Molino De Agua 601

Rental Rules Agreement/Contract

This Rental Rules Agreement/Contract covers the property located at:
Residencias Molino de Agua, Aquiles Serdan 195, Unit #601, Col. Emiliano Zapata C.P.48380, Puerto Vallarta, Jalisco, Mexico

1. CHECK-IN TIME IS AFTER 3 P.M. CST AND CHECK-OUT IS 11 A.M. CST. NO Early Check-in or late check-out, without prior written approval from LANDLORD.
2. This is a NON SMOKING unit. Smoking is not permitted in the unit.
3. Pets are not permitted in rental units under any conditions.
4. FURNISHINGS – All furnishings are provided for the enjoyment of guests during their stay. Under NO CIRCUMSTANCES should furniture (including television sets) be moved within or between rooms, or removed from the unit. Doing so may damage the furniture and/or the floors. Any damage caused by moving furniture will be billed to the Tenant
5. ENTERTAINMENT EQUIPMENT – Televisions, Bluetooth speakers, desktop computer, printer and other entertainment devices as well as Internet service (including WiFi) are provided as a convenience for Tenants during their stay. The Landlord will do his best to ensure that all equipment is present and in working order during the Tenant’s stay, however the Landlord will not be held liable for any compensation to the Tenant if such equipment is not present (for any reason) or in working order for the full duration of the Tenant’s stay. Upon check-in, the Landlord or his representative will review the operation of the televisions and internet with the Tenant and note any operational issues (e.g. TV remotes not working, internet not working). The Tenant agrees that they will NOT reprogram or reset ANY of the equipment, including but not limited to Televisions, Television Remotes, Internet Modem, and WiFi Router and will contact the Landlord or his Representative to resolve any operational issues. If it is determined that the Tenant reprogramed, reset or otherwise caused the equipment to not work properly, the Tenant will be responsible for the cost of having the equipment reprogrammed or repaired. Such cost will be deducted from the Tenant’s Security Deposit.
6. SECURITY DEPOSIT- A Security Deposit of $500 is required 30 days prior to arrival. The Security Deposit is fully refundable provided the following provisions are met.
a. No damage is done to unit or its contents, beyond normal wear and tear.
b. No damage is done to the unit or its contents as a result of moving furniture
(including television sets) between or within rooms.
c. No items such as kitchen utensils and appliances, entertainment devices,
artwork, sculptures or accessories are missing or damaged.
d. No entertainment equipment (as noted in Section 5) is reset or reprogrammed by the Tenant so as to require reprogramming or repair by a service technician.
e. No charges are incurred due to contraband, pets or collection of rents or services rendered during the stay.
f. All debris, rubbish and discards are placed in dumpster, and soiled dishes are placed in the dishwasher and cleaned.
g. All keys and building passes are returned to the Property Manager.
h. All charges accrued during the stay are paid prior to departure.
i. No linens are lost or damaged.
j. No Early check-in or late check-out.
k. The renter is not evicted by the owner (or representative of the owner), the
local law enforcement, or the security company employed by Molino de Agua.
In lieu of, or in addition to the refundable Security Deposit, Tenants have the option to purchase non-refundable Property Damage Protection (PDP) insurance.
Tenants occupying the property will be responsible for any damages caused by the individual or their guests, to the property or its contents during their stay. Cost for damage will be limited to repairs or replacement value of the items damaged. Upon check-in you will be required to sign a damage deposit form. Unlawful activities, including illegal drug use will not be tolerated.
7. DEPOSITS AND FINAL PAYMENTS – An advance payment deposit equal to 50% of the rental rate is required within five (5) business days of the reservation booking, unless other arrangements have been made with the Landlord, as outlined in the SUMMARY OF PAYMENTS section above. (Exception: For all Christmas, New Years and American Thanksgiving reservations, a 50% deposit is required and balance is due 60 days prior to arrival). The advance payment will be applied toward the total rental fee. Please make payments in the form of traveler's checks, bank money orders, cashiers checks or personal checks payable to Michael Fillman. Credit cards are only accepted if booked through VRBO and are subject to a 3% convenience fee. The advance payment is not a damage deposit. Your reservation will be CONFIRMED via email once the initial deposit is received. The BALANCE OF RENT plus SECURITY DEPOSIT is due thirty (30) days before your arrival date. If your reservation is less than thirty (30) days from the booking date, full payment is due within five (5) business days of reservation booking. Reservations will automatically be cancelled if funds are not received within five (5) business days of the reservation booking. We reserve the right to treat any reservation as cancelable if payment schedules are not met.
8. CANCELLATIONS – A sixty (60) day notice is required for cancellation. Cancellations that are made more than sixty (60) days prior to the arrival date will incur no penalty and will receive a 100% refund of any deposits or payments, unless noted otherwise in the reservation confirmation. Cancellations or changes that result in a shortened stay, that are made within 60 days of the arrival date, forfeit the full advance payment. There will be no refunds due to acts of God, nature, weather or weather related situations, mechanical failure, earthquake, golf conditions, or any other natural disaster or any other non-controllable situations such as, but not limited to, construction in the area, unusual noise or other disturbances. TRIP CANCELLATION INSURANCE IS STRONGLY RECOMMENDED.
9. MONTHLY RESERVATION CANCELLATIONS – Monthly renters must cancel one hundred twenty (120) days prior to check-in. Monthly renters who make a change that results in a shortened stay must be made at least ninety (90) days prior to check-in.
10. CHANGE OF OWNERSHIP – Notwithstanding the terms of this contract, the Landlord reserves the right to cancel this contract and fully refund any deposits made by the Tenant in the event that there is a change of ownership of the property prior to the departure date as set forth in this contract. In such case, Landlord will not be held liable for any costs or other reimbursements to Tenant other than to return deposits.
11. MAXIMUM OCCUPANCY- The maximum number of guests per condominium is limited to six (6) persons, including children, unless prior written approval from Landlord is received. If more people arrive than stated on the confirmation document, THEY WILL BE DENIED OCCUPANCY.
12. GUESTS – Tenants are responsible for all guests that they bring to Molino de Agua and for any and all damage caused by such guests. Written approval from the Landlord (mike.fillman@gmail.com) is required to have more than 8 GUESTS in the condo at any given time, e.g. for a cocktail party, dinner party, etc. A fee of 500 pesos may be required in such circumstances and Tenant will be required to supply a list of names for all guests.
13. THIS PROPERTY REQUIRES A SEVEN (7) NIGHT MINIMUM STAY. Longer minimum stays may be required during holiday periods. If a rental is taken for less than seven days, the guest will be charged the seven-night rate.
14. INCLUSIVE FEES – Rates include local occupancy taxes and cleaning fees.
15. MAID SERVICE – Three-times per week maid service is included in the rental rate. Additional maid service is available at 400 pesos per day and must be arranged with the Property Manager at check-in.
16. RATE CHANGES – Rates subject to change without notice. There will be no compensation for posted discounts nor will you be charged for any increase posted rates after this reservation confirmation is given.
17. FALSIFIED RESERVATIONS – Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check-in.
18. WRITTEN EXCEPTIONS – Any exceptions to the above mentioned policies must be approved in writing in advance.
19. PARKING – One (1) covered parking stall is provided for Unit 601. It is the responsibility of the renter to ensure that they park in the correct stall.
20. RIGHT TO ENTER – The Owner, Property Manager or representative shall have the right to enter the Premises at any reasonable time during the term of this agreement to inspect the Premises and to undertake and perform such duties and responsibilities that they shall have as owner and/or agents of the premises under this agreement.
21. RESPONSIBILITY – Neither the Property Owner or any of their Agents shall be held responsible for any injury, loss, illness or damage to any person or property of persons occupying the rental property. The rights, if any, of a person occupying the rental property to seek recourse against the Property Owner or Agents for any injury to the person or property of the person shall be governed by the laws of Mexico and determined exclusively by the courts of Mexico having proper jurisdiction. Neither the Property Owners or their Agents shall under any circumstances be held responsible for any disturbance or inconvenience to guests occupying its rental property caused by the actins of its neighbors or unforeseen circumstances in the surrounding area, especially construction due to Puerto Vallarta’s constant investment, growth, upgrades and renovations including but not limited to interruption in power service or water supply. All information provided by the Property Owner while deemed true and reliable, is not guaranteed. Changes in inventory, items and décor may occur from time to time and such changes will not void or alter the terms of the rental agreement.

General
In accordance with the Bylaws, noise from within a unit, including voices and music, must be kept to a minimum level at all times and especially after 11 PM and before 9 AM.
Non-owner occupants who lose their unit door key or tower/gate electronic security card must obtain a replacement from the owner and/or his representative. The Administration office and Security are not allowed to distribute keys at any time.
With the exception of when the owner, his/her immediate family members and/or personal guests are occupying his unit; the number of non-owner occupants in a unit will be limited to a maximum of eight persons. For purposes of this subsection, each minor will be considered as one person. Molino de Agua administration will confirm the exact number of non-owner occupants registered upon arrival.
Holiday decorations are permitted on the condominium front door, terrace and railings during the period of December 1 until January 15.
Under no circumstances can condominium occupants take away the uniform aesthetics of the building by leaning cushions against or hanging anything on terrace railings, including towels, clothing, lights (other than described above regarding Christmas decorations), banner/flags, or any other item.
Excessive watering of flowers or plants on terraces when it involves the overflow of water is not permitted as it is a serious problem that impacts the terraces and railings of owners units and can Impact those units below as well as damage the building facade.
Non-compliance with Molino de Agua Rules and Regulations may result in a visitor being banned or ejected from Molino premises and /or other penalties by the Administrator and Council.

Pool Rules
Use of the pool is at one’s own risk, no lifeguard or attendant is on duty. An adult must accompany children age 12 and younger at all times.
Moral behavior and equal treatment and respect for others at Molino de Agua is expected at all times.
Proper swim attire is always required for children and adults in the pool and surrounding area. Nudity is never allowed. Babies must be in swim diapers.
Lounges, chairs and umbrellas cannot be reserved; they are for use on a first come first served basis. All chairs and lounges when occupied must be covered with towels for health and maintenance reasons. Towels may be removed by Security if pool lounges remain unoccupied for more than 15 minutes and the occupant has vacated the pool area.
Glass and breakable objects are not allowed in the pool or on the surrounding terrace.
Eating is not permitted in the pool except seated at the palapa restaurant area.
Smoking is not permitted in the pool, on the surrounding terrace or any other common area. A smoking area with seating is provided on the river terrace.
Pets are not allowed in the pool or on the surrounding terrace.
Behavior and excessive noise around the pool and all common areas that lessen the enjoyment of others in the area or disturbs the occupants of units nearby is not permitted. Earphones must be used with electronic music devices. In particular, use of the pool between the hours of 11 PM and 9 AM must be done quietly.
Running, diving, horseplay and use of water guns, frisbees and hard balls are not permitted. Only inflatable balls are allowed inside the pool.
Inflatable rafts and toys must not interfere with the use of the pool by others.
Chairs or lounges are not permitted to be moved into the pool.
Washing sand from your feet before entering the pool is required; shoes cannot be worn in the pool including the shallow areas except for clean water sports shoes.
Personal items and garbage must be removed when leaving the pool area.
ANY EMERGENCY AT THE POOL MUST BE REPORTED IMMEDIATELY TO ANY AVAILABLE GUARD OR BY CALLING SECURITY. 223 5618 EXT.3
When entering the pool, users are encouraged to enter via the safety ramp on the far East side or the stairs with the railing on the Southwest side. Those with physical disabilities are required to use the safety ramp.

Safety & Security
Setting glasses and all other items, which might fall off terrace railings or throwing smoking material and other items off terraces is hazardous to occupants below and strictly prohibited.
For security reasons entry by all persons onto the premises between 12 AM and 6 AM must be through the front gate. Guests of non-owner occupants entering between 12 AM and 6 AM must register and leave identification with Security, which will be returned when exiting.
Under no circumstances may drones be flown within the Molino de Agua property.
NOTIFY MOLINO SECURITY IMMEDIATELY OF ANY SECURITY AND/OR EMERGENCY ISSUES. - 223 5618 EXT.3

Pets
Guests are not permitted to have pets.

Enforcement
Non-compliance with the Bylaws, Rules and Regulations of Residencias Molino de Agua by an owner, a non-owner occupant or guest will be dealt with in the manner provided in the Bylaws and may result in curtailment of services and /or financial penalties levied against the owner. Any damages to common areas or furniture by an owner or his guests will be repaired or replaced by the Administration at the owner’s expense.

Penalties
Financial penalties as prescribed in this Bylaw for non-compliance in the following situations will be assessed by the Administrator.
Excessive noise from within a private unit or on common areas; First a warning – $100.00 USD penalty each occurrence thereafter.
Violation of pool rules; First a warning – $100.00 USD penalty each occurrence thereafter.
Violation for Nudity and/or other indecent behavior at the pool or other common areas will result in immediate removal and a ban use of pool, lounges and southwest corner area and a $200.00 USD penalty.
Contamination of pool and common areas; Penalty of $200.00 USD and reimbursement of expenses to correct the problem. In addition, if draining and refilling of pool is necessary, a minimum assessment of $4,000 USD may be required as a result of such violation
Violation of occupancy limitation (number of persons, number of days); Penalty of $200.00 USD for each person in excess and day of non-compliance.
Possession of pet on the premises by a non-owner occupant or pets in excess of two by an Owner; Penalty of $200.00 USD per day – immediate removal of pet from premises.
Hanging anything from terrace rails, including towels, clothes, lights, banners and flags; First a warning – $100.00 USD penalty for each occurrence thereafter.
Violation of any duly approved Molino rules not specified in the penalties listed above can be assessed by the Administrator after approval by Council approval. First a warning - $100.00 USD penalty for each occurrence thereafter.

Anti Harassment and Anti Discrimination Policy
Condominio Residencias Molino de Agua (MDA) is committed to foster an environment where all individuals are treated with respect and dignity. Each individual associated with MDA, including Owners, Renters and Guests, Administrative Council, Administration, staff, vendors and any person associated with MDA activities has the right to enjoy a professional and peaceful atmosphere that is free from bias, prejudice and harassment.

MDA has developed this policy to ensure that everyone associated with MDA can enjoy their participation free from any harassment, (including anything of a sexual nature) or bullying through words or graphic material (verbal or written) or conduct that is abusive, intimidating, hostile or offensive. In addition, this policy prohibits exclusion or discrimination of any kind, including for reasons of someone’s race, color, national origin, age, gender, sexual orientation, gender identity or expression, disability, religion, or political affiliation.

Harassing or discriminatory conduct includes epithets, slurs, negative stereotyping, threatening, intimidating or hostile acts, denigrating jokes or the like whether written, verbal, or graphically reflected on paper, walls, telephones or transmitted through email or social media or through any other electronic means. Individuals who believe they have been victims of conduct prohibited by this policy or believe they have witnessed such conduct should report their concerns to MDA Administration and to the Administrative Council.

MDA encourages the prompt reporting of complaints or concerns addressed in this policy. MDA Administration and/or the Administrative Council will oversee and direct the process so that a prompt investigation can be undertaken and if warranted, rapid and constructive action can be taken to address the situation. MDA will maintain confidentiality throughout the process to the extent consistent with adequate investigation and appropriate corrective action.

The MDA Administrative Council has adopted this policy and is requiring that it be communicated to all Owners, Renters and Guests, vendors, and staff, as well as anyone who is associated with MDA activities.