LANDLORD TERMS OF SERVICE
BEROOMERS SL residing at Av. Aragón 12 - Entresuelo A, 46021, Valencia (Spain) and with CIF B-98556186 informs they are the provider of the Services of the Society of Information in accordance with the provisions of Directive 2000/31 / EC of the European Parliament and of the Council of 8 June 2000.
BEROOMERS provides an Internet platform through our website http://www.beroomers.com connecting “owners” who have properties to rent with “Users” looking to rent these accommodations.
UNIVERSIA is not involved in any way in the activities of BEROOMERS, limited to make available the domain, its look and feel, being exempted from any commercial relationship that may arise on the mentioned website.
For the purposes of the general conditions “Landlords” and “Users” are understood as follows:“Landlord”
Any natural or legal person that lists any accommodation.“User, Roomer or Client”
Any natural person that, looks for, registers or books any type of accommodation through the website.
We inform you that these general conditions are the terms and conditions applicable to the booking of accommodation and are available on our website permanently.
These general conditions regulate the terms and conditions of employment applicable to the booking of accommodation through this platform, on which you are an “owner”.
The “owner” who wants to list his lodgings must be of legal age (18 years) and be competently able to hire. By accepting these terms you declare to be of age. When appropriate, you declare and guarantee that you have the ability to bind a legal person to these terms and conditions.
We recommend you read everything included in this document, that you download and print it for future reference. Please note that proof of booking will be saved and that the website does not have technical means of correcting it.
The booking conditions are available in Castilian and are governed by Law 34/2002, of July 11, Servicios de la Sociedad de la Información y de Comercio Electrónico.
The purpose of this agreement is to enable the listing and booking of accommodation between you as the “owner” and those “users” interested in your accommodation. Our platform enables the selection and booking of accommodation along with other additional services. BEROOMERS and “owners” of the properties are independent parties. No relationship linking any joint relationship, or employment relationship or franchise.
Through our platform you may communicate which accommodation options are available, their price, basic conditions and their services. You may upload information not only on the accommodation but also on its common areas and other services (photographs, blueprints…).
The booking of accommodation is made exclusively on the website and the language selected by the user through this website. Once a reservation is made, we will confirm the user by e-mail within 24 hours of the booking time. You will be obliged to confirm or reject the booking in the aforementioned time limit of 24 hours once the booking request is done.
When a booking request is done through the website we will tell you, without detriment to any other necessary data, of at least the following:
The name and surname of the client who has made the booking request.
Nationality and user gender
Accomodation reference of the booking, check-in and check-out dates, room's price, total income that it will generate and Beroomers fee.
If you are not able to confirm or reject a booking within the time limit of 24 hours, all amounts received by BEROOMERS for the booking request will be refunded to the user’s credit card and any pre-authorization on this credit card will be released, and the booking will be cancelled.
When you confirm a booking request made by an user, BEROOMERS will send you an e-mail, text message or a message through message services confirming that booking.
You should know that BEROOMERS is not part of the contract of accommodation and lodging that you have to subscribe to the tenant, is not responsible for its management, nor it assumes any responsibility for its implementation and development. Without limiting the aforementioned terms, BEROOMERS, is authorized by the owner to receive fees from the user in order to accept and process the reservation.
You accept and agree that once the user does a booking request, the price of that reservation can not be modified, and the accommodation conditions as listed on the website can not vary.
Likewise, you declare and guarantee that all the information published regarding the accommodation and its common areas and services:
Will not breach any agreement you have signed with a third party
Will comply with all applicable laws, tax requirements and urban development rules and regulations and on horizontal property that may be applicable to any accommodation included in a list you publish including, among others, planning laws and the laws governing the rental of residential properties or other properties and will not conflict with the rights of third parties.
BEROOMERS recommends you as “owner” that you contract a suitable insurance for your accommodations. Please revise carefully the insurance policy you may have for your accommodation and, specifically, make sure to be familiar and to understand the exemptions and any deductions that may be applicable for that insurance policy including, among other possibilities, if your insurance policy covers or not the acts or omission of actions by clients (and the people invited by the client to the accommodation, if that may be the case) while remaining in your accommodation.
The cancellation policies are set out below for Landlord information, given that some of the aspects apply to them.
If the User or Roomer requests the cancellation of the booking, before confirmation by the landlord, it will be understood as “cancelled” by releasing BEROOMERS any pre-authorization of the credit card of said client, if applicable.
If the User or Roomer requests the cancellation when the booking has already been accepted by the Landlord, and before the check-in date, the following policy will apply:
If more than 60 days are left for check-in, BEROOMERS will apply a penalty of 100% of the service fee paid by the roomer and will refund 100% of the booking amount.
If there are less than 60 days left for the check-in BEROOMERS will apply a penalty of 100% of the service fee paid by the roomer as well as 100% of the booking amount.
If the User or Roomer requests the cancellation when the booking has been accepted by the landlord, and after the date of the check-in (within the 48 hours after the check-in) the following procedure will be followed:
If the cause is not justified, a penalty of 100% of the service fee and 100% of the booking amount will be applied.
If the cause is justified, all amounts are returned (Service fee and booking amount).
For these purposes, the following reasons shall be considered as justified cause:
“The accommodation is not the one I've booked”.
“The accommodation is the one I’ve booked but is not habitable”.
PRICE AND PAYMENT
BEROOMERS will receive a percentage over the total accommodation price, which will be a result of multiplying the monthly rental rate by the number of months it is booked, and will be established specifically for each case. BEROOMERS will receive the amount the user gives us for the booking, making the first charge in the debit/credit account he gives us and without prejudice to further liquidations that may proceed with you when appropriate. Related taxes according to the law applicable will be included at all times.
DAMAGE TO THE ACCOMMODATION
We inform on behalf of the “owner” that the “user” is responsible of leaving the accommodation in the state in which he found it when he arrived, being responsible for any damages he may cause.
BEROOMERS as a provider of services for the Information Society responds only in accordance with the provisions of the LSSI and regulations on consumers and users, exonerated from any liability that may be cause by force majeure or unforeseen circumstances. We do not respond by the illegality of the content posted by you and we do not have ability to supervise, in this regard, we will act in accordance with the provisions of the LSSI on the principle of effective knowledge.
Not liable for breaches made by the “Owner” or user as BEROOMERS remains oblivious to the relationship that develops between the two.
BEROOMERS is available to users who book through this platform, it offers services, assessment and reviews in order that users may express opinions and share opinions on their BEROOMERS experience with their hosts and the “owner“.
BEROOMERS acts solely as a service provider for publishing and booking of accommodations, particularly it is not liable for data storage and its contents, may they be in contravention of the terms and conditions or applicable legislation, the owner is solely responsible for their messages and content published.
BEROOMERS has no obligation to monitor content hosting nor has the means to do it, so no control over them is present at any time. If you notice the publication of illegal content or that could damage property or rights of a third party, please notify us to the email address referenced above so as we can remove these contents immediately. Also BEROOMERS in defence of the principles laid down in the LSSI and in compliance with this Act is obliged to cooperate with the competent authorities to order in your case, the withdrawal of certain messages as well as the suspension of service upon obtaining actual knowledge stored information that is unlawful or damage the property and rights of others.
BEROOMERS doesn’t guarantee the reliability, availability or continued operation of the website and will not be responsible for the interruption, suspension, temporary server crash or possible omissions, loss of information, data, settings, unauthorized access or breach of confidentiality that originate from technical problems, human communication or omissions caused by others or not attributable to BEROOMERS. Also it is not obliged to control not previously controlled information, for the absence of viruses or elements in the contents that may cause alterations in the software or hardware of the users or visitors to the page, so it is not liable for damages of any nature arising from there.
In connection with the use of the web site, you agree to comply with all local, national and international laws and you will not allow or facilitate any third party, to violate or infringe the rights (including without limitation rights copyrights, rights of publicity or privacy, images and trademarks) of others, our policies or mechanisms of operation or safety of the service, without limiting the foregoing YOU MAY NOT:
Use computer programs, devices, robots or other automated or manual means in order to access, extract, collect or analyze content of our website or other services hosted on the website or in the contents processes;
Interfere with or damage our website, including without limitation, its realization through the use of viruses, cancel bots, Trojan horses, malicious code, packet invasion, denial of service attacks, packet spoofing or IP routes counterfeit or information email or similar methods or technology that may arise in the future.
Use our messaging services to send commercial unsolicited email (“Spam”) or unrelated to lodging in a private residence yet.
Use our messaging services to send harassing messages or committing a criminal act through them.
Register and use the web impersonating a third party.
Acts that disrupt public order, criminal investigation, public security and national defense.
Acts that threaten public health or the health of individuals.
Acts that violate the dignity and the principle of non-discrimination on grounds of race, sex, religion, nationality, disability or any other personal or social circumstance.
Acts that threaten the protection of youth and childhood.
Acts that violate the intellectual property rights of third parties.
You may not reverse engineer, decompile, disassemble or reverse engineer any software used to provide the website and content services, nor will test the vulnerability of any system or network BEROOMERS, nor breach any security or authentication measures.
INTELLECTUAL PROPERTY RIGHTS
All contents of the website are protected by the Intellectual and Industrial Property, in particular the RDL 1/96 of 12 April approving the Revised Text of the Law of Intellectual Property and Trademark Law 17/2001 of 7 December. The content rights belong to BEROOMERS or, where appropriate, third parties.
In any case access to our website involves assignment, transfer or any other type of waiver, in whole or in part, of the rights of intellectual or industrial property. The user accessing our website may only view and make a private copy of the content provided, if such copy is exclusively for their personal and private use, as the use for commercial purposes is strictly prohibited. The website user must not remove, alter, or manipulate any protection device or security system that may be installed on it. Unauthorized use of the materials and information contained on the Website may involve the violation of the legislation on intellectual property and other regulations. BEROOMERS reserves therefore the right to prosecute any infringement of its intellectual and industrial property.
APPLICABLE LAW AND JURISDICTION
This agreement is governed by the Spanish legislation. In case of any dispute arising between the parties with respect to its validity, performance or termination shall be brought to the Spanish Court of Valencia (capital).