the cost of shipping.

5.25 The Lessee agrees to abide by reasonable rules of conduct and not to disturb neighbors or other residents. The Lessee must keep noise to a reasonable level, both inside and outside Casa Graciela.. Noise must be kept to a minimum after 10:00PM and before 9:00AM.

6. Important Conditions

6.1 The Lessee always agrees to respect the rules of the establishment. This commitment also extends to people accompanying the Lessee and his or her guests.

6.2 The establishment may be rented for vacation purposes only.

6.3 The establishment has a maximum occupancy of 6 people. This maximum occupancy includes both adults and children.  Exceeding the maximum occupancy at any time, with either overnight or day guests, is not permitted without prior written approval. Additional persons occupying the home without prior authorization will be subject to eviction or the daily rate, calculated on a per-person basis, for the home.

6.4 The Lessee may not transfer his/her rights under this rental agreement or sublet the unit.

7. Checklist before leaving the unit

7.1 Leave the home in the condition it was upon arrival.

7.2 Leave all the keys, including all elevator keys, in the container at the Welcome Desk next to the elevator. There will be a charge for any keys not returned.

8. General Provisions

8.1 This short-term rental agreement may be amended only in writing.

8.2 Even if any of the provisions in this agreement are deemed null and void, the other agreement provisions remain valid. The parties must come to an agreement reflecting as much as possible the economic objectives of the two parties to this agreement in order to replace the provision deemed null and void.

8.3 Events, noise, and construction can occur in resort areas in Mexico. No rate adjustments or refunds for inconvenience due to events, noise, or construction, etc. will be made.

8.4 LOCAL CELEBRATIONS AND EVENTS CAN OCCASIONALLY TAKE PLACE IN COZUMEL. THE CELEBRATIONS CAN SOMETIMES GO LATE INTO THE NIGHT. MEXICO INDEPENDENCE DAY (SEPT) AND CARNAVAL (4 WEEKS, END OF JAN - BEGINNING FEB) ARE TWO EXAMPLES.
***PLEASE ASK US ABOUT SPECIFIC DATES IF THERE IS A CONCERN REGARDING POSSIBLE NOISE DURING YOUR TIME***  It is the sole responsibility of lessee to verify any dates when events as such could occur.  Lessor cannot make any guarantee an event with noise will or will not take place.   

8.5 All recommendations (such as restaurants, bars, beach clubs, excursions, etc) provided on the website and digital welcome book are solely businesses the owners have enjoyed and have had good experiences with. Lessor does NOT receive any compensation or kickbacks of any sort from these individuals or businesses. Lessor is not responsible for any experience deemed unsatisfactory for any reason whatsoever.  All experiences are at the sole discretion of the Lessee.

8.6 Lessor shall not be liable for damages by reason of injury to the person or any property belonging to any person which injuries or said damages may in any way be connected to or with the premises, and the Lessee hereby agrees (1) to indemnify and hold harmless the Lessor from any liability, loss or obligation resulting from any such injuries or damages, and (2) to resolve any disputes under Mexican law.

***By entering your credit card details and clicking "Request to Book”, the Lessee is accepting all of the terms and conditions of this rental agreement***