Joy Nativo is a cultural immersion and homestay platform operated by JOYNATIVO S.A.S., a company incorporated in Ecuador as a Sociedad por Acciones Simplificada (SAS).
RUC: 0691787377001 Β· domiciliada en Riobamba, Ecuador Β· Email: [email protected]
These Terms govern the use of the Joy Nativo web platform, including registration, host search, bookings, online lessons, and reviews.
JOYNATIVO operates an online platform that enables independent Hosts and Tutors ("Service Providers") to offer accommodation, cultural activities, and language lessons to Travelers. JOYNATIVO is not a party to the agreement for accommodation or services: when a Traveler books through the Platform, a contract is formed directly between the Traveler and the Service Provider. JOYNATIVO acts solely as an intermediary providing the technological platform, verification, matching, and payment facilitation services. JOYNATIVO does not own, operate, manage, or control any accommodation, and does not itself provide lodging, tuition, or tourism services. Any moderation, verification, or approval of listings, prices, or bookings by JOYNATIVO is performed exclusively for quality and safety purposes and does not make JOYNATIVO a provider of the underlying services, an agent of the Service Provider (except as expressly stated in the Payment Collection section of these Terms), a travel agency, or a tour operator.
All prices on the Platform are stated in US dollars (USD) and include the platform service fee. The platform commission is 15% of the total booking price, deducted from the amount payable to the Host or Tutor. Payouts to Hosts and Tutors are made within 5 to 30 business days after the Traveler's check-in (for accommodation) or after completion of the lesson or activity, provided no dispute has been raised. The exact timeline depends on the Host's or Tutor's country of residence and the transfer method available in that jurisdiction. If a standard transfer cannot be completed due to local banking or regulatory constraints, JOYNATIVO will contact the recipient to agree on the most suitable alternative payout method.
Limited Payment Collection Agent. Each Service Provider appoints JOYNATIVO as its limited payment collection agent solely for the purpose of accepting payments from Travelers on the Service Provider's behalf. Payment made by a Traveler to JOYNATIVO shall be considered the same as payment made directly to the Service Provider, and the Service Provider shall provide the booked services as if payment had been received directly. JOYNATIVO will remit to the Service Provider the amounts collected, less the platform commission and any applicable adjustments, in accordance with the payout terms of the Host Agreement or Tutor Agreement.
Payment Processing by Third-Party Services. Payments on the Platform are accepted through licensed third-party payment services, including PayPhone, PayPal, and similar providers. By making a payment, you agree that your payment data will be processed by the relevant provider in accordance with its own terms, privacy policy, and applicable security standards (PCI DSS). JOYNATIVO does not store full payment card numbers on its own servers. JOYNATIVO may add, remove, or replace payment services at any time without affecting the terms of your booking.
Payout Verification. Payouts to Hosts and Tutors are subject to prior identity and bank account verification as set out in the Host Agreement, and may be withheld until such verification is completed.
Payout Currency and Third-Party Fees. All payouts are made in USD. Currency conversion costs and any fees charged by the recipient's bank or payment service are borne by the recipient. See the Host Agreement for full details.
Minimum Payout Threshold. Payouts are subject to a minimum threshold of USD 20. Amounts below this threshold are carried over to the next payout cycle.
Traveler no-show. If a Traveler fails to arrive at the booked accommodation or attend a scheduled lesson or activity without canceling in advance in accordance with the applicable cancellation policy, the booking is considered a no-show. In the event of a no-show, the Host or Tutor is entitled to receive 50% of the total booking amount (after deduction of the platform commission). The remaining balance, less any non-refundable fees, will be returned to the Traveler. JOYNATIVO will process the Host's or Tutor's portion of the payment within the standard payout timeline once the no-show is confirmed. A no-show is confirmed if the Traveler has not contacted JOYNATIVO or the Host within 24 hours of the scheduled arrival or start time.
Early departure. If a Traveler departs before the end of the booked period, the Host is entitled to payment for the full originally booked period, unless the early departure is due to a documented failure of the accommodation to match its description on the Platform (see Quality Disputes below). Unused nights or sessions are not refunded to the Traveler except in cases of Host fault confirmed by JOYNATIVO. If the Traveler wishes to shorten the stay, they must notify JOYNATIVO in writing. JOYNATIVO will review the circumstances and determine the applicable refund, if any, at its sole discretion.
Cancellation by Host. If a Host or Tutor cancels a confirmed booking, the Traveler will receive a full refund of all amounts paid. In the event of repeated cancellations, JOYNATIVO reserves the right to suspend or deactivate the Host's or Tutor's listing.
Force majeure and extraordinary circumstances. Neither JOYNATIVO, the Host, nor the Traveler shall be held liable for failure to perform obligations under a booking if such failure is caused by circumstances beyond reasonable control, including natural disasters, pandemics, war or armed conflict, government-imposed travel restrictions, or prolonged disruptions to international payment systems. In such cases, JOYNATIVO may facilitate a full or partial refund to the Traveler, or reschedule the booking, without liability to either party.
Quality disputes. If a Traveler believes that the accommodation, lesson, or activity does not materially match its description on the Platform, the Traveler must notify JOYNATIVO in writing within 24 hours of check-in or the start of the service. Claims submitted after this period will not be considered grounds for a refund. Upon receipt of a timely claim, JOYNATIVO will notify the Host or Tutor, request supporting evidence from both parties, and make a determination within 5 business days. JOYNATIVO's determination is final and binding on both parties.
Hosts and Tutors agree not to refuse, cancel, or provide inferior service to any Traveler on the basis of race, color, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or age. JOYNATIVO is committed to providing an inclusive platform and may suspend or permanently remove any Host or Tutor found to have engaged in discriminatory conduct. Travelers who believe they have been subject to discrimination are encouraged to report the incident to JOYNATIVO through the Platform's support channels.
All content on the Platform β including the JOYNATIVO name, logo, design, software, and original text β is the exclusive property of JOYNATIVO and is protected by applicable intellectual property laws. By uploading photos, descriptions, videos, or other content to the Platform, the user grants JOYNATIVO a non-exclusive, royalty-free, worldwide, sublicensable license to use, reproduce, adapt, publish, translate, and distribute that content for the purposes of operating, promoting, and improving the Platform. The user warrants that they own or have the right to use all uploaded content and that it does not infringe any third-party rights.
JOYNATIVO reserves the right to immediately suspend or deactivate any user account if there is reasonable suspicion of fraudulent activity, misrepresentation, unauthorized use of payment instruments, money laundering, violation of these Terms, or any activity that may harm the Platform or its users. During a suspension, pending payouts may be placed on hold. JOYNATIVO will notify the affected user of the suspension and the reason for it, unless prohibited by law. The affected user may appeal the suspension by contacting JOYNATIVO support. JOYNATIVO will review the appeal within 10 business days and communicate its decision.
To the maximum extent permitted by applicable law, JOYNATIVO's total liability to any user shall not exceed the amount of the platform commission received by JOYNATIVO in respect of the specific transaction giving rise to the claim. JOYNATIVO is not liable for: indirect, incidental, special, or consequential damages; loss of profits or revenue; personal injury or property damage arising from the acts or omissions of Hosts, Tutors, or Travelers; interruptions to the Platform due to maintenance, technical failures, or force majeure. Nothing in this clause limits liability for fraud, gross negligence, or death or personal injury caused by JOYNATIVO's own negligence, where such limitation is prohibited by law.
Any claim or dispute arising out of or in connection with a booking or the use of the Platform must be submitted to JOYNATIVO within 12 months from the date of the transaction or event giving rise to the claim. Claims submitted after this period will not be considered, to the fullest extent permitted by applicable law.
JOYNATIVO may send users information about new features, promotions, partner offers, and Platform updates by email or in-app notification. By creating an account, users consent to receiving transactional communications (booking confirmations, payout notifications, security alerts) which are necessary for the operation of the Platform and cannot be opted out of while the account is active. Marketing communications are optional: users may opt out at any time by clicking the unsubscribe link in any marketing email or by adjusting notification preferences in their account settings. JOYNATIVO will not share users' personal data with third parties for their own marketing purposes without explicit consent.
These Terms are governed by the laws of the Republic of Ecuador. Disputes shall be resolved before the courts of Riobamba, Ecuador.
Prior to litigation, parties agree to attempt good-faith resolution within 30 days.
JOYNATIVO reserves the right to modify these Terms of Use, the Host Agreement, the Privacy Policy, and any fees, commissions, payout timelines, or other conditions, at any time and at its sole discretion. Changes will be published on the Platform with a notice of the effective date. For material changes β including changes to the platform commission rate or payout timelines β JOYNATIVO will notify registered users by email or in-app notification at least 14 days before the change takes effect. Your continued use of the Platform after the effective date constitutes acceptance of the updated terms. If you do not agree to the updated terms, you must stop using the Platform and, if you are a Host or Tutor, notify JOYNATIVO in writing before the effective date.
These documents may be published in English, Spanish, and Russian for convenience. In the event of any discrepancy or conflict between the language versions, the Spanish version shall prevail.