Courtesy translation. In the event of any discrepancy, the Spanish version shall prevail.
1. Parties
This agreement is entered into by:
- KORU HOLDING, S.A.S. (“KORU”), with RFC KHO261001F90 and address at Marie Curie 303, interior C13, Reforma y Ferrocarriles Nacionales, Toluca de Lerdo, Estado de México, C.P. 50070.
- The Host: “Host’s name or company name”, with RFC “Host’s RFC” and address at “Host’s address”, represented, where applicable, by “legal representative, if applicable”.
This is an independent agreement. It governs only the KORU Room service.
2. Purpose
KORU provides the Host with a digital intermediation service to offer short-stay accommodation through korurent.com (the “Platform”): it lists the Host’s spaces, receives bookings, collects payment from guests on the Host’s behalf and pays the Host.
The accommodation service is provided by the Host to the guest. KORU is not the owner, landlord, manager or operator of the spaces, and is not a party to the accommodation arrangement.
3. Host’s representations
The Host represents, under oath, that:
- It is the owner of each space it lists, or holds written authorization from the owner or the landlord to offer it for short stays.
- The condominium or residential development regulations, if any, do not prohibit that use.
- It holds the permits, licenses, notices and registrations required by the authorities of its state and municipality, including those relating to land use, civil protection and tourism, and will keep them in force.
- Each space is safe and habitable and complies with the document “Space Safety and Use of Cameras”.
- The information and photographs in its listings are true.
- Its tax and bank details are correct, and the bank account is in its name.
The Host will provide KORU with the documents evidencing these representations when KORU requests them.
4. Host’s obligations
- Honor each confirmed stay on the dates, in the space and under the conditions advertised.
- Keep its listings, prices and calendar accurate and up to date.
- Deliver the space clean and with the declared safety equipment.
- Be reachable, personally or through a representative, during each stay.
- Respect the guest’s privacy and the rules on cameras.
- Not discriminate against guests.
- Comply with its tax obligations and the local regulations applicable to accommodation.
- Comply with the Terms for Hosts, the Stay Cancellation Policy and the document “Space Safety and Use of Cameras”.
5. KORU’s obligations
- Operate the Platform and publish approved spaces.
- Verify the identity of guests before their arrival.
- Collect payment from guests on the Host’s behalf and pay the Host in accordance with this agreement.
- Make available to the Host the details of each stay, each payout and each withholding.
- Assist guests and the Host with questions, incidents and claims, and resolve them on the basis of both parties’ evidence.
- Withhold and remit the taxes the law requires of it, and issue the corresponding tax receipts.
- Protect the Host’s personal data in accordance with the Privacy Notice for Hosts.
6. Commission
- KORU’s commission is 15%, VAT included, the same for all Hosts.
- It is calculated on the nights plus the cleaning fee of each stay.
- The commission in force at the time of booking is fixed for that stay. A later change in the commission applies only to new bookings and is notified in accordance with clause 15.
- In a cancellation, the commission is charged only on what the Host receives.
7. Collection mandate
The Host grants KORU a commercial commission (comisión mercantil) to collect, in its name and on its behalf, within the Platform, the price of each stay and its charges, and to make the refunds that apply under the cancellation policy.
- The payment the guest makes to KORU discharges the guest vis-à-vis the Host for that amount.
- What is collected belongs to the Host, except for KORU’s commission, the withholdings required by law and the amounts this agreement allows to be deducted.
- KORU is not a financial institution and does not provide payment services to the public. Payments are processed with Stripe.
- The Host will not charge the guest any part of the stay outside the Platform.
8. Withholdings and taxes
- KORU withholds and remits the ISR and VAT that the law requires it to withhold on the Host’s income, at the rates in force on the date of each payout.
- As of the date of this agreement, for individuals with an RFC, the ISR withholding for accommodation is 4% of income excluding VAT and the VAT withholding is 50% of the VAT charged. Without an RFC, they are 20% and 100%. For legal entities, the withholdings set by the Ley de Ingresos de la Federación (Mexican Federal Revenue Law) for the fiscal year apply.
- KORU provides the SAT with the information required by law about the Host and its transactions, including the address of the property.
- KORU issues the Host the CFDI for its commission and the withholding CFDI.
- The state lodging tax is charged to the guest on an itemized basis. KORU remits it when the state law requires the platform to do so; in all other cases, the Host remits it.
- The Host is responsible for its other tax obligations.
9. Payout terms
- For each stay, the Host receives: nights + cleaning − commission − withholdings required by law.
- KORU pays to the Host’s bank account (CLABE) through Stripe.
- The payout is released 5 business days after the guest’s arrival (check-in). A new Host’s first payout is released 7 calendar days later, for verification.
- KORU may withhold the payout for a stay while there is an open incident, claim or dispute concerning it, and only for the amount in dispute where it can be separated.
- KORU may deduct from subsequent payouts the refunds, chargebacks, charges and recoveries attributable to the Host under this agreement and the Terms for Hosts.
- Security deposit. KORU Room operates without a deposit: KORU verifies the guest’s identity, and the guest authorizes when booking that proven damage be charged to their payment method. The Host may request a deposit only if it enables it and advertises it with its amount before the booking. KORU places a hold for it on the guest and releases it after check-out if there is no claim within the period. The deposit is not income of the Host unless it is applied to damage.
10. Cancellations
- For each listing, the Host chooses a cancellation policy: flexible, moderate or strict. The policy in force at the time of booking governs that stay.
- If the guest cancels, they are refunded what the policy provides and the Host receives the rest, less the commission.
- If the Host cancels, the guest receives a full refund. The Host receives no payout for that stay, bears the reasonable cost of relocating the guest and is subject to the consequences set out in the Terms for Hosts.
- There is no consequence for either party when the cancellation is due to a proven act of God or force majeure.
11. Damage and claims
- KORU is not an insurer and does not guarantee payment for damage.
- The Host claims damage caused by a guest on the Platform, within the period and with the evidence specified in the Terms for Hosts. After that period, the claim is not admissible.
- KORU resolves each claim on the basis of both parties’ evidence and keeps a written record of its decision. If the claim is upheld, KORU charges the damage to the guest’s payment method, and first to the deposit if there is one. KORU does not advance what cannot be collected.
- The Host is liable to the guest and to third parties for damage caused by the space, by its lack of maintenance or safety, or by the falsity of the listing.
- The Host will hold KORU harmless from claims, fines and penalties arising from those causes or from the lack of permits, and will reimburse KORU for whatever KORU pays on account of them.
12. Confidentiality and guest data
- The Host receives from the guest only their name, the dates, the number of guests and their messages. It does not receive their ID or their verification photograph.
- The Host will use that data only to fulfill the stay, will keep it confidential, will not share it with third parties and will delete it when it is no longer necessary.
- If the Host suffers a loss of, or unauthorized access to, that data, it will notify KORU within a maximum of 48 hours.
- Each party will keep confidential the other party’s business information that it learns through this agreement.
- These obligations continue after termination.
13. Non-circumvention
During the term of this agreement and for the 12 months following its last stay, the Host will not offer or charge, outside the Platform, stays to guests obtained through KORU.
This clause does not prevent the Host from offering its spaces through other channels to people it did not meet through KORU.
14. Term and termination
- This agreement takes effect when the Host signs it and KORU enables the Room service. It is for an indefinite term.
- Either party may terminate it with 15 calendar days’ notice. Confirmed stays must be honored and pending payouts are settled in accordance with clause 9.
- KORU may suspend or terminate it immediately for false information, fraud, risk to guests or serious or repeated breach.
15. Changes
KORU will notify the Host of any change to this agreement through the Platform and by email at least 15 calendar days in advance. Changes do not affect stays already confirmed. If the Host does not agree, it may terminate this agreement without penalty before the change takes effect.
16. Relationship with other KORU agreements
- This agreement and the vehicle Provider Agreement (KORU Rent) are independent. Each governs a different service. Neither prevails over the other or applies to the other’s service.
- If the Host also offers vehicles, it signs both agreements and each applies only to its own service. Vehicle rules, such as the per-booking insurance policy or the vehicle documents, do not apply to accommodation.
- Terminating one does not terminate the other. The exception is termination for fraud, false information or risk to users: in that case KORU may terminate both.
- The Terms for Hosts, the Stay Cancellation Policy and the document “Space Safety and Use of Cameras” form part of this agreement. In the event of any inconsistency with them, this agreement shall prevail.
17. Relationship between the parties
- The Host acts independently. There is no employment relationship, partnership or association between the Host and KORU.
- The Host may not bind KORU vis-à-vis third parties. KORU acts on the Host’s behalf only for the collection under clause 7.
- The Host may not assign this agreement without KORU’s written authorization. KORU may assign it to a company of its group, with notice to the Host.
- Notices between the parties are given through the Platform and to each party’s registered email.
- If a clause is declared invalid, the remainder remains in force.
18. Governing law and disputes
The Código de Comercio (Mexican Commercial Code) and Mexican federal laws apply. Before going to court, the parties will attempt to resolve the dispute through negotiation for 30 days and, where appropriate, through mediation. If it is not resolved, they submit to the competent courts of Toluca de Lerdo, Estado de México.
19. Electronic signature and evidence
The parties sign this agreement by electronic means. Their signature has the same effects as a handwritten signature, in accordance with articles 89, 89 bis and 93 of the Código de Comercio (Mexican Commercial Code) and articles 1803 and 1834 bis of the Código Civil Federal (Mexican Federal Civil Code).
To provide certainty as to the date and content, KORU keeps the signature evidence: the signed text with its digital fingerprint (SHA-256), the date and time with a timestamp issued by a third party, the IP address, the device and the log of signing events. KORU keeps this agreement complete and unaltered for at least 10 years. Once signed, it cannot be modified or deleted; changes are documented separately. The Host can download it from its dashboard.
The Host
- Name: “name of the signatory”
- On behalf of: “Host’s name or company name”
- Electronic signature: “recorded upon signing”
- Date and time: “recorded upon signing”
- IP address and device: “recorded upon signing” · “recorded upon signing”
KORU HOLDING, S.A.S.
- Representative: “KORU’s representative”
- Electronic signature: “recorded upon signing”
- Date and time: “recorded upon signing”
Signature evidence
- Agreement version: “signed agreement version”
- Digital fingerprint (SHA-256): “calculated upon signing”
- Timestamp: “issued by a third party upon signing”