Vacation Rental Contract

Terms and conditions applicable to every Sotavento Villas reservation. Version 3.0 · Julio 2026 · Versión en español

1. The Parties

This Short-Term Vacation Rental Contract (the “Contract”) is entered into between Sotavento Villas, Inc. (the “Host”), acting as booking agent for the property owner, and the person making the reservation and/or payment (the “Guest”). The Guest represents being at least 25 years old and accepts this Contract on behalf of every occupant and invitee in their group, and is responsible and liable for the acts and omissions of each of them during the stay.

2. The Property & Permitted Use

The Host rents to the Guest the villa identified in the reservation (the “Property”), exclusively for lawful residential vacation use. Subletting, reselling the reservation, commercial use of the Property, and commercial photography or filming without prior written authorization are prohibited.

3. Occupancy & Registered Guests

The Guest may occupy the Property from check-in to check-out as stated, up to the maximum number of occupants agreed in the reservation. Upon the Host's request, the Guest will provide the occupant list (name and age). Persons above that maximum — including unregistered day visitors without written consent — incur a penalty of $500 USD per additional person per night, due immediately, and are cause for termination without refund. Events, parties or gatherings require prior written authorization, an event fee and, where applicable, an additional deposit.

4. Rate, Taxes & Payment Schedule

The total rate is the one shown to the Guest before paying, with its itemized breakdown (stay, cleaning and applicable taxes, including VAT and the state Lodging Tax). Schedule: (a) if check-in is within 60 days of booking, 100% is due immediately to confirm; (b) otherwise, a 50% deposit within 48 hours and the balance no later than 60 days before check-in. Card payments carry a 3.5% bank fee. Prices are quoted in the stated currency (USD or MXN); the issuing bank's FX rates or fees are the Guest's own. Manifest pricing errors may be corrected before or promptly after confirmation, with the Guest's option to cancel for a full refund. Quintana Roo's Visitax is each foreign visitor's personal obligation and is not included. If the balance is not received when due, the Host may cancel the reservation and amounts paid are forfeited per clause 8.

5. Charge Acknowledgment (Descriptor)

The Guest acknowledges that reservation charges will appear on their statement under Sotavento Villas' billing descriptor, and that payment may consist of two authorized installments (deposit and balance) per clause 4, which do not constitute a recurring subscription.

6. Charge Authorization

By paying any part of the reservation, the Guest expressly authorizes Sotavento Villas to charge — including off-session — the card used or any other payment method the Guest has provided, for: (a) the reservation balance when due; (b) damage to the Property or its contents documented per clause 7; (c) excessive cleaning, missing items, penalties under this Contract and fees for requested services; and (d) reasonable costs arising from the Guest's removal for Contract violations. The Guest agrees not to remove the payment method associated with the reservation until 30 days after check-out. This authorization survives until 30 days after check-out. Amounts uncollected for more than 120 days may be referred to a collections agency, with the associated costs borne by the Guest.

7. Security Deposit & Damage Procedure

Where the reservation so states, a refundable security deposit or a card held on file as guarantee is required. The Guest must return the Property in the condition received. The Host will document any damage within 14 days after check-out with verifiable evidence (photographs, inventory, receipts or repair estimates) and share it with the Guest, who will have an opportunity to respond before charges are applied. The deposit is returned within 14 days after check-out, less documented deductions. The Guest is liable for the full amount of damage caused by their group even if it exceeds the deposit; any excess is charged per clause 6.

8. Cancellation Policy

All cancellations must be requested in writing to hola@sotaventovillas.com. Full refund: (a) within 48 hours after booking, if check-in is 90+ days away; or (b) cancelling up to 90 days before check-in (120 days for arrivals between December 15–27). Stays including December 28 – January 15 and holiday periods designated non-refundable are strictly non-refundable. After those deadlines, amounts paid are 90% non-refundable. This policy applies without exception to any cause attributable to the Guest, including but not limited to: illness or medical emergency, flight cancellation or delay, weather without an official destination closure, change of plans, or fear of travel. The 3.5% card-payment bank fee is refundable only for cancellations within the 48-hour grace window. Amounts retained under this clause constitute liquidated damages for commitments already made to the owner and expenses incurred, and not a penalty. The Host may additionally offer, at its discretion, to apply part of the amounts paid as credit toward a future reservation within the following 12 months. Date changes: in writing, more than 90 days in advance, subject to availability and rate difference.

9. No-show & Early Departure

Failure to arrive without prior written cancellation is treated as a cancellation on the arrival date: no refund is due and applicable amounts may be charged under this Contract. Early departure generates no refund or credit for unused nights.

10. Force Majeure

If a force-majeure event with an official government declaration (e.g., a hurricane closing the destination or airport) prevents the stay, the Host will grant a credit of amounts paid to rebook within the following 12 months, subject to availability and seasonal rate difference; force majeure does not generate cash refunds. If the Property becomes unavailable for reasons not attributable to the Guest (sale, damage or owner withdrawal), the Host may relocate the group to a villa of equal or superior category or, at the Guest's option, refund all amounts paid; those alternatives are the Guest's sole remedy, with no liability for consequential costs (e.g., flights). Unfavorable weather without an official closure, sargassum or other natural beach/ocean conditions, and construction noise from neighboring sites outside the Property do not constitute force majeure and give no right to refund or compensation.

11. House Rules

Indoor smoking is prohibited ($500 USD penalty plus deep-cleaning costs and lost nights due to odor). Pets only with written authorization and the applicable fee; an unauthorized pet incurs a charge of up to $1,000 USD and possible eviction. Quiet hours: noise audible outside the Property is prohibited from 10:00 p.m. to 8:00 a.m. The Guest agrees to comply with the condominium's or development's rules and municipal ordinances; fines generated by the group's conduct are passed through in full.

12. Facilities & Assumption of Risk

The Property may include pools, jacuzzis, terraces, docks and access to the beach and ocean with NO lifeguard on duty. The Guest knowingly, freely and willingly assumes these risks for themselves and their group, and agrees to supervise minors at all times. Use of such facilities is at the Guest's own risk.

13. Optional Services (Pool Heating, Chef & Others)

Optional services (e.g., pool heating, private chef, grocery pre-stocking, transfers) are quoted and charged separately. Pool heating, when contracted, targets a temperature range that may not be reached in cold or windy conditions; operating costs do not change, so no refund applies if the target temperature is not reached, nor proration if contracted mid-stay.

14. Utility & Equipment Failures

Temporary interruptions of electricity, water, gas, internet, TV or air conditioning, and failures of equipment or systems (including pumps, pools and plumbing) generate no refund or compensation, provided the Host makes commercially reasonable efforts to repair promptly. Plumbing: only toilet paper may be flushed; the cost of unblocking caused by misuse (wipes, feminine products, grease or objects) is borne by the Guest.

15. Natural Environment

The Property is located in a tropical environment that is a natural habitat for wildlife and insects; their occasional presence (including geckos, crabs or birds), as well as natural beach and ocean conditions — including sargassum — are normal phenomena beyond the Host's control and give no right to a refund. The Property receives periodic fumigation and maintenance.

16. Right of Entry

The Host and its staff may enter the Property at reasonable times with prior notice for inspection, maintenance or repairs, and without notice in an emergency. Unjustified refusal of access for urgent repairs constitutes a breach by the Guest.

17. Check-out, Holdover & Left Items

Early or late check-in/check-out requires written approval and may carry a fee. Unauthorized holdover after check-out incurs a charge of two times the nightly rate per day or fraction, plus the actual costs of relocating displaced incoming guests. Lost keys or remotes and after-hours locksmith services carry replacement fees. Items left behind are kept for 30 days and may then be donated or discarded; shipping is at the Guest's cost plus a handling fee.

18. Exterior Video Surveillance

For security, the Property may have EXTERIOR video cameras (entrances and perimeter). There are no indoor cameras and no audio recording. The Guest and their group acknowledge and consent to this exterior surveillance.

19. Identity Verification & Third-Party Payments

As an anti-fraud measure, the Host may require before check-in: government ID of the cardholder, a match between the cardholder's name and the registered Guest, and billing-address verification (AVS). If the payer is not the staying Guest, the cardholder must sign a charge-authorization form and provide ID. If verification is not satisfactorily completed, the Host may cancel the reservation and refund amounts paid, with no further liability.

20. Travel Insurance

The Host strongly recommends purchasing travel insurance with cancellation coverage (ideally “Cancel For Any Reason”), which typically must be bought within days of the deposit. By declining it, the Guest fully assumes the economic risk of any cancellation under clause 8. Before granting any refund, the Host may require the Guest to confirm they do not hold insurance or another mechanism reimbursing the same amounts.

21. Termination & Eviction

Breach of this Contract — including illegal activity, over-occupancy, unauthorized events, abuse of staff or neighbors, or intentional damage — is cause for immediate termination and eviction of the group, without refund of amounts paid and without prejudice to other applicable charges.

22. Liability, Indemnity & Cap

The Host acts solely as booking agent. To the maximum extent permitted by law: (a) the Guest releases the Host and the owner from liability for injuries, losses, theft or damage to persons or property during the stay; (b) the Guest will indemnify and hold them harmless against third-party claims arising from the group's conduct; (c) neither party is liable for indirect, incidental or consequential damages; and (d) the Host's total liability is capped at the amount actually paid for the reservation. Nothing above limits liability for willful misconduct or bad faith, nor non-waivable consumer rights under applicable law.

23. Chargebacks & Card Disputes

The Guest agrees to first contact the Host (hola@sotaventovillas.com) to resolve any concern before initiating a bank dispute or chargeback, and acknowledges that charges made under this Contract are valid and authorized; the electronic-acceptance evidence (clause 24), the breakdown shown at payment and the accepted cancellation policy may be presented to the issuing bank. If a chargeback is resolved in Sotavento Villas' favor, the underlying debt remains due and the Guest additionally agrees to cover the actual costs generated by the dispute: payment-processor fees, handling expenses and reasonable legal and collection fees, chargeable per clause 6. This clause does not limit the rights the law grants the Guest.

24. Electronic Acceptance & Preservation

This Contract is accepted electronically by checking the acceptance box and/or completing payment at Sotavento's secure checkout. Under Articles 89 bis and 93 of Mexico's Commercial Code, the data message has full legal effect and satisfies written-form and signature requirements. The record of date and time, IP address, e-mail, phone, accepted Contract version and last card digits constitutes the Guest's electronic signature and binding evidence of acceptance (equally recognized under the U.S. E-SIGN Act for U.S. guests). The parties agree that such data message — and, where obtained, its preservation certificate under NOM-151-SCFI-2016 — constitutes the binding original of this Contract.

25. Personal Data

The Guest's personal data is processed under Sotavento Villas' Privacy Notice (available at sotaventovillas.com), pursuant to Mexico's Federal Law on Protection of Personal Data Held by Private Parties, for reservation, anti-fraud verification, billing and in-stay service purposes.

26. Governing Law, Language & Final Provisions

This Contract is governed by the federal laws of Mexico and the laws of the State of Quintana Roo. The parties will attempt in good faith to resolve any dispute by direct negotiation and, failing that within 30 days, by mediation; otherwise they submit to the competent courts of Cancún, Quintana Roo, waiving any other venue. To the maximum extent permitted by applicable law, disputes shall be brought on an individual basis only, and the parties waive class or collective actions. This Contract is executed in Spanish with a courtesy English translation; in case of discrepancy, the Spanish version prevails. It is the entire agreement between the parties; it may only be amended in a writing signed by both; failure to enforce any provision is not a waiver of future enforcement; and if any clause is held invalid, the remaining clauses remain in full force.

Sotavento Villas, Inc. · sotaventovillas.com · The sheltered side of the wind