Terms of Service
WEBSITE TERMS OF SERVICE AND PRIVACY POLICY (“TERMS”)
Last Updated: February 14, 2025
Please read these Terms carefully before using any websites owned and operated by Roatan LLC (collectively, the “Website”), including but not limited to:
1) RoatanOnline.squarespace.com
2) RoatanTourismBureau.SquareSpace.com
3) roatantourismbureau.com
4) roatan.online
5) roatantourismbureau.net
6) roatantourismbureau.org
7) roatan.news
8) roatan.villas
9) roatan.community
10) roatan.exposed
11) roatan.legal
12) utila.online
13) utilatourism.org
14) utilatourismbureau.org
15) guanaja.online
16) bayislandstourismbureau.com
17) canaturh.com
I. INTRODUCTION AND ELIGIBILITY
A. About Us
Roatan LLC is a Wyoming (U.S.A.) limited liability company registered to do business in Próspera ZEDE, a special jurisdiction in the Republic of Honduras, that operates as an authorized marketing and booking agent for touristic facilities and service providers located in the Bay Islands of Honduras. Through our Website, we facilitate online bookings for tours, accommodations, activities and other tourism-related services (“Services”) offered by local providers (“Service Providers”).
B. Acceptance of Terms
By accessing or using the Website, you agree to be bound by these Terms, which include our Privacy Policy. If you do not agree to these Terms, do not use the Website.
C. Eligibility Requirements
Access to and use of the Website is strictly limited to:
1. Persons who are at least 18 years of age or the age of majority in their jurisdiction;
2. Citizens and lawful residents of countries that are NOT:
(a) Subject to the European Union’s General Data Protection Regulation (GDPR);
(b) Subject to any data protection or privacy regulations that are equally or more burdensome than the GDPR; or
(c) Located in any jurisdiction that prohibits or requires special registration or licensing for the booking services offered through the Website
D. Access Warranty
By accessing or using the Website, you expressly warrant and represent that:
1. You meet all eligibility requirements;
2. You are not accessing the Website from a jurisdiction where such access would be prohibited or restricted; and
3. Your use of the Website complies with all applicable laws and regulations.
II. BOOKING SERVICES AND PAYMENT TERMS
A. Booking Process
1. The Website allows you to browse and book Services offered by Service Providers;
2. All bookings are subject to availability and acceptance by the Service Provider; and
3. Upon booking, you will receive a confirmation email with details about your reservation.
B. Payment and Funds
1. All payments are processed in US Dollars.
2. Funds received from bookings:
(a) Are not held in escrow;
(b) May be immediately used by Roatan LLC for:
i. Payment to Service Providers.
ii. Commission fees; and
iii. Operating expenses;
(c) Will be processed according to our agreement with Service Providers.
C. Booking Claims, Refunds, and Liquidated Damages
1. Booking Claims
(a) All bookings must be claimed in person at the Service Provider’s location on the scheduled date and time.
(b) You must present valid government-issued photo identification and your booking confirmation.
(c) Failure to claim your booking as specified constitutes a material breach of these Terms.
2. Refund Policy and Liquidated Damages
(a) You acknowledge and agree that the exact amount of damages resulting from unclaimed bookings, late cancellations, and no-shows is difficult to determine and that the liquidated damages provisions below represent a reasonable estimate of Roatan LLC’s and Service Providers’ losses.
(b) Full refunds are available ONLY if requested at least 48 hours before the scheduled service date and time.
(c) If you fail to request a refund at least 48 hours before the scheduled service date and time, OR if you fail to claim your booking at the service location:
i. The entire booking fee shall be retained as liquidated damages
ii. This amount represents fair compensation for administrative costs, lost booking opportunities, and Service Provider preparation expenses; and
iii. You acknowledge this amount is not a penalty but a reasonable forecast of just compensation for the losses caused by your breach.
(d) No refunds will be issued under any circumstances for
i. Requests made less than 48 hours before the scheduled services
ii. No-shows
iii. Failure to present required identification; or
iv. Unclaimed bookings
(e) These liquidated damages provisions shall be enforceable to the maximum extent permitted by applicable law
3. Additional Terms
(a) Time is of the essence for all booking claims and refund requests
(b) All times referenced are in the time zone of the Service Provider’s location
(c) Roatan LLC reserves the right to ban users who repeatedly fail to claim bookings or request late refunds
D. Agency Relationship
1. Roatan LLC acts solely as a booking agent for Service Providers
2. We do not own, operate, or control any of the Services offered
3. Service Providers are solely responsible for:
(a) Providing the booked Services;
(b) Quality and safety of Services;
(c) Compliance with applicable laws and regulations; and
(d) Handling customer service issues related to their Services.
III. PRIVACY POLICY
A. Information We Collect
1. Personal Information:
(a) Name
(b) Email address
(c) Phone number
(d) Billing address
(e) Payment information
(f) Booking preferences
(g) Service history
2. Automatically Collected Information:
(a) IP address
(b) Browser type
(c) Device information
(d) Usage data
(e) Cookies and similar technologies
B. Use of Information
We use collected information to:
1. Process your bookings
2. Communicate about your reservations
3. Provide customer support
4. Improve our services
5. Prevent fraud
6. Comply with legal obligations
C. Information Sharing
We may share your information with:
1. Service Providers to fulfill your bookings
2. Payment processors
3. Legal authorities when required by law
4. Professional advisors
5. Business partners with your consent
D. Data Security
We implement reasonable security measures but cannot guarantee absolute security of data transmission or storage.
E. License Grant. By submitting, uploading, providing, or otherwise making available any information, content, reviews, feedback, suggestions, or materials through the Website or in connection with the Services (“User Content”), you hereby:
1. Grant to Roatan LLC a perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free, and non-exclusive license to use, copy, modify, create derivative works of, and distribute such User Content in any manner and for any purpose, including but not limited to:
(a) Operating, providing, and improving the Website and Services;
(b) Marketing and promoting the Website, Services, and Service Providers;
(c) Analyzing user behavior and preferences;
(d) Developing new products and services; and
(e) Any other legitimate business purpose.
2. Represent and warrant that:
(a) You own or have obtained all necessary rights and permissions to grant this license;
(b) The User Content and Roatan LLC's use thereof will not infringe any third party's rights; and
(c) The User Content complies with all applicable laws and regulations.
3. Survival. The license granted under this section shall survive any termination of your use of the Website or these Terms.
IV. DISCLAIMERS AND LIMITATIONS OF LIABILITY
A. Service Disclaimers
1. Services are provided “AS IS” without warranties.
2. We do not guarantee availability or quality of Services.
3. Service Providers are independent contractors.
4. We are not liable for Service Provider actions or omissions.
B. Limitation of Liability
1. We are not liable for:
(a) Service Provider performance
(b) Personal injury or property damage
(c) Consequential or indirect damages
(d) Lost profits or revenue
2. Total liability limited to amounts paid for booking.
V. DISPUTE RESOLUTION
A. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the Rules of Próspera ZEDE, as published at https://pzgps.hn (the “Próspera Rules”), as amended from time to time, to the furthest extent permitted by the laws of Wyoming, without regard to conflicts of law principles.
B. Agreement to Arbitrate
1. You and Roatan LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Website or Services (collectively, “Disputes”) shall be resolved solely by binding arbitration administered by the Próspera Arbitration Center LLC (“PAC”) in accordance with its Private Expedited Binding Arbitration Rules (the “PAC Rules”) then in effect, which are available at https://pac.hn. YOU ACKNOWLEDGE AND AGREE THAT YOU AND ROATAN LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
2. The arbitration shall be conducted by a single neutral arbitrator selected in accordance with the PAC Rules. Unless you and Roatan LLC otherwise agree, the arbitration will be conducted online through PAC’s virtual platform.
3. If your claim does not exceed $10,000 USD, then the arbitration will be conducted solely on the basis of documents you and Roatan LLC submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary.
4. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or relating to the interpretation or application of this Arbitration Agreement, including the enforceability, revocability, scope, or validity of this Arbitration Agreement or any portion thereof.
5. Payment of all filing, administration, and arbitrator fees will be governed by the PAC Rules. The parties acknowledge that the PAC Rules may provide for expedited procedures and cost-effective fee structures designed to promote access to justice.
C. Exceptions to Agreement to Arbitrate
Notwithstanding the agreement to arbitrate all Disputes, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).
D. 30-Day Right to Opt Out
You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to Roatan LLC, Beach Club, Pristine Bay, St. John’s Bay, Prospera ZEDE, Roatan, IB, HN 34101 and legal@prospera.hn within thirty (30) days after first becoming subject to this Arbitration Agreement on the first occasion that you accessed the Website. Your notice must include your name and address, the date when you first accessed the Website, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply.
VI. MODIFICATIONS TO TERMS
We may modify these Terms at any time. Continued use of the Website constitutes acceptance of modified Terms.
VII. CONTACT INFORMATION
For questions about these Terms:
Roatan LLC
Beach Club, Pristine Bay
St. John’s Bay, Prospera ZEDE
Roatan, IB, HN 34101
VIII. SEVERABILITY
If any provision of these Terms is found invalid, the remaining provisions remain in effect.