505-2225-7537       km 8.5 Carretera Masaya (Sinsa), del Stop & Go, 4 Cuadras al Oeste (al tope), 30 vrs Al Sur, Managua, Nicaragua

El Mirador de la Playa (Pochomil) - Terms and Contitions

By making a reservation, these Terms and Conditions are considered accepted and are a legally binding agreement made and entered into as of the Reservation Date by and between 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.

Occupancy

This house can easily accommodate up to 8 guests. No more than 8 persons shall be permitted on the Property unless you have let us know on the reservation form.

For a small fee per extra guests, you may have up to 12 people. The renter must supply additional cots/beds as none are provided.

If you have more than 8 guests, please indicate on the booking form. If you do not include all guests in the booking, they will be refused entrance to the property.

This reservation does NOT allow for parties or events where additional people would enter the premises. If you wish to have an event with more people that are actually sleeping at the house, then please contact us to discuss the event and pricing.

Deposit and Currencies

All fees are in USD.

A deposit of 50% of the total cost of the house reservation must be paid in order to confirm the reservation. (excluding Damage Deposit)

A second invoice for the remaining balance, including the damage deposit, will be sent 4 weeks before Check-In and must be paid within 2 days.

If the second invoice is not paid on time, the reservation will be cancelled and all Cancellation Policies apply.

Reservations made less than 4 weeks before Check-In must be paid in full immediately.

Cancellation

Guest will be refunded 100% of deposit if cancelled more than 28 days in advance of the Check-In date minus a $50 processing fee. 50% of the deposit will be refunded if cancelled 14-27 days prior to Check-In date, after which no refund will be provided.

Reservations made less than 4 weeks from Check-In are payable in full and are non-refundable in the event of a cancellation

Property Location

The property is located at 42 Pochomil Viejo Rd, Pochomil, Nicaragua and is know as Mirador de la Playa. Please refer to the Location Map for an exact location and directions.

Condition and Use of the Property

The Property is provided in “as is” condition. The Property Owner shall use its best efforts to ensure the operation of all amenities in the Property as applicable. The Property Owner 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 boogie boards, 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.

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 Property Owner 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

The Owners and their 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 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.

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 Country of Nicaragua. The words “Owners”, “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.

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