Terms and Conditions for Guests

1. Reservations
2. Payment and Cancellation
3. Deposits and Credit/Debit Card Holds
4. Fees and Commission for Guests
5. Community Givebacks
6. Your Stay
7. Damage, Theft, and Charges
8. Limitation of Liability

Terms and Conditions for Hosts

1. Introduction
2. Property Listing and Management
3. Fees and Commissions for Hosts
4. Easy Rental Payments
5. Promotional Offer
6. Payouts
7. Deposit Deductions for Guests
8. Zero Tolerance Policy for Off-Platform Contact
9. Limitation of Liability

Terms and Conditions for Reservations

By making a reservation through Machuca Homes, you agree to the terms and conditions outlined below:

Reservations for Guests

1. Confirmation and Contract: Your reservation is confirmed and constitutes a legally binding contract upon successful payment. No contract is formed if payment is declined or unauthorized.
2. Purpose of Booking: By booking, you acknowledge that it is for short-term leisure, business, or temporary purposes and does not establish a tenancy or lease.
3. Age Restriction: Reservations are restricted to individuals aged 18 or above, with at least one adult staying in the accommodation.
4. Non-Transferability: You are not permitted to transfer or resell your reservation.
5. Extending Your Stay: Should you wish to continue your stay at the property, it is your responsibility to contact the owner and make a contractual agreement to prolong your stay.

Payment and Cancellation

1. Payment Method: Payments are to be made via Credit or Debit Card unless otherwise agreed.
2. Partial Payment to Confirm Booking: A 5% booking fee is required to request the reservation. Once the host has confirmed their willingness to accept the booking a 95% payment will be due and sent via a card payment link to the guest.
3. Machuca Homes sevice fee: Guests will be charged 9% on top of the total booking amount to cover payment processing fees.
4. Rejected reservation and Guest Credit option: In the event a host rejects the reservation request, then the guest has the option to hold a credit for the $ amount of the reservation request that can go toward funding a future reservation request.
5. Rejected reservation and Refund: In the event a host rejects the reservation request, then the guest can alternatively request a full refund for the reservation request $ amount.
6. Refund Policy (Accepted Reservation): Once the reservation is confirmed by the host, reservations are 100% refundable of the remaining amount until 90 days from the start of the reservation. The reservation becomes 50% refundable between 90-60 days, and non-refundable from 60 days onwards.
7. Cancellation by Machuca Homes: Machuca Homes reserves the right to cancel bookings up to 90 days before the reservation’s start date if the owner prefers to rent their property to a long-term tenant. Machuca Homes prioritizes long-term residents for the greater good of the local community. The guest will receive a 100% refund of their booking amount.

Deposits and Credit/Debit Card Holds

1. Damage Deposit: Machuca Homes requires a holding/damage deposit of which the amount is determined by the host. This will be held on your debit/credit card for the duration of the reservation.
2. Credit Card Hold: Machuca Homes does not hold the deposit. Machuca Homes uses a service called Charge Automation that places an auto-renewal credit card hold where by the time the hold is in place is determined by the length of the reservation. Credit card holds will be released 72 hours after the property has been cleared by the host.

Fees and Commission for Guests

1. Machuca Homes service fee: Machuca Homes charges 9% commission on top of guests total booking amount for short-term and long-term reservations. This includes payment processing fees.
2. Community Contributions: Guests provide Community Contributions (see above for more information) where they contribute either 2% if they are a “short term guests” or 1% if they are “long term guests” on top of their booking total amount.
3. Deposits: Machuca Homes charges a 3.25% card authorization fee that is added to the total deposit amount. This fee along with the deposit amount will be refunded in full if the property is cleared by the host/agent.
   If the deposit requires a deduction in the event of damages or lost items, 3.25% will be added to the USD amount captured for the deposit deduction. The remainder of the deposit will be returned in full, including the original card authorization fee.
4. Easy Rental Payments: Should a host choose to use this service then guests will be charged a payment processing fee of 2% on top of their monthly rental amount. In this case, Machuca Homes will send out payment reminders for the rent to the guest, one week before rent is due.

Community Givebacks

Community Givebacks go toward financially supporting social or ecological projects in the local area that helps our communities grow in a holistic manner. Machuca Homes are committed to contributing to the local community. Guests will contribute a small percentage on top of their total booking fee.

1. Guest Givebacks: Short term guests will contribute 2% on top of their total booking fee. Long term guests will contribute 1% on top of their total booking fee.
2. Machuca Homes Givebacks: We are committed to paying out 5% of our net monthly income.

Your Stay

1. Reservation Breakdown: Booking dates and charges are detailed in the reservation breakdown.
2. Check-In and Check-Out: Check-in begins at 3pm, and check-out is no later than 10am unless otherwise agreed by the host. Additional fees may apply for early check-in or late check-out.
3. Guest Details: Guest details and phone numbers must be provided during booking.
4. Liability: Machuca Homes accepts no liability for the quality or safety of any property that is booked unless it directly manages the property. All guest or property liability is assumed by the host or the hosts’ agent.
5. House Rules: Guests are responsible for adhering to house rules, ensuring cleanliness, and refraining from disruptive behavior.

Damage, Theft, and Charges

1. Charge for Damages: Machuca Homes reserves the right to charge for damages, theft, or breaches of policy, applying charges to the provided credit/debit card.
2. Timing of Charges: Charges may be applied upon check-out or later, with holds on payment cards released post-check-out.
3. Invoices: Invoices will be issued for charges that cannot be applied to payment cards.

Limitation of Liability

1. Limited Liability: Machuca Homes’ liability is limited to the total booking value, except in cases of negligence.
2. Indirect Losses: Machuca Homes is not liable for indirect losses or damages.
3. Force Majeure: Events beyond Machuca Homes’ control exempt liability.

By making a reservation through Machuca Homes, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.

Terms and Conditions for Hosts

Introduction

Welcome to Machuca Homes. By listing your property on our platform, you agree to the following terms and conditions. These terms are designed to ensure a high-quality experience for all users.

Property Listing and Management

Property Condition and Liability

1. Host Responsibility: You accept full liability for the condition of the property listed.
2. Management: You must either self-manage the property or have a property manager who manages the property on your behalf.
3. Health and Safety of guests: Machuca Homes reserves the right to refuse publishing a listing or remove a current listing from the platform in the event of receiving evidence of guest’s health and safety being compromised by the poor condition of their property.

Photographs

1. Photo Quality: All photographs uploaded will be screened by our management team.
2. Quality Standards: If the photos do not meet our quality standards, we will recommend that you select a photographer from our list of recommended property photographers.

Fees and Commissions for Hosts

1. Commission Fees for Hosts: Machuca Homes charges 2% commission for short term and long term reservations*.

*Long term reservations are two months in length and the 2% commission is applied to the USD value only to those two months of the long term reservation. We offer the Easy Rental Payments as the continuation of the payments handling service for long-term bookings (see below).

Easy Rental Payments

1. Should the host wish for rental payments to be handled by Machuca Homes then a charge of 2% of the monthly rental amount will be applied.
2. This service can be requested before the expiry of a long term guest’s reservation.
3. Machuca Homes will send out payment reminders for the rent to the guest, one week before rent is due.

Discounts for Multiple Properties

1. Hosts with 5 or More Properties: Hosts with five or more properties can receive a small discount on the commission fee. If you are eligible please contact us to discuss this option.

Promotional Offer

1. Launch Promotion: Hosts who create their listing during the month of August 2024 will be eligible for one short-term reservation free of charge of our standard commission fee for hosts. This will not apply for rejected reservations.
2. Expiry of Promotional Offer: The promotional offer expires on the 1st of October 2024. This means that the promotional offer only applies to short-term reservations made before this date.

Payouts

1. Payment Schedule: Hosts will be paid out to their bank accounts in USD at monthly intervals at the end of the month.
2. Bank or currency conversion fees: Machuca Homes are not liable for any host bank or currency conversion fees.

Deposits and Deductions for Guests

1. Damage Charges: Machuca Homes reserves the right to charge for damages, theft, or breaches of policy by applying charges to the provided credit/debit card. Damage must be clear and obvious.
2. Timing of Charges: Charges may be applied upon check-out or later, with holds on payment cards released post-check-out.
3. Evidence of Damage: Owners must provide photographic evidence of damage or a reasonable explanation of lost items.
4. Inventory Clerk: Machuca Homes recommends hiring an inventory clerk to conduct inventory reports, and check-in and check-out reports to prevent deposit disputes.
5. Payment processing fee: Machuca Homes requires 3.25% to be added to the Host’s denominated deposit amount to cover for credit card authorization fees. This fee along with the deposit amount will be refunded in full if the property is cleared by the host/agent. If the deposit requires a deduction in the event of damages or lost items, 3.25% will be added to the USD amount captured for the deposit deduction. The remainder of the deposit will be returned in full, including the original card authorization fee.

Zero Tolerance Policy for Off-Platform Contact

1. Prohibited Contact: Hosts and guests are strictly prohibited from contacting each other outside the platform through any means until the reservation is confirmed. After which contact can be made it coordinate the reservation off the platform using Whatsapp, email or other means.
2. Profile Pictures and Biography: Users are not allowed to use first and last names or business names in their profile pictures or in the biography. This is to prevent off-platform contact.
3. Message Monitoring: Messages sent through our messenger service are monitored to ensure compliance.
4. Consequences of Infringement: Any violation of this policy may result in the immediate and indefinite removal of the property from the platform.

Limitation of Liability

1. Machuca Homes Liability: Our liability is limited to the total booking value, except in cases of negligence.
2. Legal status of reservations: All reservations are considered short term and Machuca Homes hold no legal responsibility for rental contracts and agreements between the guest and host. Hosts must have an independent rental contract or agreement in place for long term reservations and duly consider the laws in which the jurisdiction of their property lies.
3. Property and sales taxes: Machuca Homes is exempt from liability surrounding home owner property and sales taxes (IVA).
4. Indirect Losses: Machuca Homes is not liable for indirect losses or damages.
5. Force Majeure: Events beyond the control of Machuca Homes exempt liability.

By listing your property on Machuca Homes, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.