RESERVATION POLICY

1. Except for holiday season dates Dec. 23 – Jan 5 when 100% of the stay is due to confirm your reservation, A 75% deposit of the total tree house cost including taxes is required to secure your reservation. Once the booking has been processed, you will receive a confirmation email that details your booking summary. Please review the information carefully and contact us by email with any questions or changes. Also included will be important travel information.
2. Please review our Ajal Tulum Tree House Boutique Hotel  Cancellation Policy below.
3. The remaining balance of your total room cost including taxes is due prior to check in. Ajal Tulum accepts cash (Mexican Pesos, US Dollars and Euros), and credit card (Visa, Master Card and American Express). Traveler’s checks or personal checks are not accepted.
4. A minimum night stay is required at certain times of the year. Please consult with our calendar for times of the year when a 2 or 3 night booking is required.
5. Deposits are non-refundable. Depending on certain circumstances, in the sole discretion of hotel ownership, vouchers may be given for future use.
6. We highly recommend you purchase separate Travel Insurance in case of an unforeseen event.
7. Pets are not permitted on the Ajal Tulum property.
8. We are a quiet, adults-only property. Guests must be at least 18 years ofage.(Rev. 12/26/20)

 CANCELLATION POLICY

1.  All cancellations must be requested by email. Cancellations made by phone or text will not be honored.
2. We will not issue refunds or credits for flight cancellations in any circumstances. Please take out additional travel insurance to protect against flight cancellations.
3. Any changes to your reservation must be received no less than thirty (30) days prior to your original arrival date via email. Changes are subject to availability.
4. There are no credits or refunds issued for reservation changes that reduces the number of nights stayed.
5. No refunds or credits will be issued due to tropical storms, hurricanes or bad weather; including any errors or inconveniences caused by a hurricane’s direct hit, near miss, or significant threat of a hurricane strike.
6. Ajal Tulum Tree House Boutique Hotel is not liable for any costs or evacuation inconveniences due to tropical storm, hurricane or other catastrophic events including but not limited to pandemics such as Corona Virus.
   (Rev. 12/26/20)

 

 

TERMS OF USE AND AGREEMENT

The individual named below (“Guest”), who is over the age of eighteen (18) desires to make use of the vacation rental (the “Ajal Tulum Tree House”) and accompanying grounds located between Av 30 & Av 35 Bis, on Region 012, SM 007, MZ 930, Lot 003, Tulum, Mexico, PC 77760 (and more specifically described on Exhibit A attached hereto) (the “Property”) provided by Desarrollo Ajal Tulum HP, LLC, (the “Company”). As lawful consideration for being permitted by the Company to make use of the, Property, Guest agrees to all the terms and conditions set forth in this agreement (this “Agreement”).

1. Guest agrees to follow all rules and procedures regarding the use and occupancy of the Property and shall abide by the below rules. Such rules may include, but are not limited to, the following:
   • No pets of any kind may be brought on the Property;
   • Guest may not cause any damage (including any carving of graffiti) to the Property, Tree House or any tree located on the Property;
   • Unless otherwise to the contrary by written permission by the Company, Guest agrees that only two individuals will make use of the Property during the term of this
   • Guest shall not cause or permit any damage to be cause to the Property, including any furniture, fixtures, appliances, house ware, structure of the Property and other related items;
   • Check-in time is 3:00 pm and check-out time is 11:00 am, unless otherwise agreed upon by the parties hereto;
   • Guest may have access to the property described on Exhibit B attached hereto for hiking and recreational purposes only, proved that such access is not disruptive to other guests. Guest shall be responsible for any waste, damage, or repairs necessary to the Property described on Exhibit B attached hereto; and
   • Guest shall not cause excessive or loud noise on the Property
   • Tranquility (peace and quiet) is an essential value to the Property. Guest shall not play loud music, shout, or otherwise disturb the tranquility of the Property.

GUEST HEREBY EXPRESSLY CONSENTS TO THE RULES AND PROCEDURES DELINEATED ABOVE AND HEREBY AGREES TO PAY ANY COSTS ASSOCIATED WITH THE ENFORCEMENT OF THE ABOVE OR THE COSTS OF REPLACEMENT OR REPAIR INCURRED IN CONNECTION WITH ANY DAMAGE CAUSED TO THE PROPERTY.

NOTWITHSTANDING THE FOREGOING SENTENCE, GUEST HEREBY AGREES THAT ANY DAMAGE TO THE TREE HOUSE OR ANY TREE ON THE PROPERTY CAUSED BY CARVING OR GRAFFITI SHALL RESULT IN A $1,500 FINE, PAYABLE TO THE COMPANY IMMEDIATELY. GUEST FURTHER CONSENTS THAT IF DAMAGE CAUSED BY CARVING OR GRAFFITI TO THE TREE HOUSE OR ANY TREE ON THE PROPERTY REASONABLY EXCEEDS THE $1,500 FINE, GUEST SHALL BE RESPONSIBLE FOR ANY AMOUNT IN EXCESS OT THE AFOREMENTIONED FINE.

2. Guest agrees to allow Company or its representatives access to the Property should Company determine such access is necessary.
3. Guest agrees not to use the Property in any manner that disturbs nearby residents or guests or in any manner which violates applicable laws and ordinances.
4. Guest agrees to be responsible for any damages or excessive cleaning costs resulting from the use of the Property by Guest.
5. Company is not responsible for any personal property which is lost, left behind, stolen or damaged on the Property.

RELEASE OF LIABILITY AND INDEMNITY AGREEMENT

6. Guest expressly waives and releases any and all claims, now known or hereafter known, including buy not limited to claims for personal injury, against the Company, and its officers, directors, employees, agent affiliates, members, successors and assigns (collectively, “Releases”) arising out of or in connection with the use of the Property, whether arising out of the negligence of the Company or any Releases or otherwise.
7. Guest hereby acknowledges that hiking, outdoor activities and the rental of the Property include certain inherent risks and unanticipated risks which could result in bodily harm, physical or emotional injury, paralysis, death or damage to myself, my property or to third parties. Guest acknowledges that such risks include, but are not limited to, the following (i) being struck by fallen rock, tree or other object from above, (ii) the hazards of walking on uneven terrain or trails, (iii) the risks of exposure to poison ivy, or similar poison tree sap, insect bites, or other injuries inflicted by animals, insects, reptiles or plants and (iv) the risks of falling while climbing, hiking or staying on the Property. Guest further certifies that Guest, and any guests or invites of Guest, has no physical or medical condition that would interfere with the safety in staying at the Property.

RELEASE OF LIABILITY AND INDEMNITY AGREEMENT

Guest agrees to defend, indemnify and hold harmless the Company and all other Releases against any and all losses, damages, liabilities, claims, actions, judgments, settlements, interests, fines, costs, or expenses of whatever kind, including attorney fees, incurred by, arising out of, or resulting from any claim of a third party related to the use of the Property during the period of time in which the Company has allowed Guest to occupy or use the Property.

8. Guest agrees to pay all court costs and reasonable attorney fees incurred by Company in the enforcement of Company’s rights under this agreement.
9. Nothing stated in Sections 7, 8 and 9 shall limit the release of liability and indemnification of the Guest that may be entered into under a separate release of liability or indemnification agreement.
10. This Agreement constitutes the sole and entire agreement of the Company and Guest with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreement, representations and warranties, both written and oral, with respect to such subject matter.
11. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
12. This Agreement is binding on and shall inure to the benefit of the Company, it Members and their respective successors and assigns.
13. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the state of Quintana Roo without giving effect to any choice or conflict of law, provision or rule (where of the State of Quintana Roo or any other jurisdiction). Any Claim or cause of action arising under this agreement may be brought only in the state court located in municipality of Tulum and I here by consent to the exclusive jurisdiction of such courts.

BY BOOKING FOR USE OF AJAL TULUM FACILITIES, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.

Privacy

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible Confidentiality We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Confidentiality

We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Disclaimer

Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:  excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and  excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website. This Company’s logo is a trademark of this Company in Mexico, the United States and other countries. The brand names and specific services of this Company featured on this web site are trademarked.

Communication

We have several different ways to contact us – These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

Force Majeure

Ajal Tulum Tree House Boutique Hotel (Ajal Tulum) shall not be liable for any failure to perform any obligation under any Agreement which is due to an event beyond it’s control including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Ajal Tulum if affected by such event shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled here under shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

Copyright Desarrollos Ajal Tulum HP SA de CV 2018-2019 All Rights Reserved.