Terms and Conditions
FINE HOST establishes and discloses the TERMS AND CONDITIONS, to which all individuals and / or legal entities (hereinafter the Host as defined below), who use and purchase the various services of the page www.finehost.mx , hereinafter "the Site", will be subject to.
The present terms and conditions regulate the access or use that any physical and/or moral person, from any country in the world, who wishes to access and/or use the site or acquire the services, may do so subject to the Terms and Conditions, together with all other policies and principles that regulate FINE HOST.
By accessing and using the site, the Host accepts in full and without reservation, the present terms and conditions, if the Host does not agree with the present terms and conditions, either in some of its clauses or in all of them, he/she shall refrain from accessing and using the site.
YOU acknowledge that FINE HOST is a platform that provides the service of property management and administration of real estate properties to enhance the leasing of your property (s) on digital platforms. The Host acknowledges and agrees that it has no relationship of partnership and/or subordination to FINE HOST.
GLOSSARY
The Services offered by FINE HOST are only available to individuals and / or legal entities that have legal capacity to hire FINE HOST services. The services may not be used by persons who do not have such capacity, nor by minors without the authorization of their parents or guardian.
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FINE HOST: Is the service provider of management and administration of real estate properties to enhance the leasing of the property (s), property of the Host, on digital platforms.
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RANGE OF SERVICES: Refers to the services contracted by the Host and duly performed by FINE HOST, which among others can be: cleaning services, property maintenance, as well as the administration of real estate.
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HOST: Owner of the property(ies), who intends to make them available to third parties (GUEST), for the sole purpose of renting them for residential use.
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GUEST: individual or legal entity that contracts the temporary use and enjoyment of the PROPERTY by means of a short-term lease contract, through the different Digital Platforms.
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PROPERTY: A dwelling house, apartment, building or any housing unit, owned by the HOST, which is to be leased for short-term residential use.
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RESERVATION(S): Scheduled dates for short-term residential rental.
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OCCUPATIONAL RATE: monetary amount that is fixed per night in the digital platforms, which is determined by market analysis in the surroundings of the property, taking into account the geographical location of the property, supply/demand in the area, etc. This in order to enter a competent market and obtain positive results in the rate of reservations.
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OPERATIONAL EXPENSES: These are all those expenses incurred for the purpose of preparing the property to receive the HOSPITAL, as well as during the HOSPITAL's stay. Such expenses include, but are not limited to: (1) amenities, such as: toilet paper, body soap, shampoo, garbage bags, etc. (2) extraordinary and specific purchases such as: purchase of kitchen utensils, sheets, pillows, among others (3) maintenance and cleaning services. Operational expenses are at the sole cost and expense of THE HOST.
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PARTICIPATION BENEFIT: is the cost to be covered by THE HOST for the provision of FINE HOST services; which is calculated on the total amount of the occupancy rate set by the digital platforms before taxes and before the rate established by the digital platform.
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DIGITAL PLATFORM: means of communication through which a property is advertised for short-term rental for residential use, which may include but are not limited to: Airbnb, Booking and HomeAway or any other digital platform - Online Travel Agent.
1. DESCRIPTION OF SERVICES
FINE HOST will exclusively provide the following services: administration of the property(ies) owned by THE HOST which said property(ies) may be rented by the GUESTS through the different digital platforms. For purposes of the foregoing, FINE HOST will offer to THE HOST: (i) property cleaning services, (ii) basic preventive and/or corrective maintenance coordination services, (iii) GUEST care service, (iv) property management and administration services for its advertisement in the different digital platforms and (v) any other service related to the skills, experience and knowledge of FINE HOST. By virtue of the foregoing, FINE HOST is not responsible for the content or veracity of the publications made by the Hosts, nor for the information of the GUESTS published on the Website and/or Mobile Application.
2. OBLIGATIONS/RESPONSIBILITIES OF THE HOST
a. The Host must prove to be the legitimate owner of the property, by means of the corresponding property deed, or in its absence, to have power of attorney for the use, and enjoyment of the property.
b. The Host must hand over to FINE HOST the administration of the property, which will be used for the service of short-term rentals through the digital platform(s) of the Host's choice.
c. The Host is obliged to accept the terms and services of the digital platforms that can be consulted through their web pages. By way of example but not limited to, we include the links where such information can be consulted.
d. The Host is obliged not to contract similar and/or equal services and therefore accepts the exclusivity with FINE HOST.
e. Refrain from any action that could damage the image of the FINE HOST brand, as well as its platform or website, otherwise FINE HOST may proceed legally.
f. Respect the intellectual and industrial property rights of FINE HOST on the content, information and services provided from or through FINE HOST, refraining in general from copying, distributing, reproducing or communicating in any way the same, without the corresponding written permission.
g. It is the obligation of the Host to read, know, and accept the Terms and Conditions of Use of Service of the digital platform where he/she wishes to make his/her property available to third parties for the purpose of renting it for residential use.
h. There will be other obligations in charge of THE HOST, once the contract is signed and based on the contracted plan.
3. FINE HOST OBLIGATIONS/RESPONSIBILITIES
FINE HOST undertakes, among other things, to:
a. Perform all services contracted by the Host and to execute them with the best possible performance and responsibility.
b. To perform the service with honesty, lawfulness and respect for the Host and/or third parties.
c. To communicate to the Host any indication of misuse, illicit use, inappropriate or prohibited uses of the property.
d. There will be other obligations in charge of FINE HOST, once the contract is signed and based on the contracted plan.
4. RATES, CANCELLATIONS & REFUNDS
THE HOST will select the FINE HOST service contracting plan that best suits their needs. The services that FINE HOST is obliged to provide will depend on the plan contracted by THE HOST.
The nightly rates may be modified only by FINE HOST who reserves the right to make changes at the times and in the manner it deems appropriate.
FINE HOST will establish cancellations and refunds depending on the contracted plan. The information related to cancellations and refunds will be identified at the time of contracting FINE HOST services.
5. TAXES
As established by current tax regulations in Mexican Law, the Host shall be solely responsible for the payment of taxes, as well as issuing the corresponding invoices for the provision of leases within the digital platform of their choice.
6. TEMPORARY SUSPENSION OR DEFINITIVE TERMINATION OF FINE HOST'S SERVICES
FINE HOST reserves the right to temporarily or permanently suspend the provision of services to the Host when any or some of the following conditions are present:
a. The falseness of the personal and/or professional data provided by the Host during the registration process in FINE HOST.
b. When there is the interruption of the continuous execution of 3-three events or start of projects of professional services or blocks of 3-three hours, without generating a new block or project,
c. Any type of action on the part of the Host that could put at risk or damage systems, equipment or relationships of FINE HOST,
d. Any type of action on the part of the Host that violates the terms and/or particular conditions that may regulate specific services, the Law or generally accepted good customs.
e. FINE HOST will suspend the service when the Host has 30 calendar days without paying for services.
The Host is solely responsible for any claim, legal action, judicial or extrajudicial, initiated by third parties, or by FINE HOST based on uses of the services contrary to the law, morality, good faith and generally accepted good customs.
7. EXCLUSION OF LIABILITIES
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FINE HOST shall not be liable in any case and to any extent, for direct or indirect damages, consequential damages or eventual damages caused by the GUEST.
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FINE HOST shall not be liable for any inconvenience suffered by THE GUEST arising from the possession and/or ownership of THE PROPERTY.
8. INTELECTUAL PROPERTY
The trademarks and logos of FINE HOST, as well as the content of the site, the domain name, the systems used, databases, and in general the copyrights regarding the content, information, photographs, images, applications, programs and in its entirety and generality the content of the site is duly registered and protected in accordance with applicable law, for such reasons. THE HOST may not use it for any purpose other than that set forth in these Terms and Conditions.
It is strictly prohibited to remove, delete, alter, modify, reproduce, download, publish, exploit, distribute or corrupt the use of the content of the site, whether for commercial or any other purpose.
The use of images, illustrations and their fragments, as well as other material that is subject to copyright protection, will be for informational and illustrative purposes, so that any other use such as profit, reproduction, editing or modification, will be legally pursued by FINE HOST or by the holder of intellectual property rights.
FINE HOST reserves the right to investigate and prosecute any attempt and/or commission of infringement of copyright or industrial property, related to the material contained in the site, which may generate civil or criminal liability and that in consideration of FINE HOST may be reported to the competent authorities.
9. AMENDMENTS TO THIS AGREEMENT
FINE HOST may modify the General Terms and Conditions at any time by posting the modified terms on the Site. All modified terms will become effective on the day following their publication. Such modifications will be communicated by FINE HOST to HOSTS within their FINE HOST Account Settings, as indicated. Any HOST that does not agree with the modifications made by FINE HOST may request the unilateral suspension of FINE HOST services.
10. APPLICABLE LAW AND JURISDICTION
Any controversy, litigation and/or any other contingency arising from the celebration, implementation, interpretation and/or execution of these Terms and Conditions of Use of the Website shall be subject to the provisions of the Law of Alternative Dispute Resolution Mechanisms of the State of Yucatan, consequently, before attempting any legal action before the jurisdictional instances, the parties agree to resolve conflicts through conciliation and mediation before the State Center for Conflict Resolution or before the Dispute Resolution Units or the Private Dispute Resolution Centers of the State of Yucatan, the parties expressly waiving any other jurisdiction that, by virtue of their present or future domiciles, nationalities, place of fulfillment of the object and/or subscription of this instrument, may correspond to them.
11. IDENTIFICATION DATA AND CHANNELS OF COMMUNICATION
FINE HOST establishes as a place of residence: the one located in Gran San Pedro Cholul C.P. 97305 Merida, Yucatan. If you have any questions about the Terms and Conditions or other policies and principles governing the provision of the service, as well as the page FINE HOST you can send an email to info@finehost.mx
The official channels of communication for FINE HOST are the following: Monday through Friday from 09:00hrs to 17:00hrs. E-mail: info@finehost.mx Customer Service Phone: +52 9996421992