Tucasa Terms of Use

Part I — General Terms

These General Terms apply to all users of the Sites, whether you are a Host, a Guest, or a visitor.

1. About Tucasa

Tuscasa Group LLC (“Tucasa,” “we,” or “us”) operates staytucasa.com and any other websites linking to these Terms of Use (each, a “Site” and collectively, the “Sites”). Through the Sites, Tucasa operates an online marketplace that connects property owners, managers, and other accommodation providers (“Hosts”) with individuals seeking to book short-term luxury accommodations (“Guests”). The Sites include all related tools, features, and services (collectively, “Products”). A “Listing” means any property, accommodation, or rental unit listed on the Sites by a Host, including all associated descriptions, photographs, pricing, availability, house rules, and other information. A “Booking” means a confirmed reservation for a Listing made by a Guest through the Sites. “Service Fees” means the fees charged by Tucasa for facilitating Bookings, as further described in Section 14.

2. Tucasa’s Role as a Marketplace

Tucasa is solely a technology platform. Tucasa is not a real estate broker, property manager, landlord, insurer, travel agency, or travel advisor. Tucasa does not own, operate, manage, or control any listed property. Tucasa may, in its sole discretion, conduct a limited initial review or vetting of properties before they are listed on the Sites; however, any such review is limited in scope, is conducted solely for Tucasa’s internal purposes, does not create any ongoing duty to monitor, re-inspect, or update information regarding any property, and does not constitute a warranty, endorsement, or guarantee of any property’s quality, safety, condition, legality, or suitability.

When a Host and Guest complete a booking, they enter into a direct contract with each other. Tucasa is not a party to that arrangement and assumes no obligations or liabilities under it. Any dispute, claim, or disagreement between a Host and a Guest—whether relating to a property, a Booking, payment, damages, or otherwise—is strictly between the Host and Guest. Tucasa has no obligation to mediate, investigate, intervene in, or resolve any such dispute.

Tucasa makes no representations or warranties regarding the quality, safety, legality, condition, accuracy, or availability of any property, Listing (as defined below), Host, or Guest. You are solely responsible for evaluating Listings, verifying the identity and credentials of other users, and complying with all laws applicable to your activities.

Any label such as “verified,” “trusted,” “preferred,” or “luxury-certified” means only that the designated party or property met certain limited administrative criteria at a particular point in time. These designations are not endorsements, guarantees, or warranties of any kind. Reliance on them is at your own risk.

3. Acceptance of Terms

By accessing or using the Sites, you agree to be bound by these Terms of Use and our Privacy Policy at staytucasa.com/privacy. If you use the Sites on behalf of a business or entity, you represent that you have authority to bind that entity, and “you” includes both you and that entity. You represent that you are of legal age to form a binding contract.

Do not use the Sites if you do not agree to these Terms.

4. Changes to These Terms

Tucasa may update these Terms at any time. Changes become effective upon the earlier of (a) your first use of the Sites after actual notice, or (b) 30 days after posting. For material changes, we will make reasonable efforts to notify you (e.g., by email or on-screen notice). Disputes are governed by the version of the Terms in effect when the dispute arose.

5. Account Access and Security

To access certain features, you must create an account with accurate, current, and complete information. In addition, Guests must complete identity verification as set forth in Part III, Section 6 (Identity Verification) as a condition of completing any Booking. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify Tucasa immediately of any unauthorized access. Tucasa may disable any account at any time in its sole discretion.

6. User Content

The Sites may allow you to post reviews, comments, photos, videos, and other materials (“User Content”). You retain ownership of your User Content but grant Tucasa a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicensable license to use, reproduce, modify, adapt, translate, display, distribute, perform, create derivative works from, and otherwise exploit your User Content in any media and format now known or later developed, including for purposes of operating, promoting, advertising, and marketing the Sites and Tucasa’s business, syndicating content to third-party platforms and distribution partners, and training machine learning or artificial intelligence systems. This license continues even if you stop using the Sites or delete your account.

You represent and warrant that: (a) you own or have obtained all necessary rights, licenses, consents, and permissions to grant the license in this Section, including rights from any photographer, videographer, or other creator of User Content; (b) your User Content does not infringe, misappropriate, or violate any third party’s intellectual property rights, privacy rights, publicity rights, or other proprietary rights; (c) you have obtained all necessary releases, consents, and authorizations from any person depicted in your User Content; (d) your User Content does not contain any material that would require a license from a third party that you have not obtained, including copyrighted artwork, music, trademarks, or other protected content; and (e) your User Content complies with these Terms and all applicable laws. Tucasa is not obligated to use, review, verify, or respond to any User Content, and Tucasa’s use of User Content does not constitute approval or verification of the rights represented herein.

7. Content Standards

User Content must not:

• Be defamatory, obscene, abusive, hateful, violent, sexually explicit, or otherwise objectionable (as determined by Tucasa);
• Promote discrimination based on any protected characteristic;
• Violate any person’s legal rights, including intellectual property, privacy, or publicity rights;
• Impersonate any person or entity or misrepresent affiliation;
• Contain unlawful material or promote illegal activity;
• Involve unauthorized commercial activity; or
• Conflict with these Terms or applicable law.

Tucasa may remove or refuse any User Content at its sole discretion, without prior notice and without liability. Tucasa may cooperate with law enforcement regarding illegal content. Tucasa does not pre-screen User Content and does not endorse any User Content.

8. Prohibited Uses

You may not use the Sites to:

• Violate any applicable law or regulation;
• Exploit, harm, or attempt to harm minors or any other person;
• Transmit advertising or promotional material not expressly permitted;
• Impersonate Tucasa, its employees, or any other person or entity;
• Restrict or inhibit anyone’s use of the Sites; or
• Provide services to third parties on a service-bureau basis.

You also may not:

• Overburden, damage, or impair the Sites;
• Use automated means (bots, spiders, scrapers) to access or monitor the Sites;
• Introduce viruses, malware, or other harmful code;
• Attempt unauthorized access to the Sites or connected systems; or
• Launch denial-of-service or other attacks against the Sites.

9. Intellectual Property

The Sites and all Site Content, including text, software, images, video, audio, design, and arrangement, are owned by Tucasa or its licensors and protected by copyright, trademark, and other laws. No right, title, or interest is transferred to you. You may access the Sites solely for their intended purpose and may not reproduce, distribute, modify, or create derivative works from any Site Content without Tucasa’s express written consent.

Tucasa’s trademarks, trade names, logos, and trade dress may not be used without Tucasa’s prior written permission. All other trademarks on the Sites are the property of their respective owners. Suspected copyright infringement should be reported in accordance with the Digital Millennium Copyright Act.

10. Third-Party Content and Links

The Sites may contain third-party content or links to third-party websites. Tucasa does not endorse, control, or assume responsibility for any third-party content, sites, or resources. Your use of third-party sites is at your own risk and subject to their terms.

11. Linking to the Sites

You may link to the Sites provided you do so lawfully and without suggesting endorsement by Tucasa. You must not frame or inline-link the Sites or establish links from sites you do not own or control. Tucasa may withdraw linking permission at any time.

12. Privacy and Data Collection

Tucasa may automatically collect information about your use of the Sites. All such information is governed by our Privacy Policy at staytucasa.com/privacy.

13. International Users

The Sites are operated from the United States. If you access or use the Sites from outside the United States, you do so at your own risk and are solely responsible for compliance with all applicable local, national, and international laws, regulations, and customs requirements, including without limitation short-term rental regulations, licensing and permit requirements, consumer protection laws, currency exchange and transfer restrictions, and data protection and privacy laws applicable in your jurisdiction. Tucasa makes no representation that the Sites, their content, or their services are appropriate, lawful, or available for use in any particular jurisdiction outside the United States. Access to the Sites from jurisdictions where their content or services are illegal or restricted is prohibited. Tucasa may, in its sole discretion, limit or terminate the availability of the Sites or any feature thereof in any jurisdiction at any time and without notice or liability.

All prices displayed on the Sites are in U.S. dollars unless otherwise expressly stated at the time of booking. If your payment method is denominated in a currency other than U.S. dollars, you bear all risk of currency fluctuation between the time of booking and the time of payment settlement, and you are solely responsible for all foreign exchange fees, cross-border transaction fees, and any other charges imposed by your financial institution or payment provider in connection with your use of the Sites. Tucasa is not responsible for any losses or additional costs arising from currency conversion or cross-border payment processing.

International users, whether Hosts or Guests, are solely responsible for determining and satisfying all tax obligations imposed by their respective jurisdictions, including without limitation income taxes, value-added taxes, goods and services taxes, withholding taxes, digital services taxes, and any applicable tax reporting requirements. Any collection or remittance of taxes by Tucasa in certain jurisdictions is provided as a convenience only and does not constitute tax advice or relieve any user of their independent obligations under applicable law.

14. Fees, Payments, and Cancellations

Tucasa collects payment from Guests for each Booking. Tucasa retains its Service Fee from the Guest’s payment and remits the remaining balance to the Host per Tucasa’s then-current payout schedule. Any disputes regarding payments, damage claims, or refunds, are solely between the Host and Guest; Tucasa has no obligation to mediate, investigate, or resolve any such dispute. Delays caused by a Host’s inaccurate payout information or by third parties are not Tucasa’s responsibility.

Tucasa charges Service Fees for facilitating Bookings. Guests pay Tucasa the full Booking amount, including all accommodation charges, Service Fees, applicable taxes, and any other applicable charges, at the time of Booking confirmation. Tucasa retains its Service Fee from the Guest’s payment and remits the remaining balance to the Host in accordance with Tucasa’s then-current payout schedule. Service Fee amounts may vary by Booking and are subject to change at Tucasa’s sole discretion.

Payments are processed by third-party processors. Tucasa is not responsible for errors, failures, or delays caused by third-party processors or financial institutions. By booking, you authorize Tucasa to charge your payment method for all amounts due, including accommodation charges, fees, taxes, cleaning fees, deposits, and any damage claims.

Hosts are solely responsible for determining, collecting, and remitting all applicable taxes on their rental activities. Tucasa may collect certain taxes where required by law or at its election, but any such collection is a convenience only and does not relieve Hosts of their independent tax obligations.

If you initiate a chargeback or payment dispute for a charge properly authorized under these Terms, Tucasa may suspend your account, cancel pending bookings, and pursue collection through available legal means. Tucasa may share transaction records with payment providers to contest disputes. A chargeback determination in your favor by a payment provider does not constitute a finding that the charge was improper under these Terms.

Bookings are subject to the cancellation policy selected by the Host and displayed at the time of booking. Tucasa may, in its sole discretion, issue refunds or credits in extenuating circumstances (e.g., documented medical emergencies, government-imposed travel restrictions, or material listing inaccuracies). Any such refund is a one-time accommodation and does not create precedent. Refunds are limited to amounts paid through the Sites. Tucasa is not liable for incidental costs, travel expenses, or consequential damages arising from any cancellation.

15. Disclaimer of Warranties

THE SITES, ALL SITE CONTENT, AND ALL SERVICES—INCLUDING THE SITES AND ALL LISTINGS, ACCOMMODATIONS, AND TRANSACTIONS—ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TUCASA DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TUCASA DOES NOT WARRANT THAT THE SITES WILL BE ACCURATE, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES. TUCASA MAKES NO WARRANTIES REGARDING ANY LISTING, PROPERTY, HOST, GUEST, REVIEW, OR TRANSACTION. THE FOREGOING APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TUCASA AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, USE, ANTICIPATED SAVINGS, OR DIMINUTION IN VALUE, OR ANY REPUTATIONAL HARM, EMOTIONAL DISTRESS, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITES OR ANY LISTING, BOOKING, ACCOMMODATION, OR TRANSACTION, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE, EVEN IF FORESEEABLE OR EVEN IF ANY RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR: (I) ANY ACTS, OMISSIONS, REPRESENTATIONS, OR CONDUCT OF ANY HOST OR GUEST; (II) THE CONDITION, SAFETY, LEGALITY, OR SUITABILITY OF ANY PROPERTY OR ACCOMMODATION; (III) THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY LISTING OR USER CONTENT; (IV) ANY PERSONAL INJURY, ILLNESS, DEATH, OR LOSS OF OR DAMAGE TO PERSONAL PROPERTY OCCURRING AT OR IN CONNECTION WITH ANY PROPERTY; (V) ANY CANCELLATION BY A HOST OR GUEST FOR ANY REASON; (VI) ANY FAILURE, ERROR, OR DELAY BY THIRD-PARTY SERVICE PROVIDERS, PAYMENT PROCESSORS, OR FINANCIAL INSTITUTIONS; OR (VII) ANY THEFT, UNAUTHORIZED ACCESS, OR SECURITY BREACH AT ANY PROPERTY OR ON THE SITES. WHERE LIABILITY CANNOT BE FULLY EXCLUDED, TUCASA’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITES, OR ANY LISTING, BOOKING, ACCOMMODATION, OR TRANSACTION, REGARDLESS OF THE FORM OF ACTION AND WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE SERVICE FEES YOU PAID DIRECTLY TO TUCASA IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THIS CAP APPLIES ON AN AGGREGATE BASIS TO ALL CLAIMS YOU BRING AGAINST TUCASA, NOT ON A PER-CLAIM BASIS, AND APPLIES REGARDLESS OF WHETHER TUCASA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITES OR ANY LISTING, BOOKING, OR ACCOMMODATION IS TO STOP USING THE SITES. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TUCASA, REFLECT A REASONABLE ALLOCATION OF RISK, AND THAT TUCASA WOULD NOT PROVIDE THE SITES TO YOU WITHOUT THESE LIMITATIONS.

17. Indemnification

You agree to defend, indemnify, and hold harmless Tucasa, its affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, and agents (the “Tucasa Parties”) from any claims, liabilities, damages, losses, costs, and fees (including reasonable attorneys’ fees) arising from:

• Your User Content, Listings, or other content you submit;
• Your use of the Sites or any accommodation booked through them;
• Your acts or omissions as a Host or Guest;
• Any injury, illness, death, or property damage at or connected to a property you list or book;
• Any dispute between you and another user;
• Your breach of these Terms or any applicable law; or
• Any third-party claim relating to your platform activities, including tax liabilities.

Tucasa may, at your expense, assume exclusive defense and control of any indemnified claim. You may not settle any such claim without Tucasa’s prior written consent. This obligation survives termination of these Terms.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Subject to the arbitration provision below, you consent to the exclusive jurisdiction of the federal and state courts in Florida and waive any objection to venue.

19. Termination and Suspension

Tucasa may, in its sole and absolute discretion, suspend, restrict, or terminate your account and access to the Sites at any time, with or without notice, and for any reason or no reason, including without limitation if Tucasa believes you have violated these Terms or any applicable law, engaged in fraudulent or deceptive activity, caused harm to Tucasa or other users, filed an improper chargeback, or if suspension or termination is otherwise necessary to protect the integrity, security, or reputation of the Sites or Tucasa’s business. If Tucasa suspends or terminates your account, you may not re-register without Tucasa’s prior written consent. You may terminate your account at any time by contacting Tucasa at help@staytucasa.com, though Tucasa may decline to process closure while any obligations remain outstanding. No Service Fees, Booking fees, or other amounts paid to Tucasa are refundable upon termination or suspension, regardless of the reason.

Upon any suspension or termination: (a) all licenses and rights granted to you under these Terms immediately terminate and you must cease all use of the Sites; (b) any pending Bookings may be cancelled by Tucasa in its sole discretion, without refund or compensation; (c) you remain fully liable for all obligations accrued prior to termination, including Booking obligations, fees, damage claims, and indemnification obligations under Section 17; (d) Tucasa may retain any amounts otherwise payable to you for up to one hundred eighty (180) days following termination to offset potential claims, chargebacks, or other liabilities, with any unapplied remainder released to you thereafter less applicable processing fees; and (e) to the fullest extent permitted by law, Tucasa shall have no liability to you or any third party for any suspension or termination of your account, regardless of the reason or whether notice was provided. All provisions that by their nature are intended to survive termination shall survive, including without limitation Sections 6, 9, 15, 16, 17, 18, 19, 20, 21, and 24.

20. Dispute Resolution and Arbitration

You and Tucasa mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Sites, any Booking, any Listing, or any aspect of the relationship between you and Tucasa, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (each, a “Dispute”), will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or, where applicable, its Commercial Arbitration Rules for business users), as modified by these Terms. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16 (“FAA”), and not by any state arbitration law. The parties agree that the FAA preempts all state laws to the fullest extent permitted. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable (the “Delegation Clause”). This Delegation Clause shall be enforced to the fullest extent permitted by law and shall survive any challenge to the enforceability of this arbitration agreement as a whole. All arbitration shall be conducted on an individual basis only. The arbitrator shall have no authority to consolidate the claims of multiple parties, to conduct any form of class, collective, or representative proceeding, or to preside over any proceeding in which claims are brought by or against a party in a representative capacity. With respect to arbitration costs: (a) if you are a consumer, Tucasa will pay all AAA filing and administration fees in excess of the amount it would cost you to file a claim in the small claims court of your jurisdiction, and Tucasa will pay the arbitrator’s fees and expenses unless the arbitrator determines that your claim is frivolous or brought in bad faith; and (b) if you are acting on behalf of a business entity, each party shall bear its own costs in accordance with the applicable AAA rules.

BY USING THE SITES, YOU AND TUCASA EACH KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR CONSOLIDATED ARBITRATION. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND TUCASA ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING, AND THAT YOU ARE AGREEING TO RESOLVE DISPUTES WITH TUCASA ON AN INDIVIDUAL BASIS ONLY. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE ARBITRATION.

Notwithstanding the foregoing, either party may: (a) bring an individual claim in small claims court, provided the claim remains on an individual basis and in small claims court for the duration of the proceeding; (b) pursue enforcement through an applicable government agency; (c) seek injunctive or other equitable relief in a court of competent jurisdiction in aid of arbitration or to preserve the status quo pending arbitration; or (d) file suit in court to address claims of intellectual property infringement or misappropriation. You may opt out of this arbitration agreement by sending written notice to help@staytucasa.com within thirty (30) days of the date you first accept these Terms. Your opt-out notice must include your full legal name, the email address associated with your account, your mailing address, and an unambiguous, signed statement that you wish to opt out of arbitration under these Terms. Opt-out notices that are incomplete, untimely, or not sent to the designated email address will be ineffective. If you opt out, all other provisions of these Terms remain in full force and effect, and you consent to the exclusive jurisdiction set forth in Section 18. If any court or arbitrator determines that the class action waiver, collective action waiver, representative action waiver, or consolidated arbitration waiver set forth in these Terms is unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be severed and may proceed in court, and the remaining claims shall continue to be subject to arbitration on an individual basis. If the entirety of the class action waiver is found to be unenforceable, then this arbitration agreement shall be void in its entirety as to that Dispute only. All other provisions of these Terms shall remain in full force and effect.

21. Waiver, Severability, Force Majeure, and Entire Agreement

No failure by Tucasa to enforce any provision constitutes a waiver of that or any other provision. If any provision is held unenforceable, it will be limited to the minimum extent necessary, and the remaining provisions will continue in full force.

Tucasa shall not be liable for any failure or delay in performing its obligations under these Terms, and no such failure or delay shall constitute a breach of these Terms, to the extent that such failure or delay is caused by or results from any event or circumstance beyond Tucasa’s reasonable control, including without limitation acts of God, pandemic, epidemic, public health emergency, natural disaster, hurricane, flood, earthquake, fire, storm, lightning, tornado, or other severe weather event; war, armed conflict, invasion, terrorism, sabotage, or civil unrest; any act, order, regulation, or directive of any governmental or regulatory authority, including travel restrictions, shelter-in-place orders, or emergency declarations; labor disputes, strikes, or workforce shortages; failure or unavailability of utilities, electrical systems, or power grids; disruption, failure, or degradation of internet, telecommunications, or other communications infrastructure; cyberattacks, ransomware, denial-of-service attacks, or other malicious interference with Tucasa’s systems or data; failure or nonperformance of third-party service providers, vendors, or suppliers upon whom Tucasa relies, regardless of whether such failure is itself excused; or any other cause or circumstance beyond Tucasa’s reasonable control, whether or not foreseeable or of a similar or different kind to those enumerated above (each, a “Force Majeure Event”).

During the continuance of any Force Majeure Event, Tucasa’s obligations under these Terms shall be suspended to the extent affected. Tucasa shall have no obligation to resume performance by any particular date or within any particular time period, and Tucasa’s determination of when and whether to resume normal operations shall be made in its sole and absolute discretion. Tucasa shall not be liable to any user for any loss, damage, cost, expense, or claim of any kind arising from or related to any Force Majeure Event, including but not limited to loss of revenue, loss of profits, loss of anticipated bookings, costs of alternative accommodations, travel expenses, or any other direct, indirect, consequential, or incidental damages.

Tucasa may, in its sole and absolute discretion, cancel, suspend, modify, or decline to process any Booking or payment that is affected by a Force Majeure Event, without prior notice and without any liability or obligation to any Host, Guest, or other user. No refund, credit, compensation, or other remedy shall be owed to any user as a result of any action taken or not taken by Tucasa in connection with a Force Majeure Event unless Tucasa elects, in its sole and absolute discretion, to provide such relief, and any such election shall not create any obligation or precedent for future Force Majeure Events.

For the avoidance of doubt, the foregoing applies solely to Tucasa’s obligations. No Force Majeure Event shall excuse, delay, or otherwise affect any user’s obligations under these Terms, including without limitation any obligation to make payments for confirmed Bookings, to pay Service Fees, or to indemnify the Tucasa Parties as set forth herein. Users remain solely responsible for evaluating the impact of any Force Majeure Event on their own travel plans, rental activities, and contractual obligations, and are strongly encouraged to obtain travel insurance or other coverage to protect against such events.

These Terms, the Privacy Policy, and any other policies on the Sites constitute the entire agreement between you and Tucasa regarding the Sites, unless you have a separate signed agreement that expressly supersedes them.

22. No Agency, Independent Parties, and No Third-Party Beneficiaries

Nothing in these Terms creates, and the parties do not intend to create, any agency, partnership, joint venture, employment, franchise, or fiduciary relationship between Tucasa and any user, including any Host or Guest. Hosts and Guests are independent parties who act solely on their own behalf and at their own risk. Hosts are not employees, agents, contractors, or representatives of Tucasa, and nothing in these Terms shall be construed to make them so. No user has any authority to bind Tucasa contractually, to make any representation or warranty on Tucasa’s behalf, or to incur any obligation or liability in Tucasa’s name. Tucasa is not responsible for the acts, omissions, representations, or conduct of any user, whether or not such acts or omissions occur in connection with a Booking or other activity facilitated through the Sites.

These Terms are for the sole benefit of Tucasa and users who have accepted them, and nothing in these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms. Notwithstanding the foregoing, each of the Tucasa Parties (as defined in Section 17 (Indemnification)) is an intended third-party beneficiary of the indemnification obligations, the limitations and exclusions of liability, and the disclaimer of warranties set forth in these Terms, and each such party shall have the right to enforce those provisions directly and independently.

23. Electronic Communications

By accessing or using the Sites, you consent to receive all communications from Tucasa in electronic form, including without limitation these Terms, the Privacy Policy, notices, disclosures, agreements, updates, confirmations, receipts, and all other communications of any kind (collectively, “Communications”). You agree that all Communications provided to you electronically satisfy any legal requirement that such Communications be in writing, to the fullest extent permitted by applicable law.

Tucasa may deliver Communications to you by any of the following means, at Tucasa’s sole election: (a) by email to the address associated with your account; (b) by SMS or text message to the mobile number associated with your account; (c) by in-app or on-screen notification through the Sites; or (d) by posting the Communication on the Sites or your account dashboard. Communications delivered by email or SMS are deemed received by you at the time Tucasa transmits them, regardless of whether you actually open, read, or receive them. Communications delivered by posting on the Sites or your account dashboard are deemed received at the time of posting.

You are solely responsible for maintaining a current, accurate, and accessible email address and mobile number on your account, for ensuring that Communications from Tucasa are not blocked or redirected by spam filters or other settings, and for regularly checking your email, account dashboard, and the Sites for Communications. Tucasa is not responsible for any failure of delivery, loss, or delay in Communications arising from inaccurate account information, spam filtering, or any other circumstance outside Tucasa’s reasonable control. A failure to receive or review a Communication does not relieve you of any obligation imposed by that Communication or by these Terms.

You may not opt out of receiving legal notices, disclosures, or other Communications required by law or necessary for the administration of your account electronically for so long as you maintain an account with Tucasa. If you wish to withdraw your consent to electronic Communications, your sole remedy is to close your account and cease using the Sites. Tucasa may, but is not obligated to, provide paper copies of any Communication upon your written request submitted to help@staytucasa.com. Tucasa reserves the right to charge a reasonable administrative fee for paper copies and to decline requests in its sole discretion.

24. Survival

The following provisions survive any termination or expiration of these Terms or closure of your account, regardless of the reason for termination, whether by either party or by operation of law: the User Content license granted in Section 6 (User Content), Section 9 (Intellectual Property), Section 15 (Disclaimer of Warranties), Section 16 (Limitation of Liability), Section 17 (Indemnification), Section 18 (Governing Law and Jurisdiction), Section 19 (Termination and Suspension), Section 20 (Dispute Resolution and Arbitration), Section 21 (Waiver, Severability, Force Majeure, and Entire Agreement), and this Section (Survival). Any other provision that by its nature is intended to survive termination shall also survive, including without limitation any obligation to pay amounts accrued prior to termination and any representation or warranty made during the term of these Terms.

25. Changes to the Sites

Tucasa may change, suspend, or discontinue any part of the Sites at any time without notice. Tucasa is not liable for any unavailability of the Sites and is not obligated to update any content.

26. Assignment

Tucasa may freely assign, transfer, delegate, sublicense, or otherwise dispose of these Terms, or any of its rights, obligations, or licenses hereunder, in whole or in part, to any person or entity at any time, without prior notice to or consent from you, whether by merger, acquisition, reorganization, sale of all or substantially all of its assets, operation of law, or otherwise. You may not assign, transfer, delegate, or sublicense these Terms or any of your rights or obligations hereunder, in whole or in part, without Tucasa’s prior written consent, which Tucasa may withhold in its sole and absolute discretion and without explanation. Any purported assignment, transfer, delegation, or sublicense by you in violation of this Section is null and void ab initio and of no force or effect. These Terms are binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. No assignment by Tucasa shall relieve you of any obligations accrued prior to the effective date of such assignment, and you shall remain fully liable for all such obligations notwithstanding any such assignment.

27. Contact

The Sites are operated by Tuscasa Group LLC. Direct all questions, comments, and support requests to help@staytucasa.com.

Part II — Additional Terms for Hosts

If you list a property on the Sites, the following terms apply to you in addition to the General Terms. In the event of conflict, the provision most protective of Tucasa controls.

1. Listing Requirements and Representations

By creating or submitting a Listing, you grant Tucasa a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicensable license to use, reproduce, modify, adapt, display, distribute, and create derivative works from all content included in or submitted for your Listing, including but not limited to photographs, videos, virtual tours, descriptions, property information, and any other materials, for any purpose, including operating, promoting, advertising, and marketing the Sites and Tucasa’s business, syndicating content to third-party platforms and distribution partners, and training machine learning or artificial intelligence systems. This license continues indefinitely, even if your Listing is removed or your account is terminated. In addition, by creating a Listing, you represent and warrant that:

• You have all necessary rights, authority, and permissions to list the property and enter into rental arrangements, whether through ownership, management authority, or written authorization;
• Your Listing does not violate any third-party agreement, including HOA rules, lease agreements, mortgage covenants, or condominium declarations;
• All Listing information—descriptions, photos, amenities, pricing, fees, and availability—is accurate, current, and not misleading; and
• You will update your Listing within 24 hours of any information becoming inaccurate or incomplete.

Tucasa may remove, modify, or suppress any Listing that contains inaccurate, misleading, or inappropriate content, without prior notice and without liability to you.

2. Legal Compliance

You are solely responsible for ensuring that your Listing, property, and rental activities comply with all applicable laws, including zoning and land-use restrictions, short-term rental regulations, permitting and licensing requirements, building and safety codes, anti-discrimination laws (including the Fair Housing Act), accessibility requirements, and all applicable tax laws. Tucasa does not provide legal, tax, or compliance advice and makes no representation regarding the legality of any Listing. You bear all costs, fines, and liabilities arising from non-compliance.

3. Insurance

Tucasa does not provide insurance coverage for Hosts, properties, or rental activities. Any host-protection program offered by Tucasa is supplemental, subject to separate terms, and is not a substitute for your own insurance. You are solely responsible for maintaining adequate coverage, including at minimum: (a) property insurance covering the property and its contents against damage, theft, and natural disasters; (b) general liability insurance with coverage limits of no less than $1,000,000 per occurrence covering claims for bodily injury, death, and property damage arising from Guest stays; and (c) any additional insurance required by applicable law or by your mortgage lender, HOA, or other governing body. You bear all risk and liability arising from any failure to obtain or maintain adequate insurance coverage.

4. Booking Obligations

Once a Booking is confirmed, you must honor it in accordance with your Listing terms, including amenities, dates, occupancy limits, house rules, and pricing. You may cancel a confirmed Booking only as permitted by your selected cancellation policy or due to documented events beyond your reasonable control that render the property uninhabitable or legally unavailable.

Tucasa may impose penalties for cancellations, including monetary deductions from payouts, listing removal or suppression, reduced search ranking, negative profile notations, or account suspension or termination.

5. Host Conduct

As a Host, you must not:

• Discriminate against any Guest on any basis protected by applicable law;
• Require Guests to agree to terms that conflict with these Terms;
• Solicit or accept Bookings or payments outside the Tucasa platform to circumvent Service Fees;
• List a property you lack legal authority to rent;
• Engage in fraudulent, deceptive, or manipulative practices, including fake reviews or bait-and-switch pricing; or
• Take any action that could damage Tucasa’s reputation or business interests.

Violation may result in immediate account suspension or termination without refund or compensation.

Part III — Additional Terms for Guests

If you book an accommodation through the Sites, the following terms apply to you in addition to the General Terms. In the event of conflict, the provision most protective of Tucasa controls.

1. Your Relationship with the Host

When you complete a Booking, you enter into a direct contract with the Host, not with Tucasa. The Host is solely responsible for the property, its condition, and the accommodation. Any dispute regarding a property or a Host’s performance must be resolved directly with the Host.

2. Guest Obligations

By completing a Booking, you agree to:

• Use the property solely for its intended residential purpose as described in the Listing;
• Comply with all house rules, check-in/check-out times, and occupancy limits;
• Treat the property, furnishings, and contents with reasonable care;
• Not engage in any illegal, disruptive, dangerous, or nuisance activity;
• Not exceed maximum occupancy or host unauthorized parties, gatherings, or events without the Host’s written consent;
• Comply with all smoking, pet, noise, and other use restrictions in the Listing; and
• Vacate by the stated check-out time and leave the property in substantially the same condition as you found it, reasonable wear and tear excepted.

Violation may result in account suspension or termination and cancellation of pending Bookings, without refund.

3. Damage and Charges

You are responsible for all damage to the property caused by you, your party, or your invitees, beyond ordinary wear and tear. You authorize Tucasa and the Host to charge your payment method on file for damage claims, excessive cleaning fees, replacement costs, or other charges arising from violations of these Terms or the Listing terms. This authorization survives the conclusion of your stay. Hosts must submit damage claims through the Sites within fourteen (14) days of checkout, accompanied by photographic documentation and repair estimates or receipts. Claims submitted after this period may be rejected at Tucasa’s sole discretion. Tucasa’s determination of damage charges is final and binding, subject to Tucasa’s internal review process.

4. Security Deposits

If a Listing requires a security deposit, you authorize Tucasa to hold or charge the deposit amount on your payment method at the time of booking or before check-in. Tucasa may release all or part of the deposit to the Host for documented damage, cleaning fees, or unpaid charges. Any remaining balance will be released after Tucasa’s review of Host claims, which will occur no earlier than fourteen (14) days following checkout. Tucasa may extend this period as reasonably necessary to investigate pending claims or resolve disputes.

5. Assumption of Risk

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH YOUR BOOKING, TRAVEL, AND STAY, INCLUDING RISKS OF PERSONAL INJURY, ILLNESS, DEATH, AND LOSS OF OR DAMAGE TO PERSONAL PROPERTY. YOU ARE STRONGLY ENCOURAGED TO OBTAIN COMPREHENSIVE TRAVEL INSURANCE PRIOR TO YOUR STAY. TUCASA DOES NOT PROVIDE ANY SUCH COVERAGE.

6. Identity Verification

Identity verification is a mandatory condition of completing any Booking through the Sites. Prior to or at any point during the processing of a Booking, and at any time thereafter at Tucasa’s sole discretion, each Guest must provide a valid, unexpired government-issued photo identification document. Tucasa has sole and absolute discretion to determine what forms of identification are acceptable, to require additional verification steps at any time, and to accept or reject any identification submitted for any reason or no reason.

By providing any identification document or related information, you expressly authorize Tucasa to collect, store, process, and use such documents and information to verify your identity, detect and prevent fraud or abuse, comply with applicable law, and share such information with Hosts as reasonably necessary to facilitate a Booking. All identification information is subject to Tucasa’s Privacy Policy at staytucasa.com/privacy.

Tucasa reserves the right to deny any Booking request or cancel any confirmed Booking, at any stage and without prior notice, if a Guest fails to submit requested identification, declines to complete any required verification step, submits identification Tucasa determines to be unacceptable, or if Tucasa is otherwise unable to verify a Guest’s identity to its satisfaction. If a Booking is denied or cancelled for any reason related to identity verification, the Guest shall not be entitled to any refund of any amounts paid, and Tucasa shall have no liability whatsoever for any resulting costs, expenses, or damages of any kind.

By providing any identification document, you represent and warrant that the document is genuine, unaltered, belongs to you, and accurately reflects your identity, and that all information provided is true, accurate, and complete. Any misrepresentation constitutes a material breach of these Terms and is subject to the indemnification obligations set forth in Section 17 of the General Terms.