Terms of Service

Last Updated: February 2026

1. Platform Role — Marketplace Facilitator

Chacahua.com ("the Platform," "we," "us") is a marketplace that connects travelers ("Guests") with independent accommodation providers, restaurants, and activity operators ("Hosts") in Chacahua, Oaxaca, Mexico. We are NOT a party to any contract between Guest and Host. We do not provide accommodation, food, or tour services. We are not a hotel operator, restaurant, travel agency, or tour provider. Our role is limited to: - Displaying listing information provided by Hosts - Facilitating online booking and payment processing (for Featured tier listings) - Providing a communication platform between Guests and Hosts The actual service contract is between the Guest and the Host directly.

2. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: - Our total liability to any user is limited to the fees we collected in connection with the specific transaction giving rise to the claim (i.e., our commission, not the booking value). - We are NOT liable for: property damage, personal injury, illness, theft, service quality, accuracy of listing descriptions, Host behavior, or any other matter arising from the Guest-Host relationship. - We exclude all consequential, incidental, indirect, special, and punitive damages. - Listings are provided on an "AS IS" basis without warranty of any kind.

3. Indemnification

Both Guests and Hosts agree to indemnify, defend, and hold harmless Chacahua.com, its owners, operators, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: - Their use of the Platform - Their interaction with other users - Breach of these Terms - Violation of any applicable law - Any dispute between Guest and Host regarding services rendered

4. Booking and Payment Terms

For Featured Tier Listings (Online Booking): - Payments are processed through Stripe Connect. Chacahua.com is not a payment facilitator — Stripe, Inc. handles all payment processing, PCI compliance, and financial regulatory requirements. - An 8% platform commission ("application fee") is deducted from each booking. - Payment is held until 24 hours after the Guest's scheduled check-in date. - The remaining amount is transferred to the Host's connected Stripe account. For Basic and Enhanced Tier Listings: - Payment is arranged directly between Guest and Host. - Chacahua.com has no involvement in and accepts no liability for direct payments.

5. Cancellation and Refund Policy

Standard Cancellation Policy: - 7+ days before check-in: Full refund - 3-7 days before check-in: 50% refund - Less than 3 days before check-in: No refund PROFECO Compliance (Mexican Consumer Protection): In accordance with Mexico's Federal Consumer Protection Law (Ley Federal de Protección al Consumidor), consumers who purchase services online have the right to cancel without penalty within 5 business days of the transaction date, provided the service has not yet been rendered. This right cannot be waived. Chargebacks: If a Guest disputes a charge with their bank (chargeback), the Platform will cooperate with the investigation. Fraudulent chargeback claims may result in account suspension.

6. Host Obligations

Hosts who list on Chacahua.com agree to: - Provide accurate, current, and complete listing information - Be solely responsible for the condition, safety, and legality of their property and services - Handle all disputes about their property or services directly with the Guest - Maintain appropriate insurance for their business operations - Comply with all applicable local, state, and federal laws and regulations - Indemnify the Platform against claims arising from their services Hosts acknowledge that Chacahua.com does not verify, inspect, or guarantee any listing.

7. Guest Obligations

Guests who use Chacahua.com agree to: - Provide accurate booking information - Communicate directly with Hosts regarding specific requirements - Treat Host properties with respect - Comply with Host rules and local regulations - Understand that Chacahua is a remote village with limited infrastructure (no ATM, limited electricity, limited cell service) - Accept that service standards may differ from urban tourism destinations

8. Intellectual Property

All content on Chacahua.com (text, design, code, images created by us) is owned by Chacahua.com. Listing content (descriptions, photos) provided by Hosts remains the property of the respective Hosts, who grant us a non-exclusive license to display it on the Platform.

9. Dispute Resolution

Any disputes arising from these Terms shall be governed by the laws of Mexico. For disputes involving Mexican consumers, the jurisdiction of PROFECO (Procuraduría Federal del Consumidor) is recognized. For all other disputes, the parties agree to submit to the jurisdiction of the competent courts in Oaxaca de Juárez, Oaxaca, Mexico.

10. Modifications

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last Updated" date. Continued use of the Platform after changes constitutes acceptance of the modified Terms.

11. Contact

For questions about these Terms, contact us at: hello@chacahua.com

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