Click here for Print version

Clause 1. Identification of Landlord and Tenant

This Agreement is entered into between
(Tenant’s name)

and (Landlord’s agent), represented by

Travel for Adventure, Inc.

By entering into this Agreement tenant declares acceptance of all terms and conditions herein.

In the event that the Tenant is more than one individual all listed Tenants will be jointly and severally bound by the terms of this rental agreement.

Clause 2. Identification of Premises

Subject to the terms and conditions in this Agreement, Landlord rents to Tenant, and Tenant rents from Landlord, for residential vacation purposes only, the premises known as “Casa Gordon” located at Kilometer 18.25 Carretera Costera Sur, Cozumel, Quintana Roo, Mexico, (the premises), together with the following furnishings and appliances:

All furnishings and amenities of Casa Gordon with the exception of the southern master suite, office, service staff apartment(s), and certain restricted mechanical and maintenance/storage areas.

Rental of the premises also includes:

Staff and food services as specified in Appendix I to this agreement

Clause 3. Limits on Use and Occupancy

The premises are to be used only as a private vacation residence for Tenant(s) and their guests listed in Clause 1 of this Agreement, and their minor children. Occupancy by guests for more than the exact specified term of this agreement is prohibited without Landlord's written consent and will be considered a breach of this Agreement. Tenant will provide Landlord with a complete list of all occupants of premises. Tenant will not allow occupancy in excess of that agreed upon herein.

Maximum Occupancy:

Occupancy for this rental shall not exceed:

______ Adults

______ Teens/Tweens (10 – 19 years)

______ Children (3 – 9 years)

______ Infants (0 – 2 years)

Clause 4. Term of the Tenancy

The rental term will begin on ___the arrival of the Tenant at approximately 3:00 P.M.
and terminate at 12:00 noon on ___ . Tenant agrees to vacate the premises by 12:00 noon on . Tenants can arrive at 12:00 PM but rooms will not be ready until 3:00 PM. Earlier check in can be requested 3 days before travel only in the event that there are no prior tenants check out on departure day.

Clause 5. Payment of Rent

Rental and Security Deposits Paid in Advance

Tenant will make payments to Landlord according to the following schedule:

1. Initial payment of $ , constituting one-half of the total rental fee at the time of execution of this rental agreement. Receipt of this initial payment and the execution of the rental agreement will make firm the Tenant's reservation of the premises for the agreed upon term.
2. Payment of $ , the remaining rental fee, is due and payable by
/ / and no later than 45 calendar days prior to the beginning of the rental term specified in Clause 4, above.
3. $3,000 US as a security deposit
$1,000 US designated for damage and $2,000 US for chef service.
remaining no later than 45 calendar days prior to the beginning of the rental term specified in Clause 4, above.

Delivery of payment.

Rent will be paid to:

Travel For Adventure, Inc.

Form of payment.

Landlord will accept payment in these forms:

___ personal* check made payable to landlord’s agent .

___ cashier's check made payable to landlord’s agent.

___ credit card

Credit Card – MC VISA AMEX DISCOVER
Credit Card #-
Expiration date
Address of Cardholder -

*If payment is made by personal check, it will be the Tenant's responsibility to deliver the personal check to Landlord at least five working days prior to any payment deadline specified in this agreement.

Clause 6. Non payment and Cancellations

If Tenant fails to deliver to Agent the initial rental payment of one-half the total rental fee within three working days of the date that a temporary hold is put on the rental premises for the Tenant's requested term, Landlord may remove such temporary hold and make or accept other rental agreements for that time.

If Tenant fails to pay the remaining one-half of the remaining rental fee and/or the $3000.00 US deposit by the payment deadline specified above in Clause 5.2, Tenant forfeits the initial rental payment made and any reservation or rental rights without any further obligation on Landlord's part.

Clause 7. Returned Check and Other Bank Charges

If any check offered by Tenant to Landlord in payment of rent or any other amount due under this Agreement is returned for lack of sufficient funds, a “stop payment” or any other reason, Tenant will pay Landlord a returned check charge of $30.00 US.

Clause 8. Security Deposit

As specified in Clause 5.3 above, Tenant will pay to Landlord the sum of $3000.00 US as a security/food deposit. Within ten (10) business days after Tenant has vacated the premises, returned keys and provided Landlord with a forwarding address, Landlord will return the deposit in full or provide Tenant an itemized written statement of the reasons for, and the dollar amount of, any of the security/food deposit retained by Landlord, along with a check for any deposit balance.

Delivery of refund will be made to:

Clause 9. Utilities

Landlord assumes all responsibility for payment of all reasonable utilities billed during rental term. Telephone billing charges are not defined as utilities in this Agreement.

Clause 10. Assignment and Subletting

Tenant is absolutely prohibited from subletting any part of the premises or assigning this Agreement.

Clause 11. Tenant's Maintenance Responsibilities

Tenant (and, Tenant accepts responsibility for all guests present during rental term) will: (1) treat property and furnishings with reasonable care; (2) immediately notify Landlord and/or Landlord's on-site representative(s) of any defects or dangerous conditions in and about the premises of which Tenant becomes aware; and (3) reimburse Landlord, on demand by Landlord, for the cost of any repairs to the premises damaged by Tenant or Tenant's guests or business invitees through misuse or neglect, cooperate with Casa Gordon staff in maintenance of premises and protection of premises and furnishings.

Upon arrival tenant will examine the premises to confirm that they are to be in good, safe and clean condition and repair, except as noted in the Landlord-Tenant Checklist.

Clause 12. Repairs and Alterations by Tenant

Tenant will not make any repairs or alterations to the premises whatsoever.

Clause 13. Violating Laws and Causing Disturbances

Tenant is entitled to quiet enjoyment of the premises. Tenant and guests or invitees will not use the premises or adjacent areas in such a way as to: (1) violate any law or ordinance, including laws prohibiting the use, possession or sale of illegal drugs; (2) commit waste (severe property damage); or (3) create a nuisance by annoying, disturbing, inconveniencing or interfering with the quiet enjoyment and peace and quiet of any other tenant or nearby resident (4) molest in any way any wildlife on the premises proper (an official "Ecological Zone") or immediately offshore in the National Marine Park waters.

Clause 14. Pets

Tenant will introduce no animal, bird or other pet on the premises, except properly trained dogs needed by blind, deaf or disabled persons or as agreed upon in writing as an addendum to this agreement.

Clause 15. Landlord's Right to Access

Landlord or Landlord's agents may enter the premises for reasonable cause. Casa Gordon staff and repair/maintenance personnel will also have reasonable access. At all times the privacy of the Tenant will be given the greatest possible consideration.

Clause 16. Landlord's Failure to Deliver Possession.

If Landlord is unable to deliver possession of the premises to Tenant for any reason not within Landlord's control, including, but not limited to, partial or complete destruction of the premises, Tenant will have the right to terminate this Agreement upon proper notice as required by law. In such event, Landlord's liability to Tenant will be limited to the return of all sums previously paid by Tenant to Landlord.

Clause 17. Payment of Court Costs and Attorney Fees in a Lawsuit

In any action or legal proceeding to enforce any part of this Agreement, the prevailing party shall recover reasonable attorney fees and court costs.
The governing laws will be Texas.

Clause 18. Authority to Receive Legal Papers

The Landlord, any person managing the premises, and anyone designated by the Landlord (authorized Agents) may accept service of process and receive other notices and demands, which may be delivered to:

The Agent, at the following address:

Travel for Adventure, Inc.

The Tenant, at the following address:

Clause 19. Waiver of Rights and Hold Harmless

Tenant hereby waives all rights of recourse and holds Landlord absolutely harmless of any liability with regard to the rental property, and/or transportation to or from the rental property. Tenant acknowledges that Landlord is not and will not be responsible for any event experienced by Tenant or Tenant's guests while on the rental premises, in transit to or from the rental premises, and/or in any other way related to this rental.

Clause 20. Validity of Each Part

If any portion of this Agreement is held to be invalid, its invalidity will not affect the validity or enforceability of any other provision of this Agreement.

Clause 21. Grounds for Termination of Tenancy

The failure of Tenant or Tenant’s guests or invitees to comply with any term of this Agreement, or the misrepresentation of any material fact on Tenant’s Rental Application, are grounds for termination of the tenancy, with appropriate notice to tenants and procedures as required by law. If a tenancy is terminated before the actual termination date and time, no rental refund whatsoever will be made, and the normal refund policies will apply.

Clause 22. No Smoking

Tenant explicitly acknowledges that smoking of any sort is strictly prohibited in any interior space of the rental premises.

Clause 22. Entire Agreement

This document constitutes the entire Agreement between the parties, and no promises or representations, other than those contained here and those implied by law, have been made by Landlord or Tenant. Any modifications to this Agreement must be in writing signed by Landlord and Tenant.

Date / /
Landlord's Agent
Title -
Street Address –
City, State & Zip –
Phone

Signature__________________________________________

Date / /
Tenant name -
Address –
City, State & Zip –
Phone -

Signature_________________________________________________

APPENDIX I

Included in this Appendix is information describing in general the scope of duties of Casa Gordon staff, Casa Gordon facilities restricted to staff use only, available menu and food service arrangements, and treatment of items broken or lost by renter(s). Appendix I includes but is not restricted to the items listed and /or described. It is intended to provide information to the renter(s) as to various particulars involved in the rental. Appendix I does not, and is not intended to, cover every eventuality that may result from any activity or experience in the renting or occupancy of Casa Gordon.

A. Duties of Casa Gordon Staff

Each of the Casa Gordon Staff is assigned certain duties involving the upkeep and maintenance of Casa Gordon and the Casa Gordon grounds and the provision of security for both property and occupants. During periods when guests occupy Casa Gordon some staff duties provide direct service to guests. Such services include daily cleaning of each room and laundry service for sheets provided once during the week’s stay on Tuesday. No personal laundry service is allowed, however, laundry can be requested at $5 at load. Staff will greet guests upon arrival at the airport, but staff cannot provide driver service for guests or their luggage. Staff will be available to aid guests in various ways during their stay, and some staff are trained in CPR and the use of the automatic external defibrillator (AED) in case of medical emergency. Staff will endeavor to assist guests as much as possible, but guests must understand and accept that all staff personnel have regular work assignments that must be given priority in order that the house and facilities operate smoothly.

B. Facilities and Areas of Casa Gordon Restricted to Staff Use Only

These include but are not limited to: the small office (computer) room adjacent to the den; the laundry machines (washers/dryers); the mechanical areas such as the water purification plant, pool and house pump rooms, generator building, and electrical transformer box; ; the 4 wheeler ATV, powered watercraft, and other motorized vehicles; certain storage areas, such as the locked area of the Master Bedroom closet; and the southwest upstairs (owner's) suite.

C. Smoking

Casa Gordon is a smoke free habitation. No smoking whatsoever is allowed inside any part of the house or other enclosed structures. Smoking is allowed only outside and smoking guests are asked to use ashtrays always. Smoking in the house is considered a damaging event because of the effects of the smoke itself on the bedding, furniture, air ducts, etc. Damage assessments will be levied for smoking in the house, garages, or store rooms. Refusal to honor the no smoking policy may also result in eviction.

D. Electronics Systems & Devices(s)

Casa Gordon has electronics systems including satellite television, telephones, wireless internet (with dial -up backup), and audio-visual systems such as TV/DVD, stereo sound with remote speakers, etc. Please note that there is no guarantee, implied or otherwise, that all of these systems and devices will be working. While we strive to see that everything is functioning properly, there are times when certain devices or systems malfunction. Repair is not accomplished as quickly as in the USA, generally speaking.

E. Treatment of Items Broken or Lost By Renter(s)

Because of the remoteness of Casa Gordon and consequent difficulty replacing or repairing many items, it is necessary to impose a policy of charging guests for items lost or broken. In many cases replacement requires shipment from the United States and the cost of import duties, or the often very slow delivery of replacement items from Mexican vendors. Examples of items prone to loss or breakage and their current replacement costs are: keys ($10 US per key); beach towels ($25 US per towel); and satellite TV access cards ($350 US these cards do not work in the US, by the way). Replacement or repair of such items as TV or stereo remote controls, telephones, Xbox, Playstation 2(s), or other such items necessitate charges to the guest to cover all expenses involved in restoration to previous status as quickly as can be accomplished.

A daily Continental Breakfast is provided. Your Agent can supply details of this menu and serving schedule. Your Rental Agent can also arrange for food service options and enhancements. This is an extra cost program that is priced according to the specific services provided. Included, for example, are breakfast upgrade to full grill breakfast, lunch, dinner, kids menus, parties with additional wait staff and entertainment, etc.

G. Long Distance Telephone

H. Rooms, Keys, and Such

(Signature) (Date)
Tenant

(Signature) (Date)
Landlord’s Agent