GENERAL CONDITIONS
OF ACCOMMODATION, stay AND BOOKINGS.
consumer duties and rights.
consumer regulations.
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 GENERAL TERMS 

 FOR LODGING, STAY AND RESERVATIONS. 

 Consumer duties and rights. 

 Consumer regulations. 

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POSADAS DE LOS ROQUES CORP

 

POSADAS EVA C.A RIF J 306596267

Posadas Eva, C.A. and affiliates 

YEAR 2023-2024-2025-2026

COMPANY BELONGING TO CABALL DESIGN LLC (USA) 

YOU APPROVE THE RECEIPT OF ADVERTISING, INFORMATIONAL, AND COMMERCIAL EMAILS from the domain www.posadaeva.com by filling out any of our forms or by writing to us on any customer service or sales channel. 

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************************ALL GUESTS ARE REQUIRED TO FILL OUT AND SIGN THEIR CHECK-IN (OTHERWISE THEY WILL NOT BE ABLE TO ACCESS THE PROPERTY)******************************THE CHECK-IN IS THE RECONFIRMATION OF THE ADHESION CONTRACT THAT YOU ACCEPT AT THE MOMENT YOU PAY FOR YOUR RESERVATION AND APPROVE IT.

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WHETHER DIRECTLY BY YOU OR BY A THIRD PARTY SUCH AS YOUR TRAVEL OPERATOR OR TRAVEL AGENCY

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THIS CONTRACT IS VALID FOR THE FOLLOWING PLATFORMS: BANCAMIGA, WIX, STRIPE, SQUARE, PAYPAL, BANCO SANTANDER SPAIN, WISE BELGIUM AND EUROPE, BANCO SANTANDER CHILE, BANCO BCI CHILE, BIZUM SPAIN, TRANSACTIONS RECEIVED IN OUR US BANKS BANK OF AMERICA, JP MORGAN CHASE BANK. UNDER THE COMPANIES ADHERING TO THIS CONTRACT: POSADAS DE LOS ROQUES CORP, CABALL DESIGN LLC, RANDOM PROJECT CABALL CORP, LATAM FRESH TRAVEL CORP, AND THEIR ADHERING HOLDERS AS THE CASE MAY BE: RITA DIAZ, AARON DIAZ, WENDY DE SOUSA, JUSTINE CABALLERO, WHO MAY USE OUR LEGAL MECHANISMS AS COMPANIES AND/OR INDIVIDUALS IN SOUTH AMERICA, CENTRAL AMERICA, THE US AND CANADA, AS WELL AS ANY MEMBER COUNTRY OF THE EUROPEAN UNION. AS WELL AS THE ENTIRE VENEZUELAN NATIONAL TERRITORY. 

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WELCOME TO THE LOS ROQUES ARCHIPELAGO AND LOS ROQUES NATIONAL PARK. YOU ARE SUBJECT TO MORE RIGOROUS REGULATION THAT PROTECTS TOURISM OPERATORS, GIVEN THE CARE OUR NATIONAL PARK NEEDS, AND YOU ARE SUBJECT TO NATIONAL PARK REGULATIONS. YOU MUST BE RESPECTFUL OF THE PLACE AND THE PEOPLE WHO LIVE HERE, AS WELL AS THE ENVIRONMENT AND THE SPECIES

 

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ADHESION CONTRACT, GENERAL LODGING CONDITIONS AND HOUSE RULES

Rights and Responsibilities of the Tourist Consumer | Legal Protection Framework

POSADAS EVA C.A. (RIF J-30659626-7)

Years of Operation: 2023 - 2024 - 2025 - 2026

Company affiliated with CABALL DESIGN LLC (USA)

Dear and valued guest, it is a profound honor for us to welcome you and be part of your most precious moments. We have drafted this legal document with the utmost transparency, honesty and love, with your peace of mind and mutual respect in mind.

FULL LEGAL VALIDITY: We formally and lovingly inform you that this entire document has the character, force and indisputable legal validity of a GUEST ADHESION CONTRACT. These General Policies are clearly disclosed and linked in your commercial invoice. You endorse, assume and accept them irrevocably from the very millisecond you pay for your reservation, and you later reconfirm and ratify them in person by signing your Check-in at our facilities.

1. VENEZUELAN AND INTERNATIONAL LEGAL, JURIDICAL AND REGULATORY FRAMEWORK

Our operations, the absolute protection of your dignity and that of our workers, and the defense of our ecosystem are strictly grounded in, protected by and bound to the following body of law of the Bolivarian Republic of Venezuela:

• Human Rights and Respect for Dignity: Constitution of the Bolivarian Republic of Venezuela (CRBV) (Arts. 21, 46, 49 and 60); Constitutional Law Against Hatred, for Peaceful Coexistence and Tolerance; Venezuelan Criminal Code (Arts. 442 to 444 on defamation, insult and simulation of facts); Organic Code of Criminal Procedure (COPP) (Art. 182 on freedom of audiovisual evidence).

• Civil, Tourism and Consumer Law: Venezuelan Civil Code (Arts. 1133, 1141, 1159 and 1272 on exemption for force majeure); Organic Law on Tourism (Arts. 88 and 89).

• Environmental and Maritime Law: Organic Law on the Environment (LOA), Law on the Protection of Wild Fauna, Criminal Law on the Environment and the PORU of INPARQUES (Decree 121); and the General Law on Maritime Affairs and Related Activities.

• Any partial or extra payment left incomplete means you may not board any means of transportation to leave the island without paying. If you left without paying, you would be placed on a blacklist and would not be able to enter even national territory or other National Parks.

• We do not provide breakfast on the check-in day or lunch on the check-out day.

• We do not provide extra coolers on the check-out day, nor transfers to the cays. 

• We do not offer early check-in or late check-out (you must hand over the room at the indicated time and will receive it at the indicated time). 

• Check-in: 3:00pm (not earlier)

• Check-out: 1:00pm (no extensions)

2. AGREEMENT ON RECEIPT AND EXECUTION OF THE ADHESION CONTRACT

To take care of every detail of your trip, we formalize our commitment under the principle of good faith:

• ABSOLUTE ACCEPTANCE AT THE TIME OF PAYMENT: In accordance with Arts. 1133 and 1159 of the Civil Code, the client fully assumes these rules from the moment of payment. This binding contract is visible, printed and attached to your tax invoice and quote.

• FULL TRANSPARENCY: 100% of our policies are detailed and freely available to you at: 👉 https://drive.google.com/drive/u/0/folders/1sTNmFRRdhbo45BdTYBlmxV9dSoVQHMxW

  It is provided to you through various channels and is unavoidably displayed on the notice boards and on the doors of our rooms.

• Mandatory Check-in: You must fill out and sign your check-in upon arrival. It is the legal reconfirmation of the contract already accepted. Failing to do so denies you access.

• Cybercrime and Fraud: Protected by the Special Law Against Cybercrime (Art. 14), any attempt at a chargeback (unjustified payment reversal) after having received the service or after a cancellation due to force majeure will be reported criminally as fraud.

3. RESPONSIBILITY OF AGENCIES AND COMMERCIAL PARTNERS (THIRD PARTIES)

We maintain firm "Commercial Commitment Letters" with travel agencies. Under these agreements, third parties assume the criminal and unavoidable responsibility of communicating each policy to you before payment.

• If you believe there was an omission of information, we lovingly ask that you direct your claim or demand for compensation directly to the agency that arranged your trip. The posada is released from all civil, moral or financial liability for the errors or omissions of third parties.

4. THE REALITY OF A REMOTE DESTINATION AND THE MATERIAL IMPOSSIBILITY OF REFUNDS

Island tourism operations require financial and logistical engineering carried out far in advance. The instant your funds arrive, they are irreversibly transformed into logistics (pre-purchases on the mainland, sea/air freight and blocked capacity).

• Application of Art. 1272 of the Civil Code (Force Majeure): NO REFUNDS OR RETURNS OF MONEY ARE ACCEPTED, PROCESSED OR MADE UNDER ANY CIRCUMSTANCES (including medical emergencies, weather, pandemics, flights or island closures). It is materially and financially impossible to recover an investment that has already been spent. We ask for your loving understanding.

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5. ECOSYSTEM, NOISE, PETS, FORCE MAJEURE AND COEXISTENCE: IN A REMOTE NATIONAL PARK

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A. Biodiversity and Strict Pet Ban:

• Protected by the Law on the Protection of Wild Fauna and the strict Use Regulations (PORU) of INPARQUES, we inform you with the utmost respect that THE ENTRY OF PETS (of any kind or size) TO OUR FACILITIES IS STRICTLY PROHIBITED. This mandatory measure seeks to protect endemic species and ensure the peace of all our guests.

• Insects and Reptiles: In compliance with environmental rules, invasive chemical fumigation is prohibited. The occasional presence of insects and lizards is natural. We apply biodegradable controls weekly, but this natural coexistence is not grounds for a complaint or a refund.

B. External Noise: Los Roques is a living community. Unpredictably, residents or neighboring posadas may generate noise. We will lovingly mediate with the authorities, but if they hold permits, we have no jurisdiction. If it exceeds your sensitivity, we will offer you a transfer to Posada El Recuerdo or Posada Tropicana (subject to availability). There are no refunds for these force majeure inconveniences.

C. The collapse of sewage, graywater and plumbing in Los Roques is not the responsibility of the lodging establishments.

D. Damage to or failure of the water desalination plant that supplies the entire island is the responsibility of the government, as are all basic services and island supplies, gasoline, diesel and electricity. 

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You are on a remote island with no cable connection for any service; we implore you to keep in mind where you are. 

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6. STRICT ECOLOGICAL RULES: WATER AND ENERGY

A. Protecting the National Treasure 🚫💧 (MANDATORY PROHIBITIONS):

• 🚫 ABSOLUTE BAN ON WATER HEATERS 🪸: It violates CORPOELEC regulations, and the thermal discharge destroys the fragile coral reef. You will enjoy water at its natural temperature.

• 🚫 ABSOLUTE BAN ON PRESSURE PUMPS 💧: To prevent the thoughtless waste of a dramatically scarce resource.

  B. National Contingencies: Water depends on the government desalination plant (we will use portable showers if it fails). Electricity depends on our AGG 33 KVA generator (subject to state sales of diesel). Starlink Internet (no charge). No failure of national services gives rise to refunds.

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7. MARITIME LAW: NAVIGATION AND RISKS ON THE OPEN SEA

• Assumption of Natural Risk: Navigating involves forces beyond human control. We are not responsible and do not provide refunds for weather, waves, seasickness, or the loss of or damage to devices (cell phones, cameras). The guest voluntarily assumes the risk.

• Captain's Authority (INEA/SATIM): The captain's authority is absolute. Acts of indiscipline, refusal to wear life jackets, drunkenness or aggression will result in the cancellation of your transfer without a refund and a report to the naval authorities.

• Boat Availability: Packages include scheduled transfers. The boat is not at your exclusive disposal unless rented privately (from $650 USD per day). Any damage caused by recklessness will be charged to the offender.

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8. SIGNATURE CUISINE: LOGISTICS, INCLUDED MENUS AND PORTIONS

• Service Format (We are not an a la carte menu or a buffet): With the greatest affection and respect, we inform you that guests do not choose their food at will. Due to the extremely complex supply situation on the island, we do not operate as an a la carte restaurant or as an unlimited-consumption "all-inclusive resort."

• Two (2) Chef's Choice Menus: Every day we offer you the excellence of two (2) complete menu options (already included in your package), selected each day by our Chef based on the fresh catch and island logistics (WHO standards of 56 to 80 grams of protein).

• Extra Items: Special preparations or additional portions beyond the 2 daily menus carry an extra charge, invoiced separately.

• Meal Plan: Includes breakfast, cooler lunch, a simple appetizer and a 2-course dinner (snacks and 3-course dinners eliminated as of 08/01/2025). Per health regulations, bringing food into our refrigerators is prohibited. Preparing Botuto (a Protected Species) is legally prohibited.

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9. FLEXIBILITY AND REBOOKINGS

Rebooking (never refunds): Request must be made within 15 days after the unforeseen event, to be used within 1 month (Sunday to Thursday, subject to availability).

 

Administrative penalty of (ask management for the amount; it will depend on the case) per person plus fare differences. Not available for High Season, special offers, or in cases of political/humanitarian volatility.

We are not responsible for airline-related issues in general.

We are not responsible for political, war-related, military or worldwide situations such as pandemics.

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10. AUDIOVISUAL SECURITY AND PROTECTION OF THE PREMISES

• Audiovisual Backup (Cameras): To protect the truth (Art. 49 CRBV), our common areas have uninterrupted audiovisual recording. This material is lawful evidence (Art. 182 COPP) and will be handed over to the Police and the Prosecutor's Office in the event of any attempt to disturb public order or simulate facts.

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11. SEVERE PENALTIES FOR DISRESPECT AND DISCRIMINATION

• Any act of humiliation, shouting, insults or discrimination based on race, sexual orientation, gender identity, social status or religion is absolutely prohibited (Law Against Hatred).

• Engaging in such conduct toward staff or other guests will trigger our Right of Admission, resulting in IMMEDIATE EXPULSION (with police support), total cancellation of the reservation without a refund, and a permanent ban.

• Harassment, disrespect, bringing in narcotics or weapons (we will immediately call the authorities).

• Minors found without the presence of an adult related to the minor who cannot provide proof (we will immediately call the authorities).

• Detection of prostitution or improper conduct (we will immediately call the authorities).

• Drug use on our premises.  (we will immediately call the authorities).

• Suggestive behavior toward our team, innuendo, or provocations of any kind will be treated as workplace harassment. A first warning will be given, and if it is repeated, the authorities will be called. 

• Animal abuse or abandonment of responsibilities toward animals.  (we will immediately call the authorities).

• Leaving babies and children under 6 years old alone in the rooms or at the posada without staff supervision (we will immediately call the authorities).

• Threats, insults, slander, unfounded accusations, simulation of facts, aggressive or indecent behavior, disrespectful and offensive language (we will immediately call the authorities and our legal representatives, in addition to the island's administrative authorities). 

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12. PROTECTION OF DIGITAL REPUTATION, REVIEWS AND DEFENSE AGAINST SLANDER ON PLATFORMS

At our posadas we deeply value constructive feedback expressed with love, honesty and mutual respect. However, the honor, morals and impeccable reputation of our dedicated team are sacred.

• Objection to and Reporting of False Reviews: If a guest or operator decides to post a review, comment or rating on digital platforms (such as Google Reviews, TripAdvisor, Booking, Social Media, among others) that is written in bad faith, lacks foundation, distorts reality, omits the force majeure conditions previously accepted in this contract, or simulates events that never occurred, our company will immediately object to, appeal and report such publication to the legal departments of the respective platforms.

• Irrefutable Evidence: To demonstrate our impeccable commitment and dismantle any slander, we will present to the platforms and courts all of our audiovisual evidence (security cameras), photographic records of the actual service and plated dishes delivered, chat histories, invoices and this very contract, signed.

• Violation of Laws and Criminal Actions: We inform you firmly but respectfully that publishing defamatory, false or simulated reviews is not freedom of expression, but a crime that flagrantly violates:

  • Article 60 of the CRBV: Which guarantees the protection of the honor, private life, privacy and reputation of persons and companies.

  • The Venezuelan Criminal Code: Incurring the established crimes of Defamation (Art. 442), Insult (Art. 444) and Simulation of Facts (Art. 239).

• In the face of any malicious review that seeks to extort, harm or alter the truth, our legal team will file the corresponding civil and criminal lawsuits for moral damages and losses against the actual author of the publication.

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SWORN STATEMENT AND GUEST ACCEPTANCE

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I, the primary guest, solemnly declare that I ASSUME, ACCEPT, UNDERSTAND AND APPROVE unconditionally and irrevocably the entirety of this ADHESION CONTRACT from the very moment I make payment for my reservation (endorsed in my invoice) and ratify it by signing my check-in. I understand that:

1. Everything is binding and visible on Drive, invoices, chats and in the rooms.

2. REFUNDS NEVER APPLY due to logistical irreversibility (Art. 1272 CCV).

3. Claims for omission of information must be directed exclusively to the selling agency.

4. I accept the maritime risks, the Captain's authority, and the strict ban on pets in the Park.

5. I accept the local wildlife, the community noise, and the ban on water heaters/water pumps.

6. I understand that I do not choose from an à la carte menu, but will enjoy the 2 wonderful daily options selected by the Chef under hotel portion standards. Extra items are paid.

7. I will treat everyone with deep respect, under continuous audiovisual monitoring.

8. I understand the serious legal implications (Defamation and Libel) of posting false, malicious, or fabricated reviews on Google or TripAdvisor, and I authorize the posada to use audiovisual material to refute slander and defend its honor in legal proceedings.

 

Bolivarian Republic of Venezuela (2024-2025-2026)

Los Roques Archipelago, Barquisimeto, Caracas (Sebucán) and Miami, FL (USA)

Caball Design LLC | Viaje Fresco C.A | Latam Fresh Travel Corp | Random Project Caball Corp | Posadas de los Roques Corp

With our deepest love, respect, and vocation for service:

Posadas Eva C.A., Rita Diaz, Wendy De Sousa, Aaron Diaz, Justine Caballero, Eva Romero and associates.

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ANNEX FOR INTERNATIONAL GUESTS AND VISITORS

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LEGAL ANNEX FOR INTERNATIONAL GUESTS: JURISDICTION, DUTIES, AND REGULATIONS FOR FOREIGNERS IN VENEZUELAN NATIONAL PARKS

Dear international visitor, it is a profound pride and an immense joy for us to welcome you to our beloved Venezuela and, very especially, to the Los Roques Archipelago National Park. We hope your experience at our properties will be an unforgettable memory, full of peace, beauty, and love.

To protect the magic of this natural sanctuary and ensure a coexistence of absolute respect, we inform you with the utmost transparency and cordiality that the Venezuelan State exercises full sovereignty over its territory. By entering our country and enjoying our posadas, you are lovingly welcomed, but also strictly subject to and protected by the legal system of the Bolivarian Republic of Venezuela.

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1. PRINCIPLE OF TERRITORIALITY AND LEGAL OBLIGATION:

• Civil Code of Venezuela (Article 8): We respectfully inform you that Venezuelan law is strictly territorial in nature. Article 8 clearly establishes that "the authority of the Law extends to all persons, national or foreign, who are in the Republic." This means there is no exemption, immunity, or ignorance of the law on the grounds of nationality. By setting foot on the island territory, you assume full compliance with our civil, criminal, and environmental regulations.

2. IMMIGRATION AND COEXISTENCE REGULATIONS:

• Law on Foreigners and Immigration: Our country opens its doors to you with all its heart, requiring in return sacred respect for our public order, our institutions, and our citizens. Under this law, any foreigner who engages in acts of violence, mistreatment of staff, discrimination, serious disturbance of public order, or damage to the nation's environmental heritage will be subject to severe administrative sanctions, including immediate deportation or expulsion from the national territory, with the resulting cancellation of their visa or tourist permit, without the right to a refund for their contracted tourism services.

• Constitution of the Bolivarian Republic of Venezuela (CRBV): Our founding document establishes that foreigners have the same duties as Venezuelans to honor and defend the nation, its symbols, and its cultural values and, very especially, the sacred duty to protect the environment (Articles 127, 128, and 129).

3. CRIMINAL JURISDICTION AND ECOSYSTEM PROTECTION:

• Criminal Environmental Law and Organic Environmental Law (LOA): The flora, fauna, corals, and water of Los Roques are a treasure of humanity, but legally they are the Sovereign Heritage of the Venezuelan State. Every international visitor is subject to the jurisdiction of the Venezuelan courts. Any damage to the ecosystem (extracting corals, consuming protected species such as the Botuto [queen conch], pollution, or animal abuse) will be prosecuted as an Environmental Crime in Venezuela, which carries a prison sentence, regardless of whether the offender is a foreign tourist.

• Management Plan and Use Regulations (PORU) of INPARQUES: The authority of the National Parks Institute is supreme and unquestionable. The bans on flying drones without a permit, navigating outside permitted areas, and bringing pets into the park apply with total rigor to international visitors.

4. DISPUTE RESOLUTION AND WAIVER OF FOREIGN JURISDICTION:

• By accepting this adhesion contract through payment of your reservation, the international guest lovingly and in good faith agrees that any dispute, objection, or legal matter arising from their stay at the posadas, sea transfers, or interaction with the ecosystem will be submitted exclusively to the jurisdiction, courts, and laws in force of the Bolivarian Republic of Venezuela, expressly waiving any other forum, court, or international jurisdiction of their country of origin or residence.

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Dear visitor, these laws seek nothing other than to be a shield of love and protection for our environment and for you yourself. By abiding by them, you help us preserve this pristine paradise for future generations and allow us to provide the impeccable, safe service you deserve. Thank you for respecting our home, which from today is also yours!