Terms and Conditions

Welcome to Flora Farms ("Flora Farms," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our websites, including flora-farms.com, stay.florafarms.com, and book.florafarms.com (collectively, the "Sites"), as well as any related services, applications, or features provided by us (collectively, the "Services"). By accessing or using our Sites or Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Sites or Services.

Eligibility

The Primary Guest must be at least 21 years of age and have the legal capacity to enter into binding agreements. By completing a booking, the Primary Guest confirms that they meet this requirement. Bookings made by persons under 21 are void and may be cancelled without refund.

Booking and Payments

The full rental fee, including applicable taxes, must be paid in full at the time of booking in order to confirm and secure the reservation. Refunds, if applicable, will be processed in accordance with the terms outlined in the Cancellation Policy. All inquiries received through the respective online booking platform ("Rental Platform") will be responded to within a maximum of 24 hours.

Cancellation Terms

Cancellations are subject to the following schedule based on the number of days before the scheduled arrival date:

• 60 or more days before arrival: Full refund of the rental fee, or a booking credit valid for 12 months.
• 30 to 59 days before arrival: 50% refund of the rental fee, or a booking credit for the full amount valid for 12 months.
• Less than 30 days before arrival:Non-refundable. The Guest may request a booking credit for the full amount, valid for 12 months, at Flora Farms' sole discretion.

Booking credits are non-transferable, cannot be exchanged for cash, and expire 12 months from the date of issue.

Travel Insurance

Flora Farms strongly recommends that all Guests purchase comprehensive travel insurance prior to their stay, covering at minimum: trip cancellation and interruption, medical expenses and emergency evacuation, and personal belongings and liability. Flora Farms is not an insurance provider and bears no responsibility for losses, costs, or expenses that would have been covered by an appropriate travel insurance policy. By completing a booking, the Guest acknowledges that they have been advised to purchase travel insurance and accepts full responsibility for any consequences of choosing not to do so.

Force Majeure

Notwithstanding the Cancellation Terms above, Flora Farms recognises that certain extraordinary circumstances beyond the Guest's control may prevent travel. A "Force Majeure Event" means any of the following that directly prevents the Guest from travelling to or occupying the Lodging:

• Natural disasters (earthquakes, hurricanes, floods, wildfires)
• Government-imposed travel restrictions, border closures, or mandatory evacuation orders
• Declared public health emergencies or pandemics affecting the destination region
• Large-scale utility outages or infrastructure failures at the property location
• Acts of war, terrorism, or civil unrest in the destination region

In the event of a qualifying Force Majeure Event, the Guest must notify Flora Farms within 14 days and provide reasonable supporting documentation (e.g. government advisories, news reports, airline cancellation notices). Upon verification, the Guest may choose either a full refund or a booking credit valid for 12 months from the date of issue. This clause does not apply to personal circumstances such as illness, changes of plan, or travel disruptions not directly caused by a Force Majeure Event.

Check-in and Check-out Timings

Guests can check in anytime after 4:00 PM on the arrival date and must check out by 11:00 AM on the departure date. Early arrivals or late departures may be offered at certain properties featuring community areas, subject to prior approval and availability.

Amenity Access

Guests have access to their reserved Lodging and any communal amenities (e.g., pool, shared spaces) where available. This includes access to the Community Pool.

Rental Platform Acknowledgement

By reserving a Lodging through a Rental Platform (e.g., Flora-Farms.com, Stay.FloraFarms.com, Airbnb, Vrbo, Booking.com, or any similar platform), the "Primary Guest" agrees to adhere to both the platform's terms and conditions and those outlined in these Terms. This includes, but is not limited to, check-in/check-out times and any other platform-specific rules.

Occupancy

The Guest is limited to the maximum occupancy of the reserved property. Before arrival, the Guest must provide the names of all individuals staying during the reservation period. Unlisted persons are not allowed on the property without prior written approval.

Harvesting Restrictions

Guests (and their companions) may not pick any herbs, fruits, or other plants from the property. "Harvesting Privileges" are exclusively reserved for deeded fractional real estate owners of the property.

Weapons and Firearms Prohibited

Possession of weapons, including but not limited to firearms, is strictly prohibited on the Lodging premises. Any violation of this policy results in immediate termination of the Agreement, and Guests will be required to vacate the property without refund.

Recreational Lodging Only

The Lodging is intended for recreational and residential use only. Under no circumstances shall it be used for business, commercial, or professional activities.

Lodging Fee

The Primary Guest is responsible for paying the rental fee and all applicable taxes or fees according to the Rental Platform's terms. The Innkeeper is not liable for disputes or discrepancies related to the Rental Platform's pricing.

No Smoking or Vaping

Smoking or vaping of any substance is prohibited on the Lodging premises, both indoors and outdoors. Violations are considered a material breach and may lead to immediate termination of the Agreement without refund.

Pets

Small pets are permitted in the Lodging, subject to the property's specific guidelines. Service Animals must be pre-registered by sending documentation to residences@florafarms.com at least 2 days before check-in.

No Events, Parties, Gatherings, Meetings, or Celebrations

Guests must not host parties, celebrations, meetings, or other events without prior written consent from the Innkeeper. Any unauthorized event will result in termination of the booking without refund, and the Innkeeper bears no responsibility for finding alternate accommodations.

Good Conduct and Quiet Hours

Guests are expected to behave respectfully and act as good neighbours. Quiet hours are in effect from 10:00 PM to 8:00 AM daily. During quiet hours, noise must not be audible from neighbouring properties. Violations of quiet hours or disruptive behaviour at any time may lead to immediate termination of the Agreement without refund.

The Accordance of Local Laws

Guests must comply with all applicable local laws and regulations. The Innkeeper may refuse entry or ask Guests to vacate if there is reasonable belief that any occupant is engaging in illegal or otherwise prohibited activities.

Innkeeper Access

The Innkeeper (or designated representatives) may access the Property at reasonable times for maintenance, repairs, or inspections, typically with prior notice. In emergencies or urgent situations, no prior notice is required.

No Physical Alterations

Guests are strictly prohibited from making physical alterations to the Lodging, including but not limited to structural changes or unauthorized installations.

Issue Reporting

Guests must report any material issue with the Lodging (including habitability concerns, maintenance failures, material misrepresentation, or safety hazards) within 72 hours of discovery or check-in, whichever is later, by contacting Flora Farms at residences@flora-farms.com or through the Rental Platform. Failure to report an issue within this window may limit the remedies available to the Guest.

Compliance with Lodging Rules

Guests agree to adhere to all rules and regulations outlined in these Terms and any additional guidelines provided on the Rental Platform.

Termination and Refund Policy

Violations of any provisions in these Terms may result in the Guest being asked to vacate immediately, without refund. The Innkeeper reserves the right to end the stay for any lawful reason, including but not limited to non-compliance with local laws. If eviction occurs, the Primary Guest is not entitled to any refund or compensation except as specified under the "Damage Deposit" clause.

Recreational Lodging Agreement

Before check-in, the Guest must electronically sign a Recreational Lodging Agreement in compliance with insurance and liability laws. This Agreement includes a link to pay a refundable Damage Deposit, a standard practice in hospitality.

Use of Damage Deposit

The Host holds the deposit without interest as security for the Guest's performance under the Recreational Lodging Agreement. The Host may apply any portion of the deposit to cover unpaid charges or damages. Any balance will be refunded as described below.

Liability for Loss and Damages

The Lodging is furnished according to its Rental Platform listing and photos, and the Primary Guest accepts sole responsibility for any damages, misplacements, or repairs beyond ordinary wear and tear. These damages extend to the Lodging and its contents ("Contents"), which may include items listed with a replacement value and a 15% markup to compensate for procurement-related expenses. The Primary Guest may request a copy of the property's primary contents and photos, which they will be required to inspect and verify within the first three hours of arrival. Failure to notify the Innkeeper of any discrepancies during this window shall be deemed acceptance of the Contents in good condition. The Innkeeper may deduct from the Security Deposit for any repairs or replacements made necessary by the Guest's stay, including extended dates if the Guest opts to remain longer. If the costs exceed the Security Deposit, the Innkeeper reserves the right to pursue additional compensation from the Primary Guest, including legal remedies if needed.

Return of Damage Deposit

The Damage Deposit shall be refunded to the Guest without interest, and minus any offsets for unpaid amounts owed to the Host, within seven to fifteen days after the Guest has vacated the Property. If the Host retains any portion of the deposit for damages or unpaid charges, a detailed list of the deductions will be provided to the Guest along with any remaining balance.

Innkeeper's Lien

The Innkeeper provides transient recreational lodging, and in doing so, the Guest grants the Innkeeper a lien on any baggage or personal property brought to the Property by the Guest. This lien secures payment for accommodations, lodging-related costs, or anything furnished at the Guest's request that the Damage Deposit does not cover. If any sums remain unpaid for thirty days, the Innkeeper may sell the baggage or personal property at public auction and apply the proceeds toward the outstanding amount.

Limitation of Liability

To the maximum extent permitted by law, Flora Farms' aggregate liability to the Guest under or in connection with these Terms, whether arising in contract, tort, or otherwise, shall not exceed the total amount paid by the Guest for the booking giving rise to the claim. This limitation does not apply to liability arising from gross negligence or wilful misconduct on the part of Flora Farms.

Dispute Resolution

In the event of any dispute arising from or related to these Terms, the parties agree to first attempt resolution through good-faith negotiation within 14 days of written notice of the dispute. If the dispute is not resolved through negotiation, the parties agree to submit the matter to mediation conducted by a mutually agreed neutral mediator before commencing any legal proceedings. The costs of mediation shall be shared equally between the parties.

Jurisdiction

If mediation does not resolve the dispute, all legal proceedings shall be governed by and construed under the laws of Baja California Sur, Mexico, where the property is located. Any legal proceedings will be conducted in the same jurisdiction. The provisions concerning indemnification, as described herein, shall remain in effect even after this Agreement concludes or terminates.

Guest's Agreement

By completing a booking through the Flora Farms booking platform, the Guest explicitly accepts these Terms and Conditions, including the Release of Liability outlined below. Acceptance is confirmed through the mandatory Terms and Conditions checkbox presented during checkout. For bookings made through third-party Rental Platforms (e.g. Airbnb, Vrbo, Booking.com), the Guest's acceptance of these Terms is implicit upon proceeding with the reservation, and the Guest will be required to reaffirm acceptance by electronically signing the Recreational Lodging Agreement before check-in.

Affirmation of Liability Release

By booking accommodations through Flora Farms, I, the Primary Guest, agree to indemnify, defend, and hold harmless the Innkeeper, the Property, its proprietors, representatives, agents, management team, and officers from all claims, liabilities, damages, costs, and expenses, including reasonable attorney's fees, arising from or associated with any accident, injury, or damage that may occur during my occupancy of the Property. This includes circumstances related to the absence of any safety protections.

I further recognize that the Lodging may feature Aquatic Amenities, such as a swimming pool, hot tub, or ponds, and I understand that no lifeguard services will be provided. By using these amenities, I confirm my physical fitness and swimming proficiency to a degree that does not pose a danger to myself or others, even in deeper water. I accept the inherent risks of swimming and aquatic activities, which may include severe physical injury or death due to conditions such as extreme weather, the state of the Aquatic Amenities, accidents, health emergencies, or other participants' behavior, compounded by the possibility that no assistance may be available in an emergency. I voluntarily choose to use these Aquatic Amenities fully aware of and accepting these risks, and I assert that any accompanying companions do so at their own risk as well.

I assume all risks for myself and any such companions, including but not limited to family members. On behalf of myself and my family, I permanently renounce and discharge any and all rights and claims of any kind that I or my family may hold now or in the future against the Innkeeper or its officers. I acknowledge that the Property and its Aquatic Amenities lack child safety barriers or similar protections, and I choose to stay at the Property despite being aware of these potential hazards. I release and indemnify the Innkeeper and its officers from all liability associated with any accidents or injuries that may arise during my stay, including those related to the absence of such safety measures.

Privacy and Data Protection

Flora Farms collects and processes personal data (including names, email addresses, phone numbers, and payment details) in connection with bookings made through the Sites. All personal data is handled in accordance with our Privacy Policy and in compliance with Mexico's Federal Law on the Protection of Personal Data Held by Private Parties (Ley Federal de Protección de Datos Personales en Posesión de los Particulares, LFPDPPP). By proceeding with a booking, the Guest consents to the collection and processing of their personal data as described in the Privacy Policy.

Contact Us

If you have any questions or concerns regarding these Terms, please contact us at residences@flora-farms.com. We will make every effort to address your inquiries promptly.