RENTAL AGREEMENT TERMS AND CONDITIONS

Required

Deposits, Payments, and Cancellations
Accepted Payment Types: All Major Credit Cards, Direct Wire Transfer
Cancellations: See Terms**

Rental Through Booking Channels and OTAs: Please reference your booking platform for your total rent amount in US dollars. Deposits and final payments shall be due as stated above unless explicitly stated otherwise per the terms of the channel from which you booked.

Storms / Force Majeure: If there is a storm or hurricane, refunds will be given only if State or local authorities order mandatory evacuations in a “Tropical Storm/Hurricane warning area” and/or a mandatory evacuation order has been issued for the Tropical Storm/Hurricane area of a vacationing guest. On the date authorities issue a mandatory evacuation order in a tropical storm/hurricane area, we will refund: A. Any unused portion of rent from a guest currently registered with The Agency Baja. B. Any unused portion of rent from a guest scheduled to arrive who wishes to shorten their stay until after the Hurricane Warning is lifted; any advance rents collected or deposited for a reservation scheduled during a Hurricane warning period.

TRAVEL INSURANCE AND REBOOKING
The Agency Baja Travel provides the opportunity to purchase Travel Insurance with one of our preferred coverage providers. Standard Travel Protection is 7% of the total trip cost. Premium Travel Insurance (Cancel for Any Reason) is 10.8% of the total trip cost. In the event guests require 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. The Company has no direct affiliation with the insurance provider and all determinations made by the provider are final. The Company shall have no liability for claims that are denied in part or in full and shall not be required to make any repayment if insurance is not purchased or claims are denied.

ONE YEAR REBOOKING POLICY: Reservations may be rebooked for up to one year from the original arrival date. Requests must be made in writing at least 30 days prior to arrival. Rebooking is subject to availability and includes a 10% rebooking fee based on the total reservation amount. Only one rebooking per reservation is permitted. Holiday reservations (Christmas, New Year’s, Thanksgiving, Presidents Day, Spring Break, Easter Weeks) are not eligible for rebooking. In cases of sudden death in the family or serious health conditions, The Agency Baja may allow up to a 6-month rebooking extension at its discretion.

CANCELLATIONS & REFUNDS

1. Standard Cancellation Schedule: All cancellations must be communicated in writing.

   • 60+ days prior to arrival: Full refund minus 6% administrative fee

   • 30–60 days prior to arrival: 50% refund minus 6% administrative fee

   • Less than 30 days prior to arrival: No refund

2. Holiday Periods: All reservations during Spring Break, Thanksgiving, Christmas, and New Year’s are strictly non-refundable.

3. Third-Party Booking Channels (OTAs): If OTA policies are more flexible, they will apply. However, a 6% administrative fee will still be deducted from any refund.

4. General Terms: All commissions, service fees, and related expenses are non-refundable unless otherwise stated. Travel insurance is strongly recommended.

5. Concierge Services, Upsells & Refund Policy: Concierge services and upsells provided directly by The Agency Baja Travel may be canceled and refunded only if the cancellation request is received at least seven (7) days prior to the scheduled service. In the event of a refund, The Agency Baja Travel will retain 6% of the total payment to cover non-refundable payment processing fees. Concierge services provided by third-party partners, including but not limited to tours, excursions, yacht charters, and other activities, are strictly non-refundable once confirmed, unless otherwise stated in writing by the corresponding service provider.

6. Construction & Surrounding Development: Los Cabos is a rapidly growing destination, and development throughout the region is ongoing. While we strive to be fully transparent and disclose any known nearby construction at the time of booking whenever possible, new construction, maintenance, or renovation projects may begin after a reservation has been confirmed and are entirely outside of our control. Accordingly, construction-related noise, dust, traffic, or any other impacts arising from surrounding development shall not constitute grounds forx compensation, refunds, reservation cancellation, relocation, or any reduction in the rental rate.

DAMAGES, COVERAGES, AND INSURANCE

Does not apply for Airbnb and Vrbo bookings.
Non-Refundable Damage Waiver: $125 USD
Coverage Amount: $50,000 USD
Coverage Type: Physical Damage to Property
Provider: Truvi

Refundable Security Deposit: No unless otherwise stated
Security Deposit Amount: $0.00 USD
Refundable Amount: Paid within 14 days after checkout

The security deposit covers damages to the rental unit, contents, and furnishings. The Agency Baja may apply all or part of the deposit toward repairs. If damages exceed the deposit, the guest remains liable for the balance.

See all applicable terms for damage waiver program and coverages.

Link for damage waiver coverage will be sent only if applicable through the booking channel and must be completed if received.

FEES AND PENALTIES
Lost Key: $100 USD (if provided)
Smoking: $500 USD
Unauthorized Pet: $500 USD
Additional Occupants: $150 USD per guest per night
Early Check-In: Complimentary when possible
Late Check-Out: $200 USD when possible
Deep Cleaning: $75 USD per hour
Minimum Age (Primary Guest): 30 years

Use of Premises: The guest agrees to comply with all local laws, ordinances, and community rules. Any disturbance resulting in police action, neighbor complaints, or violation of rules may result in immediate termination of stay without refund.

NON-POSSESSION AND LIMITED LICENSE
This agreement grants a temporary license only and does not create a landlord-tenant relationship. Guests must vacate the property at the agreed check-out time. Failure to do so constitutes unauthorized occupancy and may result in legal action and additional charges.

HOLDING OVER
Any stay beyond check-out time is unauthorized. Charges will apply at 2.5 times the nightly rate per day or portion thereof, plus 2.5% monthly interest until paid in full. Legal action, eviction, and additional damages may apply. No tenancy rights are created.

PROHIBITION OF ILLICIT ACTIVITIES
The property may not be used for illegal or unauthorized activities including drugs, unauthorized events, commercial activity, or violations of local laws. Violation may result in immediate termination without refund and legal action.

GOOD NEIGHBOR POLICY
This property is in a residential community. Quiet hours are from 10:00 pm to 7:00 am. Excessive noise or disruptive behavior is prohibited. Penalties include: Warning, $1,000 USD fine, and $2,000 USD fine with eviction plus HOA penalties.

HOLD HARMLESS
The guest agrees to indemnify and hold harmless The Agency Baja Travel, property owners, agents, and representatives from any claims, damages, losses, or liabilities arising from guest actions, violations, illegal activity, or personal belongings, except in cases of gross negligence by the owner.

The guest must notify The Agency Baja Travel immediately of any maintenance issues. The Agency Baja Travel is not responsible for issues beyond its control, including power outages, weather events, mechanical failures, or mandatory evacuations.

LOSS OR DAMAGE
Guests authorize charges to their payment method for any damages incurred during their stay not covered by insurance or waiver.

AGREEMENT ACCEPTANCE
By confirming the reservation, the guest acknowledges they have read, understood, and agreed to all terms and conditions and authorize all applicable charges.