General Terms and Conditions (GTC) between Lake Chapala Rentals by Owner and Advertisers
These terms and conditions of business shall always and exclusively apply to the contractual relationship between Lake Chapala Rentals by Owner, branch office, Carr. Chapala-Jocotepec #159 C-221, San Antonio Tlayacapan, Jalisco Mexico 45915, represented by the managing director Donald Stordahl and advertisers, even if they are no longer specifically referred to in individual transactions. Any terms and conditions of the advertiser do not apply.
2. Subject matter of contract / service
The subject matter of the contract is the provision of advertising space to the advertiser on the online portal https://www.LakeChapalaRentalsbyOwner.com for the rental of accommodations including the provision of contact possibilities between the advertiser (e. g. landlord) and potential tenants (e. g. guests) as well as the advertising of the offers by Lake Chapala Rentals by Owner.
The subject matter of the contract is not the brokerage of rental relationships / contracts for accommodations or bookings. In particular, Lake Chapala Rentals by Owner will not become a contracting party in the contractual relationship between the advertiser (e. g. landlord) and tenants of accommodations (e. g. vacationers / guests). The advertiser assures to have all necessary permits for renting.
3. Conclusion of a contract
In order to place a paid ad, Lake Chapala Rentals by Owner and the advertiser must conclude an advertising agreement. The contract is concluded by registering the publication of an advertisement via the provided order process and paying the corresponding fees. If a natural person registers for a company, he or she declares that he or she is authorised to represent the company in question.
4. Advertisement Prices
The prices of the advertisements are valid according to the price list, which can be viewed at https://www.LakeChapalaRentalsbyOwner.com. The prices are displayed to the advertiser before sending his order. The payment modalities are based on the current terms and conditions of Lake Chapala Rentals by Owner and can be found on the online portal https://www.LakeChapalaRentalsbyOwner.com.
5. Contract period, termination
The ad space is booked for a period of 12 months and is automatically terminated at the end of the booking period. If one of the parties terminates the concluded contract in an ordinary or extraordinary manner, this shall not affect the obligation to pay the agreed remuneration. If the advertiser does not make use of his or her right to the advertising space provided by Lake Chapala Rentals by Owner despite the behaviour of Lake Chapala Rentals by Owner as stipulated in the contract, he or she is nevertheless obliged to pay the agreed remuneration; there will be no refund.
6. Rights and obligations of Lake Chapala Rentals by Owner
Lake Chapala Rentals by Owner will provide the advertiser with access to and storage space on the online portal https://www.LakeChapalaRentalsbyOwner.com and advertise the portal. In order for the advertiser to be able to advertise his accommodation, Lake Chapala Rentals by Owner will provide him with access to the landlord area of the booking portal, where the advertiser can upload pictures and texts.
Lake Chapala Rentals by Owner will update the data provided by the advertiser in its database and publish it on the online portal https://www.LakeChapalaRentalsbyOwner.com. Periods of performance are non-binding. The performance period shall be reasonably extended in the event of unforeseen hindrances which Lake Chapala Rentals by Owner cannot prevent despite reasonable care taken in the circumstances of the case, e. g. a total or partial failure of servers or subcontractors for which Lake Chapala Rentals by Owner is not responsible. In such a case, Lake Chapala Rentals by Owner may withdraw from the contract. In this case, Lake Chapala Rentals by Owner shall not be entitled to claim damages in lieu of performance or compensation for damages due to default if Lake Chapala Rentals by Owner has informed the advertiser of the impediments to performance without delay.
Lake Chapala Rentals by Owner endeavours to reproduce the photos in the advertisements as true to the original as possible. However, the advertiser is aware that there may be deviations from the original image. In addition, the provider may edit photographs, e. g. adjust the image size or brighten them, etc.
7. Rights and obligations of the advertiser
By uploading photos / images the advertiser confirms, guarantees and agrees that he owns the copyright or corresponding right of use for these photos / images. Furthermore, the advertiser agrees that Lake Chapala Rentals by Owner may use the uploaded photos / pictures on its online portal. The Advertiser grants a non-exclusive, worldwide, irrevocable, unconditional, perpetual right limited to the term of the Advertisement Agreement and such a free license to use, reproduce, display, distribute, sublicense, communicate and make available the photos / images at the discretion of Lake Chapala Rentals by Owner. Lake Chapala Rentals by Owner excludes any responsibility or liability for the uploaded photos. The advertiser shall indemnify Lake Chapala Rentals by Owner from any liability vis-à-vis third parties.
The advertiser warrants that the photos / images do not contain viruses, Trojans, infected files, pornographic, illegal, obscene, offensive, inadmissible or inappropriate content / materials and that they do not infringe any rights (e. g. intellectual property rights, copyrights, data protection rights) of third parties. Photos / images that do not meet the above criteria will not be published and / or may be removed / deleted by Lake Chapala Rentals by Owner at any time without prior notice.
The advertiser is responsible for the content of the description of the accommodation / property.
The advertiser is obliged to check his offers for legal admissibility, i. e. in particular for violations of competition, trademark or other trademark rights, as well as the personal rights of third parties before placing them.
By submitting the content to Lake Chapala Rentals by Owner, the advertiser agrees to its use by Lake Chapala Rentals by Owner in any form whatsoever in the publication of the offer.
In order to use our service, the advertiser agrees to provide truthful and complete information about himself / herself in accordance with the registration form and, if necessary, to update this registration data in order to keep it up to date at all times. If the information provided by the advertiser is incorrect or incomplete, Lake Chapala Rentals by Owner is entitled to delete the entry temporarily or completely.
The forms provided by Lake Chapala Rentals by Owner may only be used to the extent intended. In particular, the advertiser is not allowed to advertise several accommodations in one offer or to change the offer in such a way that a different holiday accommodation can be offered if the advertiser has not booked the corresponding additional service or service offer.
The advertiser, for his part, undertakes to comply with the provisions of data protection law, in particular to comply with the obligations to inform the tenants and to comply with the legal requirements for the collection, storage and use of data.
The information used by Lake Chapala Rentals by Owner to provide the services is based on the information provided by the advertiser to Lake Chapala Rentals by Owner. The advertiser is therefore solely responsible for ensuring that the prices, availability and other holiday accommodation information listed on the online portal is kept up to date at all times. Although Lake Chapala Rentals by Owner is very careful and conscientious in the execution of the services, Lake Chapala Rentals by Owner cannot verify and guarantee that all information is accurate, correct and complete, nor can Lake Chapala Rentals by Owner is not responsible for errors (including obvious errors or typographical errors), interruptions (due to a temporary and / or partial failure, repair, update or maintenance work on our website or for any other reason), inaccurate, misleading or untrue information or failure to provide the information. Each advertiser is always responsible for the accuracy, completeness and correctness of the information (including prices, availability and availability of the holiday accommodation) on the online portal.
Lake Chapala Rentals by Owner accepts no liability for any damage of any kind whatsoever that may occur before, during or after a holiday home rental.
8. Withdrawal from the contract
If Lake Chapala Rentals by Owner becomes aware that the information provided by the advertiser in the context of the advertisement concerning his person or the holiday accommodation advertised by him is incorrect, in particular that the advertiser offers holiday accommodation in the advertisements in respect of which he is not entitled to dispose, Lake Chapala Rentals by Owner is entitled to withdraw from the contract.
9. Limitation of liability
Lake Chapala Rentals by Owner is not liable for slightly negligent breaches of duty, provided that these do not relate to essential contractual obligations, damages resulting from injury to life, limb or health or claims arising from the Product Liability Act. The same applies to breaches of duty by vicarious agents.
In the event of a gross breach of duty, Lake Chapala Rentals by Owner shall only be liable up to the amount of the foreseeable damage, which should be prevented by the breached obligation. In the case of liability due to slight negligence pursuant to para. 1, liability shall be limited to the foreseeable damage typical for this type of contract. The limitations of liability shall also apply in favour of the legal representative, managerial staff or vicarious agents.
10. Jurisdiction and substantive law
Chapala, Jalisco is agreed to be the place of jurisdiction for all disputes arising from transactions based on these terms and conditions with merchants, legal entities under public law and special funds under public law. Notwithstanding this, Lake Chapala Rentals by Owner has the right to sue the business partner at his registered office. Exclusively the laws of the state of Jalisco, Mexico is authoritative.