Terms and Conditions

When you use the Wikén Host platform you agree to the following terms and conditions. These enforceable agreements guide your relationship with Wikén Host, LLC, its products and services. Please read these Terms and Conditions carefully. If you have questions, please direct them to [[email protected]].

  1. Scope

These Terms and Conditions (“Terms”) are an enforceable agreement constituted between you and Wikén Host, LLC, as a legal entity, as well as its products and services. While using the platform, or the derived products or services, you agree to the guidelines and rules, as well as to the limited liability notices, written in these Terms. Your access and continued use of the platform, regardless of your subscription or your status as a Guest, Host, Service Provider, distributor or consultant, represent your consent to abide by these Terms. These Terms apply to natural and juridical persons (people and corporations).

  1. Definitions

Guests- Guests are people, natural or juridical, who register as Members to book listings, request services or products offered by Hosts and Service Providers through the platform. Guests are responsible for people within their party, regarding actions that could impact the property, their relationship with Hosts and Service Providers.

Hosts- Hosts are property owners or people authorized by the owner to act on their behalf to carry out transactions regarding property management, short term rentals, and properties listed. Wiken Host, LLC, reserves the right to request proper documentation to establish the condition of Hosts who want to become Members.

Members- Members are people, natural or juridical, with accounts under Wiken Host, LLC platforms. Members accept the Terms and Conditions when they sign up to the platforms, services or products offered by the company and must abide by these policies and applicable fees. Member accounts to be used by Hosts, Guests, or Service Providers, are property of Wiken Host, LLC, and may be modified, suspended or cancelled by the entity.

Service Providers- Service Providers include all individuals and entities who offer special services to Hosts and Guests through the Platform, such as private photographers, chefs, tour guides, and other services directed to maintain the property and ensure the Guests experience. 

  1. Services provided

Wikén Host is a limited liability company organized under the laws of Puerto Rico. Its mission is to provide seamless, comprehensive and effective management services for vacation rentals in Puerto Rico. Wikén Host ensures that the relationship between Hosts and Guests result in simplified and maximized revenues and a positive vacation experience. Basic services include listing optimization, guest support, booking, cleaning and maintenance management, as well as reporting systems that guarantee Hosts transparency and understanding of the administration of the property. Other services, to be contracted by Hosts, may include professional photos, shopping runs, social media management as well as connecting Guests with private contractors who perform transportation, entertainment, culinary and hospitality activities, among other similar offerings. 

  1. Ownership of property

Wikén Host, LLC does not own properties available for rent through the platform. Besides connecting Host and Guests to ensure closing the short rental agreement and services booked through the platform, we are not responsible for any situation regarding the ownership, rental, offering, or upkeep of the Property, including breach of contract, insurance and property tax related issues. Wikén Host, LLC, will not disclose confidential information regarding properties or their Hosts.

  1. Member Accounts 

Wikén Host, LLC requires Members to register, open an account, and abide by these Terms and Conditions, as well as to additional Terms and Conditions, posted in the platform and relevant to that section. Members are responsible to provide true, accurate and up-to-date information. Wikén Host LLC maintains privacy protection protocols. Yet, there is a responsibility of all Members to protect their data and log in information. Wikén Host, LLC, will never e-mail or call Members to ask for their passwords. 

The account is property of Wikén Host, LLC. Accounts cannot be transferred without the written consent of Wikén Host, LLC. At any moment, we may monitor the account to ensure that no malicious activity is being carried through the platform. In cases of reasonable suspicion of misconduct, such as fraud or reports of improper conduct, Wikén Host, LLC reserves the right to suspend or close the account. 

  1. Suspension or Cancellation of Accounts

Suspension of Wikén Host, LLC accounts for Hosts will make the listing temporarily unavailable. Confirmed bookings will remain but no future booking will be allowed until the situation is resolved. Cancellation of Hosts accounts will result in automatic cancellations of any confirmed booking. Guests will receive a full refund.  Members whose membership has been cancelled will not be able to create new accounts.

Guest accounts could also be suspended or cancelled due to improper conduct, fraud or malicious activity. Arbitrary cancellation of bookings, improper communications, or suspicion of bad faith in transactions may lead to Wiken Host, LLC removing access privileges to Guests.

  1. Identity and good faith

Wikén Host, LLC, acts with good faith to ensure that listings are offered by people with authority to do so, and that all Members are of legal age. We require all Members to provide true and correct information. Under particular circumstances, Wikén Host, LLC reserves the right to require additional documentation to prove identity and authority over a property. Yet, we are not responsible for incorrect or false information offered by third parties. While using the platform, its products and services you should be cautious. Any incorrect or improper conduct should be reported immediately to Wikén Host, LLC at [[email protected]].

  1. Contact

Members agree to be contacted by Wikén Host, LLC, through phone, mail, or email regarding listings, administration or offerings. There is a primary responsibility to keep contact information up to date. Members may opt out of promotional communications, by writing to [[email protected]].

  1. Listings

Once registered, Members who are Hosts can post their listings. All posts should abide by basic requirements such as pictures, descriptions, and a physical address. Members are responsible for providing accurate and true information, as well as their own content. Wikén Host, LLC, will never be responsible for incorrect or false information included in those listings or for media used without authorization or in violation of copyright regulations. We will not be responsible for available dates incorrectly published or bookings incorrectly made. 

Wikén Host, LLC, monitors listings and reserves the right to edit, suspend, hide, or delete a listing for any reason including quality control, inappropriate language or terms, discrimination, as well as any situation that requires so. We are not responsible for listings or content that could not be monitored by our staff. Reports regarding listings may be made through [[email protected]].

Hosts can modify and remove their listings, but removal of listings may not result in affecting bookings already confirmed through the platform. Actions that affect Guests with confirmed experiences may result in refunds or other claims, as further outlined in the Property Management Contract. Wikén Host, LLC will direct complete responsibility over these claims to the Host. Clear communications between parties are encouraged. 

Wikén Host, LLC, may use third party platforms to promote listings. These include other rental administration portals, social media, news outlets, or other mechanisms. The content of the listings is not ours. Yet, members grant Wikén Host, LLC, worldwide, irrevocable, perpetual, exclusive, transferable, royalty-free license, with the right to sub-license, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view and otherwise exploit such content, including any photographs, images, pictures or text. 

  1. Fees

Fees payable to Wikén Host, LLC, depend on the contractual relationship between Members and the company. Please refer to the term and conditions in the specific agreements. 

  1. Terms for Hosts

The Host authorizes the Manager to give and lease the Property described above for short-term rental tenants to use and enjoy. As per local law, short-term rentals are those whose period is shorter than 90 days. 

A service fee will be automatically paid through the booking platform within 24 hours after a guest checks in. This fee applies to all bookings whether they are received through the website or API-connected channels. Additional charges due to hired contractors, cleaning company fees, emergency repairs, unexpected costs, or other fees may be included, as well as charges related to add-ons or the reimbursement of routine expenses. Under no circumstances will the Management fee be accepted in any other shape or form. Tardiness in payment will result in an additional fee equal to 10% of the pending balance. 

The daily rental fee to be charged is payable in whole at the time of booking. The Guest will pay the rent through the platform or similar, as well as other charges, fees, or selected add-ons. Under no circumstances will rent be accepted in any other shape or form. Changes to the rent must be consulted with the Host and convened in writing. 

The Manager is obliged to keep the property in good and adequate condition, which includes inspections, routine repairs and maintenance services, regularly cleaning the property, and ensuring the unit security and the functionality of appliances. The Manager shall maintain and restock everyday cleaning supplies available to Guests during their stays. The Manager shall ensure the Property complies with local safety rules regarding the availability of fire extinguishers, smoke detectors, and other requirements. A cleaning team may be hired by the Manager. 

The Manager shall provide effective and adequate contact information to Guests and be reasonably available to answer questions, requests, and comments on the accommodations and the overall location of the Property.

Restocking supplies, maintenance and repairs are covered by the Host and Overseen by the Manager. The Manager may carry out repairs, changes, and installations on the leased property with the prior written authorization of the Host. The Manager must notify the Host promptly of any defect or risk in the property. If it is required to hire independent contractors or to purchase supplies, the Manager shall seek the written consent of the Host. Reasonable emergency repairs, that cost less than $250.00, are exempt from this clause. The Manager is responsible for overseeing contractors working on the Property. This requires a one-time one-thousand-dollar ($1000) payment to the Manager. Set up costs are destined to the purchase of cameras, smart locks, towels, first-aid supplies, fire extinguisher, exit signs, cleaning supplies and toiletries. 

The Manager may not assign or transfer in whole or in part the rights they acquire under this contract.

The Host understands that the Manager shall not be responsible for any claim or lawsuit arising from the short-term rental agreement, nor will the Manager be responsible for damages, or losses due to major force or negligence in the relationship between Guests and the use of the Host’s property.  If the Manager must appear before a Court due to eviction, breach of agreement, or damages caused by a Guest, the Host will be responsible for all expenses, fees and costs incurred. The Manager agrees to refrain from negligence, discrimination, or other form of improper conduct that may result in legal responsibility or a negative reputation. 

Even after termination of this agreement, the Manager may benefit from images and testimonies created and used to advertise their property management services. 

This is not a joint venture agreement. This agreement does not deprive or affect the right of the parties to rent, buy, invest, manage, operate, advertise, or conduct any other business activity related to rentals, short-term rentals, property management contracts, or any similar project.

The Manager shall advertise and list the Property for short-rental use, creating a description, using pictures, video, and other materials in media outlets, as best understood by the Manager’s experience as a Property Manager. The Host shall approve the main advertisement landing page.

Cancellations motivated by the Host must ensure the prompt rescheduling of pending reservations. The occurrence of more than one cancellation, not due to a Major Disruptive Event or a reasonable cause, may result in the imposition of fees and a ban from the Platform or other services carried out by Wikén Host. Reasonable causes are major damages to the listing, weather events or other emergencies that impact the unit. Cancellations motivated by the Host may carry the imposition of fees and the termination of the relationship between the Host and Wilken Host. The Host shall restrict the scheduling of the Property for personal use.

The Host is responsible for contracting the required licenses and insurance to operate the Property in Puerto Rico. If the Host lacks the necessary insurance, the Manager will obtain information and recommend a cost-effective solution. The Host acknowledges that the Manager is not a licensed insurance agent or broker. The Manager will provide the Host monthly reports on the income and expenses related to the short-term rental of the Property. 

  1. Terms for Guests

The convened rental fee is payable in whole at the time of booking. The Guest will pay the rent through the platform, as well as other charges, fees, or selected add-ons. Additional charges due to hired contractors, cleaning company fees, emergency repairs, unexpected costs, or other fees may be included, as well as charges related to add-ons or the reimbursement of routine expenses. Under no circumstances will the rent be accepted in any other shape or form. Tardiness or issues with payment will result in an additional fee equal to 10% of the pending balance.

A security deposit equivalent to 10% of the total rental price is required and must be paid in full prior to check-in. The deposit serves as security for any damages, losses, or excessive cleaning costs incurred during the Guest’s stay. Upon the Guest’s departure, the property will be inspected by the Wikén Host, LLC or designated representative within 2-3 business days. If the cost of damages exceeds the amount of the deposit, the Guest agrees to pay the remaining balance within 7 days of receiving an invoice. If no damages, losses, or violations of the rental agreement are found, the full amount of the deposit will be returned to the Guest within 2-3 business days following the inspection, via the original payment method. The Guest will be notified via email or phone regarding any deductions made from the deposit, along with an itemized list of damages or issues. The collection of the Deposit does not waive the Administrator or the Host’s right to pursue additional remedies, including legal action, for damages exceeding the amount of the Deposit.

The cancellation terms and conditions applicable to this rental are outlined in every agreement. Guests are encouraged to review this information carefully, as it contains important information regarding refunds, cancellation deadlines, and the rights of both parties. The cancellation policy may vary depending on the nature of your reservation. By booking the listing parties confirm they read, understood, and agree to the cancellation policy.

The Guest shall not assign or transfer in whole or in part the rights they acquire under this contract; likewise, they shall not sublet or assign in whole or in part the use of the leased property. Nor may they dedicate the property to any other use than that agreed upon here. The Guest shall be responsible for any damage to the property that arises during this period.

The Guest must promptly inform the administrator of any issue with the Property. The Manager is obliged to keep the property in good and adequate condition, which includes inspections, routine repairs, maintenance services, regularly cleaning the Property, ensuring the unit is safe and the functionality of appliances. The manager will maintain and restock general cleaning supplies for Guests during their stays. The manager shall ensure the Property complies with local safety rules regarding the availability of fire extinguishers, smoke detectors, and other requirements. A cleaning team may be hired. The Guest is responsible for maintaining the Property in a good state and for light cleaning that protects the Property from damage or unnecessary deterioration.

The administrator shall provide effective and adequate contact information to Guests and be reasonably available to answer questions, requests, and comments on the accommodations and the overall location of the Property.

The Guest may not carry out works, changes, or installations of any kind on the leased property without obtaining the prior written authorization of the Manager. The Manager and Property Host prefer the return of the property in the same form and condition in which it was rented.

The Guest must abide by House Rules included in listings and bookings to avoid the imposition of fees, charges, and negative reviews on the platforms. Also, Guests must abide by good neighborhood conduct, avoiding nuisances or conduct that may harm the community. These include avoiding unnecessary noise during night hours and cleaning after themselves.

Failure by the Guest to comply with one or any of the Terms and Conditions, the clauses of their contract or with any of the house rules, will give the manager the right to declare it terminated even if the short-term rental has not expired. Costs related to legal actions required to ensure the Guest’s compliance under this Agreement will be paid by the Guest.

  1. Communications 

Hosts and Guests may and will engage in direct communication through the platform, with the objective of learning more about specific listings or answering queries about bookings and services. These communications are subject to Wikén Host, LLC monitoring. Improper conduct in these communications may result in suspended or cancelled memberships, as well as other legal consequences. 

  1. Reviews

Members are welcomed and encouraged to write reviews about their experiences with listings and services. Reviews must be accurate and adequate to be posted. Under no circumstance will Wikén Host, LLC allow inflammatory or discriminatory language. 

  1. Trademarks

All trademarks, service marks, domain names, logos and trade names on platform, products or services, whether registered or unregistered, are proprietary to Wikén Host, LLC. or to other persons or entities where so indicated.  You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the owner thereof.

  1. Cancellations

As stated before, cancellation policies vary through listings and Members should ensure listings are accurate about their conditions. Yet, cancellations due to force major or major disruptive events such as catastrophic climate events, could entitle Members to full or partial refunds, as considered on a case-by-case scenario. 

Booking and booking modification are the sole responsibility of Hosts and Guests. When major disruptive events occur or special circumstances, evaluated on a case-by-case scenario, arise, Wikén Host, LLC may provide booking assistance.

  1. Liability

Wikén Host, LLC is a limited liability company. Our responsibility is limited to that of an intermediary between Guests and Hosts. We are not responsible for any damages or claims arising from the relationship between Guests, Hosts, or Third Parties, including the State or State Officials. We are not responsible for breach of contract claims, negligent, malicious or criminal activity conducted by Third Parties. 

When using our platform, services and products, you release and hold Wikén Host, LLC harmless from any and all losses, damages, rights, claims, and actions of any kind, including but not limited to personal injury or property damage, either directly or indirectly related to or arising from your connecting or contracting with such other user. Every Member assumes a reasonable degree of risk when using the platform, products, and services here offered. 

To extent permitted by law, you agree to indemnify, defend and hold  Wikén Host, LLC and its directors, employees, agents, affiliates, insurers and contractors harmless from and against any liability, loss, injury, demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney’s fees, arising out of or in connection with our platform, services, and products. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Wikén Host, LLC and you agree to cooperate in defense of these claims.

  1. Modifications to these Terms

Wikén Host, LLC, can amend these terms at any moment, under any circumstance. Amended Terms will be immediately posted on the platform. Members are responsible for reading the Terms and Conditions in whole.

  1. Interpretation

These Terms will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico. Wikén Host, LLC and you agree to abide to the personal jurisdiction of a state court located in San Juan, Puerto Rico or the United States District Court, District of Puerto Rico located in San Juan, Puerto Rico for any actions for which the parties retain the right to seek injunctive or other equitable relief.

All proceedings to resolve claims will be conducted only on an individual basis and not in a class, consolidated, or representative action, including without limitation as a private attorney general.

  1. Entire agreement

These Terms constitute the entire agreement between you and us with respect to our relationship. They supersede all prior or contemporaneous communications (whether electronic, oral, or written) between you and us.

  1. Contacting us

We encourage Members to contact us via [[email protected]].