Terms of Service

The services of The Agency Baja along with any and all content and Services (collectively the “Services“) provided on and by the reservation site https://theagencyrentals.com (the “Website” or “Site“) are made available and provided by The Agency Baja, LLC (“The Agency Baja“, or “the Company“) under this Terms of Service.

Any user of the Site or the Services associated with the use of the Site shall be referred to collectively as (the “User“, “Guest“, “Tenant“, “Client” and/or “Booking Group“) or individually for the purposes of this Terms of Service as (“You” or “Your“) and shall refer to all users of this website and potential or confirmed clients of The Agency Baja.

User hereby agrees to the Terms and Conditions below in their entirety, as well as the policies assigned in the Guest Rental Agreement at the time of booking (the “Terms of Use” or “Terms of Service“) as follows:

BY ACCESSING, BROWSING, PURCHASING THROUGH, OR USING THE SERVICES OF The Agency Baja YOU AGREE TO BE BOUND BY ALL TERMS IN THEIR ENTIRETY. If you do not agree to abide by the Terms, no use of the Site or any contained on the site is permitted. This includes but is not limited to viewing, engaging with content, downloading, or otherwise utilizing any content.

If you are staying or traveling under a different contract than provided by this website or The Agency Baja, the terms of this Agreement will supplement and in some cases supersede these Policies.

The Agency Baja reserves the rights to modify or update this Agreement at their sole discretion and the most current version of such Terms shall automatically become effective and take precedence over any prior Terms.

Now therefore, in consideration of the Services and the mutual terms and conditions hereinafter set forth, it is agreed by and between the parties as follows:

Rental Agreement, Credit Card Authorization, and Damage Waiver:

All Guests are required to sign a Guest Rental Agreement within 48-hours of making a booking in order for the booking to be confirmed. If a Guest Rental Agreement is not completed within this allotted time, the Company reserves the right to cancel a booking at their sole discretion.

All properties are inspected before and after each arrival or departure. Guests agree to pay for any damage to the units, excessive cleaning required at check-out, missing or damage to the units’ contents, or any other accidental damage to anything within the rental unit during the rental period.

Unless otherwise stated in the signed copy of your Guest Rental Agreement, you have opted into our third-party Damage Waiver program through Truvi. As part of this program, each reservation is charged $99 USD (non-refundable) which covers up to $5,000,000 USD in damage.

In the event that any damages are recorded above this amount, the Guest authorizes the payment of any said damage or missing items to the credit card on file.

The sleeping capacity of each property is clearly indicated in each listing and limited to the number of beds provided. Often, extra sleeping capacity is not possible at a property and extra guests beyond the maximum sleeping capacity are not allowed without the express written permission of The Agency Baja, in advance, and in writing. When approved, additional guests may be subject to additional fees dictated by the Company or Homeowner for whom the Company represents. Unless otherwise stated, each additional guest exceeding the maximum sleeping capacity will incur an extra fee per guest, per night.

NO PETS, SMOKING, PARTIES, or EVENTS of any kind are allowed unless specifically requested by the Guest and approved by the Company. Violations of these terms are subject to a $500 USD fee for pets, plus any additional required cleaning or replacement of items/furniture within the home and smoking shall incur a fee of $2,000 USD plus any additional required cleaning or replacement of items/furniture within the home.

Payment Terms, Cancellations and Rebooking

If Reservation is canceled, all payments will be forfeited. (Please see below rebooking details and options for this policy).

Terms include a No Tolerance Policy regarding excessive noise, parties, or disturbing neighbors. Please make sure you are comfortable with our Terms as they are strictly enforced.

RESERVATIONS: All Reservations are subject to Company and Property Owner approval. Online rates are subject to change without notice. Should a booking be confirmed at incorrect rates, we will notify you immediately to find a resolution. While we do our best to ensure that all properties are advertised on our website and other channels accurately there may be some circumstances in which properties are unavailable or become unavailable before the time of arrival. In these events we will do our best to re-accommodate Guests in homes of equal or greater value. If a home of equal or greater value cannot be located, or the offered property does not meet the criteria of the Guest, the Guest will be entitled to a refund equal to 100% of the initial payment, or total monies received by the Company.

PROPERTY: Guest agrees to rent, for vacation purposes only, the furnished real property and improvements described.

ARRIVAL & DEPARTURE: Check-in time is at 4:00 PM on arrival date. This time may be delayed should unforeseen circumstances arise. Check-out time is no later than 10:00 AM on the departure date. Early Check In and Late Check Out options are available for an additional fee of $100 USD, when available. If Early Check and/or Late check out are approved you will get an email confirmation from the reservation team.

RESERVATION/BOOKINGS, DEPOSITS AND FINAL PAYMENTS

DEPOSITS: The reservation/booking deposit is 50% of total rental fee (in USD) at time of request for reservation. Final payment is due 60 days prior to the arrival date. All reservation requests made 60 days or less prior to arrival dates require full payment of rental fee to confirm the request. Extensions and/or modifications may be requested, and we will do our best to accommodate.

ONE YEAR REBOOKING POLICY: Reservations may be rebooked for up to one year from the originally scheduled arrival date. Requests for rebookings must be made in writing and submitted to us no less than 60 days prior to arrival. Rescheduling is subject to availability and rebooking reservations are subject to a 10% rebooking fee of the total amount of the original booking. Only one (1) rebooking per reservation is permitted. No rebooking of reservations made for the following holidays can be rescheduled: Christmas & New Years Weeks, Thanksgiving, Presidents Day, Spring Break, and Easter Weeks.

ALL PAYMENTS/DEPOSITS ARE NONREFUNDABLE:
In the event that Guests require a cancellation or wish to be refunded for payments made, whether as a deposit or in full, a claim may be filed with the third-party Travel Insurance company to recoup any monies paid to the Company. The Company has no direct affiliation with the provider of such Travel Insurance and any determinations made by the provider of such policy are final. Company shall have no liability for any claims that are declined, partially or in-whole, and shall not be obliged to make any repayment to the guest in the event that a claim is denied or Travel Insurance is not purchased by the Guest at the time of booking.

CANCELLATIONS & REFUNDS:
If it is necessary for you to cancel a reservation more than 60 days prior to arrival we will attempt to re-rent the property for the entire period of the original booking. If the property is fully re-rented, a refund will be made, less a cancellation charge of 10% of the original reservation. Partial re-rentals or rentals obtained at a lesser rate will allow for a prorated refund based on the total original booking amount, if applicable.In the event that there is a deficiency between the original reservation amount and the new booking amount, which creates a remaining balance owed greater than the amount offset by the new booking, no refund will be issued. Every effort will be made to re-rent the property but in those cases where we are unable to secure another rental, we regret that no refunds can be made. All cancellations must be communicated in writing no less than 60 days prior to your arrival dates. There are NO refunds whatsoever for the following Holiday Periods – Spring Break, Thanksgiving, Christmas and New Years. Except as specifically provided herein, all of our commissions and fees, and any expenses that you or others incur in respect of the accommodations and services that we provide, are absolutely non-refundable.

TERMS OF USE FOR BOOKED PROPERTIES

STRICT NOISE ORDINANCE: We have a strict noise ordinance that must be followed in all properties. No loud noises, music, vehicles, or other disturbances are allowed between the hours of 10:00 pm and 7:00 am. If a disturbance occurs between these hours Guests may be fined and/or asked to vacate the property at the sole discretion of the Company.

NO PARTIES: Some of our rentals are in residential areas and may NOT be used for weddings, receptions, parties, or large gatherings unless authorized, in writing by The Agency Baja. Any disruptive events not disclosed prior to arrival can result in the eviction of the property and forfeiture of the entire rental amount plus additional fees including the security deposit.

APPROVED GUESTS AND USE: The Premises are for the sole use as a personal vacation residence by Approved Guests. The Guest which facilitates the booking is responsible for any/all additional guests that use the property during the dates reserved. Guests may not exceed Max Occupancy for Property at any time. If the Premises are used, in any way, by more than max allowed guests, (i) Guest and all others may be required to immediately leave the Premises or be removed from the Premises; (ii) Guest is in breach of this Agreement; and (iii) Guest forfeits its right to return of any monies collected.

OCCUPANCY: No unlawful activity or any other activity that constitutes a nuisance is permitted on Premises. Approved Guests shall take full responsibility for all lost, broken, damaged, stolen, or missing items, and any damages to the Property in their entirety. The fair market value of replacement for such items shall be automatically deducted from the credit card on file and no disputes shall be raised by the Guest for such charge.

ILLEGAL SUBSTANCES: No illegal substances are allowed in the rental, and minors should not be in possession of alcohol. Violations will result in eviction from the property and no refunds will be issued.

SECURITY DEPOSIT: A Valid Credit Card to be kept on file is required upon Reservation. Each reservation will be charged a non-refundable Damage Waiver for $99.00 which covers up to $3,000 in accidental damage. Some properties may require a refundable damage deposit in addition to this waiver and such properties are determined solely by the Homeowner. Such deposits will be refunded in their entirety if no damage occurs or partially in the event that damage is reported by the Owner, Cleaners, or Staff of the home.

Should damages exceed the amount covered in the Waiver, or that of the Security Deposit, Guests agree to be responsible for such damages and agree to make payments on the Credit Card on file for any such costs. Guest hereby grants consent to charge Credit Card on file for any damages, missing items, excessive cleaning, fines, and, if necessary, cost incurred to remove Guest from property.

CLEANING: Premises will be delivered to Guest(s) in a professionally cleaned condition. Should Guest’s use and activity require more than regular cleaning services, Guest will be charged for associated excess costs.

CONDITION OF PREMISES: Guest(s) shall, on arrival, examine the Premises, all furniture, furnishings, appliances, fixtures and landscaping. Should any items be discovered upon this review and such items are not in operating condition, or are in disrepair, the Guest shall immediately report their concern in writing. Reporting repairs does not give Guest the right to cancel this Agreement or receive a refund of any payments made.

LOST ITEMS OR LEFT ITEMS: Management assumes no responsibility for lost, stolen or abandoned items. Reasonable effort will be made to contact the Guest for return. There will be a $50 USD handling charge plus shipping costs for any found items returned at Guest’s request. Management shall not be held liable for the condition of said items upon return. Any items not claimed for longer than 30 days, may be donated or sold.

MAIL SERVICES: If you desire to ship an item to the property during your stay you may send a package by FedEx or UPS to the The Agency Baja office. We cannot guarantee delivery or security of the package and the delivery of the order will be up to the shipping client and the shipping receiver to arrange. **We are not responsible for any lost, damaged or delayed deliveries. Returning late deliveries after a guest has left will incur an additional fee, plus cost of shipping.

TV/CABLE/INTERNET/SATELLITE: No refund shall be given for number of devices, outages, content, or lack of content or personal preferences with regard to cable/internet/satellite service. Services are provided as a convenience only, and are not integral to this agreement. No refund shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to service.

AIR CONDITIONING/HEATING: All rentals are equipped with air conditioning. Guest agrees that air conditioning shall not be set below 70 degrees. Doors and windows shall be closed when either heat or air conditioning is in operation. There are no refunds for lack of, or malfunctioning, HVAC units.

POOL AND SPA: Guest agrees not to tamper with pool heat controls or manipulate heater in any way. Pool heat shall not exceed 86 degrees. Some homes allow for Free Pool Heating as a part of the home’s offering while some homes require an additional fee for pool heating. Read the Property Description and Guest Rental Agreement thoroughly to determine if additional fees apply. Guests understand that the area surrounding the pool and spa may not be fenced or secure. Guest understands and agrees to be responsible and liable for any damages that occur to the pool and spa and its support equipment through Guest misuse and/or negligence. If the Guest is accompanied by minors, children, or infants they agree to use Pool and Spa at their own risk and that minors must never be unaccompanied in or near the Pool or Spa. All risks associated with using the Pool or Spa are the sole responsibility of the Guest and neither Company nor homeowner for which the Company represents shall be held liable for any events as a result of Guest use, including, but not limited to, injury or death.

SYSTEM(S) FAILURES: In the event the rental unit sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, hot tub or other system or structural systems, neither the property owner nor the Company shall be liable to Guest for damages, and no refunds will be given for such failures. However, Management will make an effort to promptly repair or replace the failed system or equipment, and in such event, Guest agrees to permit Manager or its service provider to have reasonable access to the property to inspect and make such repairs.

UNFORESEEN OCCURRENCES: Company will not assume liability for any loss, damage or inconvenience caused by but not limited to the following: weather conditions, natural disasters, pests, construction, acts of God, or other reasons beyond its control. There shall be no refunds available as such instances are beyond the control of Management. It is highly recommended that Guests consider travel insurance.

RULES; REGULATIONS: NO COMMERCIAL USE. Guest agrees to comply with any and all rules and regulations that are at any time posted on the Premises or delivered to Guest. Guest shall not, and shall ensure that Guest and licensees of Guest shall not: (i) disturb, annoy, endanger, or interfere with other Guests of the building in which Premises is located or its neighbors; (ii) use the Premises for any commercial or unlawful purpose including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband; (iii) violate any law or ordinance; or (iv) commit waste or nuisance on or about the Premises (v) engage in acts for the commercial creation of video content or pornography without the Company’s consent, or (vi) engage in any act related to the sex trade, sex trafficking, or prostitution.

MAINTENANCE & REPORTING: Guest(s) shall properly use, operate and safeguard the Premises including, if applicable, any landscaping, furniture, furnishings, appliances and all mechanical, electrical, gas and plumbing fixtures, and keep them clean and sanitary. Guest shall immediately notify Management of any problem, malfunction or damage. Guest shall pay for all repairs or replacements caused by Guest, excluding ordinary wear and tear. Guest shall pay for all damage to the Premises as a result of failure to report a problem, malfunction or damage in a timely manner.

ENTRY: Company and Company’s representatives and agents have the right to enter the Premises, at any time, (i) for the purpose of making necessary or agreed repairs, decorations, alterations, improvements, for maintenance or to supply necessary or agreed services; (ii) to verify that Guest has complied with the terms of this Agreement; or (iii) in case of emergency. Management and Managements representatives and agents have the right to enter the Premises, upon reasonable notice of at least 24 hours, to show the Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers or contractors.

PARKING: Guests are instructed to follow the posted signs for parking at or near the rental. Where possible, parking is offered in the garage or carport that accompanies the property. In situations where private parking is not available, it is suggested that guests utilize street parking. Beware: signage in Mexico is different from that of other Countries. A red cross through an E indicates No Parking. Curbs that are painted in the colors yellow, blue, or red, likely do not constitute a public parking spot. All local laws apply and the Company shall not be liable for any parking tickets or towing as a result of Guests parking.

TERMINATION OF OCCUPANCY: At the Agreed upon time, stated in the Guest Rental Agreement, Guest shall: (i) return all copies of all keys or opening devices to the Premises, including any common areas; (ii) vacate the Premises and surrender it to Management empty of all persons at agreed upon time; (iii) vacate any/all parking and/or storage space; and (iv) deliver the Premises to Management in the same condition less ordinary wear and tear as received upon arrival.

WEATHER/FORCE MAJEURE: Company cannot be held responsible for circumstances beyond our control. This includes excessive noise from construction or public/private events, wildfire/smoke, excessive wind or rain, hurricanes, tsunamis, weather related interruptions, political insurrection or instability, violence, problems with public infrastructure, road closures, interruption of services and utilities, or unexpected appliance malfunction or breakdown.

PERSONAL PROPERTY AND INJURY: (i) Guest’s personal property, including vehicles, are not insured by Company, the Homeowner for which the Company represents, or applicable HOA for which oversees the community for which the home is located against: loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause.

(ii) Company/Homeowner/HOA does not insure against personal injury to Guests, due to any reason other than the condition of the Premises.

(iii)Travel Insurance: Company recommends that Guests carry or obtain insurance to protect Guest and licensees and their personal property from any loss or damage.

INDEMNIFY AND HOLD HARMLESS: Guest agrees to indemnify, defend and hold harmless Owner and Company from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage or injury to Guest or licensees or their personal property.

MEDIATION: Guest agrees to mediate any dispute or claim arising out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved.

JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Guest, the individual who completes payment for the booking and/or signs the Guest Rental Agreement shall be responsible for the actions, individually and collectively for each additional Guest at the property. The Guest Rental Agreement is a binding contract which ensures that all Guests to the premises are completely responsible for the performance of all obligations under this Agreement, jointly and individually.

ENTIRE CONTRACT: This Agreement is intended as a final expression of the Terms expected between the Company and its Guests and may not be contradicted by evidence of any prior agreement or contemporaneous oral statements or understandings. Further, this Agreement constitutes the complete and exclusive statement of its Terms. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforceability of the remaining provisions of the Agreement. All Terms contained herein shall be evaluated with a common sense, or common law understanding based on the established laws of Mexico and the United States.

RELEASE: In consideration of the right to visit the home, Guest agrees to release to the fullest extent allowed by law, the Company and the Homeowner for which the Company represents along with any affiliated members, officers, associates, employees, agents, representatives, attorneys, assigns, from any and all liability or responsibility of any kind whatsoever for any personal injury, death, property damage or other loss sustained by the Guest, the Guest’s minor children, or any other person allowed onto the property during the rental dates.