Legal

Terms & Conditions

Luxury Short-Term Vacation Rental & Services Agreement — Villa Amira, El Pedregal, Cabo San Lucas, B.C.S., Mexico. These terms govern any reservation at the Property and are entered into between the Provider (Villa Amira) and the Guest as of the signing date of the booking agreement.

1. Parties

  • Provider / Manager / Host: Villa Amira, a Mexican company with registered address Cerrada del Patrón 15, Mza 21, L 31, Pedregal, Cabo San Lucas, B.C.S., CP 23453, Mexico.
  • Guest / Primary Renter: the person executing the booking agreement.
  • Provider and Guest may be referred to individually as a “Party” and collectively as the “Parties.”

2. Property; Stay Dates; Check-In / Check-Out

  • Property: Villa Amira, Cerrada del Patrón 15, Mza 21, L 31, Pedregal, Cabo San Lucas, B.C.S., CP 23453, Mexico.
  • Check-In Time: 15:00 local time. Check-Out Time: 11:00 local time.
  • Guest acknowledges that early check-in and/or late check-out is not guaranteed and may only be possible if there is no check-out scheduled on the day of check-in and no check-in scheduled on the day of check-out.

3. Accommodations; Capacity; Staff Limits

  • 3.1 Maximum Occupancy (Strict). Maximum occupancy is 21 people total for the 8-bedroom configuration and 29 people total for the 11-bedroom configuration. No exceptions without Provider’s prior written approval.
  • 3.2 Outside Staff (Pre-Approved Vendors). Any external event or party planner, production crew, entertainment, décor or event staff must be pre-approved in writing by Provider, and is subject to compliance with El Pedregal rules, access procedures, and conduct standards. Provider reserves the right to deny or revoke access in cases of non-compliance with community regulations, safety, or security concerns.
  • 3.3 Visitor Control. Guest is responsible for ensuring that no unregistered guests or visitors enter the Property beyond permitted limits. Provider may require identification at entry.

4. Included Services; Excluded Services

  • 4.1 Included Services (in Total Price): Lodging at the Property for the Stay Dates; daily routine housekeeping (excludes extraordinary mess, biohazards, stains requiring specialty treatment, or deep cleaning caused by misuse); concierge services and house staffing (House Manager, Butler, Chef, Waiter) provided and managed by Villa Amira for normal operation of the home; one-time welcome courtesy service upon arrival, including margaritas, chips, guacamole, and salsa.
  • 4.2 Excluded / Additional Services. Any services not expressly listed above are not included and will be quoted separately, requiring Guest’s written approval before delivery — including but not limited to private chef services, event-related staffing, special equipment rentals, transportation, premium concierge arrangements, groceries, off-site experiences, additional staffing hours, or special security requirements.
  • 4.3 Third-Party Vendors. Provider is not responsible for the acts or omissions of independent third-party vendors outside Provider’s direct control, though Provider will use reasonable care in vendor selection.

5. Pricing; Payments; Due Dates; Chargebacks

  • 5.1 Total Price. The total price for the Stay and Included Services (the “Total Price”) is provided by inquiry and confirmed in writing in the booking agreement.
  • 5.2 Payment Schedule. Full payment (100% of the Total Price) is due immediately upon signing the booking agreement to reserve the dates and confirm the reservation. If the agreement is signed within 30 days of check-in, 100% of the Total Price is due immediately.
  • 5.3 Payment Method; Fees. Payment shall be made via wire transfer approved by Provider. Guest is responsible for any bank fees, intermediary fees, FX charges, or processor fees unless Provider confirms otherwise in writing.
  • 5.4 Non-Payment / Late Payment Remedies. If any amount is not paid by the due date, Provider may, without liability: (1) cancel the reservation pursuant to Section 10 (treated as Guest cancellation); (2) deny access to the Property; and/or (3) assess late charges at 1.5% per month (or the maximum allowed by law, whichever is lower), plus collection costs.
  • 5.5 Chargebacks / Payment Disputes. Guest agrees not to dispute or reverse charges (“chargeback”) for services properly provided under this Agreement. Chargebacks related to non-refundable deposits or cancellations made in accordance with this Agreement constitute a material breach, and Guest will be liable for the disputed amount plus reasonable administrative and legal costs.

6. Security Deposit (Refundable Damage Deposit)

  • 6.1 Amount and Due Date. Guest shall pay a refundable security deposit of USD $5,000 (the “Security Deposit”), due no later than the Final Payment due date (or immediately upon signing for bookings within 30 days).
  • 6.2 Use of Security Deposit. Provider may apply the Security Deposit against: physical damage to the Property, furniture, décor, linens or equipment; missing items; extraordinary cleaning; smoking remediation; rule violations, fines, penalties or third-party charges caused by Guest or Guest’s party; unpaid balances or additional approved services.
  • 6.3 Return Timeline. Any unused portion of the Security Deposit will be returned within seven (7) days after check-out, following inspection and confirmation of no damage or unpaid amounts. If deductions are made, Provider will provide an itemized statement.
  • 6.4 Security Deposit Not a Liability Cap. The Security Deposit is not a limit on Guest’s responsibility. If damages or charges exceed the Security Deposit, Guest remains fully liable and shall pay upon demand.

7. House Rules (Strict); No Parties; No Smoking; No Pets

  • 7.1 No Parties / Events. No parties, events, gatherings, DJ/music events, ticketed events, filming/production, or commercial activity are permitted at the Property without Provider’s prior written approval. Where event use is approved on a case-by-case basis, all event details, vendors, schedules, sound levels, guest counts, setup and breakdown must be submitted in advance and approved in writing by Provider or its designated contractor prior to the event being performed. Unauthorized events or any deviation from the approved scope constitute a material breach and may result in immediate termination/eviction (Section 12), forfeiture of amounts paid, and liability for all resulting costs, fines, damages or penalties.
  • 7.2 No Smoking. Smoking is strictly prohibited inside the Property. Any evidence of smoking inside (odor, ash, burns, cigarette butts, etc.) may trigger deep-cleaning/ozone remediation and replacement costs charged to Guest, and may be grounds for immediate termination.
  • 7.3 No Pets. No pets are allowed unless Provider grants prior written approval. Unauthorized pets may trigger additional cleaning fees and/or termination.
  • 7.4 Compliance with Provider Instructions. Guest shall comply with all reasonable instructions from Provider/Villa Amira staff for safety, community compliance, and property protection.

8. El Pedregal Community Rules; Quiet Hours; Fines

  • 8.1 Mandatory Acceptance of El Pedregal Rules. The Property is located within El Pedregal, which maintains neighborhood rules including specific noise and quiet-hour requirements and enforcement. Signature acceptance of the El Pedregal rules document (the “Pedregal Rules”) is mandatory. Provider will supply the current Pedregal Rules for Guest’s signature before check-in (or earlier). Failure to sign within 48 hours of receipt constitutes a material breach and Provider may cancel the reservation in its discretion (treated as Guest cancellation under Section 10).
  • 8.2 Fines and Penalties. Any fines, penalties, fees, citations, enforcement costs or security charges assessed by El Pedregal or any authority due to the conduct of Guest, occupants, visitors or outside staff (including noise violations) shall be paid by Guest immediately upon demand and may be deducted from the Security Deposit and/or charged to Guest’s payment method.
  • 8.3 Noise Compliance. Guests acknowledge that noise compliance is strictly enforced. Guests shall ensure that music and outdoor activity are kept within permitted levels and hours, and that the group respects neighbors and community standards.

9. Condition; Maintenance; Utilities; Access for Service

  • 9.1 Condition on Arrival. Provider will deliver the Property in guest-ready condition. Guest shall notify Provider within 4 hours of check-in of any material cleanliness or maintenance issues; otherwise the Property will be deemed accepted as delivered.
  • 9.2 Access for Cleaning / Staffing / Repairs. Guest authorizes Provider/Villa Amira staff and service personnel to access the Property as reasonably necessary to provide included services, perform repairs, address emergencies, and ensure community compliance, using reasonable efforts to respect Guest privacy.
  • 9.3 Outages / Interruptions. No refunds shall be owed for temporary outages or interruptions (internet, water, electricity, HVAC, pool equipment, etc.) beyond Provider’s reasonable control, provided Provider uses commercially reasonable efforts to remedy the issue.

10. Cancellation; Refund Policy; Date Changes

  • 10.1 Reservation Deposit Non-Refundable. The Reservation Deposit is non-refundable because the dates are removed from the market and operational commitments are made.
  • 10.2 Guest Cancellation. If Guest cancels 30 days or less before check-in: no refund of amounts paid toward the Total Price. If Guest cancels more than 30 days before check-in: the Reservation Deposit remains non-refundable, and any amounts paid above the Reservation Deposit will be refunded minus non-recoverable costs incurred by Provider on Guest’s behalf (if any).
  • 10.3 Date Changes. Date changes are subject to availability and Provider’s written approval. Provider may treat a date change as a cancellation and rebooking for pricing/policy purposes.
  • 10.4 Early Departure. No refunds are provided for early departure, no-shows, or unused nights.

11. Guest Responsibilities; Damages; Extra Cleaning

  • 11.1 Care of Property. Guest is responsible for the conduct of all occupants, visitors and outside staff, and shall ensure proper care of the Property and furnishings.
  • 11.2 Damages and Missing Items. Guest shall be liable for damage, breakage, stains, missing items and misuse occurring during the Stay, normal wear and tear excepted.
  • 11.3 Extraordinary Cleaning. If additional cleaning is required due to excessive mess, spills, stains, vomit, bodily fluids, smoke odor, glitter/confetti or misuse, Guest shall pay all cleaning and remediation costs.

12. Default; Termination; Eviction

  • Provider may terminate this Agreement and require Guest to vacate immediately for any material breach, including but not limited to: exceeding occupancy limits; smoking inside; pets without approval; noise violations or community enforcement actions; illegal activity; non-payment or chargebacks.
  • If termination occurs, Guest forfeits amounts paid to the maximum extent permitted by law and remains liable for damages, fines and costs. Provider may involve security and/or authorities as necessary.

13. Liability; Assumption of Risk; Indemnity

  • 13.1 Use at Own Risk. Guest acknowledges risks inherent to luxury homes and resort environments (stairs, balconies, wet surfaces, pools, outdoor areas, ocean hazards, wildlife, etc.) and accepts responsibility for safe conduct.
  • 13.2 Pool & Jacuzzi Safety. The Property includes an outdoor pool and jacuzzi, which are not enclosed by any fencing. As the renter, Guest is responsible for the safety and protection of anyone on the property, especially as it pertains to people using the pool and/or jacuzzi, including children and visitors. Adult supervision, extreme vigilance and responsible behavior must be exercised whenever someone is in the pool area. At minimum: never leave a child unattended near the pool or jacuzzi; children should use flotation devices; share safety instructions with anyone using the pool; 911 works in Mexico; never let anyone use the pool or jacuzzi unattended.
  • 13.3 Limitation of Liability. To the maximum extent permitted by law, Provider shall not be liable for indirect, incidental, special or consequential damages. Provider’s total liability arising from this Agreement shall not exceed the amounts actually paid by Guest under this Agreement, except where prohibited by law.
  • 13.4 Indemnity. Guest agrees to indemnify and hold harmless Provider, the property owner (if different) and their respective employees and agents from any claims, losses, liabilities, fines, damages or expenses (including reasonable attorneys’ fees) arising out of the acts, omissions, negligence, breaches or misuse of Guest, occupants, visitors or outside staff.

14. Force Majeure (Including Weather Events)

  • Provider shall not be liable for failure or delay in performance due to events beyond reasonable control (including hurricanes, severe storms, flooding, fire, earthquake, government actions, utility failures, or similar events). If the Property becomes unsafe or uninhabitable, Provider will work in good faith to determine an appropriate resolution based on actual circumstances, availability of alternatives and applicable law. No guarantees of refunds are made unless required by law or expressly agreed in writing.

15. Governing Law; Venue; Language

  • This Agreement shall be governed by the laws of Baja California Sur, Mexico, without regard to conflict-of-law principles. The Parties submit to the competent courts located in Los Cabos / Cabo San Lucas, Baja California Sur, unless mandatory law provides otherwise.
  • This Agreement is drafted in English. If translated, the English version controls unless required otherwise by law.

16. Notices

  • Provider Notices. Email: eduardo.villaamira@vg-re.com | Phone / WhatsApp: +52 (624) 192-2148.
  • Guest Notices. Email and phone as specified in the booking agreement.
  • Notices shall be deemed given when delivered by email or message with reasonable evidence of transmission.

17. Entire Agreement; Amendments; Electronic Signatures

  • This Agreement and its appendices constitute the entire agreement between the Parties and supersede prior discussions. Any amendment must be in writing and signed by both Parties. Electronic signatures and counterparts are binding.

Last updated: May 2026