Terms & Conditions

Magic Adventures

Terms & Conditions • Privacy Policy

Disclaimer

All rates and policies are subject to change without notice on this web site. We reserve the right to refuse service. Guests are encouraged to read and approve the cancellation policy, as well as our terms & conditions thoroughly before finalizing their booking.

Safety & Comfort

At Magic Adventures, your safety is our priority. Enjoy complimentary maid service during your stay at the Villa and rest assured that our yachts are thoroughly sanitized in accordance to CDC guidelines for your safety.

Deposits

A damage deposit of $500 will be charged at the time of booking. This deposit will be refundable after check-out from rental property or conclusion of yacht charter, provided the guests have caused no damage.

A minimum 50% deposit is required at the time of booking to secure your reservation.

Cancellation Policy for Yacht Charters

If the guest cancels more than 30 days prior to his/her date of departure, the owner will refund all monies received less the $350.00 administrative fee.

Cancellation made within 30 days to one week prior to charter date will receive a 50% refund, less the $350.00 administrative fee.

Cancellations made less than one week before the date of departure will result in the forfeiture of all monies received.

Note: If a charter is cancelled due to inclement weather at the discretion of the Captain, a full refund will be issued.

Cancellation Policy for Property Rentals

If the guest cancels more than 30 days prior to his/her date of arrival, the owner will refund all monies received.

Cancellation made within 30 days to one week prior to arrival date will receive a 50% refund.

Cancellations made less than one week before the date of departure will result in the forfeiture of all monies received.

For Monthly reservations: There is a cancellation fee of $500 for reservations canceled up to 60 days prior to check-in date. Reservations canceled within 60 days of the check-in date, will not receive a refund.

Privacy Policy • Magic Adventures, LLC.

Updated February 2, 2022

This Privacy Policy governs the manner in which Magic Adventures, LLC, collects, uses, maintains and discloses information collected from users (each, a “User”) of the https://magicadventures.com (“Site”). This privacy policy applies to the Site and all products and services offered by Magic Adventures, LLC.

Personal identification information

We may collect personal identification information from Users in a variety of ways in connection with activities, services, features or resources we make available on our Site.. Users may visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users' means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies

Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

Changes to this privacy policy

Magic Adventures, LLC has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Rental Agreement Terms & Conditions • Yacht Charters

RENTAL: The total rent to be paid by the Guest to the OWNER is the amount on the rental agreement to be signed in US Dollars. The full amount of which shall be paid no later than 30 days prior to delivery.

A security and damage deposit of $500.00 shall be paid by the GUEST to the OWNER prior to delivery, which shall be applied to late return charges, any damage within the insurance deductible amount for which the GUEST shall be responsible, the repair of any damages or loss of equipment and such other charges for consumable items as may have been used and not paid for or replaced during the term of the charter.

When the GUEST hires more than one boat we consider the security deposits on all of the boats chartered to be a universal security deposit from which the OWNER can deduct all of the losses and damage caused by the GUEST regardless of any perceived individual limits on any one boat. Said deposit shall be held for ten (10) days after termination of the charter pending review of an inspection report by OWNER.

DELIVERY AND REDELIVERY: The OWNER agrees to deliver the yacht in full commission and in proper working order, outfitted as a yacht of her size, type and accommodations, with full equipment, inclusive of that required by law, and fully furnished, including galley and dining utensils and blankets, staunch, clean and in good condition throughout and ready for service. The GUEST agrees to charter the yacht, her equipment and furnishings, free and clear of any indebtedness incurred for the GUEST account, at the expiration of this charter, to the OWNER. If the yacht is not maintained in a clean condition, CHARTERER will be charged an additional $250.00 for cleaning, which will be deducted from security and damage deposit.

NAVIGATION LIMITS: The OWNER does not guarantee any destinations. The navigational limits of the Yacht are determined by the Yacht's insurance policy, thus the GUEST agrees to the Captain’s restriction of the cruising of the Yacht to the coastal and inland waters of the Bay of Banderas and Puerto Vallarta.

INSURANCE: The OWNER agrees to keep the Yacht insured against Fire, Marine and Collision risks, and with Protection and Indemnity coverage, for the term of this charter, the policy to be held by him as full protection for any and all loss or damage that may occur to, or by, the Yacht during charter period, and the liability for loss or damage shall be limited to not more than the amount of the deductible feature of the OWNER'S policy for covered events, and in case of any accident or disaster the GUEST shall give the OWNER prompt notice of same.

In addition, a Damage Waiver (DW) policy will be in effect when GUEST pays the premium in full. The DW covers any loss or damage to the chartered vessel and its equipment over and above the refundable Security Deposit. The DW does not insure against any third-party claims, liability, or personal effects of the GUEST. Third party claims and liability are covered under the vessel’s insurance, but GUEST is responsible for the amount of the deductible feature. Personal effects of the GUEST are not covered by the boat’s insurance nor the DW.

ACCIDENTS: GUEST bears the risk of any loss of use resulting from his act, default, negligence and/or poor judgment. The OWNER, and only the OWNER, shall determine if there is cause, act, default, negligence, and/or poor judgment by the GUEST.

REPLACEMENTS: The GUEST agrees to be responsible for and to replace or make good any injury to the Yacht, her equipment, or furnishings, caused personally by himself, or any of his party, and agrees to be responsible for any loss or damage to hull, machinery, equipment, tackle, furniture, or the like.

LIENS AND REPAIRS: Neither the GUEST nor anyone acting upon his behalf has the right or power to permit or suffer the creation of any maritime liens against the Yacht. The GUEST agrees to indemnify the OWNER for any charges or losses in connection therewith, including reasonable attorney's fees.

RUNNING EXPENSES: The GUEST agrees to accept the Yacht delivered as herein above provided and to pay all charter feed as prescribed in the agreement.

INDEMNIFICATION: The GUEST agrees to indemnify and save the OWNER harmless from all liabilities for loss or damage to third persons and their property occasioned by the negligence or default of the GUEST, except to the extent that any such liability is covered by the OWNER'S insurance.

SKIN DIVING AND SWIMMING: The OWNER and the insurance underwriters of the Yacht accept no responsibility or liability for accidents, injuries, or death due to swimming or the use of snorkels, masks, or allied equipment such as self-contained underwater breathing apparatus (SCUBA) equipment, whether it is provided by the OWNER. No warranty of any type is made by OWNER regarding any such equipment which may be provided with the Yacht.

RESTRICTED USE: The GUEST agrees that the Yacht shall be employed exclusively as a pleasure vessel for the sole and proper use of himself, his family, guests, during the term of this charter. The Yacht shall not be used to transport merchandise or carry passengers for pay or to engage in any trade whatsoever. Nor shall the yacht be used in any way which violates the laws of the United States or of any other jurisdiction in which the yacht may be at any time.

SMUGGLING: Federal and state laws prohibit the use of any vessel for the transport or possession of any drugs or any other controlled substance the possession of which is restricted or forbidden by law. In addition to possible criminal and civil penalties against the violators, the law allows for the forfeiture of any vessel which is used in the transport or possession of such substances.

ASSIGNMENT AND SUBCHARTER: The GUEST agrees not to assign this Agreement or sub-charter the Yacht without the consent of the OWNER in writing. Any attempt to assign or sublet this charter shall be void without the written consent of OWNER; however, the OWNER may give such consent after the fact to bind the assignee or sub-charterer. No assignment or sub-charter shall release CHARTERER from the obligations imposed by this Agreement unless the OWNER gives a specific release in writing.

BROKERAGE FEES: The OWNER and the GUEST agree to recognize Magic Adventures as sole broker in connection with this Agreement. It is further agreed by the OWNER and GUEST that once this Agreement has been signed by both parties and the charter fee has been paid in full, the said broker shall have no further connection, obligations, or responsibility in connection herewith in to either party.

CANCELLATIONS: If GUEST cancels more than thirty days prior to his/her date of departure, The OWNER will refund all monies received less $350.00 administrative fee. Cancellation made within 30 days to 7 days prior to charter date will receive a 50% refund, less the $350.00 administrative fee. Cancellation less than 7 days before the date of departure will result in the forfeiture of all monies received during the period of the charter or at any time when the vessel is in the custody and under the control of the GUEST.

If a charter is cancelled due to inclement weather at the discretion of the Captain, a full refund will be issued.

CONSTRUCTION: The Agreement was made in the state of Jalisco, Puerto Vallarta, Mexico. It shall be interpreted and enforced in accordance with the laws of said state, with venue lying in said county. This Agreement shall be binding upon, and inure to the benefit of, the heirs, successors and assigns of the parties.

In the event of litigation to enforce any provision of this Agreement, the prevailing party shall be entitled to recover all costs thereof, including reasonable attorney's fees for trial and appellate representation.

This Agreement contains the entire agreement between the parties regarding the transactions contemplated hereby and described herein and it supersedes, cancels and extinguishes all previous agreements, memoranda and understandings heretofore existing between the parties regarding such transactions.

This Agreement may be amended only by written document signed by both parties.

Rental Agreement Terms & Conditions • Accommodations

Updated February 2, 2022

This Rental Agreement and Contract (the “Agreement”) is a legally binding agreement made and entered into as of the Reservation Date written below by and between the undersigned person(s) or company (the “Guest”) and the undersigned owner, manager or agent (“Rental Agent”), pursuant to which the Guest has agreed to rent the residence described below (the “Property”), for the duration of the Rental Term for the Total Rental Fee and other good and valuable consideration as described herein.

ACCEPTANCE OF TERMS AND CONDITIONS:

Upon execution of this Agreement, you agree to be bound by all of its terms and conditions and acknowledge your receipt and understanding of this Agreement.

PROPERTY

Will be specified in the signed agreement.

CANCELLATION TERMS

Cancellations made 30 days prior to arrival date will be issued a full refund. Cancellations made within 30 days to one week of arrival date will receive a 50% refund. Cancellations made within one week of arrival date or less will not receive a refund.

For Monthly reservations: There is a cancellation fee of $500 for reservations canceled up to 60 days prior to check-in date. Reservations canceled within 60 days of the check-in date, will not receive a refund.

HOUSE RULES

Check in begins at 4:00 pm. Check out time is 11:00 am.

Our units are for vacationing families only. Minimum age to rent is 21 and must be present during the entire stay.

OCCUPANCY: Guest agrees that no more than the guests (adults and children) listed in the reservation and attendees of approved events  shall be permitted on the Property at any time during the Rental Term, all of whom shall comply with the conditions and restrictions imposed upon Guest under this Agreement.

NO EXTRA GUESTS: We insist that your party does not exceed the number of registered guests on the reservation. Guests will be denied access if over the allowed limit, unless attending an approved event. If you have any questions, please contact us.

NO UNINVITED GUESTS: The house is for the exclusive use of the registered guests and is not to be used to host parties or events that include additional unpaid guests without the prior written approval of the Rental Agent.

If it becomes known to us after your check-in that you have additional unclaimed guests staying in the home, we will assess a penalty as follows:

For accommodations with a capacity up to 4 guests:
$50.00 per guest, per stay, in addition to the normal nightly rate for these guests.

For accommodations with a capacity over 4 guests:
$100.00 per guest, per stay, in addition to the normal nightly rate for these guests.

EVENTS: Any events, gatherings, or other functions must be approved by the Rental Agent in writing at the time of the reservation. The number of guests to attend, start time, and end time must be stated at the time of booking, and may not be exceeded. Additional overnight guests beyond those listed at the time of booking and additional event attendees beyond the number approved are not permitted, and will result in an additional charge of $100 per guest.

OUTSIDE SERVICES: You are welcome to contract outside vendors for additional services such as catering, spa services, etc. However, the use of any outside vendors must be approved in writing at least 7 days  in advance, and may require an additional security and damage deposit.

ARRIVAL AND DEPARTURE: Upon confirmation of your reservation, you will receive directions to the home. You may check into the unit any time AFTER 4pm on your date of arrival. Checkout is NO LATER than 11 AM. Early check-ins and late checkouts are admissible only by previous agreement.

MEAL AND GROCERY SERVICES: All units are equipped with kitchen facilities and are self-catered. Private chef and grocery services are available for an additional charge. Please contact us for more information regarding these services.

WATER AND SEPTIC: All units operate on catchment water and UV filtration systems. Tap water is safe for consumption and all other purposes. We ask that guests use water sparingly and respectfully and that they DO NOT FLUSH anything other than toilet paper. Feminine hygiene products should not be flushed at any time.

SMOKING: All properties are NON SMOKING units and guests are not permitted to smoke anywhere inside the home at any time or in restricted areas of the Resort. Smoking in the house will result in a damage penalty of $100, plus the cost for reparation or replacement of any items in the home burned or damaged as a result.

PETS: Pets are not permitted at Villa Turquesa, except by advance written permission and payment of the Pet Fee. Pets are not permitted at Casa las Mariposas.

HOA: Some Resorts/HOA require Guests to wear wristbands that will be provided at check-in. Please contact us if you have any questions.

We kindly request that Guests respect the Resort/HOA rules. Failure to comply with their house policies is grounds for eviction from the property. Please contact us if you have any questions.

LOST AND FOUND: We will make every effort to locate any possessions left behind. Please email us if you have lost any items. If found, we will email you requesting the shipping address, and will ship the items back to you for the cost of the packaging and shipping, which will be charged to your credit card on file.

CONDITION AND USE OF PROPERTY: The Property is provided in “as is” condition. Rental Agent shall use its best efforts to ensure the operation of all amenities in the Property, such as internet access, satellite or cable TV access or hot tubs, fireplaces as applicable. Rental Agent shall not be held responsible for such items failure to work, but will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges that use of amenities such as hot tubs, pools, spas, fireplaces, decks, and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guest’s own risk.

Guest shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the Property in clean and sanitary condition at all times. Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest use the Property for any immoral, offensive, or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property.

We keep all appliances and air conditioners in good working order, but they do occasionally malfunction/or break. We will try to fix it in the shortest possible time, but there are no guarantees for appliances or air conditioners.

VACATION RENTAL DAMAGES: Guest authorizes management to process charges for the costs of repair or replacement of damaged or missing items beyond normal use, excessive clean up, stains, odor removal, late check out, unclaimed extra guests or unscheduled cleaning crew costs. Any damages to rental property should be communicated by the guest to management after arrival, and are expected to be covered by the guest, either through credit card, ACH bank transfer, or certified check.

DEFAULT: If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove all Guest’s property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred.

ASSIGNMENT OR SUBLEASE: Guest shall not assign or sublease the Property or permit the use of any portion of the Property by other persons who are not family members or guests of the Guest and included within the number of and as permitted occupants under this Agreement.

RISK OF LOSS AND INDEMNIFICATION: Guest agrees that all personal property, furnishings, personal affects and other items brought into the Property by Guest or their permitted guests and visitors shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Rental Agent shall not be responsible or liable for any reason whatsoever.

Guest hereby covenants and agrees to indemnify and hold harmless Rental Agent and their agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorneys fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property and Guest expressly agrees to save and hold Rental Agent harmless in all such cases.

RELEASE: Guest hereby waives and releases any claims against Rental Agent, the Property owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, activities or amenities.

Guest agrees to use any such facilities or amenities entirely at the Guest’s own initiative, risk and responsibility.

ENTRY AND INSPECTION: Rental Agent reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters or other authorized persons. If Rental Agent has a reasonable belief that there is imminent danger to any person or property, Rental Agent may enter the Property without advance notice.

UNAVAILABILITY OF PROPERTY: In the event the Property is not available for use during the Rental Term due to reasons, events, or circumstances beyond the control of Rental Agent, Rental Agent will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the Property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the Guest. If such replacement property cannot be found and made available, Rental Agent shall immediately return all payments made by the Guest, whereupon this Agreement shall be terminated and Guest and Rental Agent shall have no further obligations or liabilities in any manner pertaining to this Agreement.

ADDITIONAL TERMS TO THE RENTAL AGREEMENT: In addition to the standard terms included herein, Guest acknowledges and agrees that the following additional terms and conditions apply to the Guest’s rental of the Property:

GENERAL PROVISIONS: This Agreement contains the entire agreement between the parties with regard to the rental of the Property, and any changes, amendments or modifications hereof shall be void unless the same are in writing and signed by both the Guest and the Rental Agent.

This Agreement shall be governed by the laws of the city of Puerto Vallarta in the State of Jalisco, Mexico. The words “Rental Agent” and “Guest” shall include their respective heirs, successors, representatives. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof.

If any provision herein is held invalid, the remainder of the Agreement shall not be affected. Any notice required to be given under this Agreement shall be in writing and sent to the contact information included herein.

This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. Execution of a digital signature shall be deemed a valid signature.

RIGHT TO REFUSAL OF SERVICE: Both management and the homeowners reserve the right to refuse service if guests have not claimed the proper number of guests staying, or if either party has adequate reason to believe that the property or content thereof will be put at unnecessary risk during a guest's stay for reasons such as, but not limited to, the use of illicit substances on the premises, unauthorized gatherings, excessively loud and disrespectful behavior, or reservation obtained under false pretense.

WRITTEN EXCEPTIONS: Any exceptions to the above-mentioned policies must be approved in writing in advance.

© 2022 Magic Adventures, LLC. All Rights Reserved.