TERMS & CONDITIONS
Welcome to the My Cozumel Vacation (MCV) website, designed to provide vacationers with a venue to research and reserve their stay at rental properties on the island of Cozumel, Mexico. We have personally visited each of the properties listed on our site, as well as the owners of those properties. The photos for each property are what you will find in your rental property, although some small items may have changed (e.g., new furniture pieces or accessories). We strive to keep the photos as current as possible, but cannot guarantee that everything you see is exact. Any changes that are made will be improvements to those properties.
Each property has restrictions on the number of guests (adults and children) that can be accommodated. This is done to avoid overcrowding of the property. If this were to happen, you may not have enough water, towels, and other things. When you make your reservation, we must know how many people (adults and children) will be part of your group. A representative of MCV will meet you at the property within 24 hours of your arrival. If there are more people than are permitted on the property, MCV reserves the right to request that you find other accommodations and your payment will not be refunded.
My Cozumel Vacation uses PayPal for all rental reservations. You do not need a PayPal account to be able to use this service. When you receive your invoice, there will be a link directly to our PayPal account. By using PayPal, you will be given the opportunity to pay with a deduction directly from your bank account (if you have a PayPal account), a debit card, or credit card. It is our goal to provide you with the most secure payment options possible. To secure a reservation requires a down payment of 50% of the total reservation fee including taxes, etc. The balance of the reservation will be due 60 days prior to the date of arrival.
The renter agrees to pay $500 USD as a security deposit, which is not to be considered prepaid rent, nor shall any damages claimed (if any) be limited to the amount of the security deposit. This deposit will be held by MCV and will be returned to the renter within thirty (30) days of departure if no damages or losses have occurred. In the case of damages or loss, MCV will submit to the renter an itemized list of any damages claimed to have been caused by the renter, and return the entire security deposit less damages and other lawful deductions within thirty (30) days after departure.
If the renter cancels the reservation within 60 days of the scheduled date of arrival, any monies paid will be non-refundable. Prior to that time, the monies paid will be refundable less a $150 USD cancellation fee and any processing charges incurred by MCV.
UNAUTHORIZED GUESTS, VISITORS or SERVICE PERSONNEL
Be aware that properties do not allow unauthorized guests, visitors or service personnel (including independent cook services). Inviting unauthorized visitors to the property for parties, dinners, or ‘get-togethers’ or inviting unauthorized personnel (including independent cook services), may result in actions as noted below. Please, if you expect friends to visit during your stay, contact us well in advance so we can get approval for you.
Please note that each property has a designated or approved cook service staff; other services are not permitted. More and more independent cook services have been started on the island; some of which may be excellent. But, it has become a growing concern for owners and managers because there have been some problems. It can be a security issue when unknown individuals are granted entry to a property; these unknowns may have access to keys, entry codes, etc. Owners and managers do not want any safety issues for guests, so they do not want to risk that keys or codes will fall into the wrong hands. And, owners and managers are protective of their properties. For that reason, owners and managers allow only approved staff.
If you exceed the maximum occupancy or invite visitors or unauthorized service personnel into your villa or condo, you can expect one or more of these actions:
• You may be required to pay an extra charge.
• You may be required to find alternative lodging for the extra guests.
• You may be asked to leave the property and forfeit your reservation.
The renter named in the agreement will be responsible for themselves and all guests, whether they are registered in the villa/condo or not. The renter acknowledges that MCV, its owners, employees and agents do not carry personal liability insurance and cannot be held responsible regardless of fault, for any accident, loss, damage or injury suffered by the renter, members of their party, or any other guests that the renter or their party have allowed access to the property, regardless if said loss is a result directly or indirectly from acts of god, danger related to the sea or any body of water, fire, breakdown of machinery, strikes, or pilferage. Furthermore, the renter will release and hold harmless any and all parties involved with the rental, management, and reservations of the property and to release and hold harmless its owners or representatives for any loss or damage to personal property or for any injury or even death.
SUPPORT, MAINTENANCE, SERVICE AND REPAIRS, PROPERTY AVAILABILITY
Staff and management company do all they can to ensure that your stay is happy and comfortable. They are available to answer any questions or concerns that you might have when you arrive. Before your visit, they will do their best to make sure that everything is working properly. However, even the best and newest equipment occasionally malfunctions and cannot be guaranteed 100% of the time (even in the US!). If you have any problems at all, please contact the staff as soon as possible, and they will make sure problems are corrected as soon as humanly possible! If there is a maintenance issue, the manager or authorized personnel may enter the premises during business hours in order to facilitate the repair or maintenance.
Please understand that there will be no refunds or discounts offered or expected for issues that are out of our control such as breakdown of air conditioners, TVs, DVD players, electronics and appliances, satellite/cable television, telephone, internet (including loss of signal), construction nearby, electrical outage, beach accesses unusable due to acts of nature, a home not decorated to your tastes, bad weather, disturbances by neighbors, or beach access location or other circumstances beyond our control. However, staff is there to handle maintenance or repairs. You can expect prompt, professional and courteous attention.
In the event that a property is rendered unavailable due to hurricane, flood, fire, unexpected major repairs or maintenance, sale of the property, or other reasons, MCV shall be held harmless. If for some reason a property becomes unavailable, MCV, can help to reschedule, find another property, or offer a full refund. If there is a difference in rates for rescheduled dates or an alternate property, the additional rate is the responsibility of the guest. We STRONGLY RECOMMEND that you purchase trip insurance with a clause that will provide a full refund for this type of cancellation.
If we can be of any further assistance or if you have any questions or concerns, please contact us.
By using the MCV site, you agree to add your e-mail to our user database. As a result, you may receive one or more occasional promotional e-mails from the site or its affiliated websites. You may opt out of those emails at any time by sending us an e-mail through our contact form.
LIMITATION OF LIABILITY
In no way will this site, officers, and/or employees be liable for any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from our site, these terms, and/or your use of the site, even if we have been advised of the possibility of such damages. These limitations and exclusions will apply without regard to whether the damages arise from breach of contract, breach of warranty, strict liability, tort, negligence, or any other cause of action, to the maximum extent such exclusion and limitations are not prohibited by applicable law. If you are dissatisfied with the site, you do not agree with any part of this agreement, or have any other dispute or claim with or against us, then your sole and exclusive remedy against us is to discontinue using the site. In all events, our liability, and the liability of any employee of MCV, to you or any third party in any circumstance arising out of or in connection with the site is limited to the greater of 1) the amount of fees you pay to us in the six (6) months prior to the action giving rise to liability, and 2) $100.00 USD in the aggregate.
The site, including all content, software, functions, materials and information made available on or accessed through the site, is provided “as is.” To the fullest extent permissible by law, we make no representations or warranties of any kind whatsoever for the content on the site or the materials, information and functions made accessible by the software used on or accessed through the site, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the site or any linked site. Further, we expressly disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose or accuracy. We do not warrant that the functions contained in the site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the site or the server that makes it available is free of viruses or other harmful components.
You acknowledge that any transmission to and from this site is not confidential and your communications may be read or intercepted by others. You acknowledge that by submitting communications to us and by posting information on the site, no confidential, fiduciary, contractually implied or other relationship is created between you and us other than pursuant to these terms.
CHOICE OF LAW AND FORUM
Any and all services and rights of use hereunder are performable and/or sold in the state of Texas, United States of America, and you irrevocably agree that any cause of action you may submit in connection with your use of the site or pursuant to these terms will be filed in Travis County, Texas which will be the venue of any legal dispute. You also agree that any dispute between you and us will be governed by the laws of the State of Texas.
LINKS TO THIRD-PARTY SITES
This site may contain links and pointers to other internet sites, resources, and sponsors of the site. Links to and from the site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third-party sites or the contents thereof.
YOUR RECORD OF THESE TERMS
Your use of this site and any reservations you make through this site signify your understanding of and agreement with these Terms and Conditions.
Any reviews of any listing represent genuine comments from guests who have stayed at the property advertised.