Payments can be made by:
Visa, Mastercard, AMEX or Check.
Mail check payments to Kivoya, 10115 E. Bell Rd. Ste 107, PMB 200, Scottsdale, AZ 85260
For any payment questions please contact us at firstname.lastname@example.org
This agreement becomes binding even if only submitted electronically and not signed and/or when initial payment is received, whichever happens first.
RESERVATIONS AND DEPOSITS
All reservations require a payment of 50% to hold chosen dates. The remaining balance shall be paid no less than thirty days prior to the reservation date. If the reservation is generated within thirty days of travel, such reservation shall be paid in full. If the corresponding payment is not received on time, the Company reserves the right to determine, at its sole discretion, if such reservation is still standing and if the payment is accepted or if the reservation is canceled without having to return any money collected prior. No Guest will be allowed into the Property without full payment received.
Cancelations will abide by the policies of the platform in which the reservation is generated. When reservations are made directly to the Kivoya website, by email or by phone to Kivoya or any of its employees’ reservations will be non-refundable.
We highly recommend that you spend a few extra bucks to purchase travel insurance to have peace of mind if your plans were to change for any reason. If you do not purchase travel insurance and must cancel your trip due to unforeseen circumstances we will do our best to honor your stay up to six months after your original date of arrival at no penalty whatsoever to you, however, we will not be able to refund any money.
RESERVATION PRICES DO NOT INCLUDE
Expenses and items not mentioned, including, but not limited to; transportation, tips for personal services, meals, insurance, telephone calls and other items of a personal nature.
SECURITY DEPOSIT PROTECTION
This is a non-refundable deposit protection plan that covers unintentional damages to the interior of the rental property that occurs during your stay provided they are disclosed to management prior or at check-out. The policy will pay a maximum benefit of $500 USD. Any damages that exceed that amount will be charged to the credit card on file or we will contact you for payment information.
We trust that you will report any damages intentional or unintentional that occur in the rental property by any member of your party. Intentional damages and/or theft are not covered through the Security Deposit Protection Plan, thus it will be the responsibility of the guest. Loss of towels, beach towels, or any other inventory items are not covered and must be paid by the guest.
In the case that a Security Deposit Protection Plan is not purchased we reserve the right to require a security deposit. Refundable deposits charged will be refunded upon inspection of the unit after your visit. In the event that there is damage, missing items, or problems, you agree to be responsible for the cost of such You agree to pay for all Damages and Late Fees by credit card used at time of booking. Should that method of collection not cover the total amount, you agree to remain liable for the balance and allow for collections by any means necessary.
LIABILITY AND INTENT
Neither the Company nor the Owner shall be liable or responsible for any accidents and/or injuries to any guest before, during, or after their stay. Kivoya, its affiliated businesses, owners, agents, shareholders and employees (“Affiliates”) are not responsible for any delays, lost or stolen items or theft of any kind including but not limited to personal items cars, clothes, money, and jewelry.
The Company and its Affiliates shall not bear any liability for accidents, injury or other which may occur during any activities inside or outside the property regardless of if they were recommended by the Company or its employees.
This includes but is not limited to restaurants, excursions, tours, spas, and any other activities. In no event will the Company or its Affiliates be liable for any indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with this agreement or the rental or use of the Property.
If, despite the limitations contained herein, the Company or its Affiliates are found liable for any loss or damage which arises out of or in any way is connected with any of the occurrences described herein, then the Company’s or its Affiliates’ liabilities will in no event exceed the greater of one hundred United States dollars of the total related rental revenue paid by the Guest at the time of the occurrence.
In addition, the Guest acknowledges that any use of the pool, hot tub and/or beach are entirely at the guest’s own risk. Guest acknowledges that children and all other non-swimmers should be supervised at all times. Children shall also be supervised at all times near windows and balconies.
Mexico does not conform to the United States American Disabilities Act standards. If any guest requires special services or facilities please contact a reservation agent for additional information.
DESTINATIONS and other countries will require a valid passport and/or visa among other documents. Guest is responsible to learn about any requirement in advance to arrival. Failure to comply with legal documentation to enter the country does not make us liable for any losses or damages that may result from the Guest’s inability to enter the country and thus arrive to the property. The Company is not liable for any risk that may be associated with the destination and it is also not responsible for any weather or seasonal conditions that may affect or impact the use of the Property and surrounding areas, including but not limited to beaches and roads.
The Company and/or its Affiliates are not responsible for limited signal strength in phones or the internet, absence and/or interruption of telecommunication services including but not limited to phones, internet, cable, and satellite reception. In addition, the Company is not responsible for any lack of electricity due to power outages having to do with storms, the electrical company (CFE in the case of Mexico), or by any means outside of our control. The Company cannot be responsible for any water shortages that may occur from time to time due to lack of water. Please consult governmental travel reports, including alerts, warnings and advisories before entering into this agreement.
There is a possibility that construction projects may be taking place during the guest’s visit to the property. We will make every attempt to notify you in advance if Kivoya believes this could disturb your stay, however, we have not control over these situations and are therefore not obligated to any refunds or relocations.
MAJOR FORCE SITUATIONS
Neither the Company, its Affiliates, nor the Owner will be liable for any damages, losses or injuries caused by conditions outside of our control, including, without limitation, any flood, fire, hurricane, tsunami, tropical storm, war, revolution, terrorism, change in any law, regulation, or government policy.
We will not share your information with third parties.
Should the property become unavailable for any reason during the Guest’s agreed occupancy, Kivoya reserves the right to relocate the guest to the best available and comparable property. In the event of any malfunction in the property such as AC, refrigerator, stove, etc. Kivoya will make its best effort to repair the damaged item as soon as possible and if the malfunction precludes the guest from staying at the property Kivoya will make its best effort to offer the guest a similar or better place to stay. Kivoya will not issue any partial or full refunds for malfunctions in the properties. Guest understands that issues like this can happen anywhere and are beyond Kivoya’s control.
If making this reservation online customer is responsible for the accuracy of information made during the booking and cannot hold the Company, the unit owner and/or any of their affiliates responsible for errors.
Check-in time is at 4 pm.
At least one person 21 years or older must stay in the unit overnight, every night of the reservation.
Please keep property and furnishings in good order and use appliances only for their intended use.
Air Conditioner is very expensive, we kindly ask you to help our costs in check by turning it off when not in the unit.
CREDIT CARD PAYMENTS AND GUEST ID
Guest authorizes Kivoya to charge the credit card provided any charges incurred by Guest prior, during or after the Guest stay. Furthermore, Guest understands that the SAME, VALID, CREDIT CARD MUST DE PRESENTED AT CHECK-IN along with a VALID ID. To check-in, we request to provide in-person the credit card with which we generated the reservation as well as identification that corresponds to the guest responsible for the payment. In case of not providing this information, we reserve the right to deny access to the property to the guest and companions. All information provided will be for the confidential use of the company. Only in case of emergency can this information be shared for security purposes.
Guest is responsible for any and all damages, injuries, and losses of any type in connection with the occupancy of the Property by any person staying in the Property. Guest is responsible to make sure that the property, its furniture, fixtures, equipment, and effects, remain in the same condition and location as when Guest checked-in.
Guests can not perform any illegal activity at the Property of any activity that could reasonably be considered a nuisance or annoyance to the Owner or the occupants of neighboring areas. Pets are not allowed in the Property unless explicit consent is given in writing or mentioned on the website. The total number of guests shall not exceed the number allowed mentioned in the website. Parties of any type are not allowed in any of the properties unless permission is granted in writing with reservation confirmation. Guest shall abide by the rules and regulations of the property and shall respect the property at all times.
Additional services such as the ones offered by personal concierge may be offered by the Company to help organize the Guest’s visit or improve the Guest stay. Guest is under no obligation to purchase any of the additional services offered. Guest understands that additional services offered may be provided by people or businesses that operate independently of the Company. The Company and its Affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such service provider or for any personal injuries, property damage or other damages or expenses relating hereto.
Check out time is 11 a.m. We ask you to please abide by this time so that we can serve our guests properly.
When you check out, we kindly ask you to:
- Secure all doors and windows. When opening the windows, please make sure that you move the blinds or window treatments out of the way.
- Bag all trash and place in dumpster at condos, place in trash container at cottages.
- Turn off all lights, fans, AC, stove, and electric appliances.
- Please turn the air conditioner off.
- Return all keys and bracelets to the manager or the dropbox in the Kivoya office.
Firearms, Firecrackers, Fireworks and Other Explosives are Prohibited.
Pets: Pets are only allowed in specific homes. NO PETS where prohibited.
Smoking: There is a strict NO SMOKING policy in all of our units. An automatic $150 USD Deep cleaning fee will be charged in addition to other damage.
Fish Cleaning: Absolutely NO FISH CLEANING permitted in property.
Hot Tub: No children under the age of 12 are permitted in hot tubs at any time without adult supervision. When using the hot tub, remember there is a health risk associated with this facility. Use at risk.
Water and Septic: Properties may be on well and septic systems. The mineral content in the water is high. During a drought, the well water may have an odor. The septic system is very effective; however, it will clog up if improper material is flushed. DO NOT FLUSH anything other than toilet paper. No feminine products should be flushed at any time. If it is found that feminine products have been flushed and clog the septic system, you could be charged for all damages.
Pools: No person under 14 years of age is allowed in the pool without adult supervision. No running or rough play, No glass allowed, No pets, please wear proper pool attire.
Outside Guests: Outside guests may not stay overnight, shall abide by the same rules and regulations as the renter, and the renter is solely responsible for such guests.
Guests will abide by the HOA rules and regulations. Fines charged by the administration will be passed on.
ATV’s & Motor Vehicles: are not allowed at any time on the beach. Any complaint about this from any neighbor will result in an automatic $200 USD penalty plus any damages.
Illegal substances or immoral acts are strictly prohibited.
Hazardous, poisonous, corrosive, or flammable substances in or around the property are strictly forbidden.
Noise: Parties and loud music are not allowed in any of our rentals. Please consider the neighbors.
Nothing contained in this Agreement shall be construed as waiving any of the CLIENT`s or Kivoya team`s rights under the law. If any part of this Agreement shall conflict with the law, that part shall be void to the extent that it is in conflict, but shall not invalidate this Agreement nor shall it affect the validity or enforceability of any other provision of this Agreement.
VENUE FOR DISPUTE
This Agreement shall be governed by and construed in accordance with the laws of Mexico without regard to conflicts of laws principles. For anything related to any and all controversy, claim or dispute arising out of or relating to this Agreement or the breach thereof, the Parties hereby expressly submit themselves to the jurisdiction of the competent courts of the City of Guadalajara, Jalisco, Mexico, irrevocably waiving any other jurisdiction that may correspond to them because of their present or future domicile or for any other reason. The prevailing party shall be reimbursed for all reasonable attorney’s fees and costs in addition to other damages awarded.