By accessing and placing an order with OPENROOM, LLC (“OpenRoom”), you confirm that you are in agreement with and bound by these Terms of Service (“Terms”). These Terms apply to the entire website, mobile application, and any email or other type of communication between you and OpenRoom.
Last updated: May 2026
1. ACCEPTANCE OF TERMS
By accessing and placing an order with OPENROOM, LLC (“OpenRoom”), you confirm that you are in agreement with and bound by these Terms of Service (“Terms”). These Terms apply to the entire website, mobile application, and any email or other type of communication between you and OpenRoom.
These Terms constitute a legally binding agreement between you and OPENROOM, LLC (“OpenRoom,” “Company,” “we,” “us,” or “our”), a Florida limited liability company, and where applicable, OPENROOM MEXICO, S.A. de C.V., a company organized under the laws of Mexico. References to “OpenRoom,” “Company,” “we,” “us,” or “our” in these Terms refer to the applicable entity as determined by Section 15.1 of these Terms.
If you do not agree to these Terms, please do not use the Service. In these Terms, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms, we reserve the right to cancel your account or block access to your account without notice.
IMPORTANT: These Terms govern your use of the Platform only. The accommodation services are provided by independent hosts and property owners (“Hosts”), not by OpenRoom. OpenRoom is a technology platform that facilitates bookings; we are not a host, lodging provider, accommodation property, or party to any agreement between you and the Hosts.
2. DEFINITIONS AND KEY TERMS
To help explain things as clearly as possible, every time any of these terms are referenced, they are strictly defined as:
Booking: A confirmed and paid reservation made by a User through the Platform for accommodations at a Property.
Cookie: A small amount of data generated by a website and saved by your web browser, used to identify your browser, provide analytics, and remember information about you.
Company: When these Terms mention “Company,” “we,” “us,” or “our,” it refers to OPENROOM, LLC, a Florida limited liability company, and where applicable, OPENROOM MEXICO, S.A. de C.V., a company organized under the laws of Mexico, as determined by Section 15.1 of these Terms.
Device: Any internet-connected device such as a phone, tablet, computer, or any other device that can be used to visit OpenRoom and use the services.
Host: An independent individual, company, or property manager that lists accommodations on the Platform.
Installment Payment: A payment made through a buy now, pay later service (such as Klarna) or through an installment plan (such as meses sin intereses in Mexico), where the User splits the total purchase into multiple payments over time. See Section 7.8.
OpenRooms: Rooms offered on a same-day, last-minute basis through the Platform’s “OpenRooms”. These are time-sensitive, discounted nights made available by Hosts for immediate booking. OpenRooms Bookings are non-refundable and non-cancellable once confirmed. See Section 8.1.
OpenRoles: A feature of the Platform that allows Users to assign fun roles to members of a group trip, execute those roles during the trip, upload photo proof, and enter a periodic contest (the “OpenRoles Tournament”) for a chance to win a prize. See Section 9A.
OpenRoles Tournament: A periodic contest in which participating groups compete for a chance to win a prize. Prize amounts and structure are set and announced by OpenRoom for each tournament cycle and may vary. See Section 9A.
Organizer (Admin): The User who initiates a group booking through the Split the Bill feature and has administrative control over the trip.
Platform: The OpenRoom website, mobile application, and related technology services.
Processing Fee: A non-refundable fee of 4% charged to the User at checkout as a separate line item to cover payment processing costs. The Processing Fee is calculated on the total amount of the booking, including taxes. See Section 7.4.
Property: Any accommodation listed on the Platform, including but not limited to houses, apartments, villas, hotel rooms, cabins, and any other type of lodging.
Referral Program: A program through which Users can invite others to join OpenRoom and earn travel credits, discount codes, or other rewards. See Section 9E.
Service: The services provided by OpenRoom as described in these Terms and on the Platform.
Third-Party Service: Refers to payment processors, Hosts, and others who provide content or services through or in connection with the Platform.
Trip Chat: The in-platform messaging feature that allows Users within a group booking to send messages, share photos, and coordinate trip logistics, and that allows Users and Hosts to communicate regarding bookings. See Section 9C.
User or You: A person or entity that is registered with OpenRoom to use the Services.
User Content: Any content uploaded, posted, or transmitted by Users through the Platform, including but not limited to messages, photos, images, videos, reviews, and any other materials. See Section 9B.
User Profile: A personal page on the Platform where Users may display trip photos, videos, and a map of destinations visited. See Section 9F.
3. ELIGIBILITY
You must be at least eighteen (18) years of age to use the Platform or make a Booking. By using the Platform, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. The Platform is available worldwide. Users are responsible for ensuring their use complies with local laws in their jurisdiction.
Certain activities suggested through the OpenRoles feature may involve the consumption of alcohol. Users acknowledge that the legal drinking age varies by jurisdiction. Users are solely responsible for knowing and complying with the legal drinking age and all alcohol-related laws in their jurisdiction. OpenRoom does not sell, serve, or furnish alcohol.
4. LICENSE TO USE PLATFORM
When you create an account, OpenRoom grants you a revocable, non-exclusive, non-transferable, limited license to access and use the Platform strictly in accordance with these Terms. You agree not to, and you will not permit others to:
License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Platform or make the Platform available to any third party;
Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the Platform;
Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of OpenRoom or its affiliates, partners, suppliers, or licensors.
5. ACCOUNT REGISTRATION
5.1 Account Required
You must create an account to make bookings on the Platform. You may register using email and password, or through third-party login services (Google, or other services offered on the Platform).
5.2 Account Responsibilities
You are responsible for: providing accurate and complete registration information; maintaining the confidentiality of your login credentials; all activities that occur under your account; and notifying us immediately of any unauthorized access.
5.3 One Account Per Person
You may only maintain one active account. OpenRoom reserves the right to terminate duplicate accounts.
5.4 Booking on Behalf of Others
If you make a booking for another person, you represent that you have authority to act on their behalf and that the guest agrees to be bound by these Terms. You remain fully responsible for the Booking, including payment and compliance with these Terms, regardless of who stays at the Property.
6. HOW BOOKINGS WORK
6.1 Booking Confirmation
A Booking is confirmed when payment is successfully processed. Upon confirmation and receipt of your payment, you will receive an email confirmation with your booking details.
Booking Hold Windows: The following internal hold periods apply to prevent double-booking. Dates are held internally only — they are not confirmed on any external calendar or PMS until full payment is received:
Split the Bill (group booking): Once a group booking is initiated, all participants collectively have 24 hours to complete their individual payments. If full payment is not received within 24 hours, the hold is released, the payment is not processed, and the booking is canceled.
OpenRooms Bookings: OpenRooms nights are available on a same-day, first-come-first-served basis.
6.2 Split the Bill — Pre-Authorization Hold
For Split the Bill (group) bookings, instead of charging each participant immediately, OpenRoom may place a pre-authorization hold on each participant’s payment method. The hold blocks the funds but does not charge until all participants have confirmed. Once all holds are confirmed, OpenRoom captures all charges simultaneously and the booking is confirmed. If the hold window expires and not all participants have confirmed, all holds are released — no charge occurs, and no refund is needed.
6.3 Split the Bill — Individual Payment Confirmation
Each participant in a Split the Bill booking must individually confirm their payment by checking a box that reads: “I confirm I am paying $XX.XX for my share of a booking at [Property Name] in [City] on [Dates]. I understand this charge will appear on my bank statement as OPENROOM *[DESTINATION].”
6.4 Binding Reservation
A Booking is only binding once payment has been successfully approved by the payment processor.
6.5 Booking Timing
There is no minimum time required between making a booking and check-in. However, you are responsible for ensuring you can arrive during the Property’s check-in hours as displayed on the listing.
6.6 Platform Role
OpenRoom facilitates the Booking as the Merchant of Record and processes all payments on behalf of Hosts. The actual accommodation is provided by the Host. Any issues with the accommodation itself must be resolved with the Host directly, though OpenRoom will assist where possible.
7. PAYMENT TERMS
7.1 Merchant of Record
OpenRoom acts as the Merchant of Record for all transactions on the Platform. This means OpenRoom collects payment from you on behalf of Hosts and remits the applicable amounts to Hosts after deducting its Commission. By making a payment on the Platform, you are paying OpenRoom as the authorized collection agent for the Host.
7.2 Payment Timing
Full payment is charged at the time of booking confirmation. No reservation is held or confirmed without successful payment.
7.3 Currency
Prices on the Platform are displayed and charged in United States Dollars (USD) or Mexican Pesos (MXN). If your payment method uses a different currency, your bank or card issuer will convert the charge at their applicable exchange rate. OpenRoom is not responsible for currency conversion fees.
7.4 Total Price and Processing Fee
The total price you pay includes the room rate and cleaning fees (as set by the Host), all applicable taxes (sales tax, VAT (IVA), lodging tax, tourist development tax, ISH, etc.), and a Processing Fee of 4% charged as a separate line item at checkout. The Processing Fee is calculated on the total amount of the booking, including taxes.
The Processing Fee covers payment processing costs incurred by OpenRoom. The Processing Fee is non-refundable under any circumstance, except at OpenRoom’s sole discretion. In the event of a refund, the refund amount is calculated on the booking subtotal (the price the Host sets). Taxes are refunded in proportion to the refundable subtotal. The Processing Fee is excluded from all refund calculations.
OpenRoom does not charge any additional service fees, booking fees, or platform fees to Users beyond the Processing Fee.
Users acknowledge that certain states, jurisdictions, or countries may not permit the refund of taxes once collected and remitted to the applicable tax authority. In such cases, taxes paid on a canceled or refunded booking may not be refundable, regardless of the cancellation tier or refund amount. In this case, the user can ask for a tax refund with the applicable tax authority.
7.5 Payment Processing
Payments are processed securely through OpenRoom’s payment infrastructure. OpenRoom uses third-party payment processors to handle transactions. By making a payment, you agree to the applicable payment processor’s terms of service. OpenRoom does not store your payment information.
7.6 Payment Disputes — Internal Resolution First
If you have a question or concern about a charge, please contact us first at contact@openroomgroup.com. We are committed to assisting you as quickly as possible!
OpenRoom provides in-platform tools for Users to report problems with their stay, upload evidence, and request refunds. Users should contact contact@openroomgroup.com or use the Platform’s dispute tools before initiating a dispute with their bank.
For chargebacks or disputes filed with your bank, OpenRoom will be notified and will respond with relevant booking information.
7.7 Third-Party Fees
You are responsible for any third-party fees you may incur when using the Service, including currency conversion fees charged by your bank.
7.8 Installment Payments (Buy Now, Pay Later / Meses Sin Intereses)
OpenRoom may offer Users the option to pay for Bookings in installments through third-party buy now, pay later services (such as Klarna) or through installment plans offered by participating credit card issuers (such as meses sin intereses in Mexico). Availability of installment payment options depends on the User’s location, payment method, card issuer, and transaction amount. OpenRoom does not guarantee the availability of installment payments for any particular transaction.
By selecting an installment payment option, you agree to the terms and conditions of the applicable third-party provider or card issuer. OpenRoom is not a party to any agreement between you and the installment payment provider.
If you make a Booking using an installment payment option and subsequently cancel within the applicable Cancellation Tier, you are entitled to a refund of the booking subtotal and proportional taxes, subject to the same refund rules that apply to all other Bookings. The Processing Fee (4%) remains non-refundable under any circumstance, except at OpenRoom’s sole discretion.
OpenRoom is not responsible for any fees, interest, or charges imposed by the installment payment provider or card issuer, including but not limited to late payment fees, interest charges, or penalties for missed installments.
8. CANCELLATION AND REFUND POLICY
THIS IS IMPORTANT — PLEASE READ CAREFULLY.
OpenRoom offers two types of bookings: OpenRooms and standard bookings. The cancellation and refund rules differ by type and are displayed clearly before you book.
8.1 OpenRooms — No Cancellations, No Refunds
ALL BOOKINGS UNDER THE OPENROOMS CATEGORY ARE FINAL AND NON-REFUNDABLE.
OpenRooms are same-day, last-minute nights offered at discounted prices. Because these nights are time-sensitive and released by Hosts specifically for immediate booking, once an OpenRooms Booking is confirmed and payment is processed, it cannot be canceled and no refund will be issued under any circumstance, except as provided in Section 8.4 (Limited Exceptions).
8.2 Standard Bookings — Cancellation Tiers
For standard bookings, each Host selects one of five Cancellation Tiers when creating their listing. The applicable tier is displayed on the listing page before you book.
Refund Amount; Taxes; Processing Fees. Refunds (if any) are calculated on the booking subtotal (nightly rate plus any mandatory accommodation fees). Taxes are refunded only in proportion to the subtotal that is refunded. The Processing Fee (4%) is non-refundable under any circumstance, except at OpenRoom’s sole discretion.
All deadlines are calculated using the local time of the Property’s location and the Property’s stated check-in time. If no check-in time is stated, 3:00 p.m. local time of the Property’s location applies. The time zone of the User’s location is not relevant for cancellation deadline calculations.
The five Cancellation Tiers are as follows:
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 (Default): 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.
8.3 Split the Bill — Admin-Only Cancellation and Dispute
For Split the Bill (group) bookings, only the Organizer (Admin) may initiate a cancellation or dispute through the Platform. Other participants in a Split the Bill booking may not cancel or dispute through the Platform’s cancellation and dispute tools. This does not restrict any User’s rights under applicable law.
8.4 Limited Exceptions
Refunds outside of the above tiers may be considered, at OpenRoom’s sole discretion, only in the following exceptional circumstances. This is not a legally binding obligation — it reflects OpenRoom’s good-faith commitment to Users:
Fraud: The booking was made using stolen payment credentials (subject to verification).
Property Does Not Exist: The listed Property does not exist or is permanently closed (subject to verification).
Natural Disaster or Force Majeure: A government-declared emergency, natural disaster, or force majeure event makes travel to the destination impossible or illegal. OpenRoom determines what qualifies.
8.5 Host Failure to Honor Booking
If a Host fails to honor your confirmed booking (e.g., overbooking, refusal of service), OpenRoom will, in good faith, assist you by contacting the Host, facilitating communication, and assisting in obtaining a refund where possible. OpenRoom cannot guarantee any specific outcome but will always do what is reasonably within its power to help.
8.6 Modifications and Early Departure
Any date changes, modifications, or early departures are matters to be agreed between you and the Host. OpenRoom does not guarantee that modifications will be accepted and assumes no obligation to enforce any modification.
8A. PROPERTY CONDITION REPORTS AND STAY ISSUES
8A.1 “Is Your Stay Not What You Expected?” — Property Condition Reports
If you arrive at a Property and believe that it does not match the photos, description, or amenities listed on the Platform, you may submit a Property Condition Report through the Platform by clicking the “Is your stay not what you expected?” button.
Once OpenRoom receives a Property Condition Report, the following process applies:
OpenRoom will review the report within forty-eight (48) hours, comparing the photos and evidence you submit with the photos and description published by the Host on the Platform, and/or any information at our disposal.
OpenRoom will notify the Host of the report and provide the Host with the evidence you submitted.
The Host will have forty-eight (48) hours from receiving OpenRoom’s notification to respond, present evidence, and offer an explanation.
After reviewing the evidence presented by both parties, OpenRoom will issue a determination. If OpenRoom determines that the Host published inaccurate information and/or that the listing photos do not reasonably represent the actual condition of the Property, OpenRoom may, at its sole discretion, issue a full or partial refund to you.
You will have twenty-four (24) hours from receiving OpenRoom’s determination to appeal the decision. If you submit an appeal, OpenRoom will review it and communicate its decision within forty-eight (48) hours. The decision on appeal is final. If you do not appeal within the stated period, the original determination becomes final.
Appeals are reviewed and resolved by a member of the OpenRoom team who did not issue the original determination, and is completely encouraged to solve the issue impartially.
8A.2 “Problems with Your Host?” — Stay Issue Reports
If you experience any problem during your stay that involves the Host or the Property’s services (including but not limited to issues with cleanliness, utilities, safety, noise, or any other matter affecting your experience), you may submit a Stay Issue Report through the Platform by clicking the “Problems with your Host?” button.
Once OpenRoom receives a Stay Issue Report, the following process applies:
OpenRoom will review the report and contact the Host within twenty-four (24) hours to communicate your concerns.
OpenRoom will mediate between you and the Host to attempt to resolve the problem.
If the problem requires OpenRoom to take measures to resolve it — such as relocating you to another property, issuing a full or partial refund, extending your 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, at our sole discretion, it is in our reach to help you.
OpenRoom’s intervention under this Section is provided in good faith and on a best-efforts basis. OpenRoom does not guarantee any specific outcome, but will always do what is reasonably within its power to assist you.
9. USER CONDUCT AND PROHIBITED ACTIVITIES
9.1 General Conduct
You agree to use the Platform only for lawful purposes and in accordance with these Terms.
9.2 Prohibited Activities
You agree NOT to engage in the following activities, including, but not limited to:
(a) Illegal Activities
Use the Platform for any illegal purpose or in violation of any laws;
Engage in any criminal activity at a Property booked through the Platform;
Use the Platform to facilitate human trafficking, prostitution, or exploitation;
Use, possess, or distribute illegal drugs or controlled substances;
Engage in fraud, money laundering, or terrorist financing.
(b) Fraudulent Behavior
Provide false, misleading, or inaccurate information;
Use stolen or unauthorized payment methods;
Create fake accounts or impersonate others;
Manipulate or abuse the review system;
File false chargebacks or disputes.
(c) Platform Abuse
Resell, transfer, or broker bookings to third parties for profit;
Use automated systems, bots, or scripts to access the Platform;
Attempt to circumvent security measures;
Scrape, copy, or harvest data from the Platform;
Reverse engineer or decompile the Platform.
(d) Harmful Conduct at Properties
Harass, threaten, or abuse Hosts, their staff, or other guests;
Damage the Property;
Violate the Host’s rules or policies;
Host unauthorized parties, events, or gatherings;
Exceed maximum occupancy limits;
Smoke in non-smoking areas or bring pets to pet-free properties.
9A. OPENROLES AND OPENROLES TOURNAMENT
9A.1 Overview
Participants may do activities during a trip, upload photo proof to the Platform, and enter the OpenRoles Tournament for a chance to win a prize.
9A.2 Eligibility
To participate in OpenRoles and the OpenRoles Tournament, you must:
Comply with all rules outlined in this Section 9A and in the OpenRoles Tournament Agreement;
Be at least 18 years of age.
9A.3 OpenRoles Tournament Rules
The OpenRoles Tournament is held approximately every month. To enter and be eligible for the prize, all of the following rules must be met:
Execute your assigned role(s) following the principles and guidelines outlined for each role on the Platform; It is not necessary to execute all of the suggested activities, nor any of them. The activities suggested by OpenRoom are only suggestions, Users may execute their own activities.
Take photos documenting the execution of your role(s);
Upload photos to the Platform;
Before entering the tournament, Users must review and accept the OpenRoles Tournament Agreement, a separate document that contains the full tournament rules, liability waiver, assumption of risk, and content licensing terms.
9A.4 Prize
Prize amounts and structure are set and announced by OpenRoom for each tournament cycle and may vary. Prize details are published on the OpenRoles Tournament interface before each cycle begins.
OpenRoom may award first, second, and third place prizes at its sole discretion.
All prizes are denominated and offered in United States Dollars (USD). Winners may request payment in Mexican Pesos (MXN), in which case the conversion will be made at the exchange rate published by official sources on the date of payment. The exchange rate risk is borne entirely by the winner.
For group trips, the prize is transferred to the Organizer (Admin) as the sole recipient. The Organizer is solely responsible for distributing the prize among the group’s participants. OpenRoom has no payment obligation or fiscal relationship with any participant other than the Organizer.
Prizes may be subject to applicable tax withholdings as required by federal, state, or local law in the jurisdiction where the prize is awarded or where the winner resides. OpenRoom may be required to withhold taxes from the prize amount before disbursement. The net amount received by the winner will be the prize amount less any applicable withholdings. The winner is solely responsible for reporting prize income and paying any additional taxes owed. OpenRoom may require the winner to provide tax identification information (such as a W-9 form in the United States or equivalent documentation in other jurisdictions) prior to disbursement of the prize. Failure to provide the requested information within the timeframe specified by OpenRoom may result in forfeiture of the prize.
9A.5 Winner Selection
Winners are selected entirely at OpenRoom’s sole discretion. Uploading photos to the Platform or to Instagram does not guarantee a win. Factors that may be considered include, but are not limited to: creativity, adherence to role principles, quality of content, and community engagement. Not following the principles outlined for each role will decrease your chances of winning, or get you disqualified from the tournament.
OpenRoom values creativity, fun, and safety. As an example, OpenRoom is more likely to award a group that posts photos wearing judge’s robes, a video of a jury deliberating, or chairs arranged like a courtroom. OpenRoom will NOT award content depicting reckless or dangerous behavior, such as jumping from a building into a pool or setting oneself on fire. The purpose of OpenRoles is to have fun — not to put anyone in danger, and respect and honor our planet and everything that it contains, including yourself!
9A.6 Winner Redemption
If you see your photo posted on the OpenRoles Tournament interface as a winner, you must send an email to contact@openroomgroup.com with your Booking ID to redeem your reward.
9A.7 Photo and Content License
By uploading photos, videos, or any other content to the OpenRoles Tournament or through the Trip Chat feature, you grant OpenRoom a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, display, distribute, and publish such content on the OpenRoom website, mobile application, social media accounts (including Instagram), marketing materials, and any other media, without further notice or compensation to you.
OpenRoom may display submitted photos and content in a carousel or gallery on the Platform to showcase tournament participants. If you do not wish to have your content displayed in the carousel, you may contact OpenRoom at contact@openroomgroup.com to request removal. OpenRoom will remove the content within a reasonable time after receiving your request.
You represent and warrant that you own or have the necessary rights to all content you upload and that such content does not infringe on the rights of any third party.
9A.8 Additional Terms
Participation in OpenRoles and the OpenRoles Tournament is voluntary and does not affect the validity or terms of your Booking. OpenRoles is a promotional feature and is subject to Section 21 (Promotions) of these Terms.
9A.9 OpenRoles Principles
All Users who participate in OpenRoles agree to adhere to the following principles when executing their assigned roles:
Execute your role in a sustainable way!
Execute your role in a safe way! Never put yourself and others in danger!
Always take care of the property you are staying on.
These principles are displayed on every role within the Platform. Failure to adhere to these principles may result in disqualification from the OpenRoles Tournament and may trigger the Property Damage process described in Section 9G.
OPENROOM DOES NOT ENDORSE, ENCOURAGE, OR PROMOTE: EXCESSIVE DRINKING; UNDERAGE DRINKING; THE CONSUMPTION OF ILLEGAL DRUGS OR CONTROLLED SUBSTANCES; RECKLESS OR DANGEROUS BEHAVIOR; ANY ACTIVITY THAT VIOLATES LOCAL, STATE, OR FEDERAL LAWS; OR ANY ACTIVITY THAT PUTS ANY PERSON IN DANGER. ALL ACTIVITIES SUGGESTED THROUGH THE OPENROLES FEATURE ARE SUGGESTIONS ONLY. USERS EXECUTE ACTIVITIES AT THEIR OWN RISK AND ARE SOLELY RESPONSIBLE FOR THEIR OWN SAFETY AND THE SAFETY OF OTHERS.
9A.10 Assumption of Risk and Liability Waiver for OpenRoles
By participating in OpenRoles and the OpenRoles Tournament, you acknowledge and agree that:
OpenRoles activities are suggestions only. OpenRoom does not organize, supervise, or control any activity performed by Users during their trip.
You voluntarily choose which activities to perform and how to perform them. You are solely responsible for your own safety and the safety of others.
OpenRoom is not liable for any injury, death, property damage, or any other loss arising from or related to your participation in OpenRoles or the execution of any suggested activity.
You assume all risks associated with participating in OpenRoles activities, including but not limited to physical injury, property damage, and any consequences of consuming alcohol or engaging in physical activities.
You release, waive, discharge, and hold harmless OpenRoom, its officers, directors, employees, agents, and licensors from any and all claims, actions, or losses arising from or related to your participation in OpenRoles.
This waiver does not apply to claims arising from OpenRoom’s gross negligence or willful misconduct.
9A.11 Host Feedback and Disqualification
OpenRoom may, at its sole discretion, request feedback from the Host regarding how a group left the Property after their stay. If the Host reports that the Property was damaged or left in an unacceptable condition, OpenRoom may disqualify the group from the OpenRoles Tournament and initiate the Property Damage process described in Section 9G. This is entirely at OpenRoom’s sole discretion — OpenRoom is not obligated to request feedback from every Host.
9B. USER-GENERATED CONTENT
9B.1 Overview
The Platform allows Users to upload, post, and share content including but not limited to photos, images, videos, messages, reviews, and other materials (collectively, “User Content”). This section governs your rights and responsibilities regarding User Content.
9B.2 Content License
By uploading or posting User Content on the Platform, you grant OpenRoom a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, display, distribute, and publish such content in connection with the Platform, OpenRoom’s business operations, marketing, and promotional activities, across all media and formats, without further notice or compensation.
9B.3 Content Ownership
You retain ownership of your User Content. However, by posting it on the Platform, you grant OpenRoom the license described in Section 9B.2. You represent and warrant that you own or have the necessary rights, licenses, and permissions to all User Content you upload.
9B.4 Content Responsibility
You are solely responsible for any User Content you upload, post, or share on the Platform. OpenRoom does not endorse, verify, or assume responsibility for any User Content.
9B.5 Prohibited Content
You agree not to upload, post, or share User Content that is including, but not limited to:
illegal, fraudulent, defamatory, obscene, pornographic, or sexually explicit;
Promotes violence, hatred, discrimination, or harassment against any individual or group;
Contains personal information of others without their consent;
Infringes on the intellectual property rights of any third party;
Contains malware, viruses, or other harmful code;
Is spam, unsolicited advertising, or promotional material;
Impersonates any person or entity;
Violates any applicable law or regulation.
9B.6 Content Removal
OpenRoom reserves the right, but has no obligation, to monitor, review, and remove any User Content at its sole discretion, for any reason, including but not limited to content that violates these Terms or that OpenRoom considers harmful, objectionable, or inaccurate. OpenRoom is not responsible for any failure or delay in removing such content.
9B.7 DMCA and Copyright
If you believe any User Content on the Platform infringes your copyright, please follow the procedure outlined in Section 17 (Copyright Infringement Notice) of these Terms.
9C. TRIP CHAT AND MESSAGING
9C.1 Overview
The Platform provides an in-platform messaging feature (“Trip Chat”) that allows Users within a group booking, or Users with an active booking, to send messages, share photos, and coordinate trip logistics. Trip Chat also enables communication between Users and Hosts regarding bookings, check-in instructions, property details, and any other matters related to the stay.
9C.2 Permitted Use
Trip Chat is intended for communication related to your trip, booking, and interaction with Hosts. You agree to use Trip Chat only for lawful purposes and in accordance with these Terms.
9C.3 Prohibited Conduct in Trip Chat
You agree not to use Trip Chat to:
Harass, threaten, bully, or intimidate other Users or Hosts;
Send spam, unsolicited advertising, or promotional content;
Share illegal, obscene, defamatory, or harmful content;
Share personal information of others without their consent;
Attempt to arrange transactions outside the Platform to circumvent OpenRoom’s payment system;
Engage in any activity that violates applicable laws or these Terms.
9C.4 Monitoring and Enforcement
OpenRoom may, but is not obligated to, monitor messages and content shared through Trip Chat for safety, compliance, and quality purposes. OpenRoom reserves the right to remove content, restrict access to Trip Chat, suspend, or permanently ban Users or Hosts who violate these Terms.
9C.5 No Liability
OpenRoom is not responsible for the content of messages sent between Users or between Users and Hosts through Trip Chat. Users and Hosts communicate at their own risk. OpenRoom does not guarantee the delivery, accuracy, or security of messages sent through Trip Chat.
9D. REFERRAL PROGRAM
9D.1 Overview
OpenRoom offers a Referral Program that allows Users to invite others to join the Platform. When a referred person creates an account and completes their first booking, both the referring User and the referred User may earn travel credits, discount codes, or other rewards as specified on the Platform.
9D.2 Referral Credits and Discount Codes
Referral credits and discount codes are subject to the following conditions:
Credits and discount codes are non-transferable and may not be exchanged for cash;
Credits and discount codes may only be applied toward future bookings on the Platform;
Credits and discount codes have no cash value and expire as indicated on the Platform;
OpenRoom reserves the right to modify credit amounts, discount code values, expiration dates, and program terms at any time.
9D.3 Prohibited Referral Activity
You agree not to:
Create fake accounts or use fictitious identities to earn referral credits or discount codes;
Spam, harass, or send unsolicited messages to generate referrals;
Use paid advertising to promote your referral link without OpenRoom’s prior written consent;
Engage in any fraudulent or deceptive activity to earn referral credits or discount codes.
9D.4 Abuse and Termination
OpenRoom reserves the right to revoke referral credits, void discount codes, suspend accounts, and terminate access to the Referral Program for any User who abuses or manipulates the program. Abuse includes, but is not limited to, self-referrals, fake accounts, and fraudulent bookings.
9D.5 Modifications
OpenRoom reserves the right to modify, suspend, or discontinue the Referral Program at any time, with or without notice. Existing earned credits will be honored unless obtained through fraudulent means.
9E. USER PROFILES
9E.1 Overview
The Platform provides Users with a personal profile page where they may display trip photos, videos, and a map of destinations visited.
9E.2 Profile Visibility
User Profiles are private by default. Users may choose to make their profile public through their account settings. When a profile is public, other Users and visitors to the Platform may view the profile’s content, including trip photos, videos, and destination map.
9E.3 Content License for Profiles
Content displayed on your User Profile is subject to the same content license described in Section 9B.2. By making your profile public, you consent to the display of your content to other Users and visitors of the Platform.
9E.4 Profile Responsibility
You are solely responsible for the content displayed on your User Profile. OpenRoom does not endorse, verify, or assume responsibility for any content on User Profiles. OpenRoom reserves the right to remove any content from User Profiles that violates these Terms.
9F. PROPERTY DAMAGE
9F.1 User Liability for Property Damage
You are financially liable for any damage you cause to a Property during your stay, including but not limited to damage to furnishings, fixtures, appliances, walls, floors, and any other property belonging to the Host. This includes damage caused by your guests, invitees, or any person you allow onto the Property.
9F.2 Damage Claim Process
If a Host reports property damage, the following process applies:
The Host will first attempt to resolve the matter directly with you.
If the matter cannot be resolved directly, the Host may report the damage to OpenRoom by clicking the “Report Damage” button on the Platform within seven (7) business days of your checkout date.
The Host must provide evidence of the damage, including timestamped photos or videos and repair estimates or receipts.
OpenRoom will review the claim within seven (7) business days of receipt.
OpenRoom will notify you of the claim, share the evidence provided by the Host, and give you forty-eight (48) hours to respond. You may accept the claim, dispute it, or propose a resolution.
If you dispute the claim, OpenRoom will mediate in good faith, reviewing evidence from both sides, and make a recommendation.
If OpenRoom’s mediation results in a finding against you, you shall pay the Host the applicable amount.
If you refuse to pay after OpenRoom rules in favor of the Host, your account will be suspended until the matter is resolved. OpenRoom may share all available information, evidence, and communications related to the claim with the Host so that the Host may pursue the matter independently.
9F.3 Right of Appeal
You will have twenty-four (24) hours from receiving OpenRoom’s determination to appeal the decision. If you submit an appeal, OpenRoom will review it and communicate its decision within forty-eight (48) hours. The decision on appeal is final. If you do not appeal within the stated period, the original determination becomes final.
Appeals are reviewed and resolved by a member of the OpenRoom team who did not issue the original determination, and who is encouraged to solve the problem impartially.
If you are not satisfied with the final determination after appeal, you may pursue dispute resolution in accordance with Section 14 (Dispute Resolution) of these Terms.
9F.4 Pre-Checkout Reminder
OpenRoom may send Users a reminder before checkout to leave the Property in good condition. Damage claims may result in account suspension, exclusion from the OpenRoles Tournament, negative reviews, and referral to debt collection or legal action.
10. REVIEWS AND RATINGS
10.1 Two-Sided Review System
OpenRoom operates a two-sided review system where Users may review Hosts after completing a stay, and Hosts may review Users after hosting them. Host reviews of Users are reflected on the User’s public profile. This system provides Hosts with visibility into the behavior history of Users and strengthens the Platform’s safety measures.
10.2 Review Guidelines
Reviews must be: based on actual booking experiences; honest and accurate; free of offensive, discriminatory, or illegal content; and not used to extort, threaten, or manipulate.
10.3 Account Suspension Based on Reviews
If a User receives three (3) or more bad reviews (defined as a rating of 3 stars or lower from Hosts), their account will be automatically suspended and placed under review. Reinstatement is at OpenRoom’s sole discretion.
11. ACCOUNT SUSPENSION AND TERMINATION
11.1 Suspension by OpenRoom
OpenRoom may suspend or terminate your account if you violate these Terms, receive 3 or more bad reviews, we suspect fraudulent or illegal activity, or as required by law.
11.2 Dispute Account Flagging
If a User disputes a charge with their bank and OpenRoom successfully counters the dispute (i.e., OpenRoom wins), the User’s account will be flagged with a warning.
A second dispute that OpenRoom wins results in the User’s account being placed under review and new bookings and the use of the Platform may be restricted.
If OpenRoom determines that a User filed a fraudulent dispute (i.e., the User stayed at the Property, enjoyed the stay, and disputed the charge anyway), the User’s account will be permanently suspended. The Host and/or OpenRoom may take any legal action deemed necessary against the User, including but not limited to pursuing claims for damages, costs, and attorneys’ fees.
11.3 Effect of Suspension
You will be unable to make new bookings and/or use the Platform. Existing confirmed bookings will be honored. Access to your account may be restricted.
11.4 Termination by User
You may close your account at any time on the Platform, or by contacting us at contact@openroomgroup.com. Closing your account does not entitle you to refunds for any completed or upcoming bookings. Before closing your account, you will be shown a reminder to review OpenRoom’s Terms of Service regarding any pending bookings or obligations.
11.5 Survival
Sections relating to payment obligations, limitation of liability, indemnification, and dispute resolution survive termination.
12. OPENROOM’S ROLE AND DISCLAIMER
12.1 Platform and Merchant of Record
OpenRoom is a technology platform that connects Users with Hosts and acts as the Merchant of Record for all transactions. OpenRoom collects payments from Users on behalf of Hosts and remits applicable funds to Hosts after deducting its Commission. OpenRoom is not a host, lodging provider, travel agent, or party to any accommodation agreement between you and a Host.
12.2 No Endorsement
Listing a Property on our Platform does not constitute an endorsement. We do not verify Hosts’ licenses, safety standards, or quality beyond our review policies.
12.3 “As Is” Platform
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; TITLE AND NON-INFRINGEMENT; ACCURACY OR COMPLETENESS OF CONTENT; OR THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.
12.4 Third-Party Content
OpenRoom is a distributor and not a publisher of content supplied by Hosts and third parties. OpenRoom exercises no editorial control over such content and makes no warranty as to its accuracy, reliability, or currency.
13. LIMITATION OF LIABILITY
13.1 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPENROOM’S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID IN CONNECTION WITH THE BOOKING GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
13.2 Exclusion of Damages
IN NO EVENT SHALL OPENROOM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: LOST PROFITS, REVENUE, OR DATA; LOSS OF GOODWILL; PERSONAL INJURY OR PROPERTY DAMAGE AT PROPERTIES; HOST’S FAILURE TO PROVIDE ACCOMMODATION; ACTS OR OMISSIONS OF HOSTS; THIRD-PARTY CONDUCT; OR BUSINESS INTERRUPTION.
13.3 Assumption of Risk
You acknowledge that staying at a Property involves inherent risks. You assume all risks associated with your stay, including personal injury, property damage, and theft.
13.4 Time Limitation on Claims
YOU AND OPENROOM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
14. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless OpenRoom and its officers, directors, employees, agents, and licensors from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: your use of the Platform; your violation of these Terms or any law; your violation of any third-party right; your conduct at any Property; any booking you make on behalf of a third party; any User Content you upload, post, or share on the Platform; your participation in OpenRoles, the OpenRoles Tournament, or the Referral Program; and any property damage caused by you or your guests at any Property.
15. DISPUTE RESOLUTION
15.1 Governing Law
The entity you contract with and the applicable governing law depend on the location of the property you book. If you book a property located in Mexico, you are contracting with OPENROOM MEXICO, S.A. de C.V., a company organized under the laws of Mexico. In that case, these Terms will be interpreted in accordance with the federal laws of Mexico and the applicable commercial legislation, and you agree to submit to the exclusive jurisdiction of the competent courts located in Mexico City. If you book a property located outside of Mexico, you are contracting with OPENROOM, LLC, a Florida limited liability company. In that case, these Terms will be interpreted in accordance with the laws of the State of Florida, and any disputes will be resolved in accordance with the dispute resolution provisions set forth in Section 15 of these Terms.
For the use of the platform for all non-related purposes to booking a property, you are contracting with OPENROOM, LLC, a Florida limited liability company. In this case, these Terms will be interpreted in accordance with the laws of the State of Florida, and any disputes will be resolved in accordance with the dispute resolution provisions set forth in Section 15 of these Terms.
15.2 Notice of Dispute
In the event of a dispute, you or OpenRoom must give the other a written Notice of Dispute setting forth the name, address, contact information, facts giving rise to the dispute, and relief requested. Send any Notice of Dispute to: contact@openroomgroup.com.
15.3 Informal Resolution
Before filing any formal dispute, you agree to contact us and attempt to resolve the dispute informally for at least thirty (30) days from the date the Notice of Dispute is sent.
15.4 Mediation
If informal resolution fails, the dispute shall be submitted to non-binding mediation in Miami-Dade County, Florida.
15.5 Binding Arbitration
If mediation fails, any remaining dispute shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules in Miami-Dade County, Florida. The arbitrator’s decision is final and binding.
15.6 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION.
15.7 Jury Trial Waiver
TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO A JURY TRIAL IN ANY DISPUTE WITH OPENROOM.
16. INTELLECTUAL PROPERTY
The Platform and its entire contents, features, and functionality are owned by OpenRoom, its licensors, or other providers and are protected by United States and international intellectual property laws. The material may not be copied, modified, reproduced, downloaded, or distributed in any way without the express prior written permission of OpenRoom.
17. USER SUBMISSIONS AND SUGGESTIONS
Any feedback, comments, ideas, improvements, or suggestions (“Suggestions”) provided by you to OpenRoom shall remain the sole and exclusive property of OpenRoom. OpenRoom shall be free to use, copy, modify, publish, or redistribute Suggestions for any purpose without any credit or compensation to you.
18. COPYRIGHT INFRINGEMENT NOTICE
If you believe any material on our Platform constitutes an infringement on your copyright, please contact us at contact@openroomgroup.com with: a physical or electronic signature of the copyright owner; identification of the infringing material; your contact information; a statement of good faith belief; and a statement of accuracy under penalty of perjury.
19. THIRD-PARTY SERVICES AND LINKS
We may display, include, or make available third-party content or provide links to third-party websites or services. OpenRoom is not responsible for any Third-Party Services, including their accuracy, legality, or quality. Third-Party Services are provided solely as a convenience and you access them entirely at your own risk.
20. COOKIES
OpenRoom uses “Cookies” to identify the areas of our website that you have visited and to enhance performance and functionality. Most web browsers can be set to disable Cookies; however, doing so may limit your ability to use certain features. We never place Personally Identifiable Information in Cookies. For more information, please see our Privacy Policy and Cookie Policy.
21. TYPOGRAPHICAL ERRORS
In the event a Property is listed at an incorrect price or with incorrect information due to typographical error, the Host shall have the right to refuse or cancel any bookings placed at the incorrect price. If your credit card has already been charged and your booking is canceled due to a typographical error, a credit will be issued to your account in the amount of the charge.
22. PROMOTIONS
OpenRoom may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”), including but not limited to the OpenRoles Tournament described in Section 9A. All Promotions may be governed by separate rules in addition to these Terms. You are responsible for reading all Promotion rules to determine eligibility. Additional terms and conditions may apply. In the event of a conflict between Promotion-specific rules and these Terms, these Terms shall prevail unless the Promotion rules explicitly state otherwise.
23. COMMUNICATIONS
23.1 Transactional Communications
By using the Platform, you agree to receive transactional communications, including but not limited to booking confirmations, booking reminders, payment receipts, account notifications, OpenRoles Tournament updates, and Trip Chat notifications, including but not limited to email, SMS, WhatsApp, push notifications, and other messaging channels to the phone number and contact information you provided during registration. These communications are necessary to provide our services and cannot be opted out of while maintaining an account.
23.2 Marketing Communications
With your consent, we may send promotional emails. You can opt out at any time by clicking “unsubscribe” adjusting your account settings.
24. MODIFICATIONS TO PLATFORM AND TERMS
24.1 Modifications to Platform
OpenRoom reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Platform or any service, with or without notice and without liability to you.
24.2 Changes to Terms
OpenRoom reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide notice. By continuing to access or use our Platform after revisions become effective, you agree to be bound by the revised Terms.
25. GENERAL PROVISIONS
25.1 Entire Agreement
These Terms, together with our Privacy Policy, Cookie Policy, the OpenRoles Tournament Agreement, and any other legal notices published by OpenRoom, constitute the entire agreement between you and OpenRoom regarding the Platform.
25.2 Severability
If any provision of these Terms is held to be unenforceable or invalid, it will be interpreted to accomplish its objectives to the greatest extent possible, and the remaining provisions will continue in full force and effect.
25.3 Waiver
No failure to exercise, and no delay in exercising, any right or power under these Terms shall operate as a waiver. By accepting these Terms, you waive all rights to sue OpenRoom for matters occurring solely between the Host and you. OpenRoom shall not be included in such conflicts, though it will assist in good faith where possible.
25.4 Assignment
You may not assign these Terms without OpenRoom’s prior written consent.
25.5 Force Majeure
OpenRoom is not liable for delays or failures due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, epidemics, government actions, or internet/telecommunications failures.
25.6 Headings
Section headings are for convenience only and will not be given any legal import.
25.7 Injunctive Relief
OpenRoom will be entitled to injunctive or other equitable relief (without posting any bond or surety) in the event of any breach or anticipatory breach by you.
25.8 Geographic Limitations
OpenRoom operates and controls the Service from its offices in the United States. Those who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws.
26. CONTACT US
Don’t hesitate to contact us if you have any questions about these Terms:
Email: contact@openroomgroup.com
Legal Inquiries: contact@openroomgroup.com
Website: openroomgroup.com
Phone: +52-56-2619-5584
27. YOUR CONSENT
By using our Platform, registering an account, or making a booking, you hereby consent to these Terms of Service and agree to be bound by them. If you do not agree to these Terms, please do not use the Platform.