Last revision: June 13, 2022
Terms and Conditions of Service
ABOUT THE TERMS AND CONDITIONS OF SERVICE
.
The terms and conditions of service are part of the Maia Home service provision contract and contain the general terms and conditions under which the company undertakes to provide the service.
.
1. CONDITIONS FOR THE SERVICE
.
"THE HOST" gives accommodation to "THE GUEST" "THE PROPERTY" and he takes in that capacity the property that is described in the registration form.
The parties voluntarily agree that "THE GUEST" will pay "THE HOST" or whoever their rights represent, the remuneration stipulated for the consideration of the accommodation service, which is stipulated for the accommodation in the registration form.
The payment of the accommodation will be in advance and must cover the corresponding amount in full, even when I will not use "THE PROPERTY" full time.
The amount will be covered in the digital portal of the AIRBNB hosting application, BOOKING.COM among others, or at the address of "THE PROPERTY" or in the bank account and will begin to be covered from the start date of the validity of the contract, being cause for termination of the contract the fact that the payment is covered untimely, or that it is not covered in its entirety, in which case "THE GUEST", in accordance with the provisions of article 2669 of the Code Civil for Mexico City, accepts that luggage, personal property and any object that he introduces in the locality provided in the hosting service and that he declares as of today that they are his exclusive property will be retained as guarantee of payment. THE GUEST expressly accepts that the liquid sum of money that appears in the invoice, will have the character of executive
2. SERVICES. "THE HOST" is obliged to cover the services of electricity, internet, gas, cable and light, NOT the food, laundry products, as well as cleaning products in general.
"THE HOST" is obliged to deliver the property with courtesy supplies such as: hand soap, toilet paper, dish soap and paper towels in the kitchen, if during the term of the stay "THE GUEST" ends up with these supplies, it will be their responsibility. from "THE GUEST" resupply those required for use during the stay.
"THE PROPERTY" has enough movable property for the operation and enjoyment of it, if "THE GUEST" requires any additional movable property that "THE PROPERTY" does not have, he will have to request it in writing or by telephone, being at the free discretion of "THE HOST" the acceptance of said request, in addition, it will have an extra cost to the payment of the service that "THE GUEST" will have to cover.
3. - ADDITIONAL PEOPLE. THE "GUEST" in no case may exceed the maximum number of guests already indicated and agreed in Annex 1 for use of the "PROPERTY". The "GUEST" will have to inform the number of people who will stay in the "PROPERTY", as well as provide a copy of their official identification as indicated in clause II of this legal instrument. In the event that "THE GUEST" wishes to extend the hosting service for additional people NOT agreed in the following legal instrument, it is obliged to notify "THE HOST" in writing or by telephone, informing the number of additional people and the time of stay of the same, being at the free discretion of "THE HOST" the acceptance of said request. "The HOST" will reply in writing if it accepts or denies said request.
4. - OBLIGATIONS. "THE GUEST", furthermore, undertakes:
I. Not to smoke inside the apartment in any of the areas and common areas of the building.
II. To use the apartment given in lodging only for temporary residential accommodation for the term indicated in this legal instrument;
III. Not to grant the use of it, in whole or in part, to another or other outsiders for whom the hosting service is hired.
IV. Not to make changes to it without the prior written consent of "THE HOST".
V. To notify "THE HOST" of any news that is detrimental to the apartment, as well as leaks and deterioration of the apartment, being responsible for the damages caused by its omission;
SAW. To keep the apartment in the good condition in which it was received, and to return it in that same condition at the end of the contract;
VII. Not to enter visits to "THE PROPERTY".
VIII. To vacate "THE PROPERTY" no later than the expiration date of this contract at the pre-set checkout time.
X. Respect the regulations attached as ANNEX 2 as well as the restrictions or prohibitions of the building where "THE PROPERTY" is located, as well as to pay the penalties that the building imposes in case of non-compliance.
XI. To comply with all the obligations that the Civil Code of the Federal District now Mexico City imposes on guests.
XII. Not to enter more than the persons authorized to "THE PROPERTY".
5. - REPAIRS. "THE HOST" is obliged to carry out all kinds of repairs that "THE PROPERTY" will need, as long as said repairs do not arise because of any damage caused by the "GUEST", in case the repairs arise due to the detriment of " THE GUEST ”is obliged to carry out and pay for said repairs, regardless of the termination of this contract.
6. - DANGEROUS SUBSTANCES. - The parties agree that it is forbidden to store dangerous, flammable, corrosive, deleterious or illegal substances within the property. In the event of a claim, "THE GUEST" must cover the damages caused to the "PROPERTY", "THE HOST" and the other neighbors and their properties that are affected by the damages caused to them.
7. - PROHIBITED SUBSTANCES. - "THE GUEST" and his authorized companions, are strictly prohibited from introducing, conserving, storing, using and / or consuming all kinds of harmful substances or drugs prohibited by Mexican law, the violation of this prohibition being an immediate cause of termination, therefore that said "GUEST" and his authorized companions, must vacate the "PROPERTY" immediately, in accordance with what for the case is agreed later
8. - FORCE MAJEURE. - The "HOST" in no case will be responsible for the breach of any of its obligations stipulated therein, if said breach is caused by an event of "Force Majeure", so said obligation will be suspended during said event.
9.- DAMAGES OR MISSING.- "THE HOST" is not responsible for any type of damage or accident that "THE GUEST" and its visitors may suffer within "THE PROPERTY" or in the common areas of the building of the damages or shortages suffered in vehicles, real estate or assets of "THE GUEST", during the occupation or vacating of the property, nor during the duration of their stay in it, since "THE GUEST" and the persons indicated in this contract To receive the hosting service, they are in charge of the safety of their person and their own location.
10. - CANCELLATION OR MODIFICATION. In the event that "THE GUEST" cancels their stay or stays in the "THE PROPERTY" for less time than the agreed upon, no refund applies, therefore, "THE HOST" is NOT obliged to make any kind of refund regarding the amount agreed by the stay.
If the "GUEST" wants to extend his reservation, he may request the "HOST" the extension of the reservation. If the "HOST" authorizes said extension in writing, the "GUEST" must cover the amount communicated in writing and pay the amount for said extension before the original reservation ends, in the account that is stipulated in paragraph b) above. . "THE HOST" will inform "THE HOST" if he must make the extension of the reservation in the digital lodging application that he has used for his reservation, requesting the extension of the same, waiting for the confirmation of the "HOST" in the application .
In the event that the "HOST" does not accept the extension of said reservation, the "GUEST" undertakes to vacate the property on the day and time that this legal instrument expires.
In the event that the "GUEST" does not vacate the property in a timely manner, the property accepts that movable property or objects that it introduces in the locality provided as a lodging service be seized and that it declares as of today are the exclusive property of "THE HOST ”, Regardless of whether the eviction supported by the security forces is carried out.
11.- VACATION.- The parties agree that if at the end of this contract there is no renewal of the same, "THE GUEST" will be obliged to vacate the property in accommodation service on the date of its expiration at the time of checkout, this being 12:00 hours, if for any reason you do not do it, you must pay the amount of $ 1200.00 per hour (THOUSAND TWO HUNDRED PESOS WITH 00/100 MN) and for each following day double the total price of the agreed stay and subsequent days that it continues to occupy it until the total vacancy and legal delivery of the property that is the subject of this contract, without this implying its renewal or extension and therefore without prejudice to the legal or legal action that "THE HOST" may exercise to demand said vacancy. Therefore, "THE GUEST" accepts that he may be evicted with the support of the public force in the event of non-compliance with this legal instrument.
The amount incurred for not vacating in this clause is provided as a penalty for non-compliance and not for lodging, and you can only demonstrate that you have vacated the location with the written record that in such case "THE HOST" agrees to extend and by which has as material and legally received "THE PROPERTY".
12.- CLOSURES AND CLOSURES.- Damages caused to the property, as well as to the neighboring ones, due to accidents caused by the fault or negligence of "THE GUEST" and / or of any person who visits the property for any reason, will be the responsibility of the exclusive responsibility of the former, so in case of detecting any equipment or installation in poor condition from the first day of occupation of the same, written notice must be given to "THE HOST", with acknowledgment of receipt, to proceed to the repair, on behalf of "THE HOST", as long as the failure is not attributable to "THE GUEST".
When the property that is the subject of the accommodation service is closed or suspended in its use by provision of the competent authority and / or for causes attributable to "THE GUEST", the latter undertakes to carry out all the formalities and procedures before the corresponding authorities as well how to pay the fines, fees, surcharges or whatever the authority imposes for the purpose of lifting the closure or suspension seals, as well as the damages caused, forcing itself to remove "THE HOST" in peace and safety.
Failure to comply with this obligation will lead to the payment of a conventional penalty by "THE GUEST" for the equivalent of three times the agreed stay for each day that "THE PROPERTY" is closed or suspended in favor of "THE HOST", regardless of the payment of damages.
In the event that the real estate object of this contract is closed or is insured by any authority, for reasons attributable to "THE GUEST", it will be cause for termination of this contract, forcing the department to vacate immediately.
13.- OF THE EXTINCTION OF DOMAIN.- In the event that "the GUEST" or any of his authorized companions destines, uses or uses "THE PROPERTY" for a purpose other than the one agreed in the first and sixth clauses above and with it is dictated Enforceable resolution where the domain extinction law is applied to "the PROPERTY", whether federal or local, said "GUEST" is obliged to indemnify the "HOST", with the amount resulting from applying the commercial value of sale, according to the appraisal that, if applicable, is carried out by a bank appraiser, who has the property at the time of its extinction, having to cover said compensation no later than 15 days after it is issued where the sentence of extinction of ownership is enforceable.
14.- CONTROVERSY AND JURISDICTION.- In the case of controversy or voluntary jurisdiction regarding the interpretation, compliance, termination, termination, payment of pesos, payment of damages and non-compliance, said procedure will be carried out at the option of " THE HOST ”, through an arbitration procedure or through a judicial procedure before the competent courts of Mexico City as best suits his interests, so that“ THE HOST ”from this moment accepts said choice made by“ THE HOST ”.
15. - GOOD FAITH. "THE HOST" grants GOOD FAITH, the use, enjoyment and enjoyment of "THE PROPERTY" subject of this contract to "THE GUEST", with the understanding that the activity or use that is given to the Property by "THE GUEST "is for lodging and this will be of a lawful nature, defining in this act" THE GUEST "to" THE HOST "and" THE PROPERTY "from any action or civil, criminal, administrative or any other branch of law, which is could generate due to the misuse or destination that “THE GUEST” gives to “THE PROPERTY”, so the latter will be excluded from the Domain Extinction Law. Both parties agree that the good faith of the hosting service is presumed and demonstrated by signing this Hosting Contract.
16. - CONVENTIONAL PENALTY. - In case of non-compliance by "THE GUEST" to the obligations that are the object of this Contract and the rules of stay, he will be entitled to a conventional penalty equivalent to three times the total price of the stay, payable at the address of "THE PROPERTY" or in the bank account stated in clause TWO clause b, regardless of the termination of the contract, regardless of the payment of damages
17. - DEPOSIT: "THE GUEST" will grant upon signing this contract a guarantee deposit for the amount described in Annex 1, said deposit will be returned at the end of this contract, as long as there are no physical or material damages to the property In these cases, the quotation and accounts for debts will be made, which will be deducted from the deposit granted by "THE HOST". Likewise, the "GUEST" accepts that any charge that exceeds the amount of the deposit agreed upon here, including damages, damages or expenses originated by the violation of any of the clauses of this, be applied to the bank card indicated in Annex 1. contract.
"THE HOST" has a maximum period of 5 days to return the deposit, time that will be used to verify that "THE PROPERTY" is in good condition and there are no physical or material damages.
18. - USE OF THE PROPERTY. The use that "THE GUEST" and his authorized companions will give to "THE PROPERTY" will be exclusively that of lodging, therefore, if it is given a use other than that indicated here, it will be sufficient cause for "THE HOST" to terminate this contract. hosting service, without the need for a prior judicial declaration. In the event that "THE GUEST" allocates the property to another purpose than the one indicated, or in any other case determined by the authority, and with this an enforceable resolution is issued where the property of the National Extinction Law is applied Domain, "THE GUEST" is obliged to indemnify "THE HOST", by paying the amount that results from applying the sale value that "THE PROPERTY" has, at the time of its extinction, plus 50% ( fifty percent) of said amount, having to cover said compensation, no later than 15 (fifteen) days after an agreement is issued where the sentence of domain forfeiture is enforceable.
19. - NON-COMPLIANCE. "The breach of the clauses and violation of the provisions established in the contract by" THE GUEST "is cause for termination of this contract, not requiring any judicial declaration for the termination. "THE GUEST" expressly waives to be brought judicially to the immediate resolutory action of the rescission.
"THE HOST" is obliged to notify in writing via telephone message or message in the mobile application for the reservation of the accommodation service, or verbally to "THE GUEST" of his willingness to terminate the contract for the vacating of "THE PROPERTY" provided in service of lodging, obliging "THE GUEST" to vacate "THE PROPERTY" the same day it was notified.
20. - TERMINATION OF THE CONTRACT. The hosting contract will end in the following events:
a) Due to the expiration of the agreed term.
b) For breach of any of the obligations in charge of the parties and punctually for the breach of the payment of the price or canon in charge of the GUEST or for breach of the payment of other complementary services that the GUEST requests from their personal account.
c) In the events in which, in the exclusive judgment of "THE HOST", the behavior of the GUEST threatens the tranquility and / or health of the other guests or neighbors.
d) For smoking in the apartment or in any other smoke-free space of the building, when other guests, neighbors or users are affected and without prejudice to the payment that must be made in the terms established below. The termination of the contract does not exonerate or release the GUEST from the payment of outstanding balances.
21. - EFFECTS OF TERMINATION.
a) Upon termination of the contract, "THE HOST" may freely dispose of the apartment.
b) Upon termination of the contract and regardless of the cause of termination, "THE HOST" is empowered to enter the department, prepare and subscribe an inventory of the effects and luggage of THE GUEST and remove them from the department to leave them in safe deposit and adequate, without responsibility of the HOST and at the expense and risk of the GUEST.
c) If the GUEST does not pay the bill or part of it, the HOST may dispose and sell the GUEST's luggage and objects in the terms of article 2669 of the Civil Code in force for Mexico City, to cover the pending obligations with its product . The surplus, if any, will be made available to the GUEST. In the event of a deficit, the HOST may initiate the corresponding actions to obtain the full payment of the amount owed.
22.- MISCELLANEOUS.
a) Charges for smoking in rooms. Being consistent with the care of the environment and health, all departments are smoke-free. Smoking in the apartment or in any other space in the building constitutes a serious breach of the accommodation contract that results in its termination. If the GUEST smokes in the apartment, for each day they do so, they must pay (i) the cost that the HOST must incur to deodorize and clean the apartment, which is estimated at a sum equivalent to 100 USD, settled at the rate representative of the market on the day of payment, and (ii) the value of (2) nights at the rate corresponding to your accommodation, as the cleaning and deodorization process implies that the HOST cannot use the room for the next two ( 2 nights.
b) Penalty for noise greater than 70 decibels between 10:00 pm and 8:00 am. Both parties agree that it is FORBIDDEN to make parties or noise, in the aforementioned hours, if this threshold is exceeded, a fine of 250 USD will be applied for each day that this threshold is exceeded and is cause for termination of the contract. Accepting that no refund applies, therefore, "THE HOST" is NOT obliged to make any kind of refund regarding the amount agreed for the stay.