Terms & Conditions
FREE PARKING IS AVAILABLE TO VISITORS OF THE PROPERTY
THIS IS AN ADULTS ONLY 18+ PROPERTY
Ajal Tulum and its employees shall not be liable for any damages caused mentally or physically as a result of, or in connection with:
Any delays or cancellations. In the event of a traveler becoming ill during a vacation, or having to cut their vacation short, all hospital and medical expenses are the traveler’s responsibility.
Ajal Tulum shall not liable for any damages caused mentally or physically as a result of, or in connection with the change or cancellation on any of the services, activities, menus, schedules, special promotions advertised or promoted by any means. There are no refunds or credits issued for early checkouts.
There are no refunds or credits issued due to bad weather, tropical storms or hurricanes; including any inconvenience or complication caused by a hurricane’s direct hit, near miss, or significant threat of a hurricane strike. Hurricanes are unpredictable by nature. Please take out Travel Insurance to protect against these and other types of unforeseen events.
Monetary crises, social unrest, political or labor problems, economic changes, electrical outages due to weather, mechanical maintenance or construction difficulties, for any claims, losses, damages, costs, expenses, delays or loss of enjoyment, of any nature or kind whatsoever resulting from events beyond our or a supplier’s reasonable control, including but not limited to acts of Nature (hurricanes, mudslides, earthquakes), flight cancellations or changes, strikes, labor disputes, lockouts, threats or acts of terrorism, acts of war or declared war, hurricanes or weather conditions, diseases or epidemics/pandemics, novel or unexpected conditions and local laws.
Absence of travel documents, visas, passports, health certificates where required. Ajal Tulum is not responsible for advisement of travel and entry requirements.
Loss of items that are not secured in the hotel safe, or for losses incurred when rooms are not locked. Please take out travel insurance.The Hotel is not liable for any other costs, evacuation or inconveniences caused by a tropical storm or hurricane or other catastrophic event.
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 covenants that any other guest staying on the Property shall abide by the below rules. Such rules may include, but are not limited to, the following:
a) No pets of any kind may be brought on the Property;
b) Guest may not cause any damage (including any carving of graffiti) to the Property, Tree House or any tree located on the Property;
c) 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 agreement.
d) Guest shall not cause or permit any damage to the Property, including any furniture, fixtures, appliances, housewares, structure of the Property and other related items;
e) Check-in time is 3:00 pm and check-out time is 11:00 am, unless otherwise agreed upon by the parties hereto;
f) 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
g) Guest shall not cause excessive or loud noise on the Property
h) 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, “Releasees”) 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, judgement, 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 RESERVING A ROOM, 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.