Familiar Guest (“Familiar Guest,” “FG,” “we,” “us”), a service operated by Baja Investors LLC, operates famguest.com and related applications (the “Service”), a platform that helps individual vacation-property owners (“Owners”) manage direct bookings with their own guests (“Guests”), including booking pages, messaging, digital rental agreements, payment processing, escrow-style payment holds, and related tools.
These Terms of Service (“Terms”) govern access to and use of the Service by Owners and Guests (each a “User,” together “Users”). By creating an account, accessing a booking link, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
Familiar Guest is not a property manager, a real-estate broker, an insurer, or a tax advisor. We provide software, payment-facilitation, and related tools that Owners use to manage their own rental relationships. Familiar Guest is not a party to the rental agreement between an Owner and a Guest, except as expressly described below regarding payment processing.
Familiar Guest is not a marketplace or discovery platform. Listings are shared by Owners directly with their own guests via private booking links, and (where an Owner enables Public Mode) may be made available for booking by members of the public who hold the link, subject to the verification and trust features described below.
The Service includes, depending on the Owner’s plan and configuration:
We may add, modify, or remove features at any time. We will provide reasonable notice of material changes that adversely affect Owners or Guests.
Owners are solely responsible for the accuracy of their listings, including descriptions, photos, pricing, availability, house rules, and policies. Owners represent that they have the legal right to rent the property described, and that all content they upload (including photos) is either owned by them, licensed to them, or used with the permission of the rights holder.
Owners may not upload content scraped, copied, or otherwise obtained from another platform’s listings (including Airbnb, VRBO, or Booking.com) in violation of that platform’s terms of service. Owner-authored text, Owner-owned photos, and photos imported from the Owner’s own cloud storage (e.g., Google Photos, iCloud, Drive, Dropbox) via an authorized connection are permitted.
Owners are solely responsible for complying with all laws applicable to their rental activity, including but not limited to short-term rental permits and registration, zoning and HOA restrictions, health and safety codes, accessibility requirements, lodging/occupancy tax obligations not handled by the Service, fair housing and anti-discrimination laws, and immigration/visa rules applicable to their Guests where relevant. Familiar Guest provides tools to assist with certain tax calculations and reporting (Section 11) but does not verify or guarantee Owner compliance with these obligations.
Calendar synchronization via iCal is a one-way, periodic feed in each direction, not a real-time system. Owners acknowledge that a window of several hours may exist during which a property could be booked on more than one platform (“double-booking”), and that Familiar Guest is not responsible for double-bookings arising from the inherent limitations of iCal synchronization or from an Owner’s failure to configure calendar feeds correctly.
Owners may grant limited, scoped access to designated caretakers or cleaners (e.g., to view check-in schedules and house-manual information) without granting access to payment information or the full guest directory. Owners are responsible for the actions of caretakers they authorize.
Familiar Guest uses Stripe, Inc. and its affiliates (“Stripe”) to process payments. By using payment features of the Service, you agree to Stripe’s terms of service and privacy policy in addition to these Terms. Identity verification (“KYC”) for Owners is performed by Stripe; Familiar Guest does not collect or store government identification documents or Social Security numbers.
Familiar Guest acts as the merchant of record for bookings processed through the Service. Guest payments are processed by Stripe and, where applicable, briefly pass through Familiar Guest’s Stripe platform account before being made available to the Owner as a payout, net of applicable fees. Familiar Guest does not take custody of funds outside of this payment-processing arrangement and is not a money-transmitter, bank, or escrow agent in the regulated sense of those terms.
Prices shown to Guests include the rental amount and any fees set by the Owner (such as cleaning fees, extra-guest fees, and applicable lodging taxes), plus payment-processing and, for cross-border payments, currency-conversion costs, each shown as a separate line item before the Guest completes payment.
For bookings where Familiar Guest holds Guest payment until check-in (described in marketing and booking materials as “escrow”), the funds are held via a delayed payout arrangement within Stripe, not in a separate trust account or by a licensed escrow company. This arrangement is intended to give Guests confidence that funds will not be released to the Owner before check-in (absent the Owner’s instruction to release sooner) and to give Owners confidence that funds have been collected before the stay.
Where a damage deposit is collected, it is held separately from the rental payment and released according to the timeline and process described in the booking’s rental agreement, typically following an inspection window after checkout. Familiar Guest does not adjudicate damage disputes between Owner and Guest beyond facilitating the release or, where the parties agree or the Owner provides supporting documentation consistent with the rental agreement, a partial or full claim against the deposit.
Payouts to Owners are made to the bank account connected through Stripe, in the currency and to the destination selected by the Owner, net of applicable fees. Payout timing may be affected by Stripe risk controls, reserves, or holds, which Familiar Guest does not control and is not liable for.
Familiar Guest offers multiple plans (including a pay-as-you-go commission plan and flat monthly/annual subscription plans), each with different combinations of commission, subscription fees, included bookings, and feature sets, as described on our pricing page. Plan details, including current pricing, are available at /pricing and may change with notice.
Each Owner sets their own cancellation policy, which is displayed to the Guest before booking and incorporated into the rental agreement. Familiar Guest processes refunds according to the applicable cancellation policy and the timing of the cancellation, but the cancellation policy itself is set by the Owner, not Familiar Guest.
Disputes regarding the condition of the property, the conduct of the Guest or Owner during a stay, or the application of house rules are primarily between the Owner and the Guest under the rental agreement. Familiar Guest may, at its discretion, assist by providing relevant records (messages, agreements, payment records) but is not obligated to act as an arbiter and does not guarantee any particular outcome.
Where a Guest has purchased optional damage-protection coverage through a third-party partner, claims under that coverage are subject to the partner’s terms and process.
For each booking, the Service generates a rental agreement reflecting the listing’s policies (cancellation policy, house rules, check-in/out times, fees, and deposit terms) and the specific booking’s dates and price. The Guest must review and electronically sign this agreement before payment is finalized.
Electronic signatures are processed through our e-signature partner (currently DocuSeal). For properties located in the United States, electronic signatures are intended to be valid under the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN) and applicable state UETA statutes. For properties located in Mexico, electronic signatures are intended to be valid under the Código de Comercio provisions governing electronic commerce and data messages, with additional conservation measures (e.g., NOM-151) used where stronger evidentiary weight is desired. The governing law for a given rental agreement is keyed to the country in which the property is located, as stated in the agreement itself.
Signed agreements are retained and made available to both parties for their records.
Familiar Guest does not provide tax advice. Where enabled for a listing’s jurisdiction, the Service calculates and itemizes applicable lodging/occupancy taxes (for example, U.S. transient occupancy taxes or Mexican IVA/ISH) as part of the booking price, and, where Familiar Guest is acting as the platform of record for a jurisdiction that requires it, may collect and remit such taxes, or withhold and remit applicable host-level taxes (for example, Mexican ISR/IVA withholding on payments to hosts), on the Owner’s behalf as required by applicable law.
The Service may also provide Owners with income summaries, tax-line item breakdowns, and export documents (such as data formatted to assist with U.S. Schedule E reporting or Mexican filings) intended to help the Owner and the Owner’s own tax professional prepare required filings. These materials are informational only. Owners are solely responsible for determining their own tax obligations, for the accuracy of information provided to Familiar Guest for tax-calculation purposes, and for filing any required returns, and should consult their own qualified tax advisor regarding their specific situation, including cross-border obligations.
Familiar Guest offers optional identity-verification, fraud screening, and damage-protection add-ons through third-party partners (currently Truvi). Where an Owner or Guest opts into these add-ons, the partner’s own terms and privacy practices apply to the information collected for that purpose, in addition to these Terms and our Privacy Policy.
A “Verified Owner” indicator reflects that the Owner has completed identity verification (Gate 1) and, for the specific property, submitted a property-ownership document that has passed manual review (Gate 2). It is not a guarantee of the condition, legality, or suitability of the property, and Familiar Guest’s review of ownership documents is not a substitute for independent legal or title verification.
You agree not to:
Familiar Guest owns the Service, including its software, design, and the “Familiar Guest” name and logo. Owners and Guests retain ownership of content they submit (such as listing photos, descriptions, and messages) but grant Familiar Guest a worldwide, non-exclusive, royalty-free license to host, display, reproduce, and adapt that content as necessary to provide the Service (for example, displaying listing photos on the Owner’s booking page, or using an Owner’s description text as input to generate an AI-assisted listing description that the Owner then reviews and edits).
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FAMILIAR GUEST DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY LISTING, VERIFICATION, SCREENING RESULT, TAX CALCULATION, OR TRANSLATION PROVIDED THROUGH THE SERVICE WILL BE ACCURATE OR COMPLETE.
FAMILIAR GUEST IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY OWNER OR GUEST, THE CONDITION OF ANY PROPERTY, OR THE ACCURACY OF ANY LISTING. ANY DISPUTE REGARDING A STAY IS BETWEEN THE OWNER AND THE GUEST.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAMILIAR GUEST AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAMILIAR GUEST’S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY THE RELEVANT USER TO FAMILIAR GUEST IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
[Note for counsel: limitation amounts, and the treatment of amounts that pass through Familiar Guest as merchant of record (i.e., whether they should be excluded from any liability cap), require review — particularly for Mexico-located properties under PROFECO consumer-protection rules, which may limit the enforceability of certain disclaimers against consumers.]
You agree to indemnify, defend, and hold harmless Familiar Guest and its officers, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Service; (b) your violation of these Terms or applicable law; (c) your content or listings; or (d) any dispute between you and another User, including any dispute relating to a stay.
You may stop using the Service at any time. We may suspend or terminate access to the Service for any User who violates these Terms, poses a risk to other Users or to Familiar Guest, or as required by our payment processor or applicable law. Provisions that by their nature should survive termination (including Sections 11, 14–17, and 19) will survive.
[Placeholder — governing law and dispute-resolution provisions (including any arbitration clause, class-action waiver, and venue) require determination by counsel, and may need to differ for U.S.-located properties versus Mexico-located properties given PROFECO consumer-protection requirements for Mexican consumers. Rental-agreement-specific governing law (Section 10) is separate from the governing law of these platform Terms.]
We may update these Terms from time to time. If we make material changes, we will provide notice (for example, by email or an in-product notice) before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
Questions about these Terms can be sent to info@famguest.com.