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Draft — pending attorney review

This document has not yet been reviewed by a lawyer. We publish it so it can be read and corrected. If anything here conflicts with what you were shown at the moment you booked or paid, what you were shown then is what stands.

Version 2026-08-06

Terms of Service

Effective on acceptance. Last updated 6 August 2026.

1. Who we are and what this is

Rent La Ventana (“Rent La Ventana,” “we,” “us”) is based in San Diego, California, United States. We operate an online marketplace (the “Platform”) that connects people who want to rent homes, experiences, gear, and other listings (“Guests”) with the owners and providers who offer them (“Owners”). By creating an account or using the Platform, you agree to these Terms of Service (“Terms”). If you do not agree, do not use the Platform.

The listings themselves are in La Ventana and El Sargento, Baja California Sur, Mexico, and the Owners are independent of us. We are a marketplace FOR that town; we are not a business located in it. Which country each side sits in is not a detail here — it decides who is the merchant, whose taxes are whose, and which law governs what.

2. Our role — we are a venue, not a party to your booking

Rent La Ventana is a technology platform only. For listings offered by independent Owners, the rental or service agreement is formed directly between the Guest and the Owner. We are not a party to that agreement, we do not own, operate, manage, or inspect those listings, and we are not a real-estate broker, travel agency, insurer, or property manager for them. We provide the tools to discover listings, communicate, book, and pay — nothing more.

Because of this, the Owner — not Rent La Ventana — is responsible for their listing, their property, and their guests, and for resolving issues that arise from a stay or service.

Exception — Rent La Ventana Managed (“Seasonal”) listings. A limited set of listings marked “Seasonal” or “Managed” are properties Rent La Ventana manages on the Owner’s behalf under a separate management agreement. For those specific listings only, we take a more active role (for example, coordinating the lease and holding a security deposit). Those listings are governed by their own lease and management terms in addition to these Terms.

⚑ Lawyer review

Two of the three are now settled and stated above: the name is Rent La Ventana and it is based in San Diego, California, USA (confirmed by Diana, 2026-08-18). STILL OPEN is the legal FORM — FBN / sole proprietor now, LLC later — which is deliberately not written into these Terms rather than guessed at. Once it is decided, name it here and make it consistent everywhere, including in Stripe and in marketing: the strength of the “we are only a venue” position depends on that consistency.

3. Eligibility and accounts

  • You must be at least 18 years old and able to form a binding contract.
  • You are responsible for the accuracy of your account information and for keeping your login secure.
  • You are responsible for all activity under your account.

4. Payments

Payments are processed by Stripe using Stripe Connect. When a Guest pays, the charge is made directly on the Owner’s connected Stripe account — the Owner is the merchant of record. Rent La Ventana collects only a platform service fee (an “application fee”) and does not take custody of the rental funds or route them through its own account.

  • Platform service fee: Rent La Ventana charges a service fee of [8%] on each booking, retained as the application fee.
  • Payment processing fee: Stripe’s processing fee (approximately 2.9% + $0.30) is added to the Guest’s total at checkout, so the Owner receives the full listed price and the platform retains its full service fee.
  • Owner payouts and taxes: Funds settle to the Owner’s Stripe account. Owners are solely responsible for their own taxes, permits, and legal compliance in the jurisdiction where the property or service is located. Rent La Ventana does not withhold or remit taxes on an Owner’s behalf.
  • Currency: Prices are shown and charged in [USD] unless otherwise stated.

Enforced in lib/checkout.ts · lib/fees.ts

⚑ Lawyer review

Confirm the service-fee percentage, whether it is ever refundable (see the Refund Policy), and the tax language with your accountant/lawyer — this is the clause that supports the “owner is the taxpayer, not us” structure your accountant approved.

5. Booking process (request to book)

Bookings use a request-to-book flow: the Guest submits a request, the Owner approves it, and the Guest then completes payment. A booking is only confirmed once payment succeeds. Owners are expected to honor confirmed bookings; Guests are expected to honor the Owner’s house rules and the booking terms shown at checkout.

6. Owner responsibilities

  • Have the legal right to list and rent the property or offer the service, including any required permits, licenses, HOA/condo permissions, and insurance.
  • Provide accurate listings, photos, pricing, availability, and house rules, and keep them current.
  • Comply with all applicable local, state, and national laws, including tax, safety, and short-term-rental regulations.
  • Respond to booking requests and Guest messages promptly and honor confirmed bookings.
  • Handle Guest issues, damages, and refunds for your own listings in good faith (see the Refund & Dispute Policy).

7. Guest responsibilities

  • Provide accurate information and use listings responsibly and lawfully.
  • Follow the Owner’s house rules and the booking terms.
  • Be responsible for damage you or your party cause; the Owner may seek reimbursement or retain a deposit per the listing terms.

8. Reviews

Reviews are governed by the separate Reviews Policy, which forms part of these Terms.

9. Prohibited conduct

You agree not to: circumvent the Platform to avoid fees once introduced through it; post false, misleading, infringing, or unlawful content; harass or discriminate; scrape or misuse the Platform or its data; or use the Platform for any illegal purpose.

⚑ Lawyer review

Anti-circumvention (owners taking bookings off-platform to dodge the fee) is worth a carefully drafted clause — it is common in marketplaces but must be reasonable and enforceable in your jurisdiction.

10. Disclaimers

The Platform and all listings are provided “as is” and “as available.” Rent La Ventana does not warrant the accuracy of listings, the condition, safety, or legality of any property or service, or the conduct of any Owner or Guest. To the fullest extent permitted by law, we disclaim all warranties, express or implied.

11. Limitation of liability

To the fullest extent permitted by law, Rent La Ventana is not liable for indirect, incidental, or consequential damages, or for the acts or omissions of Owners or Guests. Our total liability arising from your use of the Platform will not exceed the total service fees you paid to Rent La Ventana in the [three] months before the event giving rise to the claim, or [US$100], whichever is greater.

⚑ Lawyer review

The liability cap, and whether it is enforceable against consumers in the relevant jurisdictions, is a core clause your lawyer must set. Mexican and US consumer-protection rules may limit how far this can go.

12. Indemnification

You agree to indemnify and hold Rent La Ventana harmless from claims arising out of your listings, your bookings, your conduct, or your breach of these Terms, to the extent permitted by law.

13. Disputes between users

Disputes about a stay or service are between the Guest and the Owner. Rent La Ventana may, at its discretion, help the parties communicate or reach a resolution as a good-faith facilitator, but we do not adjudicate disputes, guarantee any outcome, or act as an arbiter or insurer. See the Refund & Dispute Policy.

14. Intellectual property

The Platform, its design, and its content are owned by Rent La Ventana or its licensors. Owners grant Rent La Ventana a license to display their listing content (text and images) to operate and promote the Platform. You represent that you own or have rights to any content you upload.

15. Governing law and dispute resolution (platform)

These Terms are governed by the laws of [California, USA], without regard to conflict-of-laws rules. [Specify how disputes with Rent La Ventana are resolved — e.g., courts of [county], or arbitration.]

⚑ Lawyer review

Governing law is genuinely complex here: your platform entity is in the US, but the rentals and property are in Mexico and guests may be international. Your lawyer needs to set the governing-law and venue clauses for (a) disputes with the platform and (b) the guest–owner rental itself, which may fall under Mexican law regardless of what these Terms say.

16. Changes and contact

We may update these Terms; material changes will be posted with a new “last updated” date. Continued use means acceptance. Questions: diana@rentlaventana.com.

Something here not making sense, or not matching what happened to you? Tell us. While this is a draft, that is especially worth doing.