Rooming list MUST be received at least 70 days prior to Groups arrival.
If the room block falls below 10 rooms, a cancellation of the entire Group will apply.
Note: If the group size increases over 50 rooms, the hotel reserves the right to adjust these terms.
Attrition, Cancellation and No Shows:
- Attrition will be based on the total number of room nights contracted, not on peak nights. Attrition and no shows will be charged as single or double occupancy as contracted and calculated based on the examples set forth above.
- No-shows are NON-REFUNDABLE and will be charged for the entire stay of confirmed reservation.
- Early departures are NON-REFUNDABLE and will be charged for the entire stay of confirmed reservation.
- All reductions and cancellations must be made in writing prior to the cut off dates outlined. Verbal reductions and cancellations will not be binding.
- Should the Group change the program dates, Hotel considers dates to be cancelled, if received within the cancellation period. Please refer to "Cancellation of Entire Group" section of this contract for terms.
Force Majeure and Acts of God:
Parties are not required to comply with this Agreement during any extraordinary event, primarily natural, which may or not be predicted or prevented and whose realization prevents Parties from fulfilling their obligations under the terms of this Agreement, including without limitation: earthquakes, tsunamis, hurricanes, tidal waves, among others. Furthermore, they are not bound to comply with this Contract, during the period necessary to repair the damages caused by such an extraordinary event. The Parties recognize that epidemics, diseases, viruses or similar are not considered as fortuitous events except when the country where the Hotel is located issues an official statement prohibiting travel to that country due to serious risk. The recommendations or precautions issued by any other country to its citizens when traveling are not considered banning.
Trademarks, tradenames and other intellectual property:
The name of Hard Rock Limited and all other trade names or trademarks of it, its affiliates, related companies, and partners (including, without limitation, the name “Hard Rock”, registered or unregistered, are the property of, as the case may be, Hard Rock Limited or its affiliates, related companies or partners (collectively, the “Protected Intellectual Property”). These trade names and trademarks and all other intellectual property are protected by US and foreign intellectual property laws. The unauthorized use or reproduction of the Protected Intellectual Property is strictly prohibited and any infringement upon such Protected Intellectual Property will be prosecuted to the fullest extent of the law. For the avoidance of doubt, the restrictions contained in this paragraph shall be deemed to apply to any use or registration of any trademark, trade name, service mark, domain name, meta tag, keyword, social media handle, commercial symbol or logo containing any of the Protected Intellectual Property and to the use or registration of any trademark, trade name, service mark, domain name, meta tag, keyword, social media handle, commercial symbol or logo which is confusingly similar to the Protected Intellectual Property. Additionally, the unauthorized use or reproduction of any Protected Intellectual Property shall be grounds for the immediate termination of this Agreement; provided, however, that this remedy shall not be exclusive, but shall be in addition to any other remedy available to "Hard Rock" hereunder or in accordance with applicable law.
Legal Fees: In the event of any action brought to enforce this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs, and expenses incurred in such action, including any appeals taken thereon. Attorneys’ fees incurred in enforcing any judgment in respect of this Agreement are recoverable as a separate item. The preceding sentence is intended to be severable from the other provisions of this Agreement and to survive any judgment and, to the maximum extent permitted by law, shall not be deemed merged into any such judgment. This Section shall survive expiration or termination of this Agreement.
Governing Law:
This Agreement shall be governed by the laws of the state where the Hotel is located as to all matters, including but not limited to matters of validity, construction, performance and remedies. Venue of any suit or action arising out of or relating to this Agreement shall be in the city and state where the Hotel is located, and Group hereby waives any and all objections to jurisdiction or venue.
Insurance:
Both parties agree to carry insurance in amounts sufficient to protect themselves against any claims arising from activities conducted in Hotel and to indemnify and defend each other as provided for in this Agreement. Upon request, each party shall provide a certificate evidencing such insurance to the other party.
Indemnification:
The Hotel shall indemnify, defend and hold harmless the Group and its officers, directors, employees and agents, and each of them, from any and all claims, actions, causes of action, demands or liabilities of whatsoever kind and nature including judgments, interest, attorneys' fees and all other costs, fees, expenses and charges which the Group and its officers, directors, employees and agents, and each of them, may incur arising out of the gross negligence or willful or wanton misconduct of the Hotel, its officers, directors, employees and agents, and each of them. The Group shall indemnify, defend and hold harmless the Hotel and its officers, directors, employees and agents, and each of them, from any and all claims, actions, causes of action, demands or liabilities of whatsoever kind and nature including judgments, interest, attorneys' fees and all other costs, fees, expenses and charges which the Hotel and its officers, directors, employees and agents, and each of them, may incur arising out of the breach of any covenants contained herein or the gross negligence or willful or wanton misconduct of the Group its officers, directors, employees and agents, and each of them.
Incidental Charges:
All incidental charges will be billed to each individual guest room. Credit card imprints will be taken upon arrival to guarantee payment of these. Please note that all incidental and miscellaneous charges incurred during the Group’s operation must be paid in full before departure from the Hotel.
The details mentioned below are for informational purposes only and are not part of the contract. A separate contract directly with the hotel would be necessary.
Should you contract services of a local destination management company, please note that a special rate of $35.00 USD per day is available for meal passes for their staff. Your conference service manager will be happy to assist you.
Security: The Hotel does not assume responsibility for damage or loss of any merchandise or articles brought into the Hotel or any item left unattended. Security officers can be arranged for the Group through the Hotel Groups and Conventions Manager.
For Audiovisual equipment and services see Appendix A for in-house companies.
Work Permits & Subcontracts: The Hotel does not assume responsibility in obtaining working papers, permits or fees for subcontracted companies. Subcontracted companies (décor companies, audio-visual and production companies, entertainers, etc.) must be pre-approved by the Hotel at least 60 days prior to the event; this approval will include an agreement with the specific Hotel regulations, surcharges, and other specific requirements set forth therein to prevent damages to hotel property and furnishings. Items may not be attached to walls, floors or windows with staples, nails, tape, glue or any substance.
Group will assume all responsibility for any damage to hotel property from such items. Non-in-house subcontracting companies are subject to set up fees and electrical charges. The hotel reserves the right, at its sole discretion to allow the use of external suppliers. In the event that group decides not to use the services of in-house suppliers, the hotel will apply an external supplier’s fee. The hotel reserves the right, at its sole discretion to allow the use of external suppliers. In the event that group decides not to use the services of in-house suppliers, the hotel will apply an external supplier’s fee.
Importation of convention goods: If you are planning to bring equipment, give-a-ways or any type of working material in bulk, we strongly suggest contracting the services of a customs broker who will assist you in procuring the necessary permits. The on-property convention manager should be consulted no later than three (3) months prior to the operation of your program regarding the shipping of room gifts/amenities, promotional and printed materials, audio visual equipment and any other items. The convention manager will offer the best suggestions regarding freight forwarding companies who can assist with these arrangements.
Luggage Tags: All bags must have proper identification. Please supply the Hotel with three sample luggage tags that will be used by the Group.
Music prices are subject to change by the local musician’s union and are beyond the control of the Hotel. The Hotel’s sole responsibility in such case is to notify the Group. Music prices are triple during official holidays: Please refer to supplement for dates.
The Government of the municipality of Los Cabos is implementing the Environmental Sanitation Tax. This is a new tax that will be dedicated to the betterment of the local community. To keep our industry and destination partners informed, Los Cabos Tourism Board has prepared this document with details that will facilitate its implementation. (SUBJECT TO CHANGE WITHOUT NOTICE)
- Implementation Date: September 6th, 2022 – All travelers from this date on will be required to pay the daily tax. Updated Feb 1, 2024
- Who is subject to the tax? All travelers visiting a business unit that invoices for lodging services in Los Cabos.
- How much is the tax? 38.00 Mexican Pesos per room per night (~$2.21 USD) regardless of the occupancy and is determined by each individual property.
- How will the tax be collected? The tax will be collected by hotels, timeshares, and lodging facilities across the destinations. Travelers will be able to see the tax charge in their hotel bill at check in or check out.
- What is the purpose of the tax? The new tax will support government investment on environmental infrastructure, sustainability practices, and safety and security, among other projects.
- Who will manage the funds? All funds will be directed to a private trust and will be administrated by an oversight board that will count with participation of sustainability experts, the private sector and public authorities whose sole purpose is the management and strategic disbursement of resources from the Fund.
Baja California Sur Fund for Sustainability (SUBJECT TO CHANGE WITHOUT NOTICE)
Starting November 9, 2019, the State of Baja California Sur will ask for a contribution of $350 pesos, equivalent to about $18.50 USD per person for the Fund for Sustainability and Infrastructure and this will be used for social service works. This contribution will fund initiatives that support the betterment of local communities, as well as for investment in local resources enjoyed by the millions of travelers who visit the destination every year. The tax is payable at kiosks located at airports or online using the website http://www.travelerfundBCS.gob.mx
Payment Schedule