DOORLEDOOR PLATFORM TERMS AND CONDITIONS
These Terms and Conditions of Service (the “Terms“) constitute a legally binding contract (hereinafter, the “Contract“) between you and Doorledoor, S.A. de C.V. and / or Letzon, S.A. de C.V. (“Doorledoor”) (as defined below) that rules your access to and use of the https://mydoorledoor.com website, including any subdomains thereof, as well as any other website through which Doorledoor makes its services available (collectively, the “Website” or the “Platform“), our applications for cell phones, tablets and other smart devices, as well as program interfaces of applications (jointly referred to as the “Application“) and all associated services (jointly referred to as the “Doorledoor Services“). Hereinafter, the Website, the Application and the Doorledoor Services shall be jointly referred to as the “Doorledoor Platform“.
- The Site is a Meeting Place for People and We are not Party to any Leasing Transaction and / or Services
We strongly urge all users to be responsible for their use of this Site and for any transactions entered into as a result of listing a property or renting a property or providing any service. We do not own, manage, and cannot hire any vacation rental property listed on the Site. Instead, the Site acts as a gathering place that allows homeowners and property managers to advertise on our Site
(individually, a “Host“) offer for lease, in a variety of rate formats, a given vacation property to potential renters (individually, a “Guest” and, collectively, with a Host, the “Users“). We do not engage in any transactions between Guest and Hosts although we may from time to time provide tools related to a reservation, such as a tool that allows a Guest to enter into a transaction to lease a specific property directly from a Host. Consequently, any aspect of an actual or potential transaction between a Guest and a Host, including the quality, safety or legality of the advertised properties, the truthfulness or accuracy of the listings (including its content or any property or guest book reviews), the Hosts ‘ability to rent a vacation property, or the Guests’ ability to pay for vacation property rentals are the sole responsibility of each user.
Additionally, we are not responsible for the condition of the vacation rental properties listed on our Site or their compliance with the laws, rules or regulations that may apply to any vacation rental property in any jurisdiction
Finally, although we do take certain measures in order to assist users in avoiding potentially fraudulent or illegal activity that comes to our attention, we do not assume any responsibility or obligation to take any of said measures or actions. In the event that we issue warnings or messages to users about such activity, we do not guarantee that such messages are accurate or that they will reach any or all users to whom they should have reached in a timely manner or at all or that such messages or measures will prevent any damage, result or action.
- Limited License to Use the Site
Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services available on the Site, all in accordance with these Terms. Any use of the Site that violates these Terms or does not have our written permission is expressly prohibited.
- Unauthorized use of the Site
The license to use the Site granted to users under these Terms does not include any right to the collection, incorporation, copying, extraction (web scraping), duplication, display or derivative use of the Site, as well as any right to make use of robots or spiders for “data mining” or similar data collection and extraction tools without our prior written permission; provided, however, that a limited exemption from the foregoing exclusion is provided to general internet search engines and non-commercial public archives that use information gathering tools for the sole purpose of displaying hypertext links to the Site, provided that each one does so from an IP address, or range of IP addresses, making use of an easily identifiable agent, in addition to complying with our robots.txt file. “General purpose Internet search engines” do not include a website or search engine or other service that provides classified listings or property rental advertisements, or any subset thereof, or that operates in the business of providing vacation rental services or other services that compete with us.
Unauthorized uses of the Site also include, without limitation, those listed below. You agree not to take any of the following actions, except with our prior written authorization:
- Any commercial use (by non-Hosts with a fully solvent and in order subscription – a “valid subscription”) of the Site or any content on the Site);
- Any use of the Site or the tools and services of the Site for the purpose of reserving or leasing a property other than those listed under a valid subscription;
- Copy, reproduce, upload, post, display, republish, distribute, or transmit any portion of the content in any of its forms;
- Reproduce any portion of the Site on your Website or otherwise use any device including, but not limited to, the use of an adjacent frame or environment around the Site or other framing technique that includes any portion or aspect of the Site. , or mirror or duplicate any portion of the Site;
- Modify, translate into any language or programming language, or create derivative works from any content or part of the Site;
- Reverse engineer any part of the Site;
- Sell, offer for sale, transfer, or authorize any portion of the Site in any of its forms to a third party;
- Use any robot, spider, scraper, other automatic device, or manual process to monitor, copy, or maintain a copy of the content database or any portion of the Site;
- Use the Site and its query functionality for purposes other than advertising and / or researching vacation rentals, making legitimate inquiries to our Hosts, or any other expressly authorized use of the Site;
- Use the Site or send or transmit information that is in any way false, fraudulent or misleading, including making reservations or inquiries for false purposes, or taking any action that may be considered phishing or that gives rise to criminal or civil liability;
- Post or transmit any illegal, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
- Violate, plagiarize or infringe our rights or those of third parties including, without limitation, copyright, trademark or patent, professional secrets, rights to publicity or privacy, or any other intellectual or proprietary right; or
- Use or access the Site in a way that, in our sole discretion, adversely affects or may adversely affect the performance or functionality of the Site or any other system used by us or the Site.
If any content, activity or communication comes to your knowledge or presence through or with respect to the Site, which appears to be in violation of the aforementioned restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of any violation by sending an email to firstname.lastname@example.org.
- Patrimonial Rights and Transfer of Information of the Site
The Site, along with all its content, are protected by copyright as a collective work and / or compilation, in accordance with applicable Mexican and international copyright and database laws and conventions. You agree to comply with any and all copyright notices, information, or restrictions posted on or relating to any content on the Site. Copying, storing, or otherwise accessing the Site or any content on the Site for purposes other than your personal, non-commercial use (or in disagreement with a valid subscription) is expressly prohibited without our prior written consent.
As part of the lease inquiry process, you may download, display, and / or print a copy of any portion of the Site for your own personal non-commercial use and not for further distribution. You are not authorized to modify that portion, and you must include our copyright notice as follows:
Doorledoor – All Rights Reserved”, in the form provided in the relevant portion (s) of the Site that you wish to download, display or print.
Every user acknowledges and agrees that, regardless of their physical location, we can store and process any data transmitted to the Site by any user in locations both inside and outside Mexico.
- Verification of identity
It is difficult to verify a user on the Internet and we cannot and do not assume any responsibility for the confirmation of the presumed identity of each user. We recommend that you communicate directly with the Guests or Hosts using the tools available on the Site.
You agree to (i) maintain the security and strict confidentiality of your password and online ID, providing them only to authorized users of your account, (ii) instruct anyone to whom you disclose your online ID and password not to disclose it to any unauthorized person, (iii) notify us immediately and register a new online ID and password if you believe that your password may have been discovered by an unauthorized person, and (iv) notify us immediately if someone contacts you to ask for your online ID and password. We recommend that you do not give anyone access to your online ID and password. However, if you do reveal your online ID and password to someone, or if you are unable to adequately safeguard such information, you will be responsible for each and every transaction that person makes while using your account, including fraudulent transactions or that you had no intention or desire to do.
EVERY USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER DOORLEDOOR NOR ANY OF ITS AFFILIATES SHALL BE LIABLE TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION CARRIED OUT USING THE PASSWORD OF ANY USER BEFORE THE USER NOTIFIES US ABOUT A POSSIBLE UNAUTHORIZED USE OF THEIR PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND (2) UNAUTHORIZED USE OF YOUR ONLINE IDENTIFICATION AND PASSWORD COULD INCURE IN RESPONSABILITY BEFORE DOORLEDOOR AND OTHER USERS. Additionally, we may, without prior notice, suspend or terminate your listing at any time, even without receiving a notification from you, if we suspect, in our sole discretion, that your password is being used in an unauthorized or fraudulent manner.
- Limitations on Communications and Use of Information from Other Users; Spam Free
You agree that, in relation to the personal information of other users obtained by you through the Site or through any communication or transaction related to the Site, we have granted you a license to use such information only for: (a) communications related to the Site other than unsolicited commercial messages, (b) make use of the services offered through the Site, (c) facilitate a banking transaction between you and another user (such as an online reservation or charge to a personal credit or debit card) and (d) any other purpose that a user expressly agrees after you have informed the purpose for which you would like to use it. In any case, you must provide users with the opportunity to unsubscribe from your address book or database, as well as the ability to review what information you have collected about them. Furthermore, under no circumstances, except as provided in this provision, may you disclose personal information about another user to third parties without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. In addition, you agree to protect the personal information of other users with the same degree of care under which you protect your own confidential information (following, at a minimum, reasonable standards of foresight), and you assume any responsibility for misuse, loss, or unauthorized transfer of such information.
We do not tolerate Spam or unsolicited commercial electronic communications of any kind. Consequently, notwithstanding the foregoing, you are not authorized to add a user of the Site, even a user who has rented a vacation property from you or to you, to your mailing list (electronic or physical) without the express authorization of the user. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that violates these Terms. You are responsible for all content that you submit to the Site or through the use of any tools or services provided on the Site.
- Responsibility for User Contributed Content; Translations
We have no obligation to pre-review any content uploaded to the Site by Hosts, Guests, or other users (including, without limitation, guestbook reviews or contributions on any particular rental property), (collectively, “User-contributed content”), and we are not responsible for user-contributed content. However, we reserve the right to prohibit sending to the Site, or removing from the Site, any content contributed by the user that (i) violates the confidentiality rights of other users, (ii) that contains personal data that can be used to identify or contact someone, (iii) Promotional content that advertises other websites, businesses, services or products not affiliated to this website, (iv) contains obscene, abusive, discriminatory or illegal content, (v) contains reviews and responses where the physical location of the property or fees charged by the owner or manager are published, (vi) contains content that is not truthful, (vii) contains misleading content, (viii) contains content for the purpose of coercing a particular response or action by another person in an illegal, abusive, or otherwise inappropriate manner. For example, a Guest will not be able to upload a negative review in order to try to get an owner to return a deposit, and in general any content that violates these Terms. We may also remove user-contributed content if it becomes known to us, for example, through a notification sent to us, by a user or any third party, that any portion of these Terms, or any other requirement that governs the submission of such content, has been apparently breached with respect to such content. Finally, we reserve the right to (but do not assume the obligation to) edit a Host’s content, in a non-substantial manner, solely to conform such content to our above-mentioned content guidelines.
All property listings on the Site are submitted by the Host (who may be the owner, or a property broker or agent duly authorized by the owner or by Doorledoor) and are under the sole responsibility of the Host. We specifically are not responsible in any way for the alleged accuracy of listings, property reviews, or any alleged breach of contract by a Host. Hosts are solely responsible for keeping their property information on the Site up to date, including, but not limited to, any and all statements about any property, its amenities, location, price, and availability for a specific date or a series of dates. We do not represent or warrant that any information regarding copy, content, property review, guestbook entry, property location, convenience, price or availability published on the Site is accurate or up-to-date, even where Guests Candidates have searched for special offers, dates, or specific types of properties. Hosts are solely responsible for ensuring the accuracy of all property descriptions, and Guests are solely responsible for verifying the accuracy of such descriptions.
If any content created by Hosts or users is translated for display on any Site, that Host or user will be solely responsible for the review and accuracy of such translation. Unless we indicate otherwise to the user or Host, all translation services are provided free of charge by us.
We reserve the right to disclose any information in accordance with the current laws in compliance with any law, regulation or official requirement if we determine, in our sole discretion, that it is necessary, or that it would be in our interest, to respond to said request.
- Notification of Infringement – Federal Copyright Law Policy
We respect the intellectual property rights of others, and Doorledoor does not allow, consent, or tolerate the contribution to the Site of any content that violates any of a person’s copyright. Doorledoor will expel, in the circumstances that warrant it, any Host or Guest who causes repeated violations of copyright. If you become aware of, or suspect, of any copyright infringement on this Site, please refer to contact us.
- Ideas and Unsolicited Feedback
Unsolicited Ideas: Occasionally, users send us ideas or suggestions regarding our business, such as ideas for new or improved products or technologies, improvements to the Website or its tools, processes, materials, marketing plans, or names for new products. We do not solicit such ideas or suggestions nor are we under any obligation to review or take them into consideration. If you decide to submit ideas, original creative illustrations, suggestions, or other works (“submissions“) in any form, regardless of what you say, write, or provide to us regarding such submissions, the following terms will apply. The sole purpose of this policy is to avoid potential misunderstandings or claims in the event that any portion of our business, such as our products, websites, technologies, or marketing strategies, demonstrates similarity to any of our users’ submissions. If you submit any submission to us, you agree that: (1) such submission and its content will automatically become the property of Doorledoor, without compensation to you; (2) Doorledoor may use or redistribute any such submissions and their content for any purpose and in any manner; (3) Doorledoor is under no obligation to review any delivery; and (4) there is no obligation to keep any submissions confidential.
Feedback on Our Business: We appreciate your feedback regarding various facets of our business. If you wish to send us your feedback, we only ask that you send it to us at email@example.com. Please only provide feedback specifically related to our websites and services. Please note that we do not undertake any obligation to maintain the confidentiality of any feedback you provide and we reserve the right to use or disclose such information at our discretion.
- Links to external sites
This Site may contain links and pointers to other Internet pages, means of payment, resources, and sponsors of the Site. Links to and from the Site to other sites owned by third parties, and maintained by such third parties, do not constitute our endorsement of such third parties, the third-party sites, or their content. We are not responsible in any way for such third-party sites or resources, and your use of such sites and resources will not be governed by these Terms.
- Limitation of Liability
UNDER NO CIRCUMSTANCES DOORLEDOOR, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND / OR EMPLOYEES (COLLECTIVELY CALLED THE “DOORLEDOOR GROUP”), OR ANY THIRD-PARTY LENDER OF A SERVICE OR TOOL OFFERED IN ANY SITE OF A HOST FROM THE DOORLEDOOR GROUP (EACH ONE CALLED “INDEPENDENT PROVIDER“), WILL BE LIABLE FOR ANY LOST PROFITS OR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING FROM, BASED ON, OR AS A RESULT OF (A) OUR SITE, (B) THESE TERMS, (C) ANY VIOLATION OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE BY YOU OR A THIRD PARTY OF THE SITE, TOOLS OR SERVICES THAT WE PROVIDE, IN RELATION TO THE BUSINESS WE OPERATE THROUGH THE SITE AND / OR (E) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS AND EXCLUSIONS APPLY REGARDLESS OF WHETHER DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) OBJECTIVE LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT THAT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY THE APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE SITE, DISAGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US OR ANOTHER USER OF THE SITE WITH RESPECT TO THESE TERMS OR TO THE SITE, YOUR ONLY AND EXCLUSIVE SOLUTION AGAINST US IS TO DISCONTINUE THE USE OF THE SITE. IN ANY EVENT, OUR LIABILITY, AND THE LIABILITY OF ANY HOST OF THE DOORLEDOOR GROUP, TOWARDS YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES ARISING FROM OR RELATED TO THE SITE IS LIMITED TO $ 100.00 USD (A HUNDRE DOLLARS 00/100, LEGAL COURSE CURRENCY OF MEXICO) IN THE AGGREGATE FOR ALL CLAIMS.
- Legal Warning
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FEATURES, MATERIALS AND INFORMATION MADE AVAILABLE OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IT IS.” TO THE GREATEST EXTENT PERMITTED BY THE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT OF THE SITE OR THE MATERIALS, INFORMATION AND FEATURES AVAILABLE THROUGH THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY SECURITY BREACH RELATED TO THE TRANSMISSION OF CONFIDENTIAL INFORMATION THROUGH THE SITE OR ANY LINKED SITE, EVEN IF SUCH VIOLATIONS COME TO OUR KNOWLEDGE. IN ADDITION, WE EXPRESSLY ARE NOT LIABLE FOR EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, APTITUDE FOR A PARTICULAR PURPOSE, OR ACCURACY. WE DO NOT GUARANTEE THAT THE FUNCTIONS CONTAINED ON THE SITE OR ANY MATERIALS OR CONTENT DISPLAYED ON IT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE IS FREE FROM ANY VIRUS OR FROM OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT NO TRANSMISSION TO AND FROM THIS SITE IS CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT
THE SENDING OF COMMUNICATIONS TO US AND YOUR CONTRIBUTION OF INFORMATION TO THE SITE, YOU FURTHER ACKNOWLEDGE AND AGREE THAT
THE SUBMISSION OF COMMUNICATIONS TO US AND YOUR CONTRIBUTION OF INFORMATION TO THE SITE, INCLUDING LISTINGS OF PROPERTIES, DOES NOT CREATE ANY CONFIDENTIAL, FIDUCIARY, CONTRACTUAL, IMPLIED OR
NOT, BETWEEN YOU AND US OTHER THAN THAT PROVIDED IN THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT MAKE OR ATTEMPT TO MAKE US, OR ANY INDEPENDENT PROVIDER, RESPONSIBLE FOR THE CONTENT CONTRIBUTED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATIONS OF THEM, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT PART OF ANY LEASE TRANSACTION. WE HAVE NO CONTROL OVER, NOR DO WE GUARANTEE (EXCEPT AS PROVIDED FOR IN ANY WARRANTY OFFERED ON THE SITE), THE SECURITY OF ANY PROPERTY LEASE TRANSACTION OR THE VERACITY OR ACCURACY OF ANY OFFERING OR OTHERWISE CONTENT.
- Exoneration; Compensation
IN THE EVENT OF A DISPUTE BETWEEN YOU AND ONE OR MORE USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR CONTENT PROVIDED BY A USER), YOU HEREBY AGREE TO REMIT AND RELEASE AT ALL TIMES ALL HOST OF THE
DOORLEDOOR GROUP, EACH ONE OF ITS RESPECTIVE AGENTS, DIRECTORS, OFFICIALS, EMPLOYEES, AND ALL OTHER PERSONS OR ASSOCIATED ENTITIES OF ANY KIND OF RIGHTS, DEMANDS, CLAIMS, LITIGATIONS, CAUSES OF ACTION, PROCESSES, OBLIGATIONS, LEGAL DISCLAIMERS, COSTS, AND DISBURSEMENTS OF ANY NATURE, KNOWN OR UNKNOWN, WHICH AT THIS TIME OR SUBSEQUENTLY ARISE FROM, ARE RELATED TO, OR CONNECTED TO SUCH DISPUTE AND / OR YOUR USE OF THE SITE.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND EXEMPT EACH HOST OF THE DOORLEDOOR GROUP (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM ALL KINDS OF LIABILITY AND COSTS CONTRACTED BY THE INDEMNIFIED PARTIES WITH RESPECT TO ANY LAWSUIT ARISING FOR REASONS OF YOUR USE OF THE SITE OR OTHERWISE CONCERNING THE BUSINESS WE OPERATE ON THE SITE (INCLUDING, WITHOUT LIMITATION TO, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT CONTRIBUTED TO THE SITE BY YOU OR OTHER USERS OF YOUR ACCOUNT, ANY USE OF ANY TOOLS OR SERVICES PROVIDED BY AN INDEPENDENT PROVIDER, OR ANY VIOLATION OF THESE TERMS OR THE STATEMENTS, WARRANTIES AND AGREEMENTS MADE BY YOU THROUGH THIS DOCUMENT, INCLUDING WITHOUT LIMITATION, ATTORNEYS ‘FEES AND EXPENSES. YOU WILL COOPERATE AS COMPLETELY AS REASONABLE REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR EXPENSE, TO ASSUME EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION ON YOUR PART, AND YOU SHALL NOT, UNDER ANY CIRCUMSTANCES, RESOLVE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
- Applicable Law and Jurisdiction; Time limit
ALL AND EVERY ONE OF THE SERVICES AND RIGHTS OF USE PURSUANT TO THE FOLLOWING ARE PERFORMED AND / OR SOLD IN MEXICO, AND YOU IRREVOCABLY AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY ENTER IN RESPECT OF YOUR USE OF THE SITE OR IN ACCORDANCE WITH THESE TERMS IT WILL BE CONSIGNED IN THE COURTS OF THE CITY OF MEXICO, MEXICO, WHICH YOU ACKNOWLEDGE AND AGREE THAT WILL BE THE EXCLUSIVE DOMICILE FOR ANY LEGAL DISPUTE BETWEEN YOU AND US. YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF MEXICO, WITHOUT CONSIDERING THE CONFLICTS OF LAW PRINCPLES.
ANY CAUSE OF ACTION THAT YOU MAY HAVE AS DESCRIBED BELOW, OR WITH RESPECT TO YOUR USE OF THE SITE MUST PROCEED BY FILING A LAWSUIT IN THE COURTS WITH JURISDICTION IN THE CITY OF MEXICO, MEXICO, WITHIN 1 (ONE) YEAR AFTER THE FIRST TIME THAT THE INCIDENT ON WHICH THE LAWSUIT OR CAUSE OF ACTION IS BASED OCCURRED.
No Agency: Our relationship is that of independent contractors, and no agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship is created or intended to be created by these Terms or by the use of the Site.
Notices: Unless explicitly stated otherwise, any notice to us should be made by email to firstname.lastname@example.org.
If it is necessary for us to send you a notice, it will be sent to the email address you provided to the Site during the registration process or according to any subsequent update to your account (if applicable). The notice will be considered delivered upon receipt or 24 hours after the email is sent, unless the sending party receives notification that the email address is invalid.
Alternatively, we may notify you by certified mail, postage paid at source and acknowledgment of receipt requested, to any physical or electronic address provided to us during the registration process or according to any subsequent update to your account (if applicable); in which case, the notice will be considered delivered three days after the date of shipment to a physical address and one day later if the shipment is made to an electronic address.
Changes to the Site or to these Terms and Conditions: We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any features, databases, or content on the Site. We may also impose limits on certain features or services or restrict your access to parts or the entire Site without prior notice or liability.
This version of the Terms became effective on October 26, 2020 and this version completely modifies the version effective before that date. We reserve the right, at our sole discretion, to modify these Terms, in whole or in part, at any time, with or without your consent, and you acknowledge and agree that your consent to any amendment is not required in the event that the amendment proposal is administrative and / or non-substantive in nature. The notification of any amendment will be posted on the Site and will be immediately effective. If you disagree with any amendment to these Terms, (i) your only remediable action as a Guest is to discontinue your use of the Site, and (ii) your only remediable action as a Host is to discontinue your use of the Site. When Hosts renew subscriptions, the Terms in effect at the time of renewal will govern, as long as such Terms may change as described above.
We also reserve the right, at our sole discretion, to occasionally offer special programs with exclusive conditions that are not part of, and may replace or supplement in certain respects, these Terms. In such cases, your use of the Site in connection with such special program will be governed by the terms and conditions of the referred special program.
Your Record of These Terms: We do not file separately the Terms agreed by each user of the Site. Please make a copy of these Terms for your records by printing and / or saving a downloaded copy of the Terms on your personal computer.
Enforcement of these Terms: We may immediately terminate any user’s access to, or use of, the Site due to the user’s violation of these Terms or any other unauthorized use of the Site. However, we do not guarantee that we will take action against all violations of these Terms. The fact that we do not take immediate action with respect to a violation on your part or that of others does not remove our right to act with respect to that violation or any other. No action or omission on our part, in response to any violation of these Terms, will limit our rights with respect to the actions we can take in response to any other type of violation, whether similar or different.
Agreement Integrity, Titles and Severability: These Terms constitute the entire agreement between us and you with respect to the matters set forth herein, and terminate any prior agreement between us and you with respect to your use of the Site. The titles in these Terms are used for reference only and do not limit the scope or extent of such section. If any portion of these Terms is determined to be invalid or unenforceable by any court of competent jurisdiction, the remaining provisions of these Terms will be in full force and effect. Additionally, any provision of these Terms considered invalid or unenforceable, only in part or degree, will exercise its full validity and effect to the extent not considered invalid or unenforceable.
Assignment: We may assign these Terms in our sole discretion. Users must obtain our prior written consent to assign such Terms, which we may grant or deny in our sole discretion.
Additional conditions applicable to our Hosts
In addition to being bound by the terms set forth above, Hosts who subscribe to our Site will also be bound by the following terms.
- Eligibility of a Host; Accuracy of the Information
Our services can only be used by Hosts who can enter into legally binding contracts under applicable law and who are previously authorized to use the portal by Doorledoor. If you are registering on behalf of a business company or on behalf of a business entity, you affirm and declare under protest to tell the truth that you have sufficient authority and faculties to accept these Terms on behalf of such company or business entity. Each Host affirms and agrees that all information submitted to us and to the Site during such Host’s registration on the Site is true and accurate. Each Host further agrees to provide timely notice to the Site regarding any update of any contact information previously submitted to the Site by such Host. Each Host agrees to promptly provide proof of personal identification, proof of ownership of the property listed on the Site, and proof of ability to list the property, as required by us.
- Content, Layout and Copy
All content edits and copies submitted by Hosts are subject to our review and approval, at our sole discretion. We reserve the right to refuse to post any content that we determine, in our discretion, does not comply with these Terms or is otherwise unacceptable to us. However, we do not assume any obligation to review the content and we will not be responsible for any loss or damage arising from the design or layout of the copy, properties, content and / or photographs or for any changes made to any content, photograph or copy submitted by any Host. All content must comply with our content guidelines mentioned in Clause 8. We reserve the right to edit, in a non-substantial manner, the content submitted to the Site solely to conform such content to our content guidelines or formatting requirements. Every Host is responsible for reviewing and ensuring that all content displayed on the Site appears as the Host expected.
All printed photographs (on paper) sent by a Host will be discarded after being digitized and incorporated into our electronic database. We do not assume any responsibility to return such photographs to you. We will use reasonable efforts to faithfully reproduce any submitted photographs, but we are not responsible for any loss or damage resulting from any failure to do so.
The photographs must represent the vacation rental as the main subject of the same and cannot include children or adults, unless you have their legal consent, or any information that violates the rights of privacy, intellectual property rights or any rights of third parties. Photographs must meet our content guidelines mentioned in Clause 8. We reserve the right not to display or remove any photograph that we determine, in our sole discretion, is in breach of these Terms or is otherwise unacceptable to us.
By submitting a photograph either electronically through the Site or by sending a printed photograph to our offices, the Host affirms and warrants that (a) (i) it owns all intellectual property rights with respect to each photograph submitted, or (ii) you have obtained from the copyright holder all the necessary rights to use the photograph in an online advertisement, (b) that each person appearing in the photograph has given their permission for their likeness to be displayed in an online advertisement on the Site, (c) that the photograph accurately and adequately represents the subject of the photograph and has not been altered in any way that misleads the viewer of such photograph, and (d) that it will indemnify and release the Site and any Doorledoor group Host from any cause of action resulting from any fraudulent representation with respect to each and every one of the photographs thus submitted.
The Host is responsible for obtaining permission to reproduce all photographic and additional material used in their advertisements. The Host ensures that it is the owner of the copyright of such material or that is authorized by its owner to grant us the rights that owns and agrees to provide us with any proof of such rights at our request.
- Grant of Copyright
By accepting these Terms and submitting a listing to the Site, you grant us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free, and fully solvent license to use, copy, license, sub-license (at levels multiple), adapt, distribute, exhibit, publicly display, reproduce, transmit, modify, edit and in any other way exploit the copy, photographs and similarities (if any) of any content that you contribute to the Site or the websites of our affiliates, and you grant the Site and the Doorledoor Group Hosts the right to register as property and to protect the images, copy, and content available through its list, against unauthorized use by unaffiliated third parties that may, occasionally, try to hack said information by electronic or other means. This includes, but is not limited to, the right to sue for redress to protect such material. We need these rights to host and display your listing. You further agree to assist us – at our expense and under our control – in protecting such copyrighted material from unauthorized redistribution. We are not responsible for any infringement or violation of the law due to the content provided by any Host, and every Host agrees to indemnify and exempt the Site and any Doorledoor Group Host from any liability arising from copyright infringement or other rights for the use of such content provided by such Host. Every Host hereby releases and waives all right to any claim against us for any alleged or actual infringement of any economic rights, rights to privacy and publicity, moral rights and attribution rights with respect to any content contributed by the user or referred to us by any Host.
In addition, each Host agrees that we may reproduce, in whole or in part, any photographic material supplied by such Host either in promoting the property of such Host or in promoting the Site.
- Use of Our Trademarks or Logos
There are limited ways that you can use our trademarks or logos without specific prior written permission. Here are some general guidelines: You are generally permitted to mention Doorledoor, in which you display your property, in a descriptive manner in your listing on the Site or in other permitted communications. For example, you could say, “Visit my vacation home on Doorledoor,” or “I display properties on Doorledoor.” However, you may not mention Doorledoor in a way that would lead anyone to believe that your company or website is sponsored by, affiliated to, or approved by Doorledoor. For example, you cannot say “Doorledoor sponsors my vacation home,” or describe your property as “Doorledoor’s best vacation rental.” You are not authorized to use the Doorledoor name on any other website displaying vacation rentals without our prior written permission.
Doorledoor’s name and logo are registered trademarks in Mexico and other jurisdictions throughout the world. We generally do not allow the use of our names and logos in any way other than those described above or without our prior written permission. If you wish authorization to use our name and / or logo in any other way, including without limitation, any website, business card, signaling, t-shirts, etc., or if you have other questions, you can contact us by email at email@example.com.
- Hypertext links
We reserve the right to reject hypertext links to, or addresses of, other Web sites from Hosts pages, as well as to remove links or Web addresses without prior notice at our sole discretion. Furthermore, we reserve the right to charge for hypertext links at any time.
- Property Reviews
Any property review on any Host’s listing must contain genuine comments from guests who have stayed at the advertised property. Hosts must provide the email address(es) of the guest(s) whose comments are being offered, at the time of request(s). All content submitted in reviews must comply with our content guidelines mentioned in Clause 8.
- Substitution of Properties; Advertising More Than One Property
Each advertisement must be related to a single, individually identifiable property, that is, a property advertised in an advertisement cannot be substituted for another property.
The specific listing cannot be a simple sample of properties in a given area. Each listing can display only one property, unless it is a property with multiple rental units in the same location. We reserve the right to modify the copy or withdraw any advertisement when it describes more than one property.
- Termination or Transfer of Listings
If you sell your property and no longer wish it to remain on the Site, please contact us and we will remove the listing.
Our Right to Terminate a Listing: If, in our sole discretion, any Host refers inappropriate material to our Site or our database, misuses the Site or our online system, or is found to be in substantial violation of these Terms, we reserve the right to immediately terminate the relationship with such Host, without the right to refund. Additionally, if it comes to our knowledge or we receive a claim or series of claims from any user or third party regarding the listing or leasing practices of a Host that, in our sole discretion, warrants the immediate removal of the Site from its listing (for example, and without limitation to, if a Host leases a property to multiple Guests at the same time for the same date, uploads false photos or gives false details of the property, or engages in any practice that, in our sole discretion, could be considered unfair or incorrect within the vacation rental industry, or if we receive a claim that the content of any listing violates the rights of third parties), we may immediately terminate the relationship with such Host without prior notice or the right to a refund. We do not undertake any obligation to investigate complaints. Finally, if any Host behaves abusively or offensively towards any Doorledoor employee or representative, we reserve the right to immediately terminate the relationship with such Host, without the right to a refund. Finally, if any Host violates these Terms or their obligations to us, we may immediately terminate the relationship with such Host without prior notice and without the right to a refund.
- Unauthorized Payment Methods
We are not a party to any payment transaction between Hosts and Guests. No Host may request the Guest to send cash, or use any cash transfer service, in the payment of all or part of the transaction of leasing a property or contracting services. Any violation of this term or any other unacceptable method of payment that is sent to the Site may result in the immediate removal of the Site from such non-compliant listing, without prior notice or refund to the Host. Occasionally, we may become aware of an attempt by a user to conduct a transaction involving an unauthorized, or fraudulent, payment method. Ideally, we hope to assist users in avoiding such transactions, but we do not assume any obligation to do so or to warn users of such activity, whether actual or suspected.
- Legal and Tax Requirements Applicable to Leasing Properties or a Product or Service from Us
You agree that you are solely responsible for compliance with each and every one of the laws, regulations, rules and tax obligations that may apply to any rental property that you display on the Site. We do not assume any responsibility for compliance on your part. You are advised that, although we are not a party to any rental transaction and do not assume any liability for legal compliance relevant to the rental properties displayed on the Site, circumstances may arise in which, however, we are legally bound (as we determine in our sole discretion) to disclose information regarding your listing, in order to comply with governmental or judicial authorities in relation to investigations, litigation or administrative processes, and we can choose to comply with or decline such obligation at our sole discretion. Furthermore, you agree and consent that Doorledoor may withhold and acquaint any applicable tax on transactions carried out on the Site.
- Refund Requests
All Hosts must specify the refund terms specifying the return percentages for cancellations at least 30, 15, 7, or up to 1 day prior to the start of the trip.
When the Host does not specify the terms of the refund, both the Host and the Guest accept the following terms for refunds for cancellations, with the understanding that the General Commission for Service will not be returned:
- If you cancel your trip with a minimum of 31 (thirty-one) calendar days prior to the trip, you will be refunded 100% of the reservation.
- If you cancel your trip between 15 (fifteen) and 30 (thirty) with a minimum of 15 (fifteen) calendar days prior to the trip, you will be reimbursed 50% of the reservation.
- If you cancel your trip within 14 (fourteen) calendar days prior to the trip, you will not be entitled to any refund.
Generally, no refunds will be made once the trip begins unless the Host qualifies for a refund under any guarantee program we may have in force.
If you believe that you qualify for a refund under any of the guarantees we offer, you can contact Customer Support by sending your request to firstname.lastname@example.org, and including your listing number, and the reason of your dissatisfaction. We will determine, according to the applicable warranty program, whether any refund is appropriate.
- Guest Guarantee Program
All Guest will have the right to 100% of the refund of any reservation in case the rented property (i) is not the same as the one published in the photographs, (ii) is uninhabitable, and / or (iii) does not have the basic minimum to host a Guest, that is, water service, electricity service, toilet paper, soap, sheets / bedding and at least one towel and pillow per guest.
The Host will absorb the Commission for Service even when the refund of the entire reservation has been made.
- Service Fees
Doorledoor may charge fees for the use of the Doorledoor Platform (the “Service Fee“). You can consult more information about when the Service Fees apply and how they are calculated in our Annex “A” – Service Fees that is attached to this.
Applicable Service Fees (including applicable taxes) will be shown to the Host or Guest prior to posting or reserving an Ad. Doorledoor reserves the right to change Service Fees at any time, and we will send the appropriate notification to Hosts regarding any rate changes before they take effect.
You are responsible for paying any Service Fees you owe to Doorledoor. The applicable Service Commissions (including any applicable Taxes) are collected by Doorledoor, S.A. de C.V. and / or Letzon, S.A. de C.V., Service Commissions are non-refundable. Such rate changes will not affect any reservation made before the rate change takes effect.
- Doorledoor Basic Requirements for Hosts
To create enjoyable, reliable quality stays for our guests, we ask all hosts to fulfill five basic requirements in all of their listings:
- Provide essential services: this includes toilet paper, soap, sheets / bedding, and at least one towel and pillow per guest.
- Respond quickly: respond to inquiries and reservation requests within 24 hours to maintain a high response rate.
- Accept reservation requests: Make guests feel welcome by accepting their requests whenever your availability allows.
- Avoid Cancellations – We take cancellations very seriously and ask all guests to avoid canceling reservations as they compromise guests’ travel plans.
- Maintain a high overall rating: Travelers like to know that they can rely on a consistent level of quality wherever they stay.
Your progress is measured against the average performance of all Doorledoor hosts. Ads that stay below average may be penalized or removed from the Site.
31.1. Specific Terms for Hosts
When creating an Ad through the Doorledoor Platform you must (i) provide complete and accurate information about your Host Service (such as the ad description, location and availability of dates), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that may be relevant (such as a minimum age, aptitude, or fitness requirements for a good experience for your Guest) and (iii) provide any other pertinent information that Doorledoor requests. You are responsible for keeping your Ad information updated at all times (including the availability of dates).
You are solely responsible for setting a price (including Taxes, if applicable, or charges such as cleaning fees) on your Ad (“Ad Fee“). Once a Guest requests a reservation of your Listing, you may not require the Guest to pay a higher price than in the reservation request.
The terms and conditions included in your Ad, in particular in relation to cancellations, must not conflict with these Terms or with the cancellation policy that applies to your Ad.
The images, animations or videos (hereinafter collectively “Images”) used in your Ads must accurately reflect the quality and condition of your Host Services. Doorledoor reserves the right to require that the Ads have a minimum number of Images of a certain format, size and resolution.
The placement and ranking of Ads in search results within the Doorledoor Platform may vary and depends on a number of factors, such as Search parameters and Guest preferences, Host requirements, price and date availability, number and quality of Images, history of customer service and cancellations, comments and evaluations, type of Host Service and / or ease of booking.
When a reservation request is accepted or approved in advance by a Guest, you will be signing a legally binding contract with the latter, which obliges you to provide your Host Service(s) to the Guest as described in your Announcement once the reservation request is completed. You also agree to pay the applicable Host Fee and applicable Taxes.
Doorledoor requires Hosts to purchase all required insurances for their Host Services. Carefully review the corresponding insurance policy, and make sure in particular that you are aware of and understand any exclusions and any deductibles that may apply to such insurance policy, including, without limitation, whether or not it covers actions or inactions of Guests (and the natural persons for whom the Guest has reserved, if applicable) during the stay at your property. The Host will respond to the Guest and their companions for any accident or damage that may be caused by any imperfection that exists in the property prior to entry.
31.1.2. Announced properties
Unless expressly authorized by Doorledoor, you may only advertise one property per Ad.
If you decide to require deposit insurance for damage to your property, you must indicate this in your Ad (“Damage Deposit“). Hosts are not allowed to request a Damage Deposit (i) after the reservation has been confirmed or (ii) outside the Doorledoor Platform.
You declare and guarantee that any Announcement that you publish and the reservation of a property or the stay of a Guest in it (i) will not breach any contract that you have signed with a third party, such as the sublease agreement with the property owner, where appropriate, or the co-ownership regulations, condominium property law or other agreements, and (ii) will comply with all applicable laws (such as urban planning), tax requirements and other rules and regulations (including having all the necessary permits, licenses, and records to lease the property). As a Host, you are responsible for your own acts and omissions and also for the acts and omissions of any person residing or present in the property at your request or at your invitation, excluding the Guest and the people invited by the Guest to the property.
- Specific Terms for Guests
32.1. Terms applicable to all reservations
Notwithstanding the fulfillment of any requirements established by Doorledoor and / or the Host (such as completing any verification process), you can reserve a property available on the Doorledoor Platform by following the corresponding reservation process. Before reserving a property, you will be presented with all applicable rates, including the Service Commission, the Security Deposit (if applicable), and any corresponding Taxes (hereinafter, jointly, the “Total Rate”). You agree to pay the Total Fee for the reservations requested in connection with your Doorledoor account.
Upon receipt of a booking confirmation from Doorledoor, a legally binding contract is formed between you and your Host, subject to any additional terms and conditions of the Host that may be applicable, including in particular the corresponding cancellation policy and any regulations and restrictions are indicated in the Announcement. Doorledoor will charge the Total Rate at the time of the reservation request or upon confirmation of the Host in accordance with the Payment Terms, which is attached as “ANNEX B” to those present. In certain reservations, Guests will have to pay in installments or will be given the option to pay in installments.
32.1.2. If you reserve a property on behalf of other additional guests, you will be obliged to ensure that each of such additional guests complies with the requirements established by the Host and that they know and accept these Terms, as well as the terms and conditions, rules and restrictions indicated by the Host. If you book for an additional guest who is a minor, you declare and guarantee that you are legally authorized to act on behalf of the minor. Minors can only participate in a property rental transaction if they are accompanied by an adult who takes responsibility for them.
32.2. Accommodation Reservation
32.2.1. You understand that a confirmed reservation of an Accommodation (“Accommodation Reservation“) constitutes a limited authorization granted by the Host to access, occupy and use the property for the period of your stay, during such time the Host (only to the extent in which, and when, the applicable legislation allows it) has the right to access the property, in accordance with its Host contract.
32.2.2. You agree to leave the Accommodation no later than the departure time that the Host specifies in the Announcement or at the time that the Host and you set in common agreement. If your stay is extended beyond the agreed departure time without the consent of the Host (“Excess of Stay“), you will no longer have authorization to stay at the property and the Host will have the right to force you to leave in a manner consistent with the applicable legislation. Furthermore, you agree to pay, if required by the Host, for each twenty-four (24) hour period (or any portion thereof) corresponding to an Excess of Stay on your part, an additional lodging fee of up to two (2) times the average of the Ad Rate per night that you have initially paid, in order to alleviate the inconvenience suffered by the Host, plus all the Guest Fees and the corresponding Taxes, as well as any legal expenses in which the Host incurred to force you to leave the property (hereinafter, jointly, the “Excess of Stay Fees“). Excess of Stay Fees for late check-out times on the same check-out date and that do not affect future reservations may be limited to additional costs incurred by the Host as a result of such Excess of Stay. If you incur an Excess of Stay in an Accommodation, you authorize Doorledoor (through the Doorledoor Platform) to charge you Excess of Stay Fees. If the Host requests it, the Guarantee Deposit may be applied to satisfy the Excess of Stay Rates that are owed for the Excess of Stay of a Guest.
32.3. Reservation of Additional Host Services
32.3.1. You should carefully review the description of any additional services of the Host or of a Host dedicated specifically to the provision of any service that you intend to reserve to ensure that (both you and any additional guests for whom you reserve) meet the minimum age, fitness requirements, physical condition and other requirements indicated by the Host in his Advertisement. You may, at your sole discretion, inform the Host of any medical or physical problems and other circumstances that may affect your ability, or that of any additional Guest, to participate in an additional service. In addition, certain laws will also apply, such as the minimum age for the consumption of alcoholic beverages on the property. You are responsible for identifying, understanding and complying with all laws, rules and regulations that apply to your participation in the rental of the property.
32.3.2. Before and during the stay in the property you must at all times respect the indications of the Hosts.
32.3.3. You may not bring any additional natural person with you to the property, unless you have added such person as an additional Guest during the reservation process on the Doorledoor Platform.
- Modifications, cancellations and refunds of Reservations, Resolution Center
- Hosts and Guests are responsible for how many modifications they make to a reservation through the Doorledoor Platform or that they order to carry out to Doorledoor’s customer service (“Reservation Modifications“), and agree to pay any additional Service Commissions and Taxes associated with such Modifications of Reservations.
- Guests may cancel a confirmed reservation at any time in accordance with the Ad cancellation policy set by the Host, and Doorledoor will refund the Total Fees due to the Guest in accordance with such cancellation policy. Unless there are causes of force majeure, Doorledoor will remit to the Host any parts of the Total Fees that are due to the Host under the applicable cancellation policy in accordance with the Payment Terms.
- If a Host cancels a confirmed reservation, the Guest will receive a full refund of the Total Fees corresponding to that reservation and the Host will be required to pay the full-Service Commission. In addition, Doorledoor may (i) keep the dates of the reservation canceled in that Announcement blocked or unavailable, and / or (ii) impose a cancellation fee, unless the Host has a valid reason to cancel the reservation due to force majeure. or suspects founded and legitimately regarding the behavior or intentions of the Guest.
- Regarding the property, in the event that the weather represents a security risk for Guests or prevents a Host from carrying out a Service that is carried out outdoors, the hosts may cancel the Service. Hosts may also cancel the Service if there are other conditions that prevent the Host from offering the Service safely.
- In certain circumstances, Doorledoor may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed reservation and initiate the corresponding refund and payments. This may occur due to force majeure or (i) when Doorledoor deems in good faith, and taking into account the legitimate interests of both parties, that it is necessary to avoid significant damage to Doorledoor, other Users, third parties or property, or (ii) for any of the reasons provided in these Terms.
- If a Guest booking accommodation experiences a travel setback as defined in the Guest Refund Policy attached hereto as ANNEX “C”, Doorledoor may decide, at its sole discretion, to reimburse the Guest for all or part of the Total Fees in accordance with the Guest Refund Policy.
- If, a Guest or Doorledoor cancels a confirmed reservation and the Guest receives a refund in accordance with the Guest Refund Policy, or due to force majeure, or any other cancellation policy that is applicable, established by the Host and the Listing After the Host has already received the payment, Doorledoor may recover the refund from you of the amount of such refund, from the Host including the deduction of such refunded amount from any Payment owed to the Host.
- Except as otherwise provided in these Terms, Users may contact Doorledoor to send or request money for refunds, claims for damages and losses related to reservations. You agree to pay all amounts sent through Doorledoor in connection with your Doorledoor Account which will handle all such payments.
- Evaluations and comments
- Within a limited time from the completion of a reservation, Guests and Hosts may leave a public comment (“Comment“) and submit a star rating (“Review“) of each other. Ratings and Comments reflect the views of individual Members and not the views of Doorledoor. Doorledoor does not verify the accuracy of Reviews and Comments, which could thus be incorrect or misleading.
- Ratings and Comments by Guests and Hosts must be accurate; Furthermore, they may not contain offensive or abusive language. The evaluations must contain appropriate language and if it is found that such comments are made from attempted extortion or for other reasons, Doorledoor may deactivate your account without prior notice.
- Users are prohibited from tampering with the Ratings and Comments system in any way, such as instructing a third party to write a negative or positive Comment about another Member.
- Evaluations and Comments are part of the User’s public profile and may also be reflected in other parts of the Doorledoor Platform (such as an Announcement page), along with other relevant information such as the number of reservations, the number of cancellations, the average response time and other data.
- Damages to Accommodations, disputes between Members
- As a Guest, you are responsible for leaving the Accommodation (including existing personal property and other existing materials) in the same condition that you found it upon arrival. You are responsible for your own acts and omissions and also for the acts and omissions of anyone you invite or provide access to the Accommodation, with the exception of the Host (and the people he invites to the property, if applicable).
- If a Host claims or shows that you, as a Guest, have damaged an accommodation or any personal property in the accommodation (“Claim for Damages“), the Host may attempt to obtain payment from you via Doorledoor. If a Host transmits a Claim for Damages to Doorledoor, you will have the opportunity to reply to it. If you agree to pay the Host, or Doorledoor determines in its sole discretion that you are responsible for the Claim for Damages, Doorledoor will charge you, after your stay, the corresponding amounts and / or deduct them from the Security Deposit (if applicable) to offset the Claim for Damages in accordance with the Payment Terms. Doorledoor also reserves the right to collect payment from you in another way and to use whatever resources Doorledoor has available to you in this regard in situations where you are liable for a Damage Claim, including, without limitation, in regarding payment requests made by Hosts under the Doorledoor Host guarantee.
- Members agree to cooperate with Doorledoor and assist it in good faith, and provide the information and take action requested by Doorledoor, within reason, in relation to any Damage Claims and other complaints or claims made by Members.
- If you are a Guest, you accept and understand that Doorledoor may file a claim under the origin of any insurance in relation to any damage, loss or loss that you may have caused or for which you are responsible with respect to any good, material, person, or otherwise (including Accommodation) of the Host. You agree to cooperate and assist Doorledoor in good faith, and provide Doorledoor with information and evidence reasonably requested by Doorledoor in order to make a claim by virtue of the origin in the collection of any insurance, including, without limitation, formalizing the documents and take other actions that Doorledoor reasonably requests to help Doorledoor do the above.
Doorledoor generally allows payment of amounts payable to or from Guests or Hosts to the smallest unit that supports each currency (eg, peso cents, dollar cents, or other supported currencies).
Doorledoor suele permitir el pago del importes pagaderos a o de los Huéspedes o Anfitriones a la unidad de menor tamaño que admita cada divisa (p. ej. Centavos de peso, centavos de dólar, u otras divisas admitidas). When Doorledoor’s payment service provider does not allow payment in the smallest unit that supports a currency, Doorledoor may, at its sole discretion, round up or down the display of amounts payable to or from Guests or Hosts to the nearest integer functional base unit based on such currency (eg, to the peso, to the dollar, to the euro to any other nearest supported currency); For example, Doorledoor will round up an amount of $ 101.50 M.N. to $ 102.00 M.N., and will round down an amount of $ 101.49 M.N. to $ 101.00 M.N.
- . As a Host, you are solely responsible for determining your obligations to declare, collect, remit or include VAT in your Ad Rates and other indirect sales taxes, occupancy tax, tourist tax or other visitor tax or income taxes that may be applicable (“Taxes“).
- . Tax regulations may require that we collect proper tax information from our Hosts, or that we withhold Tax from payments to our Hosts, or both. If a Host does not provide us with the documentation required under applicable law (eg, RFC) to satisfy our obligation (if any) to withhold Taxes from payments made to them, we reserve the right to withhold payments and taxes up to the amounts that are required by law, until the matter is resolved.
- . You understand that any agency, department and / or competent authority (“Fiscal Authority“) of the place where your Accommodation is located may demand the collection of Taxes to Guests or Hosts on the Rates per Advertisement, and that they be sent to the corresponding Fiscal Authority. Laws may vary depending on the jurisdiction, but it is possible that these Taxes must be collected and remitted as a percentage of the Ad Fee established by the Hosts, of a fixed amount per day or other variants, and are sometimes called “temporary occupancy taxes”, “hotel taxes”, “lodging taxes”, “municipal taxes”, “bedroom taxes” or “tourist taxes” (“Occupancy taxes“).
- . In certain jurisdictions, Doorledoor may decide, at its sole discretion, to facilitate the Collection and / or Pay Occupancy Taxes from or on behalf of Guests or Hosts, in accordance with these Terms (“Collection and Transfer“), if such tax jurisdiction states that Doorledoor or the Hosts have an obligation to collect and transfer such Occupancy Tax. In any jurisdiction in which we choose to facilitate the collection and transfer of Taxes directly, you hereby order and authorize Doorledoor to collect Occupancy Taxes from Guests on behalf of the Host at the time the Ad Fees are collected, and to remit such Occupation Taxes to the Tax Authority. In other jurisdictions, Doorledoor may decide, in its sole discretion, to collect occupancy taxes and remit such taxes to eligible and qualified Hosts, based on the tax information provided by the Host, for notification and final referral by such host to the Tax authority (“Pass Tax“). Such Hosts using the pass tax function will be solely responsible for informing Doorledoor of the correct amount of occupancy tax to be collected from the Guest in accordance with applicable law and directly remitting occupancy taxes to the relevant Authority. Doorledoor assumes no responsibility for a participating Host’s failure to comply with any applicable tax notification or shipping obligation. The amount of Occupancy Tax, if any, collected and remitted by Doorledoor will be visible and indicated separately to Guests and Hosts in their respective transaction documents. In the event that Doorledoor facilitates Collection and Payment, Hosts may not collect Occupancy Taxes that Doorledoor is responsible for collecting in connection with their Accommodations in that jurisdiction.
- . You agree that any claim or cause of action related to the facilitation by Doorledoor of the Collection and Payment Occupancy Tax will not be extended to any supplier or vendor used by Doorledoor in relation to the facilitation of the Collection and Payment, if any. Guests and Hosts agree that we may request additional amounts from you in the event that the Taxes collected or transferred are insufficient to fully pay their obligations to the Tax Authority, and that their only legal resource regarding occupancy taxes collected is that the competent tax authorities reimburse you for Occupancy Taxes charged by Doorledoor in accordance with the applicable procedures available to such authorities.
- . Doorledoor reserves the right, prior notification to the Hosts, to cease to Collect and Pay in any jurisdiction for whatever reason, at which time the Hosts and Guests will again be exclusively responsible for Collecting and / or Paying for all and any Occupancy Tax that may be applicable to the Accommodations in that jurisdiction.
- Prohibited activities
- You are solely responsible for complying with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Doorledoor Platform. In connection with your use of the Doorledoor Platform, you will not take the following actions or help or allow others to do so:
- breach or evade any laws or regulations, contracts with third parties, third party rights or our Terms, Policies or Regulations that are applicable;
- use the Doorledoor Platform for any commercial or other purpose that is not expressly contemplated in these Terms or in a manner that falsely implies the endorsement or cooperation of Doorledoor or that misleads others in any way regarding the membership that you maintain with Doorledoor;
- use the Doorledoor Platform in connection with the distribution of unwanted commercial messages (“spam”);
- offer, as a Host, any Accommodation that you do not own or have permission to make available as a residence or other property through the Doorledoor Platform;
- unless Doorledoor explicitly allows otherwise, reserving an Ad if you are not going to make effective use of the Host Services yourself;
- contact another User for a purpose other than to ask a question regarding their own reservation, their Ad or the Member’s use of the Doorledoor Platform, including, for example, employment contracts or proposals for a User to incorporate into third party services, applications or websites, without our prior written permission;
- use the Doorledoor Platform to request, make or accept a reservation outside of the Doorledoor Platform, to avoid any Service Fees or for any other reason;
- request, accept or make any payment of Ad Fees outside the Doorledoor Platform. If you do, you accept and agree that: (i) you will be in breach of these Terms; (ii) accept all risks and responsibility for such payment and (iii) release Doorledoor from any liability for such payment;
- discriminate or harass people on the basis of race, national origin, religion, sex, gender identity, physical or mental disability, medical situation, marital status, age or sexual orientation, or adopt a violent, harmful, abusive or disruptive behavior in any other way;
- misuse or abuse the Ads, as determined by Doorledoor in its sole discretion;
- use, display, mirror, or frame the Doorledoor Platform or any individual element of the Doorledoor Platform, the Doorledoor name, any Doorledoor trademark, logo or other proprietary information, or the design and layout of any page or form contained in a page of the Doorledoor Platform, without the express written consent of Doorledoor;
- tarnish, stain or otherwise damage the Doorledoor trademark in any way, the registration or use of Doorledoor or derived terms in domain names, trade names, trademarks or other origin identifiers, or the registration or use of domain names, trade names, trademarks or other identifiers of origin that closely imitate or are so similar to domains, trademarks, slogans, or promotional campaigns that they are misleading;
- use robots, web spiders, web worms, web scrapers, and other automatic means or processes to access, collect data and other content from, or otherwise interact with, the Doorledoor Platform for any purpose;
- avoid, obviate, withdraw, deactivate, impede, decode or otherwise attempt to avoid a technological measure implemented by Doorledoor or by any of Doorledoor’s providers or other third parties in order to protect the Doorledoor Platform;
- try to decipher, decompile or disassemble the software used to offer the Doorledoor Platform or apply reverse engineering techniques to it;
- take any action that harms or adversely affects, or may harm or adversely affect, the performance or proper functioning of the Doorledoor Platform;
- export, re-export, import or transfer the application, except to the extent authorized by Mexican laws and those of the corresponding jurisdiction, and any other applicable legislation; or
- infringe or violate the rights of any other person or harm any other person in any other way.
- You acknowledge that Doorledoor has no obligation to monitor the access or use of the Doorledoor Platform by any User or to review, disable access or modify any User content, but it does have the right to act in such way in order to (i) operate, protect and improve the Doorledoor Platform (including, without limitation, fraud prevention, risk assessment, research and customer service purposes); (ii) ensure compliance by Users of these Terms; (iii) comply with current legislation or a judicial order or requirement or issued by law enforcement agencies and other administrative agencies or government bodies; (iv) respond to member content that you determine to be harmful or offensive; or (v) as provided otherwise in these Terms. Users agree to cooperate and assist Doorledoor in good faith, as well as to provide information and adopt measures that Doorledoor may reasonably request with respect to any investigation that this or one of its representatives undertakes in relation to the use or abuse of the Doorledoor platform.
- If you have the impression that any User with whom you interact, either online or in person, is acting or has acted inappropriately, such as, for example, someone (i) engaging in offensive, violent or sexually inappropriate behavior, (ii) who you suspect has stolen from you, or (iii) adopts any other disruptive behavior, you must immediately report such person to the corresponding authorities and then to Doorledoor, contacting us with the police station and the report (if available). You agree that no notification you make will oblige us to take action (other than those required by law, if applicable).
- Period of validity and extinction, suspension and other measures
- This Contract will be valid for 30 (thirty) calendar days, after which it will be automatically and continuously renewed for successive periods of 30 (thirty) calendar days until the moment you or Doorledoor terminate the Contract in accordance with this provision.
- You may terminate this Agreement at any time by sending us an email. If you cancel your Doorledoor Account as a Host, all confirmed reservations will be automatically canceled and your Guests will be fully reimbursed for all payments made. If you cancel your Doorledoor Account as a Guest, all confirmed reservations will be automatically canceled and any refund will depend on the terms of the Ad cancellation policy.
- Without prejudice to our rights specified below, Doorledoor may terminate this Agreement without cause at any time with thirty (30) calendar days’ notice sent by email to your registered email address.
- Doorledoor may terminate this Agreement and / or prevent access to the Doorledoor Platform, immediately and without prior notice, in the event that (i) you have substantially breached your obligations under these Terms, the Payment Terms, our Policies or Standards, (ii) you have violated any law, regulation or rights of third parties that apply to you, or (iii) Doorledoor considers in good faith that such action is reasonably necessary to protect the personal safety or property of Doorledoor, its Members or third parties (eg in case of fraudulent behavior of a Member).
- In addition, Doorledoor may adopt any of the following measures (i) to comply with applicable legislation or with a court order or requirement, issued by law enforcement agencies or other administrative agencies or a government body, or in the event that (ii) you have breached or violated these Terms, the Payment Terms, our Policies or Regulations, any law, regulations or third party rights that apply to you, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Doorledoor Account registration, the Ad process or subsequently, (iv) you and / or your Ads or Host Services fail at any time to comply with any of the quality or eligibility criteria, (v) you have repeatedly received negative Evaluations or Comments or Doorledoor comes to know in some way, or has received complaints about the way you have behaved or acted, (vi) you have repeatedly canceled confirmed reservations or have not responded to reservation requests without justified reason, or (vii) Doorledoor considers in good faith that such action is reasonably necessary to protect the personal safety or property of Doorledoor, its Users or third parties, or to prevent fraud and other illegal activities:
- deny the display, delete or delay any Posting, Evaluation, Comment and other Member Content;
- cancel any pending or confirmed reservation;
- limit your access or use of the Doorledoor Platform;
- temporarily or permanently revoke any special status associated with your Doorledoor Account;
- temporarily or, in the event of serious or repeated breach, permanently suspend your Doorledoor Account and prevent you from accessing the Doorledoor Platform.
In the case of minor breaches, and when applicable, Doorledoor will notify you of any action taken and give you the opportunity to resolve the problem in a manner reasonably satisfactory to Doorledoor.
- If we adopt any of the measures described above, (i) we may reimburse your Guests the full amount paid for all confirmed reservations, regardless of any pre-existing cancellation policy, and (ii) you will not be entitled to any compensation for confirmed or pending reservations that are canceled.
- Upon termination of this Agreement, you will not have the right to have your Doorledoor Account or any element of your User Content restored. If your access or use of the Doorledoor Platform has been limited or if your Doorledoor Account has been suspended or we have terminated this Agreement, you will not be able to register a new Doorledoor Account nor access or use the Doorledoor Platform through another Dorleddor users’ account.
If you choose to use the Doorledoor Platform, you do so voluntarily and at your own risk and expense. The Doorledoor Platform is provided “as it is”, without warranty of any kind, either express or implied.
You agree that you have had the opportunity to learn about the Doorledoor Services, the legislation, rules or regulations that may be applicable to your Ads and / or Host Services that you receive and that it is not based on any statement of fact or of right made by Doorledoor in connection with an Ad.
If we decide to carry out an identity verification or background checks on any User, to the extent permitted by applicable law, we waive any guarantee of any kind, whether express or implicit, that such checks end up detecting past inappropriate behavior on the part of a User or that a User is guaranteed not to adopt inappropriate behavior in the future.
You agree that some additional services from either the Host or a Service Host may carry inherent risk, and by participating in those services, you choose to voluntarily assume such risks. For example, some Host Services may carry the risk of illness, injury, disability or death, and you freely and voluntarily assume such risks by deciding to participate in such additional Host services. You assume full responsibility for the choices you make before, during and after your participation in one of the services offered to you by the Host or a Service Host. In the event that you bring a minor as an additional Guest, you agree that you will assume sole responsibility for the supervision of such minor throughout the entire Host Service and to the maximum extent permitted by the law, you agree to exonerate Doorledoor from any liability and claim that may arise in any way as a result of injury, death, loss or damage occurred to such minor during the Host Service or related in any way to it.
The above limitations of liability apply to the maximum extent permitted by the law. You may have other rights conferred by laws or regulations. However, the duration of the legal or regulatory necessary guarantees, if any, will be limited to the maximum extent permitted by the law.
You acknowledge and accept that, to the maximum extent permitted by law, the entire risk arising from your access and use of the Doorledoor Platform, from your publication or reservation of an Ad through the Dorrledoor Platform, of your stay in a property, or of the enjoyment of any Host service or any other interaction you have with other Users, either in person or online, will correspond to you. Neither Doorledoor nor any other party involved in the creation, production or delivery of the Doorledoor Platform will be liable for any compensation for damages of an incidental, fortuitous, special, exemplary or emergent nature, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of replacement products or services, nor for any compensation for damages due to personal or physical injury or emotional suffering arising from, or related to, (i) these Terms, (ii) the use of, or the inability to use, the Doorledoor Platform, (iii) any communications, interactions, meetings with other Users and other people with whom you communicate, interact or meet as a result of your use of the Doorledoor Platform, or (iv) your publication or reservation of an Ad, including the provision or enjoyment of Ad Host services, whether based on the guarantee, on the contract, on an offense (such as negligence), on liability product or on any other legal basis, and whether Doorledoor has been informed of the possibility of such damages or not, even if it is concluded that any remedy contemplated herein has not achieved its fundamental purpose. With the exception of our obligations to pay the amounts to the corresponding Hosts in accordance with these Terms, in no case the total responsibility of Doorledoor that arises from, or is related to, these Terms and the use of the Doorledoor Platform, including, without limitation, your publication or reservation of any Announcement through the Doorledoor Platform, or the use of, or inability to use, the Doorledoor Platform and in relation to any Accommodation or other services of Host / Host of Services or interactions with any other Users, will exceed the amounts that you have paid or owed as reservations through the Doorledoor Platform as a Guest, in the twelve (12) month period prior to the event that gave rise to responsibility, or in case you are a Host, the amounts that Doorledoor has paid you in the twelve (12) month period prior to the event that gave rise to the responsibility, or the amount of $ 100.00 USD (one hundred dollars 100/00, legal tender of the United States of America), if none of such payments had been made, as appropriate. The limitations on damages set forth above are essential elements of the agreement between Doorledoor and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
To the maximum extent permitted by applicable law, you agree to exempt, defend (at Doorledoor’s discretion), indemnify and hold Doorledoor and its affiliates and subsidiaries free of liability, as well as its shareholders, managers, directors, employees and agents, against any claims, liabilities, compensation for damages, losses and expenses, including, without limitation, reasonable expenses of legal and accounting advice, arising from, or in any way related to (i) the breach by your part of these Terms or our Policies or Rules, (ii) the improper use by you of the Doorledoor Platform or any Doorledoor Services, (iii) the interaction on your part with any User, your stay in a property, your participation in any additional service of the Host, including, without limitation, any injuries, losses or compensation for damages (whether they are non-compensatory sanctions, for direct, incidental, consequential or other damages) of any kind that arise in relationship with, or as a result of, such interaction, stay, participation or enjoyment, (iv) the Collection and Transfer of Occupancy Taxes by Doorledoor or (v) the infringement by you of any laws, regulations, rules or rights of third parties.
Comments and suggestions to improve the Doorledoor Platform are welcome and we encourage you to send them to us (“Comments“). You can send us an email with your Observations. Any type of Observations that you send us will be considered non-confidential and without ownership rights corresponding to it. By submitting Feedback to us, you grant us a non-exclusive, international, royalty-free, irrevocable, sublicensable, and perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- Applicable law and jurisdiction
The Parties agree that for the interpretation and fulfillment of this Contract, they will submit to the jurisdiction of the Courts of Mexico City, Mexico, renouncing from this moment any other jurisdiction that may correspond to them by reason of their present or future addresses, or by any other way.
- General disposition
- With the exception of supplements that may be formed by additional terms and conditions, policies, guidelines or regulations, these Terms constitute the entire Contract between Doorledoor and you in relation to the object thereof, and replace any and all agreements or pacts, orally or in writing, between Doorledoor and you in relation to accessing and using the Doorledoor Platform.
- There is no association, cooperation, employment, or agency relationship between you and Doorledoor as a result of this Agreement or your use of the Doorledoor Platform.
- These Terms do not confer or intend to confer any right or remedy in favor of any person other than the parties.
- If any of these Terms is deemed void or unenforceable, such provision will be removed and will not affect the validity and effect of the other provisions.
- The non-application by Doorledoor of any right or provision of these Terms will not constitute a waiver of such right or provision unless we acknowledge or accept it in writing. Except as expressly provided in these Terms, the exercise by any of the parties of any of its resources contemplated in these Terms will be without prejudice to its other resources contemplated in these Terms or otherwise provided by law.
- You may not assign, transfer or delegate this Agreement or your rights and obligations under it without the prior written consent of Doorledoor. Doorledoor may assign, transfer or delegate this Agreement and any rights and obligations under it, at its sole discretion, giving 30 days’ notice in advance. Your right to terminate this Agreement at any time will not be affected.
- Unless otherwise indicated, any notice and other communications intended for Members, necessary or permitted under this Agreement, will take place electronically and will be delivered by Doorledoor by email, by notification on the Doorledoor Platform.
- If you have any questions about these Terms, you can send us an email.
What is Doorledoor’s service fee?
In order to help operate the Doorledoor platform, including services such as 24/7 customer service and credit and debit card processing, we charge a variable service fee when a reservation is confirmed.
- General Commission per Service
The Commission for Shared Service for hosts and guests will be unique and may be 13% plus 2.5% for the use of bank cards for each transaction and in the case of Hosts who provide services, the commission will be 15%. This rate will be calculated from the reservation subtotal (the nightly rate plus the cleaning fee, if any, and the additional guest fee, if any, not including Doorledoor taxes and fees) and is deducted automatically from the payment the host receives.
The percentage mentioned above will be calculated taking into account various factors, such as the subtotal of the reservation, the length of the stay and the characteristics of the accommodation. Generally, the Service Fee is lower as the cost of the reservation increases. Guests can view this commission on the checkout page before making a reservation.
If Doorledoor needs to collect VAT, it will be combined with the service fee on the payment page. This could make it appear that the service fee is greater than 8%.
VAT charges on service fees
Depending on the laws of the relevant jurisdiction, we may have to add VAT to the Service Fee. The Commission for Service will include such VAT charges when applicable.
Terms of Service Payment
Please read these Service Payment Terms (“Payment Terms“) carefully, as they contain important information about legal rights, remedies and obligations. By using the Payment Services (as defined below), you agree to abide by and be bound by these Payment Terms.
These Payment Terms constitute a valid and legally binding contract (“Contract“) between you and Doorledoor, S.A. de C.V. and / or Letzon, S.A. de C.V. (“Doorledoor”) (as defined below) that governs the Payment Services (defined below) performed through, or in connection with, the Doorledoor Platform.
When these Payment Terms refer to “Doorledoor”, “we,” “us,” or “our,” they will refer to the company Doorledoor, S.A. de C.V. and / or Letzon, S.A. de C.V. with which you sign a contract for the Payment Services.
Doorledoor’s Terms of Service (“Terms and Conditions of Service”) are governed separately, according to your use of the Doorledoor Platform. All capitalized terms will refer to what is contained in the Doorledoor Terms unless otherwise stipulated in these Payment Terms.
- Reach and use of the Payment Services
- Doorledoor provides payment and collection services to Hosts and Guests, including collection and payment services, in connection with and through the rental services of properties or experiences on the Doorledoor Platform (“Payment Services”).
- Doorledoor may temporarily restrict and in accordance with the legitimate interests of the Users (for example: offering prior notification) the availability of the Payment Services or certain services or functionalities thereof, in order to apply maintenance measures that guarantee the correct operation of the Payment Services or to improve it. Doorledoor may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. Doorledoor will provide notice to Users of any changes to the Payment Service, unless these changes are minor and do not produce material effects on the contractual obligations of the parties.
- The Payment Services may contain links to third party websites or resources
(“Thirdparty services“). These Third-Party Services are subject to different terms, conditions and privacy practices and Users should review them independently. Doorledoor is not responsible or liable for the availability or accuracy of such Third-Party Services or the content, products or services available from those Third-Party Services. Links to such Third-Party Services do not imply that Doorledoor endorses such Third-Party Services.
- You may not use the Payment Services except to the extent authorized by the legislation of Mexico, or the laws of the jurisdiction that corresponds to your Country of Residence and any other applicable legislation. Specifically, and in an enunciative but not limited way, the Payment Services may not be used to send or receive funds of illicit origin or to bank accounts of doubtful origin.
- Your access or use of certain Payment Services may be subject to or conditioned on the fact that you accept certain additional terms and conditions. If there is any conflict between these Payment Terms and the applicable terms and conditions for a specific Payment Service, the latter conditions will take precedence with respect to your use or access to such Payment Service, unless indicated otherwise.
- Main definitions
“Payment” refers to a payment made by Deoorledoor in favor of a Host for services rendered in connection with the Deoorledoor Platform.
“Charge” refers to a charge made by Doorledoor to a Guest for the services contracted in connection with the Doorledoor Platform.
“Payment Method” refers to a financial instrument that you have added to your Deoorledoor Account, such as a credit card, PayPal account, direct deposit, prepaid card, or debit card (if available).
- Modification of these Payment Terms
Doorledoor reserves the right to modify these Payment Terms at any time, in accordance with this provision. If we make changes to these Payment Terms, we will post the revised Terms on the Doorledoor Platform and update the “Last Updated” date at the top of them. Likewise, you will be notified of such modification by email at least thirty (30) days in advance of the effective date. If you do not agree to the modified Payment Terms, you may terminate this Agreement with immediate effect. In the notification email, we will inform you of your right to refuse and the right to terminate this Agreement. If you do not terminate your Agreement before the revised Terms take effect, your continued use of the Payment Services will constitute your acceptance of the revised Payment Terms.
- User eligibility and verification
- You must be at least 18 years old and capable of entering into legally binding contracts to use the Payment Services. By using the Payment Services, you manifest and guarantee that you are over 18 years of age.
- Doorledoor may subordinate the access and use of certain areas or functionalities of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting certain eligibility criteria.
- Doorledoor may make inquiries it deems necessary to help verify your identity or prevent fraud. To do this, you authorize Doorledoor to check if you are listed in third-party databases and other sources, as well as to request reports from service providers. In some jurisdictions Doorledoor will have a legal obligation to collect identity data to comply with money laundering prevention regulations. These may consist, among other things, of: (i) requesting you to provide a government identification document (e.g. driver’s license or passport), your date of birth, your address and other information; (ii) require you to take certain actions to confirm the ownership of your email address, the Payment Methods; or (iii) try to check your information with third party databases. Doorledoor reserves the right to close, suspend or limit access to the Payment Services in the event that it is unable to obtain or verify any of this data.
- Account Registration
- In order to use the Payment Services, you must have a regular Doorledoor Account. If you or Doorledoor close your Doorledoor Account for any reason, you will no longer be able to use the Payment Services.
- You may authorize a third party to use your Doorledoor Account in accordance with the Doorledoor Terms and Conditions. You acknowledge and agree that any person you authorize to use your Doorledoor Account may use the Payment Services on your behalf, and that you will be responsible for any payments made by such person.
- Payment Methods
- When you add a Payment Method to your Doorledoor Account, you will be asked to provide certain conventional billing information, such as name, billing address and information about the financial medium used, either to Doorledoor or to third party payment processors. You must provide accurate, current and complete information when adding a Payment Method. It is your obligation to keep your Payment Methods updated at all times. The information requested for Payment Methods will depend on the Payment Method and will include:
your residence address, account name, account type, tracking number, account number; identification number, email address, currency of payment; and account details associated with a specific payment processor.
- When you add or use a new Payment Method, Doorledoor may verify the Payment Method by authorizing a nominal amount or authenticating your account through a third-party payment service provider. For further verification, Doorledoor may also (i) authorize your Payment Method for one or two additional nominal amounts and ask you to confirm these amounts, or (ii) require you to upload a charge account. We will initiate, and we reserve the right to initiate, the reimbursement of such amounts to your Payment Method. When you add a Payment Method during checkout, we will automatically save that Payment Method to your Doorledoor Account so it can be used for future transactions.
- Please note that the Payment Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments in connection with the Payment Services (including charges deductible from the Payment amount), and Doorledoor is not responsible for any commission of this type and disclaims all obligations in this regard. Your Payment Method may be subject to additional terms and conditions imposed by the corresponding third-party payment service provider; review the terms and conditions before using your Payment Method.
- You authorize Doorledoor to save your information about the Payment Method and to make charges through your Payment Method as described in these Payment Terms. If the account details of your Payment Method change (eg, account number, tracking number, expiration date) as a result of a new issue or other reason, we may acquire such information from your financial services contributor or your bank and update the Payment Method registered in your Doorledoor Account.
- You are solely responsible for the accuracy and completeness of the information in your Payment Method. Doorledoor is not responsible for any loss you suffer as a result of incorrect information about the Payment Method that you have provided yourself.
- If the location of your bank is different from the country of your payment method, or if your selected currency is different from the billing currency of your payment method, your payment may be processed outside your country of residence. For example, if you make a reservation using a card issued by the United States, but select Mexican peso as your currency, your payment may be processed outside of US banks and credit card companies may impose international transaction fees and foreign exchange fees on such transactions. Also, if you choose to pay in a currency other than the billing currency of your payment method, your bank or credit card company may convert the payment amount to your billing currency associated with your payment method, based on an exchange rate and fee amount determined solely by your bank. As a result, the amount shown on your card statement may be a different amount than what is shown at checkout. Contact your bank or credit or debit card company if you have any questions about these charges or the applicable exchange rate.
- Financial Terms for Hosts
- General Terms
In general, Doorledoor will collect Total Fees from a Guest at the time the Host accepts the Guest’s reservation request, or at any time mutually agreed by the Guest and Doorledoor.
- Payments in your favor
- To receive a Payment, you must have a Payment Method linked to your Doorledoor Account. In general, Doorledoor will activate Subscriptions through its chosen Payment Method for Accommodations within 24 hours from the Guest’s expected arrival time (or within 24 hours from 3:00 p.m [local time in the center of Mexico City] if the local time is not known, in case the arrival time is flexible or has not been specified). Doorledoor will make the Credits within 3 (three) business days following the date on which your Host has left the property or has finished providing any Service.
- The time it takes for the Payment to be received from when Doorledoor issues it will depend on the Payment Method you choose and the Payment Method provider’s planning. Doorledoor may delay or cancel any Payment in order to avoid illegal or fraudulent activities, risk assessment, or for security or investigation reasons.
- Your Payment for a reservation will be the Ad Fee minus the corresponding Service Commissions and Taxes.
- If a Guest cancels a confirmed reservation, Doorledoor will remit the Payment of any amount of Total Fees due to you in accordance with the applicable cancellation policy.
- Doorledoor will send your Payments in the currency of your choice, based on your selections on the Doorledoor Platform and in accordance with the provisions herein. The amounts may be rounded up or down.
- For compliance or operational purposes, Doorledoor may limit the value of each individual Payment. If you are owed an amount greater than this limit, Doorledoor may activate a series of Payments (possibly over several days) to send you the total amount of your payment.
- Financial Terms for Guests
- You authorize Doorledoor to charge you through your Payment Method the Total Fees for any reservation requested in connection with your Doorledoor Account. Doorledoor will collect the Total Fees as agreed between you and Doorledoor through the Doorledoor Platform. In general, Doorledoor will collect the Total Fees once the Host accepts your reservation request. However, if you pay with a “push” Payment Method, Doorledoor will collect the Total Fees at the time of your reservation request or when the Host accepts your reservation request. Doorledoor may offer alternative options regarding the moment and method of payment. For example, in some cases, Guests will have to pay in installments or be offered the possibility to pay in installments for the property lease. Additional fees for making use of the payment options offered will be displayed on the Doorledoor Platform and will be included in the Total Fees, and you agree to pay such fees by selecting the payment option. The use of an alternative payment option may be subject to additional terms and conditions. In the event that Doorledoor is unable to collect the Total Fees as planned, it will collect them at a later time. Once the payment operation for your reservation request has been successfully completed, you will receive a confirmation email.
- When you request to reserve an Ad, Doorledoor may also (i) obtain a prior authorization through your Payment Method for Total Fees, (ii) charge or authorize through your Payment Method a nominal amount to verify your Payment Method, or (iii) authenticate your account through a third-party payment service provider to verify your Payment Method.
- If a reservation request is canceled because the Host does not accept it or you cancel it before the Host accepts it, the amounts charged by Doorledoor will be refunded and any prior authorization of your Payment Method will be waived (if applicable). The time frame for receiving a refund or for waiving prior authorization will vary depending on the Payment Method and the rules of the applicable payment system (eg, Visa, MasterCard, American Express, etc.).
- You authorize Doorledoor to carry out the Payment Method verifications described in Sections 6 and 8, as well as to charge through your Payment Method any reservations made in relation to your Doorledoor Account. You hereby authorize Doorledoor to collect any amounts owed by charging them through the Payment Method indicated in the check, either directly by Doorledoor or indirectly through a third-party online payment processor, and / or through one or more Payment Methods available on the Doorledoor Platform (such as gift checks).
- Designation of Doorledoor as Limited Collection Agent
- Each User who collects payments for services provided through the Doorledoor Platform (“Provider User“) hereby designates Doorledoor as a limited collection agent solely for the purpose of accepting funds from Users who acquire said services (“Acquirer User”).
- Each Provider User accepts that the payment made by an Acquirer User through Doorledoor will be considered as a payment made directly to the Provider User, and the latter will provide the services acquired to the Acquirer User in accordance with the agreed upon just as if such Provider User had received the payment directly from the Acquiring User. Each Provider User agrees that Doorledoor may reimburse the Acquiring User in accordance with the Doorledoor Terms and Conditions. Each Provider Member understands that Doorledoor’s obligation to pay the Provider Member is subject to and conditioned on the correct receipt of the associated payments by the Acquirer Users. Doorledoor only guarantees payments to Provider Members in amounts that Doorledoor has properly received from Purchasing Users in accordance with these Payment Terms. By accepting the designation as limited collection agent of the Provider User, Doorledoor assumes no responsibility for the acts and omissions of the Provider User.
- Each Acquirer User acknowledges and agrees that, despite the fact that Doorledoor is not a party to the contract between you and the Provider User, Doorledoor acts as a limited collection agent for such Provider User for the strict purpose of accepting payments from you on behalf of the Provider User. After the payment of the funds by you to Doorledoor, your payment obligation towards the Provider User is extinguished for the agreed amount and Doorledoor is responsible for remitting the funds to the Provider User as described in these Payment Terms, which constitutes Doorledoor’s contract with the Acquiring User. In the event that Doorledoor does not remit any of these amounts, the Provider User may only appeal against Doorledoor and not the Acquirer User directly.
- General financial terms
Doorledoor may charge fees for the use of certain Payment Services. Applicable fees will be displayed to Members through the Doorledoor Platform.
- Payment Authorizations
You authorize Doorledoor to charge you the amounts payable in accordance with these Payment Terms or the Doorledoor Terms. Specifically, you authorize Doorledoor to charge you:
- Any amount that you owe to Doorledoor (for example, derived from your reservations, service provision, Reservation Modifications, cancellations or other actions as a Guest, Host or User of the Doorledoor Platform), including the reimbursement of reservations paid in advanced by Doorledoor on your behalf, making the charge in any Payment Method registered in your Doorledoor Account (unless you have previously revoked your authorization for charges to be made to such Payment Method(s)) or by withholding such amounts from your future Payments. Any amount collected by Doorledoor will offset the amount you owe Doorledoor and will void your obligation to Doorledoor.
- Any sum payable to a Provider User by an Acquirer User that Doorledoor collects as the Provider Member’s collection agent pursuant to the provisions of Section 9 above.
- Taxes, when applicable, in accordance with the provisions of the Doorledoor Terms.
- The Excess Stay Fees payable in accordance with the provisions of the Doorledoor Terms. Likewise, Doorledoor may recover any costs and expenses incurred in the process of collecting the Fees for Excess of Stay by making the corresponding charge to any Payment Method(s) that you have registered in your Doorledoor Account (unless you have previously revoked your authorization to charge such Payment Method(s)).
- Any Service Fee or cancellation fees as provided in the Doorledoor Terms (for example, if you, as the Host, cancel a confirmed reservation). Doorledoor will be entitled to recover the amount of such refund from you, including by withholding such refund amount from any future Payments due to you.
- Fees that have been improperly paid to you as a Host. If, as a Host, your Guest cancels a confirmed reservation or Doorledoor decides that a confirmed reservation needs to be canceled, and Doorledoor issues a refund to the Guest in accordance with the Doorledoor Terms due to force majeure, or other applicable cancellation policy, you agree that in the event that you have already been paid, Doorledoor will have the right to recover from you the amount of such refund, including by subtracting such amount refunded in any future Payments due to you.
- Fees, costs and / or expenses associated with a Claim for Damages, including any Guarantee, in accordance with the provisions of the Doorledoor Terms. If Doorledoor is unable to charge your Payment Method used to make the reservation, you agree that Doorledoor may charge through any Payment Method registered in your Doorledoor Account at the time of the Claim for Damages (unless you have previously revoked your authorization for charges to be made to such Payment Method(s)). Doorledoor also reserves the right to charge you in another way and to use whatever resources Doorledoor has available to regarding situations where you are liable for a Damage Claim in accordance with the Doorledoor Terms, including, but not limited to, payment requests made by Hosts under the Doorledoor Host Guarantee.
In addition to the amount owed, if there are amounts in arrears or chargebacks associated with your Payment Method, you may be charged ancillary fees related to our collection of such amounts in arrears and chargebacks. Such fees or charges may include collection fees, processing fees, or other third-party fees.
- Any refund or amounts payable to a User in accordance with the provisions of the Doorledoor Terms will be processed and remitted by Doorledoor in accordance with these Payment Terms.
- Doorledoor will process refunds immediately, however, the time to receive any refund will vary according to the Payment Method and any applicable payment system regulations (example: Visa, MasterCard, American Express, etc.).
- Periodic Payments
- For certain reservations (such as Accommodation Reservations of twenty-eight (28) nights or more), Doorledoor may require the Guest to make periodic, progressive payments up to covering the Total Fees owed (“Periodic Payments”). If it is applicable to a reservation, you will find more information about Periodic Payments (including the amount and frequency of payment) at the Doorledoor Platform.
- If the Periodic Payments are applicable to a confirmed reservation, the Guest will authorize Doorledoor to collect the Total Fees, and the Host agrees that Doorledoor activates the Payments in the amounts and with the frequency agreed and indicated on the Doorledoor Platform.
- Guests may stop the disbursement of a Periodic Payment by giving Doorledoor verbal or written notification at least three (3) business days prior to the scheduled payment date. Doorledoor may require you to submit written confirmation of a suspending payment order within fourteen (14) days of the verbal notification date. If you do not submit written confirmation within fourteen (14) days as requested, Doorledoor is not obligated to honor your request to suspend any future Periodic Payments. If you have any questions about your Periodic Payments, you can contact Doorledoor.
- Errors in the processing of Payments
We will take the necessary measures to correct any error in the processing of Payments of which we are aware. Such measures may include the practice of a credit or a debit (as applicable) with the same Payment Method used for the original payment made in favor of or by you, so that you end up receiving or paying the correct amount. This can be done by Doorledoor or a third party, such as a bank.
- In the event that Doorledoor is unable to charge any amount that you owe under these Payment Terms, Doorledoor may initiate collection procedures to obtain such amount from you.
- Doorledoor will consider any amount owed pending: (a) in the case of authorized charges, after one hundred and twenty (120) calendar days from when Doorledoor first attempts to collect the User’s Payment Method or since the associated services are provided , what happens later; and (b) in the case of withholdings from future Payments from a Host, after two hundred and seventy (270) days from when the adjustment is made to the Host’s account or since the associated services are provided, whichever occurs later.
- Doorledoor will consider that the amounts due that are not collected will be due when 365 (three hundred sixty-five) days have elapsed: (a) for authorized charges, after Doorledoor first attempts to collect the User Payment Method or the associated services have been proportionate, whichever happens later; and (b) for withholdings from a Host’s future Payments, after the Host’s account has been adjusted or associated services have been provided, whichever happens later.
- By this document, you agree that all communication in relation to amounts pending payment will be made by email or by telephone, as you have indicated to Doorledoor. Doorledoor or anyone on its behalf, including but not limited to a third-party collection agent, may initiate such communication.
- Security Deposit
- If you, as a Guest, (i) agree to pay the Host in connection with a Claim for Damages or (ii) are declared by Doorledoor as responsible for the damage to a property or to any personal or material goods existing in a property in accordance with the Doorledoor Terms, you authorize Doorledoor to pass the charge through the Payment Method used to make the reservation in order to collect the Security Deposit associated with the Ad, as well as any amounts of the Claim for Damages that exceed the Security Deposit. If the Ad does not have such a Security Deposit, Doorledoor may charge you through the Payment Method used to make the reservation the amount of the Claim for Damages. If we are unable to charge through your Payment Method used to make the reservation, you agree that Doorledoor may charge you through any other Payment Method registered (apart from those that are not authorized) in your Doorledoor Account at the time of the Claim for Damages.
- Doorledoor also reserves the right charge you in another way and to make use of whatever resources Doorledoor has available regarding situations where you are liable for a Damage Claim in accordance with the Doorledoor Terms including, but not limited to, payment requests made by Hosts under the Doorledoor Host Guarantee.
- The Security Deposit may be used, upon request by the Host, to satisfy the Excess of Stay Rates owed by a Guest.
- Currency conversion
Doorledoor will process each transaction in the currency that the Member selects through the Doorledoor Platform. The currencies available to make and receive payments for any transaction may be limited for regulatory or operational reasons depending on factors such as the Payment Method selected by the Member and / or the Member’s Country of Residence or the contracting entity(s) from Doorledoor. These restrictions will be communicated to you through the Doorledoor Platform and you will be asked to select a different currency or Payment Method. Please note that a third-party payment service provider of the Member may apply other fees to the transaction, the currency or other conversion to the currency or the Payment Method that the Member selects to make or receive payments, and Doorledoor is not responsible for such commissions or fees and waives all obligations in this regard.
- Abandoned goods
If we are unable to initiate a Payment, refund or remit payment of other sums that are payable to you in the corresponding period of time applicable in your state, country or by another governing body in its legislation regarding unclaimed goods, we may process the sums owed to you in accordance with our legal obligations, including the referral of such sums to the corresponding governing body as provided by the law.
- Forbbiden activities
You assume full the responsibility derived from the fulfillment of the totality of the laws and regulations, as well as the tax obligations that are applicable to your use of the Payment Services. In relation to your use of the Payment Services, you will not be able to perform the following actions and admit that you will not proceed to such actions or help or allow others to do so:
- breach or circumvent any laws or regulations, contracts with third parties, rights of third parties or the Doorledoor Terms, and other policies;
- use the Payment Services for commercial or other purposes that are not explicitly authorized in these Payment Terms;
- register or use Payment Methods in your Doorledoor Account that you do not own or for whose use you do not have authorization;
- avoid, circumvent, withdraw, deactivate, diminish, decode or in any other way circumvent technological measures implemented by Doorledoor or any of Doorledoor’s providers or another third party to protect the Payment Services;
- take any action that harms or adversely affects, or may harm or adversely affect, the performance or correct operation of the Payment Services;
- try to decipher, decompile or disassemble the software used to offer the Payment Services or reverse engineer it; or
- infringe or violate the rights of any other person or harm any other person in any other way.
- Intellectual property rights and other notices
- The legislation on copyright, trademarks and other types of Mexico and other countries protect the Payment Services. You agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of Doorledoor and its licensors. You agree not to remove, alter, or conceal copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Payment Services. All Doorledoor trademarks, service marks, logos, trade names and any other proprietary designations used in, or in connection with, the Payment Services constitute trademarks or registered trademarks of Doorledoor in Mexico. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used in, or in connection with, the Payment Services are used for identification purposes only and may be the property of their respective owners.
- You will not use, copy, adapt, modify or prepare derivative works that are based on the Payment Services, nor will you distribute, license, sell, transfer, publicly display, publicly provide, transmit, broadcast, or otherwise exploit the Payment Services, with except as expressly permitted in these Payment Terms. No license or right will be granted to you, implicitly or explicitly, under any intellectual property right owned or controlled by Doorledoor or its licensors, with the exception of the licenses and rights that are expressly granted in these Terms Payment.
We appreciate your observations, comments and suggestions, and we encourage you to do so, to improve the Payment Services (hereinafter, the “Observations“). You can send Observations by sending us an email. Any type of Observations that you send us will be considered non-confidential and without ownership rights. By submitting Feedback to us, you grant us a non-exclusive, international, royalty-free, irrevocable, sublicensable, and perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- If you choose to use the Payment Services, you do so voluntarily and at your own risk and expense. To the maximum extent permitted by the law, the Payment Services are provided “as they are”, without warranty of any kind, either explicit or implicit.
- Despite Doorledoor’s designation as a limited collection agent for Provider Users for the purpose of accepting payments from Acquirer Users through the Doorledoor Platform, Doorledoor expressly disclaims all liability for any act or omission of any User or third party. Doorledoor has no duty or obligation as agent with respect to each Provider User, except to the extent expressly stipulated in these Payment Terms, and additional duties or obligations that the legislation may imply are expressly excluded, to the maximum extent allowed by the law.
- If we decide to carry out an identity verification on a User, to the extent permitted by applicable legislation, we waive any guarantee of any kind, whether express or implicit, that such checks end up detecting past inappropriate behavior on the part of a User or to guarantee that a User will not adopt inappropriate behavior in the future.
- The above disclaimers apply to the maximum extent permitted by the law. You may have other regulatory rights or guarantees that are not excluded by current legislation. However, the duration of any legally necessary guarantees will be limited to the maximum extent permitted by the applicable legislation, if any.
- Except for the provisions of Section 18.2, you acknowledge and agree that, to the maximum extent permitted by the law, you assume all the risk arising from your access and use of the Payment Services. If you allow or authorize someone else to use your Doorledoor Account in any way, you are responsible for their actions. Neither Doorledoor nor any other party involved in the creation, production or provision of the Payment Services shall be liable for any compensation for incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of fund of trade, service interruption, computer damage or system failure or the cost of replacement products or services, or for any compensation for damages due to personal or physical injury or emotional suffering arising from, or related to, (i) these Payment Terms, (ii) the use of, or the inability to use, the Payment Services, (iii) any communications, interactions, meetings with other Users and other people with whom you communicate, interact or meet as a result of your use of the Services Payment, whether based on the guarantee, the contract, a civil offense (such as negligence), product liability or any other legal basis, and whether Doorledoor has been informed of the possibility of such damages as if not, even if it is concluded that any remedy contemplated herein has not achieved its fundamental purpose. With the exception of our obligations to pay the amounts to the corresponding Provider Users in accordance with these Payment Terms or a payment request approved under the Doorledoor Guest Guarantee, in no case the total responsibility of Doorledoor arising from , or is related to, these Payment Terms and the use of the Payment Services, including, but not limited to, The use of, or inability to use, the Payment Services, will exceed the amounts that you have paid or owed for reservations through the Doorledoor Platform as a Guest, in the period of twelve (12) months prior to the event that gave rise to liability, or in the event that you are a Host, the amounts that Doorledoor has paid you in the twelve (12) month period prior to the event that gave rise to the liability, or the amount of $ 100.00 USD (one hundred dollars 00/100, legal tender of the United States of America), if none of such payments had been made, as appropriate. The prejudice restrictions set forth above are fundamental elements of the basis of the agreement between you and Doorledoor. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation may not apply to you. If you reside outside of Mexico, this does not affect Doorledoor’s liability for death or personal injury arising from its negligence, or for fraudulent misrepresentation, misrepresentation regarding a fundamental matter, or any other liability that cannot be excluded or limited in under the applicable law.
To the extent permitted by current applicable law, you agree to exempt, defend (at Doorledoor’s option), indemnify and release Doorledoor and its affiliates and subsidiaries from all liability, as well as its shareholders, managers, officers, employees and agents, against any claims, obligations, damages, losses and expenses, including, but not limited to, reasonable fees of lawyers and accountants, that are derived or kept in any way in relation to (i) your breach of the present Terms of Payment; (ii) your misuse of the Payment Services; (iii) the Collection and Transfer by Doorledoor of Accommodation Taxes; or (iv) your breach of any laws, regulations or rights of third parties.
- Termination, suspension and other measures
- This Agreement will continue unless, and until, it is terminated, suspended, or other actions are taken, as described in this section 20.
- You may terminate this Agreement at any time by sending us an email, or by following the termination procedure indicated in the Doorledoor Terms. Termination of this Agreement will also act as a notice to terminate your Doorledoor Account in accordance with the Doorledoor Terms. If you cancel your Doorledoor Account as a Host, Doorledoor will fully reimburse any Guest with confirmed reservation(s). If you cancel your Doorledoor Account as a Host, Doorledoor will activate a refund for any confirmed reservation (s) based on the cancellation policy of the Listing.
- Without limiting our rights set forth below, Doorledoor may terminate this Agreement at its convenience at any time by sending you an anticipated notice via email within thirty (30) calendar days to your registered email address.
- Doorledoor may, immediately and without notice, terminate this Agreement in the event that (i) you have substantially breached your obligations under this Agreement; (ii) you have provided inaccurate, fraudulent, outdated or incomplete information; (iii) you have violated laws, regulations or rights of third parties that apply to you; or (iv) Doorledoor believes in good faith that such action is reasonably necessary to protect other Users, Doorledoor or third parties (for example, in the event of fraudulent behavior of a User).
- In addition, Doorledoor may temporarily or permanently limit or suspend your use or access to the Payment Services (i) in order to comply with the corresponding legislation, judicial order or request and requirements of law enforcement agencies, the government or the administration or in the event that (ii) you have breached these Payment Terms, the Doorledoor Terms, laws, regulations, rules or rights of third parties that apply to you, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information regarding a Payment Method, or (iv) the amounts owed under these Payment Terms are past due or in arrears, or (v) Doorledoor believes in good faith that such action is reasonably necessary to protect the personal safety or property of Doorledoor, its Users, or third parties, or to prevent fraud and other illegal activities.
- In the case of minor breaches, and when applicable, Doorledoor will notify you of any action taken and give you the opportunity to resolve the problem in a manner reasonably satisfactory to Doorledoor.
- If Doorledoor takes any of the measures described in this Section, you may appeal that decision by contacting Customer Service.
- If you are a Host or a Host who provides services and we adopt any of the measures described in this Section, we may fully refund all and any confirmed reservations to your Guests, regardless of pre-existing cancellation policies, and you will not have the right to any compensation for pending or confirmed reservations that are canceled.
- If your access to or use of the Payment Services has been limited or we have terminated this Agreement, you will not be able to register a new Doorledoor Account or attempt to access and use the Payment Services through another Doorledoor Account of another Member.
- These Payment Terms will remain in effect upon the extinction or termination of this Agreement.
- Applicable Legislation and Jurisdiction
- For the interpretation, fulfillment and execution of this Contract, the Users irrevocably and expressly submit to the jurisdiction of the competent courts in Mexico City, Mexico, expressly waiving any other jurisdiction that for any reason may correspond to them.
- General provisions
- With the exception of any supplements that may imply additional terms and conditions, policies, guidelines or regulations, these Payment Terms constitute the entire Contract between Doorledoor and you regarding its object, and replace any and all previous agreements or contracts, orally or in writing, between Doorledoor and you regarding the Payment Services.
- No joint venture, partnership, employment, commission, or agency relationship exists between you and Doorledoor as a result of this Agreement or your use of the Payment Services.
- If any provision of these Payment Terms is declared null or unenforceable, such provision will be annulled and will not affect the validity or applicability of the rest of the provisions contained herein.
- Failure of Doorledoor to enforce any right or provision of these Payment Terms will not constitute a waiver of such right or provision, unless we acknowledge and agree to it in writing. Except as expressly provided in these Payment Terms, the exercise by any of the parties of any of its resources contemplated in these Payment Terms will be without prejudice to its other resources contemplated in these Payment Terms or provided for otherwise by the law.
- You may not assign, transfer, or delegate this Agreement or your rights and obligations hereunder without the prior written consent of Doorledoor. Doorledoor may, without restriction, assign, transfer or delegate this Agreement and any rights and obligations, at its sole discretion, with thirty (30) calendar days’ notice. Your right to terminate this Agreement at any time will not be affected.
- This Contract does not confer any right or resource to any person outside the parties, nor does it have such intention. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of this Contract for the purposes of ensuring compliance with the provisions relating to payments, although their consent or agreement is not necessary to implement changes or modifications of this Agreement.
- Unless otherwise indicated, any notice and other communications necessary or permitted under this Agreement will take place in writing and will be delivered by Doorledoor by email, by notification on the Doorledoor Platform or by message (including SMS and WhatsApp).
- Additional clauses for users who are companies
The following paragraphs also apply if you are using the Payment Services as a representative (“representative”) acting on behalf of a legal entity or other legal entity (in which case, for the purposes of the payment terms, “you and “your” will refer to and apply to that legal person or other legal entity).
You accept the payment conditions; you will be responsible for any act or omission of third-party employees or agents who use the payment service on your behalf.
You and your representative individually affirm that you are authorized to provide the banking information that is requested to carry out any transaction and your representative has the authority to bind you to these payment terms. You may be required to provide additional information or documentation that demonstrates the authority of your representative.
You declare and guarantee to us that: (i) you are duly organized, validly existing and in good condition in accordance with the laws of the country in which your company is registered and that you are registering to receive the Payment Services; and (ii) you have the necessary powers and authorizations to enter into and adhere to this agreement, as well as fulfill your obligations and grant the rights, licenses and authorizations in this agreement.
For any payment method linked to your Doorledoor account, you authorize it to store the Payment Method, refer payments using the Payment Method for reservations associated with your Doorledoor account, and take any other action permitted in the conditions payment regarding the payment method.
If you manage, store, or otherwise process payment card information on behalf of any person or any third party, you agree to continue to comply with applicable data security and privacy requirements under the current Payment Card Industry Data Security Standard with respect to the use, access, and storage of such credit card information. For additional information, including tools to help you assess compliance, go to http://www.visa.com/cisp, https://www.americanexpress.com/ and https://www.mastercard.com/sdp.
Guest Refund Policy
These terms and conditions govern Doorledoor’s policy on refunds to Guests (“Guest Refund Policy“), as well as the Host’s obligations associated with the Guest Refund Policy. The Guest Refund Policy applies in addition to Doorledoor’s Terms of Service (“Doorledoor Terms”). The Guest Refund Policy is available to Guests who reserve and pay for an Accommodation through the Doorledoor Platform and experience a Travel Setback (as defined below). Guest’s rights under this Guest Refund Policy supersede the guest’s cancellation policy.
All capitalized terms have the same meaning as set forth in the Doorledoor Terms or Payment Terms unless otherwise stated in this Guest Refund Policy.
By using the Doorledoor Platform as a Guest or Host, you confirm that you have read, understand, and agree to be bound by this Guest Refund Policy.
- Travel Setback
A “Travel Setback” can be any of the following:
- (a) the property’s Host (i) cancels a reservation shortly before the scheduled start of the reservation, or (ii) does not provide the Guest with a reasonable possibility of accessing the property (e.g., does not provide keys or a security code to access).
- the description or illustration of the property in the Listing is substantially inaccurate with respect to:
- the size of the property (eg, number and size of bedrooms, bathrooms, kitchens, or other rooms);
- If the Accommodation reservation is for the entire property, a private or shared bedroom, and another part, including another Guest, will stay in the Accommodation during the reservation dates;
- the services or special features indicated in the description of the Ad are not provided or do not work, such as terraces, swimming pools, bathtubs, bathrooms (toilet / shower / bathtub), kitchen (sink / stove / refrigerator or other important appliances) and systems electric heating or air conditioning;
- the physical location of the Accommodation (proximity).
- at the start of the Guest’s reservation, the Accommodation: (i) is not clean and sanitary (ii) presents threats to safety or health that could reasonably adversely affect the Guest’s stay at the Accommodation in the opinion of Doorledoor, (iii) does not include clean bedding and towels for the Guest’s use or (iv) contains insects or pets not mentioned in the Announcement.
- The Guest Refund Policy
If you are a Guest and suffer a Travel Setback, you will not be entitled to any refund at the outset, however, we accept, at our discretion, to proceed to one of the following actions: (i) reimburse the amount you have paid through the Doorledoor Platform (“Total Cost“) depending on the nature of the Travel Setback suffered, or (ii) put our efforts, within reason, to find and reserve another Accommodation for you any unenjoyed rights remaining in your reservation that are reasonably comparable to the Accommodation described in your original reservation in terms of size, bedrooms, features and quality. All determinations by Doorledoor regarding the Guest Refund Policy, including, without limitation, the amount of any refund and comparability of alternative properties, will be at Doorledoor’s judgment and will be final and binding on Guests and Hosts.
- Conditions for claiming a Travel Setback
To file a valid claim for a Travel Setback and receive the benefits related to your reservation, you will have to meet each of the following conditions:
- you must be the Guest who booked the Accommodation;
- you must notify us of the Travel Setback in writing, email, or by phone and provide us with information (including photographs and other evidence) about the property and circumstances of the Travel Setback within 24 (twenty-four) hours of from the latest moment between (i) the start of your reservation or (ii) the moment you discover the existence of the Travel Setback, and you must respond to any request we make for additional information or cooperation regarding the Travel Setback;
- you may not have directly or indirectly caused the Travel Setback (by action, omission or negligence);
- unless Doorledoor instructs you that the Travel Setback cannot be remedied, you must have done reasonable efforts to attempt to remedy the circumstances of the Travel Setback with the Host before filing a claim for a Travel Setback.
- Minimum levels of quality, responsibilities of the Host and refunds to the Guest
- If you are a Host, you will be responsible for ensuring that the accommodations that you advertise on the Doorledoor Platform meet minimum levels of quality regarding access, correspondence of the description in the Ad, security, cleanliness and do not present Travel Setbacks for the Guest. During a Guest’s stay at an Accommodation, Hosts must be available or make a third party available to try, in good faith, to resolve any Guest’s setback.
- If you are a Host, and if (i) Doorledoor determines that a Guest has suffered a Travel Setback related to an Accommodation that you have advertised and (ii) Doorledoor reimburses that Guest (up to Full Cost) or offers alternative accommodation to the Guest, you agree to reimburse Doorledoor in full the amount paid by it within 30 (thirty) calendar days from Doorledoor’s request. If the Guest is relocated to alternative accommodation, you also agree to reimburse Doorledoor for any reasonable additional costs that Doorledoor incurred to relocate the Guest. You authorize Doorledoor to collect all amounts owed to Doorledoor by reducing your Payment or otherwise in accordance with the Payment Terms.
- As a Host, you understand that Guest’s rights under this Guest Refund Policy supersede your selected cancellation policy. If you do not agree with the Travel Setback, you can notify us in writing, by email, or by telephone and provide us with the data (including photographs or other evidence) to refute the claims related to the Travel Setback, provided you have done what is reasonably possible in good faith to attempt to resolve the Travel Setback with the Guest before contesting the claim due to the Travel Setback.
- General provisions
- Non-transferability / Absence of guarantee. This Guest Refund Policy is not intended to constitute an insurance offer, nor does it constitute insurance or an insurance contract that the Guest has or may enter into, and the Guest has not paid any premium in respect of the Guest Refund Policy. You may not assign or transfer benefits provided to you under this Guest Refund Policy.
- Modification or termination. Doorledoor reserves the right to modify or terminate this Guest Refund Policy, at any time and at its sole discretion. If Doorledoor modifies this Refund Policy to the Guest, we will publish the modification on the Doorledoor Platform or we will send you a notice of the modification and Doorledoor will continue to treat all claims for Travel Setbacks that have been made prior to the effective date of the modification.
- Entire Agreement. This Guest Refund Policy constitutes the entire and exclusive agreement between Doorledoor and you with respect to the Guest Refund Policy and substitutes and replaces any and all prior agreements, written or oral, subscribed between Doorledoor and you regarding the Guest Refund Policy.
- Contact with Doorledoor
If you have any questions about the Guest Refund Policy, you can email us.