Host Service Agreement

United States & Mexico

openroom.travel | openroomgroup.com

This Service Agreement (the “Agreement”) governs the relationship between OpenRoom and any company, lodging establishment, or person (“the Host”) that creates an account on the Platform. The contracting OpenRoom entity depends on the location of the Host’s Property:

(a) If the Property is located outside Mexico, this Agreement is published byOPENROOM, LLC, a Florida limited liability company. (b) If the Property is located in Mexico, this Agreement is published byOPENROOM MEXICO, S.A. de C.V., a corporation organized under the laws of the United Mexican States.

All references to “OpenRoom” in this Agreement refer to the contracting entity determined by this Section. If the Host lists Properties in both jurisdictions, the Host enters into separate contractual relationships with each respective entity, each governed by the provisions applicable to such jurisdiction under this Agreement.

By creating an account on the Platform, the Host acknowledges that it has read, and understood and agrees to be bound by the terms of this Agreement. The effective date of this Agreement (the “Effective Date”) is the date on which the Host creates its account on the Platform.

OpenRoom and the Host may be referred to individually as a “Party” and collectively as the “Parties.”

SECTION 1 1. DEFINITIONS

“Platform”means the website, mobile application, and related technology services operated by OpenRoom where Properties are displayed and Bookings are facilitated.

“Property” or “Properties”means accommodations (real estate) listed by the Host on the Platform for booking by the Users.

“User” or “Users”means any person who creates an account on the Platform and/or reserves a Property through the Platform.

“Booking”means a confirmed and paid reservation made by a User and/or Users through the Platform for a Property.

“Commission”means the fee payable to OpenRoom for services rendered under this Agreement, as set forth in Section 14.

“Net Price”means the total amount paid by a User for a Property, less the applicable Commission, applicable taxes, and any other authorized deductions under this Agreement.

“OpenRooms”means Properties listed under the “OpenRooms” category on the Platform, offered on a same-day, last-minute basis at a discounted price set by the Host.

“Cancellation Tier”means one of five preset cancellation and refund policies offered by OpenRoom that the Host must select when creating a listing. The five tiers are defined in Exhibit A.

“Check-In Time”means the check-in time provided by the Host for the applicable Property; if not provided, 3:00 p.m. local time of the Property’s location applies as the default.

“OpenRoles”means an optional feature of the Platform that allows the Users to assign fun roles to members of a group trip and enter the OpenRoles Tournament. See Section 6A.

SECTION 2 2. NATURE OF THE RELATIONSHIP

2.1 Platform Services

OpenRoom operates a technology platform that facilitates bookings between the Hosts and the Users. OpenRoom does not own, manage, or operate any Property listed on the Platform by any Host.

2.2 No Partnership or Agency

The relationship created by this Agreement is not a partnership, joint venture, agency, franchise, or employment relationship. Neither Party has authority to bind or represent the other Party in any manner.

2.3 Host Control

Except for the rights expressly granted to OpenRoom under this Agreement, the Host retains all rights, title, and interest in and to its Properties, content, and business operations.

2.4 No Contracting Party to Lodging

The Host acknowledges that OpenRoom provides the Platform only and is not a party to any accommodation agreement between the Host and the Users.

SECTION 3 3. LISTING, PLATFORM USE, AND HOST OBLIGATIONS

3.1 Listings

The Host is responsible for creating a profile on the Platform and listing the Properties it wishes to offer. OpenRoom does not guarantee any number of Bookings.

3.2 Quality and Review Standards

OpenRoom may suspend or remove the Host’s listings if the Host’s average User review score is 3.0 or lower. Nevertheless, OpenRoom may contact the Host to discuss a possible solution instead of suspending or removing the Host’s listings.

Hosts also have the ability to rate Users after each stay through the Platform. The ratings provided by Hosts are displayed on each User's public profile. This system is intended to provide Hosts with greater visibility into a User's behavioral history and to strengthen the Platform's safety measures. OpenRoom may suspend or restrict a User's account if their average rating is 3.0 or lower.

3.3 Host Obligations

The Host shall:

Provide accurate, complete, and current information for each Property listed.

Ensure photographs accurately represent the current condition of the Property.

Promptly update availability calendars to prevent overbooking(s).

3.4 Host Data and Information Requirements

As part of creating and maintaining a Host account on the Platform, the Host is required to provide OpenRoom with the fiscal, legal, regulatory, and banking information required in the Platform. This information may include, without limitation, tax identification numbers, business licenses, short-term rental registration numbers, and bank account details for disbursements. OpenRoom may use this information to comply with its tax collection, reporting, and remittance obligations and any other regulatory requirements imposed by applicable federal, state, or local authorities. The Host shall promptly update this information if it changes and shall provide any additional documentation reasonably requested by OpenRoom within five (5) business days of such request. Failure to provide or maintain current information may result in suspension of the Host’s listings and/or withholding of disbursements until the required information is provided.

3.5 Listing Review

OpenRoom reviews all listings as part of its listing review process, including photographs, descriptions, pricing, and Cancellation Tier. OpenRoom has the final say on whether a listing is approved, modified, or rejected. OpenRoom may request changes to any aspect of a listing before or after it goes live on the Platform.

SECTION 4 4. TERM AND TERMINATION

4.1 Term

This Agreement begins on the Effective Date and continues until terminated under this Section.

4.2 Termination

Either Party may terminate this Agreement at any time, with immediate effect. Termination does not relieve either Party of its outstanding obligations, including but not limited to: (a) OpenRoom’s obligation to disburse any Net Price balance owed to the Host for confirmed Bookings; and (b) the Host’s obligation to honor all confirmed Bookings.

4.3 Removal of Listings

OpenRoom may remove any Property listing at any time, including but not limited to the following: (a) the listing violates Platform policies; (b) the Host fails to honor one or more confirmed Bookings; (c) the Host receives multiple User complaints; or (d) OpenRoom reasonably believes the listing is fraudulent or misleading.

SECTION 5 5. CANCELLATIONS, REFUNDS, AND DISPUTES

5.1 Cancellation Tiers

All Bookings under the OpenRooms category are final and non-refundable. For all other Bookings, refunds are processed in accordance with the Cancellation Tier selected by the Host at the time of creating a listing. The applicable Cancellation Tier is displayed to the Users on the listing page before booking. Cancellation deadlines are calculated using the local time of the Property’s location and the Check-In Time designated by the Host; if no Check-In Time is provided, 3:00 p.m. local time of the Property’s location applies.

5.2 How Users Cancel

The Users cancel reservations through the Platform. When a cancellation is processed, the Host receives an automatic notification through the Platform.

5.3 Property Condition Reports

Users have the ability to report through the Platform that a booked Property does not meet their expectations, among other things, by submitting photographs of the actual condition of the Property.

Upon receiving a Property Condition Report from a User, OpenRoom will review the report within forty-eight (48) hours, comparing the photographs and evidence submitted by the User against the photographs and descriptions published by the Host in the listing, and/or any information at OpenRooms disposal. OpenRoom will then notify the Host of the report and provide the Host with the User's evidence.

The Host will have forty-eight (48) hours from the receipt of OpenRoom's notification to respond, submit evidence, and offer an explanation.

After reviewing the evidence submitted by both parties, OpenRoom will issue a determination. If OpenRoom determines that the Host published inaccurate information and/or that the listing photographs do not reasonably represent the actual condition of the Property, OpenRoom may, at its sole discretion, issue a full or partial refund to the User and charge the corresponding amount to the Host.

The Host will have twenty-four (24) hours from the receipt of OpenRoom's determination to appeal the decision. If the Host files an appeal, OpenRoom will review the appeal and communicate its decision to the Host within forty-eight (48) hours of receiving the appeal. OpenRoom's decision on the appeal shall be final. If the Host does not file an appeal within the established period, OpenRoom's original determination becomes final.

Appeals will be reviewed and resolved by a member of the OpenRoom team other than the member who issued the original determination. In addition to resolving the appeal, this new team member will evaluate the manner in which the original case was handled and resolved. The purpose of this mechanism is to provide an efficient and expeditious process that also ensures the highest possible degree of impartiality and gives Hosts and Users the tools necessary to support their position.

Once the determination is final, OpenRoom shall determine, at its sole discretion, whether to deduct the corresponding amount from the Host's next scheduled disbursement or to require the Host to remit payment via wire transfer within five (5) business days of OpenRoom's request, which may be delivered via email, through the Platform, and/or by personal delivery.

5.4 User Issue Reports

Users have the option to report through the Platform any issues experienced during their stay that involve the Host or the Host's property or services, among other things.

Upon receiving a report from a User, OpenRoom will review the report and contact the Host within twenty-four (24) hours to communicate the User's complaints. OpenRoom will mediate between both parties to attempt to resolve the issue.

If the issue requires OpenRoom to take measures to resolve it — such as relocating the Users to another property, issuing a full or partial refund, extending the Users' stay at another property, covering transportation costs, or any other action reasonably necessary to resolve the situation — OpenRoom will analyze the available information and determine whether the issue is attributable to the Host. If OpenRoom determines that the issue is attributable to the Host, the Host shall assume all costs incurred by OpenRoom to resolve the issue.

5.5 Payment Hold Pending Investigation

If a report on a Host is submitted prior to a scheduled disbursement of funds to the Host, OpenRoom may withhold the disbursement until the matter is fully resolved. If OpenRoom determines that the Host is responsible, the withheld funds may not be released to the Host and may instead be used to issue a refund to the User and/or cover any amount owed to OpenRoom.

5.6 Dispute Cooperation and Costs

(a) Dispute Cooperation.In the event that OpenRoom receives a dispute or chargeback from a User, OpenRoom and the Host shall work together in good faith to resolve the dispute. The Host agrees to cooperate with OpenRoom by providing documentation, photos, communications, and other evidence within forty-eight (48) hours of OpenRoom’s request, which may be delivered via email, through the Platform, and/or by personal delivery.

(b) Dispute Costs — Host Fault.If, after review, OpenRoom determines that the dispute was caused by the Host’s actions or omissions (including but not limited to failure to honor a Booking, misrepresentation of the Property, or failure to provide services as advertised), OpenRoom may charge the Host for all costs incurred by OpenRoom in connection with the dispute, including but not limited to refunds issued to the User, chargeback fees, counter-dispute fees, payment processor fees, and any other amounts OpenRoom was required to pay to resolve the matter. OpenRoom shall determine, at its sole discretion, whether to deduct such amount from the Host’s next scheduled disbursement or to require the Host to remit payment via wire transfer within five (5) business days of OpenRoom’s request, which may be delivered via email, through the Platform, and/or by personal delivery.

(c) Dispute Costs — User Fault.If OpenRoom determines in good faith that the dispute was caused by the User’s actions (including but not limited to fraudulent disputes, buyer’s remorse, or unauthorized use of a payment method), the Host will not pay any dispute related costs.

(d) Dispute Costs — OpenRoom Fault.If attributable to OpenRoom (including but not limited to Platform errors, payment processing failures), OpenRoom shall assume all costs and provide the appropriate remedy.

(e) Dispute Costs — Shared Fault.If attributable to both Parties, the Parties shall share responsibility proportionally to fault as determined by OpenRoom in good faith.

(f) Determination of Fault.OpenRoom determines, in good faith and at its sole discretion, whether a dispute is attributable to the Host, the User, OpenRoom, or a combination thereof.

5.7 Appeal Process

If the Host remains unsatisfied with OpenRoom’s final determination regarding any decision and/or appeal presented by the Host, the Host may pursue resolution under Section 17 (Dispute Resolution) of this Agreement.

Determinations will be issued by a member of the OpenRoom team assigned to the case. OpenRoom may implement internal controls designed to promote impartiality in every decision, including periodic review of the determinations issued by its team.

Members of the OpenRoom team who fail to maintain the required standards of impartiality will be subject to corrective measures. OpenRoom is committed to continuously reviewing and improving these mechanisms to ensure that both Hosts and Users receive fair and equitable treatment.

SECTION 6 6. GUEST SERVICES; WAIVER OF LIABILITY

6.1 Host Responsible for Service

The Host is solely responsible for providing the accommodation services as displayed and offered on the Platform.

6.2 Host Release

The Host fully and irrevocably releases and waives claims against OpenRoom arising from or related to the Host’s services (or failure to provide services) to the Users.

SECTION 6A

6A. OPENROLES AND OPENROLES TOURNAMENT

6A.1 Overview

OpenRoles is an optional feature of the Platform that allows the Users to assign fun roles to members of a group trip, execute those roles during their stay, and enter the OpenRoles Tournament for a chance to win a prize.

6A.2 Host’s Protection

The OpenRoles Tournament provides the Host with an additional layer of protection. Because the Users must respect the Property in order to remain eligible for the Tournament prize, the Host benefits from a built-in incentive structure that encourages responsible behavior and helps safeguard the condition of the Property throughout each stay.

In this regard, in order to become eligible participants, all Users are required to adhere to three principles: (1) execute their role in a sustainable way; (2) execute their role in a safe way, never putting themselves or others in danger; and (3) always take care of the Property they are staying on.

OpenRoom may, at its sole discretion, request feedback from the Host regarding how a group treated a Property after participating in the OpenRoles Tournament. If the Host reports property damage or that the Property was left in an unacceptable condition, OpenRoom may disqualify the group from the OpenRoles Tournament. This determination is entirely at OpenRoom’s sole discretion.

6A.3 Liability Waiver for OpenRoles Activities

The Host fully and irrevocably releases and waives claims against OpenRoom arising from or related to any activities performed by the Users at the Host’s Property in connection with OpenRoles or the OpenRoles Tournament. OpenRoom does not organize, supervise, or control any activity performed by the Users. The Users participate at their own will. OpenRoom only offers suggested roles and activities. We clearly explain to the users that any dangerous and reckless behaviour will disqualify them automatically.

If the Host does not permit OpenRoles activities at its Property, the Host must indicate this restriction in the listing description and in the instructions provided to the Users through the Platform.

SECTION 7 7. PROPERTY DAMAGE

7.1 Reporting Property Damage

If the Users cause property damage during their stay, the Host may report the damage through the Platform’s Property Damage process described in this Section. OpenRoom will mediate in good faith but does not guarantee payment from the Users.

7.2 Property Damage Claim Process

If Users cause damage to the Host's Property during their stay:

The Host may first attempt to resolve the matter directly with the User.

If the matter cannot be resolved directly, the Host may report the damage by clicking the "Report Damage" button on the Platform within seven (7) business days of the User's checkout date.

The Host may provide evidence of the damage, including timestamped photos or videos and repair estimates or receipts.

Upon receiving a damage report, OpenRoom will review the claim within forty-eight (48) hours of receipt. OpenRoom will then contact the User, share the evidence submitted by the Host, and give the User forty-eight (48) hours to respond.

If the User disputes the claim, OpenRoom will mediate between both parties in good faith. After reviewing the evidence submitted by both parties, OpenRoom will issue a determination.

If OpenRoom determines that the damage is attributable to the User and the User refuses to pay, the following measures may be taken:

The User's account may be suspended.

OpenRoom may provide the Host with all available evidence, communications, and information related to the claim so that the Host may pursue the matter independently through the appropriate legal channels.

While OpenRoom currently does not offer a protection coverage fund, Hosts who experience property damage can contact OpenRoom athosts@openroomgroup.com, and OpenRoom may, on a case-by-case basis and at its sole discretion, explore ways to support the affected Host, which may include but are not limited to waiving OpenRoom's commission on future bookings or other forms of goodwill assistance. Any such support is voluntary, does not constitute an obligation, and shall not be construed as a binding commitment or precedent for future claims.

OpenRoom acts as a mediator in good faith. OpenRoom is not an insurance provider and does not currently offer a damage coverage fund. OpenRoom does not guarantee payment to the Host for property damage. The Host should maintain its own property insurance.

SECTION 8 8. PLATFORM “AS IS” DISCLAIMER

OpenRoom provides the Platform “AS IS” and “AS AVAILABLE,” without warranties of any kind, express or implied, including merchantability, fitness, non-infringement, accuracy, availability, and error-free operation.

OpenRoom does not warrant that the Platform will meet the Host’s requirements, be uninterrupted, or achieve any specific number of Bookings or results.

SECTION 9 9. INDEMNIFICATION

The Host shall indemnify, defend, and hold harmless OpenRoom and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to, but not limited to: (a) the Host’s operation of its Property; (b) the Host’s provision of services (or failure to provide services) to the Users; (c) any injury, death, or property damage occurring at the Host’s Property; (d) the Host’s violation of laws, regulation, or third-party rights; (e) the Host’s breach of this Agreement; and/or (f) any tax-related claims arising from the Host’s failure to properly account for tax obligations.

SECTION 10 10. LIMITATION OF LIABILITY

In no event shall OpenRoom be liable for any indirect, incidental, special, consequential, or punitive damages (including lost profits, lost revenue, lost bookings, or loss of goodwill), regardless of foreseeability.

10.1 Application by Jurisdiction.If the Property is located outside Mexico, this Section 10 applies in full. If the Property is located in Mexico, this Section 10 shall not apply, as Article 2110 of the Mexican Federal Civil Code (Código Civil Federal) renders limitation-of-liability clauses inapplicable to obligations arising from negligence or willful misconduct, and OpenRoom’s liability with respect to Properties located in Mexico shall be governed exclusively by applicable Mexican law.

SECTION 11 11. NON-EXCLUSIVITY

This Agreement is non-exclusive. The Host may list Properties on other platforms. OpenRoom may list other properties and accommodations without exclusivity obligations.

SECTION 12 12. TAXES

12.1 Tax Collection and Remittance

The specific taxes collected and remitted by OpenRoom on the Host’s behalf, and the taxes that remain the Host’s responsibility to collect and file independently, vary by jurisdiction. For a detailed explanation of the tax obligations applicable to each jurisdiction, the Host should refer to the tax guides published by OpenRoom on the Platform. If OpenRoom does not explicitly state that it collects and files specific taxes on the Host’s behalf in a given jurisdiction, the Host is solely responsible for its own tax obligations in that jurisdiction.

12.2 The Host’s Tax Obligations

Notwithstanding any taxes collected by OpenRoom, the Host remains solely responsible for: (a) any taxes or fees arising from the Host's own business operations, income, or activities outside of Bookings processed through the Platform; (b) any tax obligations in jurisdictions where OpenRoom does not collect and remit taxes on the Host's behalf; and (c) the accuracy of the information provided to OpenRoom for tax calculation purposes. Where OpenRoom collects and remits taxes on the Host's behalf, such calculations are based on the information provided by the Host. If such information is incorrect, the Host shall be liable to OpenRoom for all additional taxes, surcharges, penalties, and any other sanctions attributable to the error in the information provided.

12.3 Tax Filing Documentation

OpenRoom reserves the right to request from the Host, at any time, documentation demonstrating that the Host is properly filing and paying taxes related to its business operations and income derived from Bookings on the Platform. The Host shall provide such documentation within five (5) business days of OpenRoom’s request, which may be delivered via email, through the Platform, and/or by personal delivery. Failure to provide requested tax documentation may result in suspension of the Host’s listings and/or disbursements until the documentation is provided.

12.4 Tax Reports & Pre-filled taxes

OpenRoom may provide the Host with periodic tax reports and pre-filled tax information through its platform as a courtesy to assist with the Host's tax obligations. This information is generated based on the tax data available to OpenRoom at the time of creation and is provided for informational purposes only. OpenRoom does not update this information on an ongoing basis and does not guarantee that it reflects the most current tax rates, regulations, or requirements. This information does not constitute tax advice. OpenRoom does not assume any liability for the accuracy or completeness of such information. The Host is solely responsible for verifying the accuracy of all tax information, staying current with applicable tax laws, and for filing and paying taxes correctly. If the Host identifies any errors or discrepancies in a tax report provided by OpenRoom, the Host should notify OpenRoom promptly at hosts@openroomgroup.com.

SECTION 13 13. PAYMENT PROCESSING AND DISBURSEMENTS

13.1 Payment Collection

All User payments are collected through the Platform. All funds are received and then disbursed to the Host in accordance with this Agreement.

13.2 Funds Flow

The flow of funds is as follows: (1) the User pays; (2) OpenRoom deducts its Commission, applicable taxes, and any offsets; then (3) OpenRoom remits the Net Price to the Host 24 hours after the check-in, and the taxes that need to be paid by the Host.

13.3 Disbursement Frequency

OpenRoom will issue payouts to the Host twenty-four (24) hours after the check-in for each Booking. As OpenRoom grows, payout timelines may be expedited. If the Host requires an earlier payout for a specific Booking due to special circumstances, the Host may contact hosts@openroomgroup.com. OpenRoom will review such requests on a case-by-case basis and may expedite the payout at its sole discretion. This does not create a binding obligation.

13.4 Payment Methods

Disbursements are made to the Host’s connected bank account. The Host must complete the payment processing process outlined in the Platform and upload all of the information required by OpenRoom before receiving any payments and disbursements.

13.5 Final Payment on Termination

Upon termination of this Agreement, the Host shall be entitled to any remaining Net Price balance from confirmed Bookings, subject to any applicable payment held under this Agreement. OpenRoom may deduct earned Commission and authorized offsets before disbursement.

13.6 Obligation to Honor Confirmed Bookings

The Host must honor all confirmed Bookings processed through the Platform regardless of this Agreement’s termination.

13.7 Refund Authorization and Offsets

The Host authorizes OpenRoom (and/or the payment processor) to issue refunds, partial refunds, and/or reversals to the Users when required under the applicable Cancellation Tier, when required under any investigation or dispute resolution process set forth in this Agreement, and/or when necessary to resolve disputes or chargebacks. OpenRoom may deduct refunded amounts, dispute fees, counter-dispute fees, chargeback fees, and any other costs incurred in resolving a matter attributable to the Host from current or future disbursements to the Host.

SECTION 14 14. COMMISSION

14.1 Rate

OpenRoom charges the Host a Commission equal to fourteen percent (14%) of the price of each Property sold through the Platform, including cleaning fees. OpenRoom may review and adjust this rate in the future, always with the intention of lowering it to better support the Hosts as the Platform scales. OpenRoom will notify the Host in advance of any changes to the Commission rate.

14.2 Calculation Base

Commission is calculated on the Property price set by the Host, including cleaning fees and excluding taxes.

14.3 When Earned

Commission is earned when the User completes checkout and payment is successfully processed (i.e., a Booking is confirmed).

14.4 Invoices

OpenRoom shall issue the Host an invoice for each monthly disbursement (or other agreed frequency), consistent with applicable invoicing requirements.

14.5 Commission Treatment for Cancellations

(a)If a full refund of the Property price, including cleaning fees, is issued under an applicable Cancellation Tier: no Commission is due.

(b)If the Host retains any portion of the Property price, including cleaning fees, under the applicable Cancellation Tier: Commission is due on the amount retained.

(c)If the Host fails to honor a confirmed Booking: full Commission is due, and the Host shall reimburse OpenRoom for any User relocation costs or chargebacks attributable to the situation.

SECTION 15 15. INFORMATION TREATMENT AND PRIVACY

15.1 Information Collected

To create an account and enter into this Agreement, the Host shall provide the information required in the Platform, which may include, but is not limited to: legal business name, tax identification numbers, business address, contact information, bank details for disbursements, business license and registration numbers, and account credentials.

15.2 Data Protection

OpenRoom will implement technical and organizational safeguards (e.g., encryption in transit and at rest, access controls, regular security updates, and employee confidentiality obligations). Absolute security is not guaranteed.

15.3 Intellectual Property

Each Party retains its intellectual property. By providing content on or through the Platform, including but not limited to text, photographs, videos, descriptions, and any other materials (“Host Content”), the Host grants OpenRoom a non-exclusive, worldwide, royalty-free, perpetual, sublicensable, and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, and otherwise exploit such Host Content for the purpose of providing and promoting the Platform, in any media or platform, whether now known or hereafter developed. The Host represents and warrants that it owns or has obtained all necessary rights, licenses, and permissions to grant the foregoing license and that the Host Content does not infringe the intellectual property, privacy, or other rights of any third party.

15.4 Data Sharing

OpenRoom may share the Host’s information with payment processors, cloud providers, and legal authorities when required by law. OpenRoom will not sell the Host’s information for unrelated purposes.

15.5 Retention and Deletion

Upon termination, the Host may request deletion of its information subject to legal retention requirements and any pending disputes or obligations.

15.6 Privacy Notice (Mexico)

If the Property is located in Mexico, OpenRoom makes available to the Host a privacy notice (aviso de privacidad) under the terms of the Mexican Federal Law on the Protection of Personal Data Held by Private Parties (Ley Federal de Protección de Datos Personales en Posesión de los Particulares, or “LFPDPPP”) from the moment personal data is collected. Such privacy notice contains, at a minimum: the identity and address of the responsible party, the personal data subject to treatment, the purposes of the treatment (distinguishing between those that require consent and those that do not), the mechanisms for exercising ARCO rights, and the procedure for communicating changes to the privacy notice.

15.7 ARCO Rights (Mexico)

If the Property is located in Mexico, the Host, as the holder of personal data, has the right to access, rectify, cancel, or oppose the treatment of its personal data (ARCO rights) under the LFPDPPP. The Host may exercise these rights at any time in accordance with the procedure set forth in the OpenRoom privacy notice. OpenRoom shall respond to ARCO requests within the timeframes and on the terms established by applicable law.

SECTION 16 16. EFFECTIVE DATE; DURATION; SURVIVAL

16.1 The Effective Date is the date on which the Host creates its account on the Platform.

16.2 This Agreement continues until terminated under Section 4.

16.3 If the Property is located outside Mexico, the following Sections survive termination: 2, 5, 6, 6A, 7, 8, 9, 10, 11, 12, 13.5–13.7, 14.5, 15, 16, 17, and 18. If the Property is located in Mexico, the following Sections shall remain in force and shall be enforceable (continuarán vigentes y serán exigibles) following termination of this Agreement, for any cause: 2, 5, 6, 6A, 7, 8, 9, 11, 12, 13.5–13.7, 14.5, 15, 16, 17, and 18 (Section 10 not applying to Properties located in Mexico, as set forth in Section 10).

SECTION 17 17. DISPUTE RESOLUTION

17.1 Governing Law

If the Property is located outside Mexico, this Agreement is governed by the laws of the State of Florida, without regard to conflict of laws principles. If the Property is located in Mexico, this Agreement is of a commercial nature and shall be governed by the provisions of the Mexican Commercial Code (Código de Comercio), the applicable Mexican commercial laws, and, supplementarily, by the Mexican Federal Civil Code (Código Civil Federal).

17.2 Notice of Dispute

In the event of any dispute, claim, or controversy arising out of or relating to this Agreement or the relationship between the Parties (a “Dispute”), the Party raising the Dispute shall deliver written notice to the other Party describing the nature of the Dispute and the relief sought. Such notice may be delivered via email, through the Platform, and/or by personal delivery to the addresses designated in Section 19.

17.3 Good Faith Resolution Period

Upon receipt of a notice of Dispute under Section 17.2, the Parties shall have thirty (30) business days to attempt to resolve the Dispute informally and in good faith.

17.4 Arbitration

If the Dispute is not resolved within the thirty (30) business day period set forth in Section 17.3, the following arbitration provisions apply based on the location of the Property: (a) If the Property is located outside Mexico, either Party may submit the Dispute to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, to be conducted in Miami-Dade County, Florida. The arbitrator’s decision shall be final and binding on both Parties and enforceable in any court of competent jurisdiction. (b) If the Property is located in Mexico, any remaining Dispute shall be resolved through binding arbitration to be conducted in Mexico City, in accordance with applicable Mexican commercial arbitration law. The arbitral institution shall be agreed upon by the Parties prior to commencement of the proceeding. The arbitrator’s decision shall be final and binding on both Parties and enforceable in any court of competent jurisdiction.

17.5 Small Claims Exception

If the Property is located outside Mexico, notwithstanding the foregoing, either Party may bring an action in small claims court if the Dispute falls within the jurisdictional limits of such court. This exception does not apply to Disputes concerning Properties located in Mexico.

SECTION 18 18. GENERAL PROVISIONS

18.1 Severability

If the Property is located outside Mexico, if a provision is invalid or unenforceable, the remaining provisions remain in effect. If the Property is located in Mexico, in accordance with Article 2238 of the Mexican Federal Civil Code (Código Civil Federal), if any clause or provision of this Agreement is declared null, invalid, or unenforceable by a competent authority, such nullity, invalidity, or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect, provided that they may legally subsist separately.

SECTION 19 19. NOTICES

All notices required under this Agreement shall be delivered through these channels accordingly:

Email address for OpenRoom:hosts@openroomgroup.com.

Address for OpenRoom (USA):7901 4th St N STE 300, St. Petersburg, FL 33702 (for Properties located outside Mexico).

Address for OpenRoom (Mexico):Avenida Altavista 17, Colonia San Ángel, Alcaldía Álvaro Obregón, Postal Code 01000, Mexico City, Mexico (for Properties located in Mexico).

Email address for the Host:Any email address provided by the Host during account creation, in any documentation submitted to the Platform, and/or associated with any Property listed on the Platform.

Address for the Host:Any address provided by the Host during account creation, in any documentation submitted to the Platform, and/or associated with any Property listed on the Platform.

EXHIBIT A

Cancellation Tiers

The Host must select one of the five standard Cancellation Tiers below when creating each listing. The selected tier will be displayed to the Users on the listing page.

All cancellation deadlines are calculated using the local time of the Property’s location and the Check-In Time designated by the Host. If no Check-In Time is provided, 3:00 p.m. local time of the Property’s location applies.

No Refunds

No refunds under any circumstances. No-shows are never refunded.

Very Strict

Cancel up to 7 days prior to check-in for a full refund. After that, no refund. No-shows are never refunded.

Strict

Cancel up to 4 days prior to check-in for a full refund. After that, no refund. No-shows are never refunded.

Moderate

Cancel up to 48 hours prior to check-in for a full refund. After that, no refund. No-shows are never refunded.

Relaxed

Cancel up to 12 hours prior to check-in for a full refund. After that, no refund. No-shows are never refunded.

OpenRooms — Non-Refundable (Applied Automatically)

All OpenRooms Bookings are automatically Non-Refundable regardless of any tier selection. No cancellations and no refunds are permitted once an OpenRooms Booking is confirmed. This policy is displayed to the Users at the time of booking.

HOST SERVICE AGREEMENT