Terms and Conditions

TERMS AND CONDITIONS FOR CUSTOMERS

ANDES STR, INC.
Last updated: July 9, 2025

1. INTRODUCTION

These Terms and Conditions ("Terms") govern the access to and use of the Andes STR software-as-a-service ("SaaS") platform, including all software, features, applications, and support services as described in the applicable Order Form as defined below ("Supplier Services") by homeowners and property managers, whether individuals or legal entities ("Customer(s)"), who use Andes STR to manage, analyze, and report on short-term rental properties. By registering for, accessing, or using the Supplier Services, you agree to be bound by these Terms, which incorporate by reference Andes STR, Inc.'s ("Andes STR") Privacy Policy (https://andstr.com/terms-and-privacy/). If you do not agree to these Terms, you may not use the Supplier Services.

2. SCOPE OF SERVICES

Andes STR provides a SaaS platform for the creation of short-term rental real estate owner statements, data analysis, and reporting on property reservations, revenue, and expenses, amongst other services. The Supplier Services are provided solely for the Customer's internal business purposes as specified in the document specifying the services, fees, and subscription terms agreed between Andes STR and the Customer ("Order Form") and these Terms.

3. ACCOUNT REGISTRATION AND ACCESS

3.1. Customers must provide accurate, current, and complete information during registration and keep such information updated.

3.2. Access to the Supplier Services is restricted to authorized Users. User credentials must be kept confidential and not shared.

3.3. Customers are responsible for all activities that occur under their accounts.

4. CUSTOMER OBLIGATIONS

4.1. Customers must comply with all applicable laws, and thus they must not use the Supplier Services for any unlawful, fraudulent, or unauthorized purpose.

4.2. Customers must not upload or store sensitive personal data (e.g., financial, health, or identification data) unless required and in compliance with applicable law.

4.3. Customers are responsible for the accuracy, quality, and legality of Customer Data, that is, all data submitted, stored, or transmitted by or on behalf of the Customer or any User and received and analyzed by the Supplier Services, as well as the information provided for the creation of accounts for any employee, agent, or contractor of the Customer authorized to access the Supplier Services ("User").

5. FEES AND PAYMENT

5.1. Fees are specified in the Order Form and are payable in accordance with the agreed payment terms.

5.2. Late payments may result in suspension of access to the Supplier Services and may incur interest and reactivation fees.

5.3. All fees are non-refundable except as required by law or as expressly provided in these Terms.

6. LICENSE AND RESTRICTIONS

6.1. Andes STR grants Customers a limited, non-exclusive, non-transferable right to access and use the Supplier Services during the subscription term.

6.2. Customers may not reverse engineer, decompile, modify, or create derivative works of the Supplier Services.

6.3. Customers may not resell, sublicense, or otherwise transfer their rights to use the Supplier Services.

7. DATA PROTECTION AND PRIVACY

7.1. Andes STR will collect and process personal data in compliance with the applicable US and Chilean data protection legislation and in accordance with its current Privacy Policy, available at https://andstr.com/terms-and-privacy/

7.2. Andes STR is committed to protecting the security, confidentiality, and integrity of Customer Data by applying appropriate technical and organizational measures in accordance with international best practices and Chilean Law No. 19.628 on the Protection of Private Life, as well as any other applicable regulations.

7.3. Andes STR will process Customer Data solely for the provision of the contracted Services, compliance with legal obligations, and other purposes expressly authorized by the Customer or permitted by law. No additional processing incompatible with these purposes will be carried out.

7.4. Andes STR may use aggregated and properly anonymized data, which does not allow the direct or indirect identification of the Customer or its Users, for analysis, service improvement, and statistical purposes, in compliance with the principles of data minimization and anonymization.

7.5. Andes STR shall require the Customer to be responsible for obtaining and documenting all consents, authorizations, and legal bases necessary for the processing of its users' personal data, in accordance with US and Chilean law, wherever the Customer is located. The Customer must also inform data subjects about the processing activities carried out by Andes STR, including the rights available to them.

7.6. Customers have the right to access, rectify, and request deletion of their personal data, subject to legal requirements.

8. SUPPORT SERVICES

8.1. Andes STR will provide support and maintenance services as described in the Order Form, with response times based on the severity of the issue.

9. INTELLECTUAL PROPERTY

9.1. All rights, title, and interest in the Supplier Services and related materials remain with Andes STR.

9.2. Customers retain all rights in their Customer Data unless indicated otherwise in the individual contracts entered into by Andes STR with its customers.

10. CONFIDENTIALITY

Both parties agree to maintain the confidentiality of non-public information disclosed in connection with the Supplier Services, except as required by law.

11. LIMITATION OF LIABILITY

Andes STR is not liable for indirect, incidental, or consequential damages, except as required by law. In no event will Andes STR's aggregate liability exceed the fees paid by the Customer in the six months preceding the event giving rise to the claim.

12. TERMINATION

12.1. Either party may terminate the agreement for material breach, insolvency, or as otherwise provided in the Order Form, notwithstanding the Customer's ability to unilaterally terminate the agreement when, if defined as a consumer under the provisions of Law No. 19,496 and its amendments ("Consumer Protection Act"), it is granted the rights to do so.

12.2. Upon termination, Customer access to the Supplier Services will cease, and Andes STR may delete Customer Data after a reasonable period, except as required by law.

13. GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of the US. Any disputes will be subject to the exclusive jurisdiction of the courts of Travis County, Texas, except for the times when the provisions of the Consumer Protection Act are applicable, in which case the Customer, as a consumer, will have the ability to direct its claim before a Small Claims Court under the provisions of such regulation.

14. CHANGES TO TERMS

Andes STR may update these Terms from time to time. Material changes, excluding those who merely modify the form of these Terms, will be notified to Customers 30 (thirty) days prior to their entry into force. Continued use of the Supplier Services, prior notice to the contact information provided by the Customer to Andes STR in due time, constitutes acceptance of the updated Terms.

15. CONTACT

For questions or concerns, contact Andes STR at [email protected].

TERMS AND CONDITIONS FOR GUESTS

Andes STR FL, LLC, and Andes STR SpA
Last updated: December 19, 2025

INTRODUCTION

The provisions set forth in this Rental Agreement ("Agreement"), govern the customer / renter ("you", "your") obligations and liabilities with Andes STR FL, LLC, a Florida limited liability company ("Andes", "we", "our", "us"). Please read this Agreement carefully. By reserving a stay, confirming a reservation, or staying at one of our properties, you indicate that you accept these terms and that you agree to abide by them. Your submitted reservation and/or reservation inquiry constitutes your acceptance of these terms, which takes effect on the date of which you submit a request. If you do not agree with these terms in full, you should not submit any reservation requests. All guests (primary, secondary, authorized, and unauthorized) occupying any of our properties ("Guests"), must abide by the terms of this Agreement. All provisions of this Agreement that by their nature survive termination of the Agreement, including, but not limited to, all limitations on liability, ownership, indemnification obligations, agreements to arbitrate, choices of law, and other property and intellectual property protections shall survive the expiration, cancellation, or termination of this Agreement.

You understand and agree that this Agreement incorporates (i) our Privacy Policy (https://andstr.com/terms-and-privacy/), which applies to the general use of this website and third-party websites featuring our properties, and (ii) any information pertaining to a stay at one of our properties.

Andes maintains the right to modify these Agreement terms from time to time. Amendments and modifications to this Agreement will be effective upon Andes' posting of such updated terms on its website. Your continued access or use of the Andes services after such posting confirms your consent to be bound by the amended Agreement.

BOOKING POLICIES

  1. The Guest making the booking must be at least 25 years of age at the time of booking.
  2. Once your booking has been completed, we will send you a confirmation email.
  3. Check-in instructions to the booked property (the "Accommodation") will be sent 3 days prior to scheduled arrival.
  4. Certain properties may require you to sign a waiver in order to book the Accommodation.
  5. You agree to pay all costs associated with the booking including the nightly rate, fees, and applicable taxes, listed upon booking completion ("Booking Charges") prior to check in at the Accommodation. You understand and agree that the booking is not confirmed unless and until all fees listed at booking completion are paid in full.
  6. Andes, may in its sole discretion, allow a Guest making a booking to put a "hold" on a booking without paying all fees and costs listed at booking completion. Any "holds" placed by you are subject to cancellation at any time by Andes in its sole discretion prior to payment in full of such fees and costs.
  7. You agree that there may be additional costs and fees associated with the Accommodation, due to booking modifications, add-on services such as in-stay housekeeping, ancillary amenity fees, pool heating, pet fees, or other fees that you are responsible for upon completion of your stay. We reserve the right to assess for any property damages and cleaning fees including, but not limited to, property damages inflicted by the Guest's animals (including service animals).
  8. Early check-ins may be requested prior to check-in date; however, we do not guarantee the grant of early check-ins.
  9. Late check-outs may be requested prior to check-out date; however, we do not guarantee the grant of late check-outs.
  10. Check-in instructions will only be provided upon satisfaction of payment in full of all charges due prior to check-in at the Accommodation, identity verification, and any applicable screening waivers.

PAYMENT REQUIREMENTS

Fifty percent of Booking Charges are due at the time of booking, with the remaining charges due and payable no later than thirty (30) days prior to check in at the Accommodation. For bookings made less than thirty (30) days prior to check in, the entire Booking Charges will be due at the time of booking.

A valid credit card is required to book a reservation. By providing the credit card, you acknowledge that there may be incidental and/or consequential charges (see below) and other incurred fees during your stay in addition to Booking Charges payable on or before check-in. You further authorize Andes to credit these charges, if any, to the provided card.

Should there be any outstanding unpaid due charges, Andes reserves the right to charge up to five (5%) percent in late payment fees (or such lesser amount as is required by law).

Total fees due may include sales and use tax, local hotel occupancy tax, transient occupancy tax, tourist tax, lodging tax, and other taxes depending on jurisdiction ("Taxes"). These Taxes may be added to the total amount charged for your reservation. Taxes will vary depending on locality, jurisdiction, and time of your stay. Taxes may also change to reflect updated local government tax laws. Certain jurisdictions may also require Andes to collect and remit occupancy taxes to local government authorities. You agree that Taxes are included in your responsibility for full payment.

PROPERTY CONDITION

You agree to assume responsibility, on arrival, to examine the Accommodation, including all furnishings, appliances, fixtures, and amenities to ensure proper operating condition. You further agree to notify and alert an Andes employee if there is anything in disrepair or not in proper operating condition. If notification of items requiring repair or not in working order is given in a timely manner, Andes may attribute any malfunction or damage to you in our discretion, in which event, we may hold you liable for repair or replacement costs. You acknowledge that there is no express or implied warranty as to the specific condition of the Accommodation, including the contents thereof and associated amenities, and that information regarding the Accommodation and associated amenities supplied online or in other media forms is intended for marketing purposes only.

MAINTENANCE REQUESTS

Andes agrees to make every reasonable effort in the repair and maintenance of our properties. While we will make best efforts to resolve any issues in a timely manner, including dispatching maintenance service personnel as soon as we can, we cannot and do not guarantee that the issue will be resolved during your stay. No refunds or discounts will be granted due to interruptions in appliance or amenity usage, maintenance problems, or malfunctions.

INCIDENTAL AND CONSEQUENTIAL CHARGES

You will be held liable for any costs and damages incurred during your stay. These may include, but are not limited to, property damage, additional cleaning required, unauthorized amenity usages, regulatory fines, lock/key replacements, unauthorized guests or animals, exceeding the maximum guest count, destruction or serious deterioration of any items within the Accommodation that is beyond general wear and tear, theft of any items within the Accommodation, or a material breach of any provisions of this Agreement ("Damages"). We reserve the right to hold you liable for any incidentals discovered within thirty (30) days after check-out. We reserve the right to charge the credit card on file for any incidental or consequential charges, including those arising from Damages.

ACCIDENTAL DAMAGE PROTECTION PROGRAM

For properties located in the United States, if there is no damage deposit or other form of short-term rental stay insurance associated with your reservation, you will be charged an accidental damage protection fee ("ADP Fee"), which is a non-refundable fee that makes your reservation eligible for Andes' accidental damage protection program ("ADP Program"), at Andes' discretion. If applicable, the ADP Fee will be included in your "Total Cost of Stay" and may or may not appear as a separate line item charge, depending on the capabilities of the booking platform. The ADP Program covers, as determined in Andes' sole discretion, up to $1,500 in aggregate toward expenses to repair damage to or replace loss to the Accommodation per booking or its contents caused by you or your invitees that exceeds normal wear-and-tear, provided that such damage is not due to pets, smoking, occupant counts exceeding the reservation maximum, tampering with devices, or other intentional, reckless, or grossly negligent violations of this Agreement, any House Rules, and/or the law. You remain responsible for any damage, repair, or replacement expenses which: (i) Andes determines in its sole discretion do not meet the requirements for coverage under the ADP Program; or (ii) exceed $1,500 in aggregate after exhausting coverage under the ADP Program.

CHARGEBACKS

Chargebacks occur when a customer makes a purchase with his or her credit card, receives the merchandise or services rendered, then files for a chargeback. This act is considered fraudulent. You agree to not participate in any fraudulent behavior such as dishonest chargebacks. In the event of a fraudulent chargeback, you understand that you will be held fully responsible and liable for any and all collection costs, interest fees, and attorneys' fees.

CANCELLATION AND REFUND POLICIES

Cancellation policies may vary subject to the platform that the reservation is booked on. We abide by the cancellation policies listed on third-party platforms – please see listing for additional details. In the absence of third-party cancellation policies, we will follow the refund policies listed in the Appendix.

AMENITY REFUND POLICY

Andes does not grant refunds for amenity concerns, including but not limited to, issues with pool heating, hot-tubs, appliances, internet connectivity, or central air systems.

FORCE MAJEURE

Andes is not liable for any reservation modifications or cancellations due to, but not limited to, events beyond Andes' reasonable control, including acts of God, inclement weather, internet or cable connectivity issues, government-declared evacuations or controls, pandemic or other public health emergencies or restrictions, civil unrest, delays or inaccessibility caused by fire, flood, storm, earthquake, and beyond. There will be no refunds for circumstances that fall under this clause.

CANCELLATIONS BY ANDES

In the rare event that we cancel your stay, for reasons including but not limited to, maintenance, safety concerns, inaccessibility, accidental double-booking confirmations, system errors, regulatory changes, or property owner issues, we will do our best to provide a substitute comparable property unit. You may choose to stay at the substitute location, or you may choose to process a full cancellation and refund. If all our properties are fully booked and there is no available comparable property unit, we will notify you at our earliest convenience and provide a full refund of all payments made.

RESERVATION CHANGE POLICIES

Changes to reservations may differ by geography, and follow the policies listed in the Appendix.

PROPERTY RULES

  1. You acknowledge all Property Rules and Accommodation-specific rules provided in a Guest Manual or property listing, are in addition to any set forth in this Rental Agreement. These rules are enforced at all Andes properties.
  2. Any violation of ordinances, HOA rules, or regulations may result in immediate removal from the Accommodation, cancelation of your reservation, and fines.
  3. You agree to use reasonable care in securing the Accommodation and your belongings within the Accommodation, including locking all windows and doors when leaving the Accommodation.
  4. You agree to be respectful of neighbors and to not engage in any disrespectful, disruptive, or rude behaviors.
  5. Pets are not allowed unless Accommodation listing permits and agreed to prior to booking. All pre-approved pets are subject to a fee and additional deposit. If an unauthorized pet is on the property, you are in breach of this Agreement and will be fined up to $150 per day, plus associated deep cleaning costs, your reservation may be canceled, and you may be removed from the Property. Service animals will be allowed as required by law, subject to Andes' policies. Damage or additional cleaning attributable to animals will be charged to you. All pets and animals must be fully vaccinated, non-aggressive, free of fleas and ticks and fully house trained.
  6. No smoking of any kind is permitted anywhere on the premises (including outdoor spaces of the properties). The reservation holder will be charged up to a $500 fee for additional cleaning and other related costs attributable to smoking. If smoking results in Damages greater than $500, the guest will be responsible for paying the full cost of those Damages.
  7. The Accommodation will be delivered in professionally cleaned condition. Andes does not provide nightly housekeeping. For bookings longer than 20 nights, Andes requires a mid-stay clean after every 14 days. You may request to schedule additional mid-stay cleanings for an additional fee by contacting Andes Customer Support.
  8. All Guests agree to refrain from any illegal, nuisance, hazardous, or otherwise dangerous activities.
  9. All Guests agree to not make any physical alterations at the Accommodation.
  10. All Guests agree that no occupant will possess or have present firearms or other dangerous weapons at the Accommodation. Guests may not engage in violent behavior including fighting at the Accommodation.
  11. All Guests agree that fireworks of any kind are prohibited at the Accommodation. Guests will not allow any hazardous or flammable materials to be at the Accommodation other than firewood, charcoal, or propane specifically designated for grills or fireplaces. Failure to obey this rule may result in a charge of up to $1,000 payable to Andes, immediate removal from the Accommodation, cancelation of the reservation, charges for any Damages caused, and Guests will be responsible for any Damages resulting from the use of hazardous or flammable materials.
  12. Using swimming pools, spas, docks, hot tubs, and other water features including related equipment may be dangerous. Do not dive into pools or hot tubs, only walk when near pools do not run or jog or jump, do not use glass containers in or near water amenities, do not use water amenities when intoxicated, do not use water amenities alone, do not allow children to be unattended when they may gain access to any water amenity. When not in use, the spa/hot tub must be covered at all times. If the spa/hot tub lid is left open, Guests will be charged up to a $100 fine payable to Andes.
  13. No commercial activity including commercial photography is permitted on the Accommodation unless express authorization is obtained at least 48 hours in advance. Should you or your registered guests video/audio record or take photographs for commercial purposes without written permission from Andes, you will be in breach of this Agreement and may be removed from the Accommodation immediately without refund. Should such unauthorized recording(s) or photo(s) be distributed for commercial purposes, you will forfeit to Andes all proceeds, royalties, and/or revenue received from such distribution and will use all efforts to remove the unauthorized recording(s) and/or photograph(s) from distribution.
  14. Use of any charcoal or propane grills, cookware, or other equipment is not permitted anywhere on the premises unless express authorization is obtained prior to use.
  15. You agree not to tamper with any technology and amenity setups you find at the Accommodation, including electrical lines, plug-ins, device set-ups, HVAC systems, pool or hot tub systems, without our permission.
  16. The HVAC thermostat may not be set to a temperature below 70 degrees or above 78 degrees at any time during reservations.
  17. All Guests agree to abide by any parking instructions and restrictions stated on the listing and in the check-in instruction manual. Guest is responsible for adhering to and paying any penalty related to all local parking restrictions and HOA rules.
  18. Guests are not permitted to exceed the authorized guest count for each Accommodation under any circumstances – this includes both authorized and unauthorized guests irrespective of whether they are an overnight guest. If you exceed the maximum occupancy of the Accommodation, you will be liable for and pay a fee of up to $250 per person per day for every individual person over occupancy.
  19. In detached Accommodations, including single family homes and townhouses, all trash must be taken out and placed in trash bins. If its is not possible to place the trash in the bins, please notify Andes and we will provide instruction of where to place the trash. Depending on the location, trash is picked up either daily or weekly; if the bins are full please let our Customer Support team know.
  20. In apartment / condo Accommodations, trash can be emptied using the building trash chute where available. Check your guest messages, the Guest Manual or with our Customer Support team to learn where the room containing the trash chute is located.
  21. Upon departure, Guests must leave all keys, access fobs, other entry hardware at the Accommodation or deliver these items to a pre-determined location detailed on a specific basis by the Accommodation. The guest may not take any materials from the Accommodation other than specific guest gifts that they have been specifically notified of prior to departure. The Guests must vacate all parking or storage areas of their or other occupant's belongings.
  22. You agree to make best efforts to contact an Andes agent at your earliest convenience should any issues arise during your stay.
  23. Andes is not responsible for any packages shipped or delivered to a Guest at an Accommodation before, during, or after the dates of the reservation.

EVENTS/PARTIES

Andes properties may not be used for any unauthorized and unregistered events and/or parties. A gathering may be defined as a party herein if (a) the number of guests on the Accommodation exceeds the maximum allowed guest count, (b) the noise level rises beyond what is reasonable dependent on the neighborhood and time of day, if specific Accommodation noise information is not provided then quiet hours are enforced from 9pm to 8am, (c) there is a violation of local regulations or HOA bylaws, or (d) the actions of Guests are disruptive to neighbors.

PROPERTY REGULATIONS

You agree to comply with all applicable federal, state and local rules, laws, regulations, codes, and covenants related to your occupancy on the Accommodation. If applicable, you further agree to comply with any bylaws and regulations of governing homeowners associations ("HOA"). You will be held liable for any fines imposed by local authorities or by the HOA for violations. Violations of local ordinances or HOA bylaws may be subject to immediate cancellation and notice to vacate. Andes will not honor any refunds for cancellations due to regulation violations.

ANTI-DISPARAGEMENT

You agree not to take actions that may result in an injury to Andes's reputation, including but not limited to, endorsement of untrue statements, publishing of untrue statements, making disparaging remarks about Andes or any of our employees and agents. This clause applies to any verbal, written, or online communications.

SECURITY MEASURES

You acknowledge and understand that properties may be monitored 24/7 by video electronic surveillance for exterior security. You further acknowledge that properties may contain smoke detectors, fire alarms, security alarms, or sound level monitoring units. You consent to our use of these devices and agree not to interfere with the use of these features by us. You understand that interference use includes the tampering, disabling, unplugging, location switching, or removal of any of these devices. We reserve the right to the full use of any and all of these features.

TRANSIENT OCCUPANCY

All Guests are renting our properties as transient occupants for the predetermined number of days. Andes retains the full possessory, access and legal rights to the Accommodation. This Agreement is not to be construed as a lease and a reservation or stay at one of our properties does not create a landlord-tenant relationship for either party. As such, Andes and its agents retain the right to enter the Accommodation, at any time, with reasonable notice, for maintenance, repairs, alterations, improvements, to supply services, to ensure Guests' compliance with policies, or in the event of any violations or emergencies.

HOLDOVER CLAUSE

By booking a stay with us, you acknowledge the predetermined check-out date and agree that you will not stay past the check-out date and time without prior authorization from us. In the event that you or any guests stay on at the Accommodation beyond the agreed upon date and time, we reserve the right to require you to vacate immediately. A notice to vacate may be given in writing or via any in-person or online communication systems (including sms text and phone call). You will be given a sixty (60) minutes grace period to vacate the premises and remove all your personal belongings upon the notice to vacate. Once the grace period lapses, we are entitled to utilize any manner consistent with the applicable law to remove you, any guests, and any personal belongings from the Accommodation, including but not limited to, the use of law enforcement. In a holdover situation, Andes will not be held liable for the loss or damage of any personal items. Furthermore, you will be liable for any fees expended in the vacate process, the lost profits from cancelled and/or modified reservations, the cost of providing alternative housing for those displaced due to your holdover, and an additional charge of two (2) times the undiscounted daily rate (not prorated hourly) for each day of holdover beginning on the scheduled check-out date.

LATE CHECK-OUT POLICY

In the event that you wish to do a late check-out, please contact Andes Customer Service with as much notice as possible. We do not guarantee late check-out availability but may grant the request on a case-by-case basis. Any unauthorized late check-outs will be subject to a penalty fee of an additional half-day stay at the listed daily rate.

LOST AND FOUND ITEMS POLICY

In the event that a guest leaves personal items behind, and wishes the item to be returned, the guest must pay 100% of all shipping and handling costs, and a convenience fee of up to $25 to Andes, charged at our discretion.

ASSIGNMENTS AND SUBLEASES

No assignments or subletting of the Accommodation is allowed.

CONFLICTS WITH THIRD-PARTY AGREEMENTS

Andes offers short-term rental listings on third-party platforms, including but not limited to AirBnb and VRBO. This Agreement applies equally to any bookings made through authorized third-party platforms. You may be required to enter into additional agreements and waivers from the third-party platforms. If there is a conflict between a third-party platform agreement and this Agreement, the terms of the third party platform agreement will control and supersede any conflicting terms in this Agreement.

WAIVER OF LIABILITY

You agree that Andes shall not be liable for the loss and/or damage of any personal property of any Guest, or any persons invited by a Guest into the Accommodation, including vehicles. Andes does not insure against losses or damages for any real or personal property not owned by Andes due to theft, vandalism, criminal or negligent acts. Under no circumstances shall Andes be liable to any Guest or any other persons under this Rental Agreement for any indirect, incidental, consequential, exemplary or punitive damages.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Andes, its employee and agents, from any and all claims, damages, causes of action, fines, penalties, judgements, costs and expenses (including attorneys' fees and court costs), arising from or in connection with (i) any breach or violation by any Guest of the terms and conditions of this Agreement, (ii) any damage to the Property arising during or as a result of your stay in the Accommodation, and (iii) the negligence, gross negligence or willful misconduct of any Guest, and of your visitors, contractors and invitees, and / or (iv) any third party claims of property damage or personal injury resulting from your actions or inaction in booking or occupying the Accommodation ("Claims"); provided however, that your obligation to indemnify Andes will not apply to Claims if and to the extent arising from Andes' gross negligence or willful misconduct.

ANDES ASSIGNMENT

Andes may assign this Agreement or any of its rights and duties under this Agreement, at any time without limitation.

INTELLECTUAL PROPERTY RIGHTS AND LICENSE

The Andes website ("Website") and all the information, content and images ("Content") found on the website or listed under third-party platforms provided by Andes are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Website and services provided by us is solely for personal noncommercial use.

You may not use the Website or any Content available on the Website or on third-party platforms in a manner that constitutes an infringement of our intellectual property rights or that has not been authorized by us. Unless explicitly authorized by us, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, reverse engineer, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Website.

You agree not to use any of our Content to disparage us or the products and services we provide in a manner that damages any goodwill. You forfeit any rights to use our Content for your own commercial purposes. You agree not to scrape, crawl, or employ any automated means to extract data from Andes.

LEGAL DISPUTES AND SEVERABILITY

Unless otherwise required by the law of the jurisdiction in which the Accommodation is located, this Agreement shall be governed by the laws of the Accommodation location, without regard to its conflict-of law provisions. You agree that all disputes arising from or relating to this Agreement, including without limitation disputes involving a third party, will be resolved by binding arbitration using the English language, administered by the American Arbitration Association or International Centre for Dispute Resolution. Furthermore, you hereby expressly waive the right to trial by jury, to participate in a class action/class arbitration, or to participate in any related claims brought in a private action. You understand and agree that any arbitration proceeding will be held in the county where the Accommodation is located. In any arbitration proceeding arising from this Agreement, the arbitrators may not change, modify, or alter any express condition, term or provision of the Agreement.

In the event that any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court or other judicial tribunals, the remainder of the Agreement is to survive in full force and effect as if the provision held to be invalid, illegal, or unenforceable was not part of the Agreement. In the event that the invalid, illegal, or unenforceable provision materially alters the Agreement in its entirety, all indemnity and monetary obligations under this Agreement shall survive until satisfied.

COVID-19 SAFETY ACKNOWLEDGEMENT, LIABILITY WAIVER AND RELEASE

All Guests acknowledge and understand that there are health concerns and dangers inherent in staying at a lodging facility after the emergence of the COVID-19 virus. All Guests assume the risk of possible exposure to the risk of illness, death, and/or contraction of COVID-19. Any measures taken to prevent and reduce the spread of COVID-19 will be borne by you. You agree to release Andes from any and all liabilities arising from COVID-19 and its related concerns.

APPENDIX

CANCELLATION POLICY

We abide by the cancellation policies listed on third-party platforms – please see listing for additional details. In the absence of third-party cancellation policies, we will follow the refund policies listed below, depending on the market in which the Accommodation is located.

For properties in the US:

We provide a full refund for reservations canceled up to thirty (30) days prior to the check-in date. A full refund may be given if cancellation occurs within 48 hours of booking and is more than 14 days from check-in date. For cancellations between 7 and 30 days prior to check-in, we will refund 50% of the total reservation amount. For cancellations less than 7 days prior to check-in, no refund will be provided. We do not honor cancellation and refunds for any delayed travel plans, flight cancellations, personal emergencies (including health issues and concerns regarding COVID-19), and any weather circumstances.

For properties in Chile:

We provide a full refund for reservations canceled up to fourteen (14) days prior to the check-in date. A full refund may be given if cancellation occurs within 48 hours of booking and is more than 14 days from check-in date. For cancellations between 7 and 14 days prior to check-in, we will refund 50% of the total reservation amount. For cancellations less than 7 days prior to check-in, no refund will be provided. We do not honor cancellation and refunds for any delayed travel plans, flight cancellations, personal emergencies (including health issues and concerns regarding COVID-19), and any weather circumstances.

RESERVATION CHANGE POLICY

We abide by the reservation change policies listed on third-party platforms – please see listing for additional details. In the absence of third-party reservation change policies, we will follow the policies listed below, depending on the market in which the Accommodation is located.

For properties in the US:

Changes to reservations requested with more than thirty (30) days prior to the check-in date may be allowed at Andes' discretion at no additional cost, subject to availability. For changes between 7 and 30 days prior to check-in, we will assess an administrative fee of 25% of the total reservation amount due immediately, subject to availability. Changes less than 7 days prior to check-in will not be allowed, and the reservation will be considered canceled according to our standard cancellation policy.

For properties in Chile:

Changes to reservations requested with more than fourteen (14) days prior to the check-in date may be allowed at Andes' discretion at no additional cost, subject to availability. For changes between 7 and 14 days prior to check-in, we will assess an administrative fee of 25% of the total reservation amount due immediately, subject to availability. Changes less than 7 days prior to check-in will not be allowed, and the reservation will be considered canceled according to our standard cancellation policy.

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