Terms and Conditions

1. Who we are — Platform operator

The Platform is operated by Angélica Peña and Gabriel Pérez, co-owners of apartment 412 at the Miró Guadalupe building, in Cali, Valle del Cauca, Colombia (the “Operator”). Contact: apto412.miroguadalupe@gmail.com.

The Platform is a private, independent owners' initiative created to promote short-stay apartments located in the Miró Guadalupe building and to digitize operational coordination with the building's reception.

2. Independence — no affiliation with the developer or the building administration

The Platform is NOT an official channel of the Miró Guadalupe building as a legal entity, and is NOT affiliated with, sponsored, endorsed, or operated by JM Inmobiliaria S.A.S. (the building's developer) or by the building's homeowners' administration.

The name “Miró Guadalupe” is used on the Platform descriptively, to identify the actual location of the listed apartments, which are inside the Miró Guadalupe building at Cra. 57 #2-01, Cuarto de Legua, Cali.

Third-party trademarks, names, and logos that may be mentioned (Airbnb, Booking.com, Vrbo, among others) belong to their respective owners and are used for reference only.

3. Nature of the service — intermediation, not lodging

The Platform is a promotion and coordination channel. The Operator is not a travel agency, a hotel, or the landlord of third-party apartments listed on the Platform.

Every lodging contract is entered into directly between the apartment owner (the “Owner”) and the guest (the “Guest”). The Operator is not a party to that contract, except when acting as Owner of its own unit.

Bookings initiated through the Platform are completed through the channels indicated in each listing (OTA platforms such as Airbnb, Booking.com or Vrbo, or direct contact via WhatsApp). The Platform does not process Guest payments at this stage.

4. Terms for Owners

Listing apartments on the Platform is free of charge (no sign-up fee, no monthly fee).

The Platform charges no commission on bookings originated on OTA platforms (Airbnb, Booking.com, Vrbo, or others).

For each confirmed direct booking — meaning one originated through the Platform or its associated channels and completed between Owner and Guest — the Owner shall pay the Operator a commission of five percent (5%) of the total lodging price, excluding deposits and optional services. The Guest pays the Owner directly; the Operator invoices the commission to the Owner on a monthly cycle.

The Owner represents and warrants that: (a) they own the listed unit or hold the titleholder's authorization; (b) they hold a valid National Tourism Registry (RNT) for the unit, as required by Law 300 of 1996 and related regulations; (c) short-term rental of the unit is allowed by the building's horizontal property bylaws; (d) the information and photographs provided are truthful and theirs; and (e) they obtained their Guests' consent for the processing of personal data shared with the Platform for reception coordination (Law 1581 of 2012).

The Owner grants the Operator a non-exclusive, free, revocable license to use their listing texts and photographs solely to promote the listing on the Platform and associated marketing channels.

The Operator may remove or suspend listings that breach these Terms, contain false information, or create legal risk, with notice to the Owner.

5. Terms for Guests and site visitors

Platform content is informational and promotional. The final conditions of each booking (price, dates, cancellation policy, deposits) are those agreed between Guest and Owner or those published on the OTA where the booking is completed.

Guests are responsible for the accuracy of the data they provide for registration with the building's reception, and for complying with the building's internal rules and the apartment's house rules.

Use of the building's common areas (pool, jacuzzi, gym, coworking, terrace, BBQ) is subject to the homeowners' association rules and the instructions of the administration and reception; their availability is not guaranteed by the Operator.

6. Personal data (Colombian Law 1581 of 2012)

The processing of personal data collected through the Platform (including Guest data for identity verification and reception coordination) is governed by the Personal Data Processing Policy available on the Platform, and by Law 1581 of 2012 and Decree 1377 of 2013.

Data subjects may exercise their rights of access, rectification, deletion, and complaint by writing to apto412.miroguadalupe@gmail.com.

Data of Colombian Guests is kept for a maximum of six (6) months after check-out; data of foreign Guests is kept for five (5) years due to migration and tax obligations.

7. Intellectual property

The Platform's design, code, original texts, and content compilation belong to the Operator. Each listing's photographs and texts belong to the corresponding Owner.

Reproducing, mass-extracting (scraping), or commercially reusing Platform content without the Operator's written authorization is not permitted.

8. Limitation of liability

The Operator is not liable for: (a) performance of lodging contracts between Owners and Guests; (b) the accuracy of information published by Owners; (c) damages or losses occurring during a stay; (d) availability of the building's common areas or services; or (e) technical interruptions of the Platform.

Nothing in these Terms limits liabilities that cannot be excluded under Colombian law, including consumer protection rules (Law 1480 of 2011) where applicable.

9. Service availability

The Platform is provided “as is”. The Operator strives to keep it available and secure but does not guarantee uninterrupted availability and may modify, suspend, or discontinue it at any time.

10. Changes to these Terms

The Operator may modify these Terms at any time. The current version will always be published on the Platform with its update date. For Owners, changes affecting the commission or substantial obligations will be notified to the registered email at least fifteen (15) calendar days in advance.

11. Termination

Owners may request removal of their listing at any time by writing to the contact email; removal does not waive commissions accrued on already confirmed direct bookings.

12. Governing law and jurisdiction

These Terms are governed by the laws of the Republic of Colombia. Any dispute shall be submitted to the competent courts of Cali, Valle del Cauca, without prejudice to consumer protection mechanisms before the Superintendence of Industry and Commerce (SIC).

13. Language

These Terms are published in Spanish and English. In case of discrepancy, the Spanish version prevails.