Cancellation Policies

Mariposa Lodge Cancellation Policy: At time of reservation we take a 50% deposit which is non-refundable. The remaining balance will be charged 7 days to the check in date OR in the event that your reservation is cancelled within 15 days of the check-in date. No refunds will be made in the event of no-shows or early check-out. Please consider travel insurance to cover you in case of unforeseen travel interruptions.

This Lease Agreement (this "Lease"), by and between K&R Investment S. de R. L. ("Landlord"), and Registered Guest ("Tenant"). The parties agree as follows:

PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant a unit at the Mariposa Lodge in West End, Roatan, Islas de la Bahia, Honduras (the "Premises").TERM. The Tenant will have full control and use of the Premises beginning on the first date of the reservation and ending on the last day of the reservation as stated in the booking of the Premises.

LEASE PAYMENTS. The total rental payment owed for this Lease is the stated amount in the reservation payable in the terms of the booking agreement. A refundable deposit of $100.00 shall be paid at time of booking in order to reserve the Tenants reservation.

SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a security deposit of $100.00 to be held and disbursed for Tenant damages to the Premises or other defaults under this Agreement (if any) as provided by law. Security deposit will protect Landlord against damage or theft to the property and timely return of the door key. Deposit will be returned after Tenant vacates property if the Property is not damaged, no theft has occurred, and key has been returned. Deposit may be applied by Landlord to satisfy damage repairs caused by Tenant or to replace stolen items and such act shall not prevent Landlord from claiming damages in excess of the deposit. The Tenant is held financially responsible for damages to the Premises, whether made by themselves, their family, and another guest in their group or invitee.

POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to Landlord on the last day of the term of this Lease, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant shall remove its goods and effects and peaceably yield up the Premises to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted.

CHECK IN AND CHECK OUT TIMES.

• Check in is after 3:00pm and before 6:pm. 
• Check Out is at 11:00am
• Late Check Out is 2:00pm and must be requested at least the day prior to check out by 8:00pm in writing. There is an additional cost of $45.00 for late check out.

MINIMUM STAY. This property requires a 3 night minimum stay. Longer minimum stays may be required during holiday periods.

USE OF PREMISES/ABSENCES. Tenant shall occupy and use the Premises as a dwelling unit. Tenant shall notify Landlord of any anticipated extended absence from the Premises not later than the first day of the extended absence. Tenant will maintain the premises in good order and appearance including keeping the premises free of trash and garbage. Reasonable wear and tear are the only exceptions to damage to the premises.

Due to the COVID-19 pandemic, Tenant agrees to adhere to all guidance from the Centers of Disease Control and Prevention (CDC) on COVID-19 and any local and state regulations. Local and state regulations can be found on the local public health department website.

POOL. Tenant is advised that there is a pool without a gate or lock on the Premises. Pool for guest use only. No glass containers or bottles are allowed in the pool area. Follow posted pool rules.

SECURITY CAMERAS. Premises have security cameras in use only in exterior common areas. 

ADDITIONAL HOUSE RULES:

1. Turn off fans, lights and air conditioners when Tenant leaves the Unit. Electricity is expensive and Tenant may face additional charges for excessive use.
2. Absolutely no parties. 
3. No Guests after 9:00 PM.
4. Wash, dry and put away dirty pots, dishes and food due to bugs and animals.

OCCUPANTS. No more than the registered guests may occupy the Premises at any one time unless the prior written consent of the Landlord is obtained. Any party falsely representing the number of people, or exceeding the maximum may be subject to immediate eviction without refund.

FURNISHINGS. Tenant shall return all Mariposa Lodge's furniture, decorative items, linens and kitchen items at the end of the lease term in a condition as good as existed at the beginning of the lease term, normal wear and tear excepted.

PETS. No pets shall be allowed on the Premises.

KEYS. Tenant will be given 1 key to the Premises and 1 safe key. If all keys are not returned to Landlord following termination of the Lease, Tenant shall be charged $25.00.

LOCKOUT. If Tenant becomes locked out of the Premises, Tenant will be charged $0.00 to regain entry.

PARKING. Parking is limited and renting of cars is not encouraged. The Mariposa Lodge has two onsite parking spots that are first come first served. Parking off site is the responsibility of Tenant at Tenant's expense. Landlord cannot be held responsible for damages to any vehicle parked on the Premises.

NON-DISTURBANCE CLAUSE. Tenant and their guests shall not disturb, annoy, endanger (fireworks) or inconvenience neighbors nor use the premises for any unlawful purposes.

CANCELLATIONS.

(a) If the Property becomes unavailable to the Tenant prior to occupancy, for any reason, Landlord agrees to refund the full amount paid to the date of cancellation, and Tenant agrees to release any claims against Landlord.

(b) If, for any reason, the Tenant cancels this Agreement within 48 hours of booking and the reservation is more than 15 days away then a full refund will be given.

(c) If, for any reason, the Tenant cancels this Agreement more than 30 days from the Arrival Date, Tenant will receive a 50% refund of amounts paid, less a $100.00 cancellation fee.

(d) There are no cancellations permitted within 15 days of Tenant Arrival Date. All amounts paid (Reservation Deposit and Final Payment) will be forfeited. Failure to pay the Final Payment in a timely manner will be considered a cancellation under this subparagraph and will result in forfeiture of the Reservation deposit.

Cancellations related to the COVID-19 pandemic are dependent on a number of factors including: local restrictions, origin of the guest, when the booking was made, and when local officials or the CDC declare an outbreak in an area. If the cancellation is related to COVID-19, contact the Landlord.

SMOKING. Smoking is strictly forbidden inside the Property. Smoking is only allowed "outside". Evidence of smoking inside the Property will result in immediate eviction and forfeiture of all amounts paid and will result in additional Cleaning Fee charges to Tenant as Excess Damage Cost and will be charged against the credit card on file or Tenant's security deposit at Landlord's election.

COOKING. Tenant may cook only in the specific areas set aside by Landlord for cooking. No open fires are allowed other than in the grill, outdoor fireplace, or in the stone hearth. The grill must remain in open area, away from trees, house, etc. All fires must be thoroughly extinguished before leaving unattended.

CLEANING. The property will be inspected and cleaned after departure. Due to the pandemic, the property will augment current cleaning protocol to account for the changes in cleaning in adherence to COVID-19 cleaning protocols. The rental fee includes laundry service for the towels and linens. Tenant is required to leave the property in the same general condition that it was received in by making sure that the dishes are washed and put away, and the house is generally picked up and ready to be vacuumed, dusted, disinfected and laundered. The property has been cleaned in accordance with WHO and CDC recommended cleaning and disinfecting standards.

OTHER RECREATION. The following may be available from time to time on the property and grounds: all boating activities (sailing, kayaking, canoeing and the like), fishing, biking, hiking and various lawn games. Any other recreational activities that occur on the premises will be permitted according to the discretion of the Landlord.

HOLDOVER. If Tenant maintains possession of the Premises for any period after the termination of this Lease ("Holdover Period"), Tenant shall pay to Landlord lease payment(s) during the Holdover Period at a rate equal to the most recent rate preceding the Holdover Period. Such holdover shall constitute a month-to- month extension of this Lease.

CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law.

ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent (which shall not be unreasonably withheld), Landlord shall have the right to enter the Premises to make inspections, provide necessary services, or show the unit to prospective buyers, mortgagees, tenants or workers. However, Landlord does not assume any liability for the care or supervision of the Premises while under the possession and of Tenant. As provided by law, in the case of an emergency, Landlord may enter the Premises without Tenant's consent. During this Lease, Landlord shall be allowed to display the usual "To Let" signs and show the Premises to prospective tenants.

INDEMNITY REGARDING USE OF PREMISES. To the extent permitted by law, Tenant agrees to indemnify, hold harmless, and defend Landlord from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Landlord may suffer or incur in connection with Tenant's possession, use or misuse of the Premises, except Landlord's act or negligence.

COMPLIANCE WITH REGULATIONS. Tenant shall promptly comply with all laws, ordinances, requirements and regulations of the federal, state, county, municipal and other authorities, and the fire insurance underwriters. However, Tenant shall not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature.

CASUALTY OR DESTRUCTION. (a) Should the Property be destroyed or rendered uninhabitable by an Act of God (including, but not limited to, hurricanes, storms, floods or fires), or by environmental disaster, or loss of utilities prior to occupancy by Tenant, this Agreement shall become null and void, and all payments made hereunder shall be refunded to Tenant. (b) Should the Property be destroyed or rendered uninhabitable as above during occupancy, reimbursement on a pro-rated basis will be negotiated between Tenant and Landlord based on the following: No refund is due (or will be made) for inclement weather.

NOTICE. Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed to the party at the appropriate address set forth below. Such addresses may be changed from time to time by either party by providing notice as set forth below. Notices mailed in accordance with these provisions shall be deemed received on the third day after posting.

LANDLORD: K&R Investment S. de R.L. West End, Roatan, Honduras 34101

GOVERNING LAW. This Lease shall be construed in accordance with the laws of the Municipality of Roatan, Honduras.

ENTIRE AGREEMENT/AMENDMENT. This Lease contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.

SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

WAIVER. The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease.

BINDING EFFECT. The provisions of this Lease shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors and assigns.

DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

CAUSE FOR EVICTION. The Tenant and all parties with the Tenant will be subject to immediate eviction from the Property if the Tenant or parties of the Tenant violate any terms of this Agreement, including but not limited to, violation of the occupancy limits, pet provision, smoking, noise ordinance or parking. In the event of eviction from the Property, the Tenant shall forfeit all amounts paid and there will be no refund of money.

ATTORNEY'S FEES AND COSTS. If Landlord employs the services of an attorney to enforce any conditions of this Agreement, to collect any amounts due, the eviction of the Tenant, or because Tenant takes any action to recover deposits not due, Tenant shall be liable to Landlord for reasonable attorney's fees and costs incurred by Landlord.

ACKNOWLEDGMENT. The Parties hereby understand and accept the terms and conditions on all pages of this Agreement.