Vibeaway Rental Agreement
THE PARTIES. This Short-Term Rental Agreement ("Agreement") made on xxx by and between the following:
Guest: ("Guest")
Host: John Cashman john@villapuravidapv.com 619-921-1074
THE PREMISES. The Host agrees to rent the described property below to the Guest, and the Guest agrees to rent from the Host:
Property Address: Carretera Costera a Barra de Navidad 777 Unit #2, Amapas, Puerto Vallarta 48399
Hereinafter known as the "Premises."
This rental agreement will not be binding upon the Host and the Host will have no legal duty to provide access to Villa Pura Vida until all monies due hereunder to the Host have been paid by the Guest.
RENTAL TERM. The Guest will have full control and use of the Premises starting xxx from 3:00 pm and ending xxx at 11:00 am ("Rental Term"). The Guest shall remove its goods and effects and peacefully yield the Premises to the Host in as good a condition as when delivered to Guest.
RENTAL PAYMENTS.
TBD
SECURITY DEPOSIT. Guest shall pay to Host, in trust, a security deposit of $1,500 to be held and disbursed for any Guest damages to the Premises or other defaults under this Agreement (if any) as provided by law. The Security Deposit will protect the Host against damage or theft to the Premises including any cleaning beyond the standard cleaning fee. The deposit will be returned within 5 days of the check-out date after the Guest vacates if the Premises is not damaged and no theft has occurred. Deposit may be applied by Host to satisfy damage repairs caused by Guest or to replace stolen items and such act shall not prevent Host from claiming damages in excess of the deposit. The Guest is held financially responsible for damages to Premises, whether made by themselves, their family, and/or another guest in their group or invitee. Alternatively, if the Guest purchases a Vacation Rental Damage Policy for up to $1,500 in coverage, a Security Deposit is not required. Proof of purchase of the Rental Damage Policy is due 15 days before check-in or a Security Deposit will be required.
CHECK IN. The Host provides a local team to provide check-in services for the Guest. There is a self-service front door key lock pad for use during the stay. Details on the check-in procedure and key pad code will be provided within 5 days upon execution of this agreement as detailed in the Welcome Guide.
OCCUPANTS. No more than 7 person(s) may occupy the Premises at any one time unless prior written consent of the Host is obtained. All guests over the age of 21 are counted towards the maximum. Any party falsely representing the number of people, or exceeding the maximum may be subject to immediate eviction without refund.
USE OF PREMISES. The Guest shall the Premises for residential use only. The Guest is not authorized to sell products or services on the Premises or conduct any commercial activity. Commercial photography is not allowed at the Premises.
ILLEGAL ACTIVITY. The Guest shall use the Premises for legal purposes only. Any other such use that includes but is not limited to illicit drug use, verbal or physical abuse of any person or illegal sexual behavior shall cause immediate termination of this Agreement with no refund of pre-paid rental fees.
POSSESSIONS. Any personal items or possessions that are left on the Premises are not the responsibility of the Host. The Host shall make every reasonable effort to return the item to the Guest in a timely manner.
QUIET HOURS. Quiet hours begin at 11 pm each night and continue until 8 am. Quiet hours consist of no loud music and keeping all audio at a minimum level. Guests and their guests shall not disturb, annoy, endanger (fireworks), or Inconvenience neighbors nor use the Premises for any unlawful purposes.
UTILITIES. Guest shall be responsible for paying all utilities if Guest is staying at the Premises for more than 30 days.
PETS. The Host does not allow pets. There are no pets allowed on the Premises. If the Guest is found to have pets on the Premises, this Agreement and any Security Deposit shall be forfeited.
SMOKING. Smoking is strictly forbidden inside the Premises. If evidence of smoking is found, the Guest shall be charged a $300 fine.
TRASH. The Guests shall dispose of all waste material generated during the Rental Term under the strict instruction and direction of the Host.
PARKING. There is free Guest parking right in front of the entrance of the Premises. There is space for up to 4 vehicles.
POOL. The pool is available for the private use of the Guests. The Guests must exercise caution in using the pool as it has steps up/down and assume responsibility for any children using the pool as there is not a fence or gate around the pool.
INSURANCE. Host and Guest shall each be responsible to maintain appropriate insurance for their respective interests for the Premises.
CANCELLATIONS. (a) If the Premises become unavailable to the Guest prior to occupancy, for any reason, the Host agrees to refund the full amount paid to the date of cancellation, and the Guest agrees to release any claims against the Host. (b) If the Guest cancels this Agreement 30 days before check-in, the guest is entitled to a full refund. If the guest cancels between 30 and 14 days prior to check-in, the guest receives a 50% refund. If the guest cancels less than 14 days before check-in, no refund is provided.
ACCESS BY HOST OR DESIGNEE TO PREMISES. With 24 hours’ notice to the Guest, the Host shall have the right to enter the Premises to make inspections or provide necessary services or repairs. However, the Host does not assume any liability for the care or supervision of the Premises while under the possession of the Guest. As provided by law, in the case of an emergency, violation of the house rules, or a party or event, the Host may enter the Premises without the Guest's consent and without notice.
POOL, GARDENING AND OTHER MAINTENANCE AND REPAIRS. The Host employs a local team to manage the Premises. During the stay, the local Manager, Pool or Maintenance team may stop by to maintain the Premises. Each team member has an unique access code to enter the Premises, but they will always knock and announce their arrival and ensure it’s ok to enter the Premises to perform their function. If the Guests are not home, the local team has the authority to enter the Premises to perform their duties.
INDEMNITY REGARDING USE OF THE PREMISES. Guest hereby agrees to indemnify, defend and hold harmless the Host and its agents from and against any and all damages, claims, losses, fees penalties, costs, and expenses (including reasonable attorneys’ fees), suffered, incurred or sustained by Host resulting from or arising out of (i) Guest’s breach of any representations, warranties or covenants hereunder; (ii) any loss or damage to the Premises, personal injury or loss of life (including to Guest and/or those in Guest’s party); (iii) Guest’s use of the Premises and its amenities, except to the extent that such may be the result of the Host's gross negligence or willful misconduct; or (iv) Guest’s violation of any laws or statutes during the Term.
DANGEROUS MATERIALS. Guest shall not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises or that might be considered hazardous by a responsible insurance company.
COMPLIANCE WITH REGULATIONS. Guest shall promptly comply with all laws, ordinances, requirements, and regulations of the federal, state, county, municipal and other authorities, and the fire insurance underwriters. However, the Guest shall not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature.
ASSIGNABILITY/SUBLETTING. Guest may not assign or sublease any interest in the Premises.
GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of California. Any legal dispute shall be venued in the San Diego Superior Court. In any legal dispute, the prevailing party shall be entitled to its reasonable attorney’s fees and costs.
ENTIRE AGREEMENT/AMENDMENT. This Agreement contains the entire agreement of the parties and there are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified or amended in writing if the writing is signed by the party obligated under the amendment.
SEVERABILITY. If any portion of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER. The failure of either party to enforce any provisions of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
BINDING EFFECT. The provisions of this Agreement shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors, and assigns.
CAUSE FOR EVICTION. The Guest and all parties with the Guest will be subject to immediate eviction from the Premises if the Guest or parties of the Guest violate any terms of this Agreement, including but not limited to, violation of the occupancy limits, noise ordinance, or parking. In the event of eviction from the Premises the Guest shall forfeit all amounts paid and there will be no refund of money.
Initials for agreement to Eviction Clause _____
ATTORNEY'S FEES AND COSTS. If Host employs the services of an attorney to enforce any conditions of this Agreement, to collect any amounts due, the eviction of the Guest, or because Guest takes any action to recover deposits not due, Guest shall be liable to Host for reasonable attorney's fees and costs incurred by Host.
RULES AND REGULATIONS. The Guest agrees to follow and abide by the additional Rules and Regulations issued by the Host, and any and all other Rules and Regulations that may be issued by the Host.
Failure to abide by the following rules may lead to immediate eviction without refund and/or may include additional charges to the Guest.
● Parties and Events are strictly prohibited
● Early check-in may incur an extra charge
● Late check-out may incur an extra charge
● If there are any complaints from neighbors about the Guest or others in the Guest’s party, the Guest will be in default hereunder.
● If the police are called to the Premises for any reason, the Guest shall be in default.
● If the Host receives any type of citation, warning, or fine from the City or County or other
governmental body due to the actions or inactions of Guest, the Guest shall be in default.
● If the Guest violates any noise ordinances or plays loud music after midnight, the Guest shall be in default.
ASSIGNMENT. Guest shall not assign this Agreement or any of its rights hereunder, or delegate any of its responsibilities, obligations, or performance hereunder, in whole or in part, without Host’s written consent in each instance. The Host may assign this Agreement to any third- party upon written notice to the Guest.
LIQUIDATED DAMAGES. Guest and Host agree that in the event Guest and/or anybody from Guest’s party breaches any of the Rules and Regulations outlined above, the damages would be very difficult to quantify. Guest and Host further acknowledge that (i) the amount of loss or damages likely to be incurred is incapable or is difficult to precisely estimate, (ii) the amount specified below bears a reasonable relationship to, and is not plainly or grossly disproportionate to, the probable loss likely to be incurred in connection with Guest’s breach and (iii) the amount listed below is not a penalty. Thus, in light of the foregoing, in the event Guest and/or anybody staying at the Premises during Guest’s stay and/or anybody from Guest’s party breaches any of the Rules and Regulations outlined above, Guest shall pay a penalty equal to 25% of the total Agreement rental amount outlined herein.
ACKNOWLEDGMENT. The Parties hereby understand and accept the terms and conditions on all pages of this Agreement.
Host Guest
Date Date
Signature Signature

