These terms and conditions “Terms” are made by and between Hidden Leaf Baja “Hidden Leaf”, “we”, “us”, or “our” and as identified on the signature page “Guest” or “you”. Hidden Leaf and Guest may be referred to individually as “Party” and collectively as “Parties.” For good and valuable consideration, the sufficiency of which is acknowledged, the Parties agree as follows:
Property
The “Property” is owned by Hidden Leaf and is fully furnished and equipped with supplies for light housekeeping.
Hot Tub Disclaimer
Guest acknowledges that there are certain risks associated with hot tubs. Use of the hot tub is at the user’s own risk, and We will not be responsible for any injuries.
Excessive Use: The Property Rental provides you with enough water and gas for the duration of your stay. Should any gas or water be used in excess, and need to be replenished, you will be charged the appropriate fee to replenish.
Events: Events are not permitted at the Property. Rental of the Property does not include the use of the Property for an Event. “Event” is the hiring of musical entertainment, professional catering, rentals of music or entertainment equipment, among other event services, and entertaining of more than 5 visitors at the Property. No music / entertainment equipment must be installed or brought to the property during the Rental Period. Guest agrees to use the provided speakers on the Property. Should you hold an Event on the Property, you will be responsible to pay an additional fee of $3,000 USD, plus loss of Security Deposit. If any neighbors report excessive noise, your Terms could be terminated and you will be asked to leave the Property. Should this happen, it will result in a loss of the rental amount. If a noise complaint is reported, you will be charged $100 for the first complaint and $200 for each additional complaint. We reserve the right to end music/entertainment for not following these rules.
Rental Party
The minimum age for all guests is 25. Guests under the minimum age must be accompanied by a parent or legal guardian. As the renter, you agree to be an occupant of the Property for the entire duration of the rental. You agree to be solely responsible for their actions and the actions of all family members, guests, and invitees collectively, “Rental Party” present at the Property at any time during their stay, and to ensure that all Occupants understand and comply with the Terms. All persons in the Rental Party will be bound by these Terms.
Maximum Occupancy
The maximum number of persons allowed to stay in the Property is limited to 10, unless we give prior written consent. The number of people present at the Property may not exceed the maximum posted occupancy unless we have given you advance written permission to hold an event at the Property, in which case the number of people present at the Property may not exceed the maximum number of people authorized by Us.
Visitors
“Visitor” is an occupant of the Property who is not staying overnight. The total number of visitors permitted at the Property at any given time, is 5, unless we give our prior written consent.
Rental Period & Check-In
The term will be from the “Arrival Date” to “Departure Date”. The Property will be ready for Guest’s occupancy beginning at “Check-In” time on the Arrival Date and the Property must be vacated by “Check-Out” time on the Departure Date, unless otherwise agreed by Us. If Guest or any member of the Rental Party remains on the Property beyond the Departure Date, you will be responsible to pay the rental rate for the period between Departure Date and the actual date Guest and all members of the Rental Property vacate the Property. The Property requires a 3-night minimum stay.
Keys & Access Codes
We will provide you with access codes to the Property.
We may provide you with key(s), which will unlock the front door to the Property and other areas. You are not allowed to make duplicate keys. A fee of $75 USD will be charged to you for failure to return a key. Any attempt to access a locked area is just cause for immediate termination of these Terms, forfeiture of all rent paid, and you will be liable for any missing items or damage. In the event you are locked out during their stay, and we must come to the Property and there will be a (a) $20.00 USD cash fee during business hours; (b) $50.00 USD fee after-hours which must be paid directly to the agent in cash prior to your receipt of the key.
Rental Rules & Restrictions
Guest agrees to abide by the following restrictions by Hidden Leaf, which shall include, but are more fully described in the Rental Rules:
- Events are not permitted on the Property
- Smoking is not permitted inside the Property
- Pets are not permitted on the Property
- Children under 13 are not permitted on the Property
- Quiet hours are from 10:00 PM to 8:00AM
- Garbage must be placed in the proper receptacles
Guest agrees to abide by the Rules and Regulations of Property and any other restrictions imposed by Hidden Leaf the “Rules”, as described in the Rental Rules. At all times while on the Property, you will, and will cause all persons in the Rental Party and any visitors that you permit on the Property to abide by the Rules while on the Property.
The Property is a NON-SMOKING environment, where smoking is prohibited in and around the rooms. We reserve the right to charge a $150 USD smoking fine to any guests that smoke in or around the rooms.
If any person in the Rental Party fails to follow any of the Rules, the Rental Party may be asked to vacate the Property and you will forfeit all rent paid.
Reservation Deposit and Payment
A “Reservation Deposit” of the Total Amount Due is required. You agree to pay the rental rate and fees “Total Amount Due“. The Reservation Deposit is due and payable upon return of these signed Terms to secure your reservation. The Reservation Deposit is non-refundable and will be applied toward the rental rate. Payment in full all fees, less the Reservation Deposit, will be due 30 days before the Arrival Date. Reservations made within 30 days of the arrival date must be paid in full.
Security Deposit
A “Security Deposit” is required. The Security Deposit will be refunded after your departure and an inspection of the Property us, less any deductions for damage to the Property or furnishings, excessive mess requiring additional cleaning or other costs incurred outside the normal course due to your stay.
Cancellation
We encourage all guests to purchase travel insurance to help protect against financial loss if Guest must cancel their reservation for a covered reason. We are a small business and have very strict cancellation policies. Guest may cancel the reservation at least 30 days before the Arrival Date and receive a refund of the Reservation Deposit or prepaid payments. If you cancel the reservation less than 30 days before the Arrival Date, the Reservation Deposit or prepaid payments will be forfeited.
Cleaning
A cleaning fee will be charged to the Guest. Daily turn down services are included in the rental rate, however, throughout the rental period, you will be responsible for keeping the Property clean and in good condition. Any unsafe or dangerous condition must be reported to us immediately. You acknowledge that on the Arrival Date, the Property is in good condition, except for any defect you may report to us by the end of the first day following the Arrival Date. The Property should be left in the same condition as it was found by you on the Arrival Date. You promise to leave the Property in good repair.
We reserve the right to charge the customer for any damages or excessive cleaning required as a result of guest behavior. Such damages or excessive cleaning include, but are not limited to, stains from blood, alcohol, food, candy, liquid, makeup and/or other permanent products; broken, burnt or torn furniture; missing furniture; broken, burnt or damaged tiles, glass, wall paint or wood; theft or damage from guests failing to properly lock the front gate and/or their rooms, removal of covers from the furniture, disposing of all ashes, rubbish, garbage, and other waste NOT in the provided trash receptacles, leaving trash on porches, decks, or any other exterior location, leaving glass containers at the exterior areas, destroying, defacing, damaging, or removing any part of the property or rendering inoperable any smoke detector, causing or permitting any unsafe or unsanitary conditions in the area surrounding the Property, NOT keeping the property safe and clean. In the case that such damage occurs, you will be charged an Excessive Cleaning Fee of $350 USD and/or a Property Damage Fee of $75 USD penalty plus the cost of whatever materials are required to repair the damage.
Furnishings and Damage to Property
All contents of the Property are the property of Hidden Leaf. Furniture, bedding, kitchen equipment, utensils, and any other personal property supplied with the Property must not be removed from the Property. Rental Party is not permitted to alter the wiring of any television, computer, or gaming equipment. Loss of any items within the Property or damage to the Property or furnishings more than normal wear and tear will be charged to Guest.
The Property will be inspected by us after your departure. If an item should break, you must notify us immediately. Owe reserve the right to charge the customer for any damages or excessive cleaning required as a result of your or Rental Party’s behavior. Such damages or excessive cleaning include, but are not limited to, stains from blood, alcohol, food, candy, liquid, makeup and/or other permanent products; broken, burnt or torn furniture; missing furniture; broken, burnt or damaged tiles, glass, wall paint or wood; theft or damage from guests failing to properly lock the front gate and/or their rooms, removal of covers from the furniture, disposing of all ashes, rubbish, garbage, and other waste NOT in the provided trash receptacles, leaving trash on porches, decks, or any other exterior location, leaving glass containers at the exterior areas, destroying, defacing, damaging, or removing any part of the property or rendering inoperable any smoke detector, causing or permitting any unsafe or unsanitary conditions in the area surrounding the Property, NOT keeping the property safe and clean. In the case that such damage occurs, you will be charged an Excessive Cleaning Fee of $350 USD and/or a Property Damage Fee of $75 USD penalty plus the cost of whatever materials are required to repair the damage.
Personal Property
To prevent theft of or damage to furnishings or personal property, you agree to close and lock doors and windows when not present at the Property and upon check-out. We will not be liable or held responsible for items left behind following departure, missing, lost or allegedly stolen items during your stay.
Mechanical Failures
Hidden Leaf attempts to properly maintain the Property will make every effort to ensure that your stay is safe, comfortable, and enjoyable. While all electrical and mechanical equipment within the Property is in good working order, we cannot guarantee against mechanical failure of electrical service, stopped plumbing, water supply, heating, air-conditioning, audio-visual equipment, internet access, cable service, or appliances. You agree to report any inoperative equipment or other maintenance problem to us immediately. We will make every reasonable effort to have repairs done quickly and efficiently, however, cannot guarantee when the problem will be resolved. Speed of service cannot be guaranteed. Guest will allow us, or a person permitted by us access to the Property for purposes of repair and inspection.
We are not responsible for any inconvenience that may occur and no refunds or rent reductions will be made due to failure of such items. Additionally, Guest agrees that NO refunds, discounts, or transfers will be granted for the malfunction of any appliance or amenity, inclement weather, mechanical breakdowns, or other adverse circumstances beyond our control. Further examples of circumstances which DO NOT warrant any refund, discount, or alternate Property, etc. include but are not limited to: breakdown of air conditioners; TV’s, or other electronics or appliances which malfunction, presence of insects; disruption of utility services including cable, internet, water, electric satellite; a Property not decorated / accommodated / improved / updated to Guest’s tastes; problems which have not yet been reported to us; bad weather; or noisy neighbors. The incidental presence of pests or bugs which do not render the Property unfit or uninhabitable will not present cause for refunds, discounts, or transfers.
Acts of God
If there is a storm or severe weather and a mandatory evacuation order is issued by state or local authorities, Guest shall be entitled to a prorated refund for each night Guest is unable to occupy the Property. We will not be liable or deemed in default under these Terms for any failure to perform or delay in performing any of its obligations due to or arising out of any act not within its control, including, without limitation, acts of God.
Limitation on Liability
Hidden Leaf is not responsible for any accidents, injuries or illness that occur to any member of the Rental Party or Guest’s visitors while in the Property or on the Property. We are not responsible for loss of personal belongings or valuables belonging to any member of the Rental Party or any of Guest’s visitors. You agree to assume the risk of any harm arising from use of the Property. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES OF ANY NATURE WHATSOEVER INCLUDING ARISING OUT OF OR RELATING TO THESE TERMS OR GUEST’S RENTAL OF THE PROPERTY OR USE OF THE PROPERTY. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH THESE TERMS, EVEN IF WE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
Indemnification
Guest acknowledges that the use of the Property by the Rental Party and Guest’s visitors is entirely at their own risk. You will indemnify and hold harmless us from any and all expenses, costs, damages, suits, actions, or liabilities whatsoever arising from or related to any and all loss of or damage to personal property, injury or death resulting from the use or occupancy of the Property or the failure of any member of Rental Party or Guest’s visitors to observe the Rules and restrictions set forth in the Rental Rules.
Violation of Terms
If you or any member of the Rental Party violates any of the terms of these Terms, including but not limited to maximum occupancy, visitors and rental rules and restrictions, Hidden Leaf may evict Guest and the Rental Party from the Property and Guest will forfeit all rent and security deposit paid. Each person renting or occupying the Property is jointly and severally liable under these Terms, and we may proceed against any one or more of the Rental Party without first proceeding against any other.
Interpretation
No provision of these Terms may be interpreted for or against any Party on the basis that it drafted such provision, and no presumption or burden of proof may arise disfavoring or favoring any Party because of the authorship of any of the provisions of these Terms.
No Waiver
Neither Hidden Lead nor Guest shall be deemed to have waived any provision of these Terms or the exercise of any rights held under these Terms unless such waiver is made expressly and in writing.
Severability
If any provision of these Terms is held to be invalid or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in these Terms.
Notices
Any notice or communication under these Terms must be in writing and sent via electronic email transmission.
Successors and Assigns
These Terms will inure to the benefit of and be binding upon us, our successors, and assigns, and upon Guest and its permitted successors and assigns.
Entire Terms
These Terms and the Rental Rules represents the entire understanding and Terms between the Parties with respect to the subject matter of these Terms and supersedes all other negotiations, understandings, and representations (if any) made by and between the Parties.