ACCOMODATION CONTRACT IN TERMS OF ARTICLE 2668 OF THE FEDERAL CIVIL CODE, NOM-010-TUR-2001, AND THE FEDERAL TOURISM LAW AND ITS NORMS, CELEBRATED BETWEEN HOTEL CABAÑAS DEL CAPITÁN (REFERRED TO HEREON AS “THE HOTEL”), A ND “THE GUEST”, SPECIFYING THE FOLLOWING
ON BEHALF OF THE HOTEL: that it is a hotel establishment operating legally and physically under the name of Las Cabañas del Capitán SA de CV, in the address found in the heading of the present document.
ON BEHALF OF THE GUEST: That the legal name and address have been established at the top of this document.
Both parts voluntarily commit to exercising and upholding the present contract according to the following
2. The room will be turned in by “the Hotel” to the "Guest” at 3:00 p.m. on the stated day of the guest's arrival. Likewise the "Guest” will check out of the room at 11:00 a.m. at the latest on the stated exit day. This contract cannot be extended.
3. Anyone registered as a "Room Sharer" by the "Guest" at the end of this document and who stays at the hotel overnight will be considered as such. No further room sharers than those written down in this registry will be allowed. Any excess person written on this document will not be valid nor elicit rights. The guest and room sharers must wear a distinct bracelet at all times, to be provided by the hotel and returned upon checkout. The guest will be responsible for his or her actions as well as for anything consumed by room sharers and day visitors.
4. The guest's day visitors may only use the lobby and hotel restaurants, but cannot enter hotel rooms or any other area. Visitors may acquire a DAY-PASS for $300 Mexican pesos per day, which provides access to hotel areas from 8:00 a.m. to 7:00 p.m. The guest will be responsible for his or her visitors' actions and purchases.
5. The hotel will provide services during the agreed upon dates and times, with the personnel’s utmost effort and dedication. The guest and his or her room sharers, as noted in Clause 3, may use hotel areas, upholding the schedules and regulations established for each of these areas. The hotel will provide basic cleaning services in hotel rooms once per day and is responsible for the hotel areas' general maintenance and cleanliness.
6. Schedules: One hotel pool will open at 9:00 a.m. The remaining pools will open subsequently, with staggered openings on the hour. All pools will close at 8:00 p.m. and may not be used until they open the following day. Beach furniture will open from 10:00 a.m. to 7:00 p.m. The elevator will remain closed for as long as hotel personnel deems necessary, so long as there are no safety reasons for its use. The hotel parking lot, located on 160 Lirio Street, will open from 7:00 a.m. to 10:00 p.m. Beach access will open from 6:00 a.m. to 8:00 p.m., however, the lobby door will stay open at all times.
7. On hotel areas' proper use and healthy guest relations:
7.1. Furniture, kitchenware, bathroom towels, and linens may not exit hotel rooms. Pool towels should remain inside the hotel and cannot be taken to the beach.
7.2. The guest will be responsible for using and returning areas, furniture, and equipment in good condition and for keeping occupied areas free of trash and obstacles.
7.3. To uphold health and respect, smoking is not allowed in rooms or common areas, except in designated smoking areas.
7.4. Pool use requires bathing suits and a prior shower. Consuming food and drinks in and around pools is not permitted.
7.5. In order to keep the peace and uphold children's health, only persons over 16 years of age may use the hot tub.
7.6. Grills are not permitted in the hotel.
7.7. Pets are not permitted in the hotel.
7.8. Speakers are only allowed at a low volume, to keep from bothering other guests. Personnel may use their own criteria to request that guests lower or turn off the volume, and the guest must comply.
7.9. Inebriation, yelling, and using inappropriate language, as well as any offensive behavior, is forbidden within hotel property.
7.10. The vehicle passageway at the hotel entrance is exclusively for pickup and drop-off for check-in and checkout. Vehicles may stay for a maximum of 30 minutes. The hotel may tow away vehicles if the guest breaches this agreement.
7.11. Any regulations and announcements posted within the hotel must be observed as if they were written in this present document.
7.12. Any public security employees who lawfully possess arms must inform hotel personnel upon entry and provide a copy of the document allowing weapon possession. Entering the premises with substances or articles banned by law is not permitted.
7.13. According to the National Conduct Code for the Protection of Girls, Boys and Adolescents in the Trip and Tourism Sector (CCN), sexual and labor exploitation is strictly prohibited.
8. On civic responsibility: The hotel will provide guests with a safe in every room, at no extra cost. Likewise, the hotel has current insurance for civic responsibility, which covers damage to third parties for their goods and personhood, as long as the damage is credibly deemed the hotel's doing or determined as such by judicial sentence. The hotel will not be responsible for any material object belonging to the guest, such as, but not limited to, theft, vehicle damage, electronic equipment, personal articles, official documents, money, valuables, etc.
9. On administrative issues:
9.1. Compensation: The guest must pay the established fees upon this contract's signature, multiplied by the number of nights the guest will stay according to the established check-in and checkout date noted at the top of this document. The fee includes use of the hotel room, the use of hotel areas, and taxes. Food, drinks, and any other service not mentioned in this contract are not included.
9.2. The possession of this document does not constitute proof of payment, which must be proven with any other valid documentation.
9.3. Guarantee: Besides paying the established fees, the guest must leave a $500 Mexican peso credit-card guarantee on file per room or provide a cash guarantee of the same amount, which will be returned at the end of the present contract as long as no debts remain for purchases, missing items, or damage.
9.4. Invoices (CFDi): The hotel will provide an invoice for the hotel services paid to the hotel by the guest. It is the guest's responsibility to verify any charges at the end of the stay, as no corrections will be made after the stay and invoices will not be provided later on.
9.5. Penalizations: Following the reservation, if the guest decides to cancel the contract, any nights or services that were not consumed will not be reimbursed. Any damaged or missing hotel property must be covered by the guest according to the prices shown in the lobby. Damage to any hotel articles or furniture must be covered by the guest, according to our estimates, and if the guest disagrees, the guest may hire a legal professional to estimate the price. Exiting the premises after the accorded time will incur a 100% fine for the corresponding night rate. Anyone found smoking in restricted areas or bringing pets will be fined $1,000 Mexican pesos, notwithstanding any legal penalties or eviction from the property, with no right to reimbursement.
9.6. Compensation: If the hotel is unable to provide services due to an unforeseen circumstance, such as technical or electric failure that cannot be repaired the same day, overbooking, or natural disasters, among others, the hotel's responsibility will be limited to finding and, if necessary, paying for lodging of similar or higher quality in the same town. If no alternative exists or if the guest chooses so, the hotel will be limited to returning the fees for nights during which the guest did not stay.
10. Jurisdiction: The guest and the hotel commit to resolving any unforeseen issue or controversy related to this present contract in a friendly way as soon as the issue arises. If no agreement is reached, both parties will submit themselves to the jurisdiction of the courts of the municipality of Compostela Nayarit, renouncing any other jurisdiction or alternative mechanism to resolve controversies that would correspond to their present or future address.
This contract is signed in Rincón de Guayabitos, in the municipality of Compostela Nayarit, on the date of the guest's arrival or at the moment that the reservation is made.
The English translation of this Agreement is provided as a courtesy to English-speaking guests. In all cases, the Spanish version will be the only document that will be valid for legal purposes in Mexico. The hotel attempted to provide the best translation possible, however, due to differences between the legal system in Mexico and other countries, the Hotel will not accept any responsibility for any conflicting interpretations that may arise between the two versions. In the event of a dispute in the interpretation herein, the Spanish version shall always prevail.