General conditions for the host
1. KEY TERMS
Space: space offered by the users-hosts. HolaPlace has a wide range of spaces where you can enjoy a unique experience: outdoors (terraces), indoors (premises) and many more.
Ad: information provided by a user-host about their space, with the conditions that it deems convenient to stipulate and that contains a detailed list of the characteristics and singular elements that compose it.
User: person registered on the platform, who has the right to benefit from the services offered by HolaPlace, either as an offeror of a space or as a guest of the same.
Host: user who publishes an announcement in HolaPlace of a space so that guests can reserve said space.
Guest: user who enters the platform to view the ads available on it and who has the power to reserve spaces for final use.
Taxes: those tax obligations towards the administration, regardless of their nature, to users of the platform are required.
Administrative licenses: authorizations conferred by the competent town hall or municipality to grant the corresponding activity permits to the hosts.
Registration: voluntary procedure to register registration on the platform as a user.
Booking: authorization granted by the host to the guest to make use of their space in the terms stipulated in the published announcement, as well as in the general conditions contained in the platform.
2. GENERAL CONDITIONS OF THE SERVICE
By browsing this website, you accept the general terms of the Services offered here, being legally bound by them, regardless of whether you become a registered user of the page.
The Non-acceptance of these terms will make it impossible for you to benefit from the services of a registered user.
The creation of a host profile on this platform also implies full acceptance of all general terms and conditions.
3. OBJECTIVE SCOPE OF THE SERVICE
HolaPlace is an Internet platform that connects hosts who have spaces of various kinds (and offer additional services), which advertise through said channel; and the guests, who may reserve said spaces, being the final users of those, and may also consume other services related to the booking of the same, some of which are offered by the host.
The additional services that may provide the hosts to their guests, such as catering, cleaning the reserve after the event, as well as any other of a similar nature that could be developed in the future within the framework of the booking of a space, do not constitute the objective scope of HolaPlace activity.
4. SUBJECTIVE SCOPE OF THE SERVICE
HolaPlace is constituted as a virtual platform through which host users are served to create advertisements for their spaces, while guest users can obtain the necessary information to book directly with them. In this way, users understand and accept that HolaPlace is not part of a contractual relationship between hosts and guests. Neither is it configured as a real estate agent, nor as an insurer. HolaPlace makes an interface available to host users that allows them to publish their ads according to a pre-established questionnaire, limiting the control by this platform to what has been said. With the limits established in the Law, HolaPlace does not assume any responsibility that is exceeded in this sense.
5. OBLIGATIONS AND RIGHTS OF THE HOST
The host acts as an independent economic agent to HolaPlace. Therefore, in no case may the host be considered as a contractor, partner, employee or any other of a similar nature.
The host declares to act for his own benefit and exclusively handle your advertisement, without Interferences to this effect by HolaPlace that may undermine the character conferred to its condition as an independent economic agent.
The host assumes as its own obligation the request for administrative activity permits, as well as the payment of the corresponding taxes , both those that are attributable to the annual income of the host (which must be taxed as income from real estate capital) and those that would be applicable to the municipality and/or Autonomous Community where the space made available to invited users is located. .
The host is responsible for hiring civil liability insurance that may be required for the development of their activity.
The host states that the information published in your ad is true and corresponds to the services available in your space.
The host must register on the platform to benefit from its services and advantages. He also declares that the information provided to HolaPlace that identifies him as a user of the platform is true, particularly those related to his age and identity. In this regard, the user must be of legal age.
The host maintains the obligation at all times to request and keep the community of neighbors or the owners of the adjacent properties obtaining the necessary authorizations so that your guests could carry out activities in the space that could lead to an increase in their normal obligations not to emit emissions, such as the usual emission of noise due to the installation of music equipment or the placement of barbecues that could lead to an increase in the normal level of smoke .
The host will be responsible for cleaning and properly preparing the space prior to each time it is reserved by a guest, so that it is ready for use. at the time of entry of the guest.
The host is responsible for the correct management of the ad that it advertises. To this end, you state that you have full ownership of the space you have by virtue of property title or contract with a third party that conferred the use and exploitation of it. In case the host is a legal entity, the registered user states that they have sufficient power not revoked, to act on behalf of the company.
The host agrees to make use of the services offered by this platform. Likewise, you are compelled not to imply by any means that you have HolaPlace's consent to act as your agent, intermediary, partner, contractor or similar, including for this purpose not seizing the distinctive signs of HolaPlace or making fraudulent use of the same.
The host agrees to respect the capacity that, according to what is stipulated in his advertisement, is capable of hosting his space, as well as any security standards he is obliged to comply with according to current legislation at all times.
The host is responsible for the maintenance of their space and the state in which it is found.
The host will allow the taking of photos and/or videos by users and guests in their space and, where appropriate, also from companies collaborating with the platform for commercial purposes that they deem convenient.
The host is aware of the recreational use to which their space is intended. through the HolaPla platform EC. In this way, it will allow access to the same, in addition to the guest and their companions, to the additional products and/or services that the latter deems convenient to contract with the HolaPlace eShop.
The host will allow HolaPlace to carry out , for its own purposes, the bookings of its space that it deems convenient. HolaPlace, will have priority to make these bookings and will respect the economic conditions of the price determined by the host for the enjoyment of the space, paying the price of the booking in the current account that you usually use as a user of the platform and, failing that, the one that could be established on time, for which prior notification will be essential.
Booking confirmation
The booking will be confirmed when the payment is made. The visit of the advertisement and even the direct contact with the host through the data exposed in it will not be synonymous with booking, in such a way that it will be considered made only when the payment is made. Once the booking is confirmed, the host will be obliged to respect it and keep his guest in the peaceful use and enjoyment of it, all without prejudice to the provisions of the cancellation policies.
6. HolaPlace DISCLAIMERS
HolaPlace is not responsible for breaches of the general and particular conditions of the service by the user and, especially, of those terms stipulated in the previous section.
In particular, HolaPlace reserves the possibility of eliminating those advertisements that, having been published by the host users, contain inaccurate or false information.
Likewise, HolaPlace assumes that the host has obtained the mandatory activity permits prior to the publication of their advertisement, as well as the payment of the corresponding rate or tribute, not being attributable to the platform and, therefore, being exempt from any type of responsibility for the omission of said task.
HolaPlace is not responsible for false advertisements, understood as those who flagrantly fail to comply with the general conditions established on the Web, as well as those whose bidders are not the owners of the spaces or who do not have the power to exploit them.
HolaPlace will not be responsible for incidents or accidents that take place during the celebration of an event as a result of non-compliance by the host regarding the capacity that, as stipulated in your ad, is capable of hosting your space, as well as any security standards you are required to comply with in accordance with current legislation at any given time.
HolaPlace reserves the right to take as many legal actions as it may legally to protect their legitimate interests included in the fifth point.
The platform does not validate, support, endorse or endorse the veracity of the advertisements of any space.
HolaPlace will not be responsible for the damages and damages that the cancellation of the booking by the host could cause to the guest.
Occasionally, third-party collaborators can offer their spaces through the platform and redirect the user to their own website. or to make the booking of said space. HolaPlace will only be responsible for the contracting made by users when they browse within its page. In no case will HolaPlace be responsible for the contracting made by users of the platform when said third party redirects it, through the advertisement published on HolaPlace, to its own website to contract the service. These general conditions and terms serve to warn and remind the user that, in such cases, abandoning navigation through its platform may involve certain risks, as well as the legal consequences that this may entail.
HolaPlace does not is responsible for the catering offered by the hosts to their guests, regardless of whether the claim is related to the status, quantity or quality of the contracted order, or even in the event that it could cause possible damage to the health of the guest and/or their companions and, in general, for any other reason.
7. POSSIBILITY OF UNILATERAL MODIFICATION OF THE CONDITIONS
HolaPlace reserves the right to discretionally modify the general conditions contained in the platform, as well as the rates without the need to notify users in advance. Said modifications will take full effect from the moment of their publication.
Any modification in this sense will be made to users through the communication channels available to the address provided by them during the registration process on the platform . The changes established will be announced in the corresponding letter.
If users do not agree with them, they may unsubscribe from HolaPlace services.
8. ECONOMIC CONDITIONS
The amounts expressly agreed by the parties according to the binding agreement signed after the acceptance of the reservation. Both parties understand that HolaPlace will receive a commission for the service of connecting the above parties; this includes the bank fees borne by HolaPlace.
Deposit
The host may establish in their listing that a security deposit is required. The deposit serves as the maximum amount that can be withheld for breaches and/or damages caused by the guest and their companions.
If the host wishes to claim damages from the guest for incidents caused during their stay, they must notify HolaPlace by accessing their user profile, entering the control panel, and finally clicking the 'Claim deposit' button within no more than 24 hours after the event has ended and, in any case, before the space can be booked again or a new event begins there. Under no circumstances will claims submitted outside this period, or via any means or channel other than described in this paragraph, be accepted.
The claim must state the facts that justify it, and it is an essential requirement to attach the Reservation Annex, as well as any evidence deemed relevant for the resolution of the claim file. If the reason for withholding the deposit cannot be proven with the corresponding evidence, or if only a statement of facts is made without the necessary supporting evidence, HolaPlace reserves the right not to process the claim. For this purpose, opinions or value judgments made by the applicant will not be taken into account when resolving the dispute. The following will be considered objective grounds for withholding the deposit:
- Damage to the host's property or belongings. To do so, it will be necessary to provide an invoice for the broken item or the new replacement, expressly stating the brand and model, which must be of the same type and quality. If not, and the new item is of higher quality, the deposit will be withheld for the amount of the cheaper item.
- Any other breaches stipulated in the platform listing and/or in the Reservation Annex that are subject to total or partial withholding of the deposit.
- Guest's failure to check out on time. For this, it must be specified in the Reservation Annex (Check-out) the guest departure time and how to calculate the proportional deduction from the deposit for the delay of the guest and their companions.
- Exceeding the agreed capacity: it must be specified in the Reservation Annex the amount to be deducted from the deposit for each additional guest. Furthermore, the host, in their claim, must prove beyond doubt the excess capacity using the evidence they deem appropriate.
- Extra services provided by the host.
If total or partial withholding of the deposit is necessary, it will be done in an exclusive order. Thus, the last three grounds mentioned above—guest’s late check-out, exceeding capacity (additional companions beyond those agreed in the Reservation Annex), and extra services that may be provided by the host—may be proportionally reduced or even completely eliminated if it is necessary to allocate the total deposit amount to claims arising from damage to the host's property and belongings, as well as damage to communal elements and, in general, other breaches of rules stipulated in the listing and/or in the Reservation Annex.
When deducting from the deposit, the relevant deductions will be applied in order and on an eliminatory basis, so that if one deduction reaches the maximum deposit amount, the following grounds will be excluded from application.
Claims from hosts who intend for the deposit to be used as credit in their favor for cases where the guest tacitly extends the reserved time, brings additional companions, and/or receives extra services provided by the host, will incur a 19% fee to the host as a management cost charged by HolaPlace. To process such a claim, as in all other cases, it will be mandatory to attach the corresponding Reservation Annex.
The platform will carry out the necessary investigations and, if applicable, proceed with withholding the entire deposit in favor of the host or the part necessary to cover the damages caused.
If HolaPlace is unable to clarify the reasons for the claim, the deposit will be returned to the guest.
The following behaviors or damages are excluded from claims to HolaPlace:
- Matters not stipulated in the Reservation Annex.
- Those related to noise, odors, smoke and gas emissions, vibrations, and, in general, any other type of nuisance.
- On items outside the spatial scope of the reserved venue that were not purposely included in the Reservation Annex.
- Damage to third parties, such as neighbors, pedestrians, or vehicles located on the street. In particular, those caused to community property (elevators, stairways, decorative elements, entrance hall, etc.) and those caused in public areas, to pedestrians or vehicles as a result of throwing objects from the terrace or similar behaviors that likewise cause damage to the aforementioned elements.
Host cancellation or no-show. Penalty policy
The host may not block a date in their listing or cancel a reservation once it has been confirmed through payment by the guest.
However, if the host, in violation of the above, cancels the reservation for any reason and at any time after its confirmation, or fails to appear on the day of the event, preventing the normal access and enjoyment of the space by the guest and their companions, they will be obliged to pay a fixed penalty of ONE THOUSAND EUROS (€1,000) to HolaPlace as damages, which in no case shall be considered a mere commission.
The penalty will apply both in cases of unilateral cancellation by the host and in cases where the reservation cannot be enjoyed due to the host's unjustified absence (“no-show”).
Force majeure exceptions
Notwithstanding the above, in duly proven cases of force majeure (such as serious illness, death, natural disaster, unforeseen and unavoidable impossibility not attributable to the host, etc.), HolaPlace may fully or partially exempt the host from paying the penalty, after an individual assessment of the circumstances and provided that the corresponding supporting documentation is provided.
This policy is in line with the quality and commitment standards currently in force on major online booking platforms.
Penalty payment method
The penalty must be paid in full within a maximum of seventy-two (72) hours from formal notification by HolaPlace, exclusively by credit card through the electronic link that the platform will make available to the host for this purpose.
Debt offsetting will not be accepted through automatic deduction from future bookings or through other payment methods.
Consequences of non-payment
If the host fails to pay the penalty within the specified time frame, HolaPlace expressly reserves the right to take any necessary actions to fully recover the debt, including the assignment of the claim to external collection agencies, as well as the filing of legal actions for debt recovery, in addition to the immediate and indefinite removal of the user from the platform.
Refund to the guest
In the event of host cancellation or no-show, HolaPlace will refund the guest in full for all amounts paid, including, where applicable, the deposit.
Cancellation procedure
Cancellations initiated by the host must be communicated formally and exclusively by email to reservas@holaplace.com. Cancellations notified by other means or channels than those expressly provided will not be considered valid.
Monitoring and oversight
The HolaPlace team will monitor the number of cancellations and no-shows recorded for each host, reserving the right to limit, suspend, or terminate the user's access to the platform in the event of repeated or serious breaches.
Operation commission
For its role as intermediary in each transaction, HolaPlace will charge the host a commission of 19% of the total amount of each reservation, without prejudice to discounts and promotions that may be applicable at any given time. The remaining amount of the total reservation will be paid to the host via automatic bank transfer to the account number they have provided in their profile.
Specific conditions for certain types of users
As previously described, any user who publishes a listing on HolaPlace for a space that guests can reserve will be considered a “Host.” However, within this category there are certain types of users subject to payment terms different from those described above, conditions that will be individually agreed with that host.
9. DURATION OF THE RELATIONSHIP OR ADVERTISEMENT
The validity period of your relationship with HolaPlace will be 30 calendar days. Once these terms have elapsed and without express complaint by any of the parties, these conditions will be extended for periods of identical duration, until the moment in which you or the platform decide to terminate your relationship.
Unilateral resolution of the relationship by the host: you can terminate your relationship with HolaPlace at any time through the “Cancel Account” menu. Parallel and necessarily, at the same time, cancellations of bookings that have already been confirmed will take place, reimbursing invited users with advance payments for this purpose.
Unilateral resolution of the relationship by HolaPlace based on non-compliance of the host of the conditions: the total or partial breach of the conditions will empower HolaPlace to terminate, without prior notice, the relationship.
In particular, HolaPlace reserves the right to expel from the platform those users who intend to avoid their commission for intermediation in the booking, regardless of the means or form through which it has been carried out. For this, HolaPlace will proceed to notify the user in writing of the reasons that justify its non-compliance, granting him a period of two business days to allege what he deems appropriate. Once all the information necessary for the resolution of the expulsion file has been collected, HolaPlace will grant the host the possibility of paying the evaded and unpaid commission and, failing that, it will resolve by expelling the user.
10. DURATION OF THE RELATIONSHIP OR ADVERTISEMENT
The HolaPlace Cookies Policy regulates the collection of your personal data. You, as a user of this platform, expressly accept that HolaPlace proceed to open a file with your personal data for the purposes of the activity.
HolaPlace undertakes not to make improper use of them, as well as not transmitting them to third parties without your prior consent.
You may exercise your rights of access, rectification, cancellation and opposition, in the terms expressed by Organic Law 15/1999 on the Protection of Personal Data, as well as in the concordant community regulations, that is, the European Data Protection Regulation 2016/679, by sending an email to the following address: hola@holaplace.com or by postal mail: ATIKO VENUES SL, Avenida Argentina 132, Edificio Cristasa, 33213, GIJÓN.
11. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
You assume that Spanish legislation will apply, with the courts and tribunals of Barcelona being the jurisdictional bodies responsible for hearing any dispute that may arise between the parties, the parties renouncing any jurisdiction that may correspond to them.
General conditions for the guest
1. KEY TERMS
Space: space offered by the users-hosts. HolaPlace has a wide range of spaces where you can enjoy a unique experience: outdoors (terraces), indoors (premises) and many more.
Ad: information provided by a user-host about their space, with the conditions that it deems convenient to stipulate and that contains a detailed list of the characteristics and singular elements that compose it.
User: person registered on the platform, who has the right to benefit from the services offered by HolaPlace, either as an offeror of a space or as a guest to it.
Host: user who publishes an ad on HolaPlace of a space so that guests can reserve it.
Guest: user who enters the platform to view the ads available on it and who has the power to reserve spaces for final use.
Taxes: those tax obligations towards the administration, regardless of their nature, to which v platform users are required.
Administrative licences: authorizations conferred by the competent town hall or municipality to grant the corresponding activity permits to the hosts.
Registration: voluntary procedure to register on the platform as a user.
Booking: authorization granted by the host to the guest to make use of their space in the terms stipulated in the published announcement, as well as in the general conditions contained in the platform.
2. GENERAL CONDITIONS OF THE SERVICE
By browsing this website, you accept the general terms of the Services offered here, being legally bound by them, regardless of whether you become a registered user of the page.
The Non-acceptance of these terms will make it impossible for you to benefit from the services of a registered user.
The creation of a guest profile on this platform and/or the contracting of an event with a host also implies full acceptance of all the general terms and conditions.
3. OBJECTIVE SCOPE OF THE SERVICE
HolaPlace is an Internet platform that connects hosts who have spaces of various kinds (and who can offer additional services), who advertise through said channel; and the guests, who may reserve said spaces, being the final users of those, and may also consume other services related to the booking of the same, some of which are offered by the host.
The additional services that may provide the hosts to their guests, such as catering, cleaning the reserve after the event, as well as any other of a similar nature that could be developed in the future within the framework of the booking of a space, do not constitute the objective scope of HolaPlace activity.
4. SUBJECTIVE SCOPE OF THE SERVICE
HolaPlace is constituted as a virtual platform through which host users are served to create advertisements for their spaces, while guest users can obtain the necessary information to book directly with them.
In this way, users understand and agree that HolaPlace is not part of a contractual relationship between hosts and guests. Neither is it configured as a real estate agent, nor as an insurer.
HolaPlace makes available to host users an interface that allows them to publish their ads according to a pre-established questionnaire, limiting the control by this platform. With the limits established in the Law, HolaPlace does not assume any responsibility that is exceeded in this sense.
5. SUBJECTIVE SCOPE OF THE SERVICE
The amounts expressly agreed by the parties according to the binding agreement signed after the acceptance of the booking. Both interested parties understand that HolaPlace will receive a commission for the contact service of the above; it includes bank fees charged to HolaPlace.
Deposit
The host can ask the guest to deposit a deposit in advance. Said deposit will be retained by HolaPlace in the guest's bank account, only in the event that the guest pays for their booking by credit card. HolaPlace will process, automatically and without requesting authorization from the guest user, the retention of the deposit days before the event. In the event that HolaPlace, at the time of executing the retention of the reference deposit, cannot retain it as a result of insufficient funds in the guest's bank account or another reason, HolaPlace may exercise its right to cancel the event and apply the policy of cancellation to the guest.
If after the provision of the service by the host, he does not show disagreement in the fulfillment of the obligations of the guest, HolaPlace will proceed to carry out the refund of the reference deposit through your payment provider (Stripe), executing the order to refund the deposit in favor of the guest within a maximum period of 7 calendar days after the day on which the event derived from the reference booking takes space. The refund will be made to the same bank card that the guest used to pay for the booking.
HolaPlace is not responsible for the time that elapses since Stripe receives the execution order to refund the deposit in favor of the guest, until he has the same on his bank card.
If the invited user decides to pay for his booking request by bank transfer, he will have to advance the deposit including it in the same payment of the booking. The deposit will be refunded to the guest within a maximum period of 3 business days after the day on which the event derived from the reference booking takes place.
HolaPlace is not responsible for the time that elapses between the execution of the deposit transfer order in favor of the guest, until the guest has the same in the bank account that the guest has previously provided to HolaPlace.
If the host would like to claim the guest for the damages caused by him during his stay, he must notify HolaPlace of such incidents by accessing his user profile, entering the control panel and, by Lastly, by clicking on the “Request deposit” button within a period not exceeding 24 hours from the end of the event and, in any case, before your space can be reserved again or a new event begins in it. Under no circumstances will claims submitted outside said period be addressed, nor through a means or channel other than the one described in this paragraph. whatever you deem fit. Allegations submitted outside this period will not be considered. In them, the facts that justify the inadmissibility of the withholding of the deposit must be stated, providing the Reserve Annex, as well as the evidence that is considered pertinent for the resolution of the incident. If the fact that motivates the retention of the deposit cannot be accredited with the corresponding evidence or, simply, a list of facts is made and the necessary evidence for the resolution of the case is not accompanied, HolaPlace reserves the possibility of not attending the claim. . To this end, the opinions or value judgments issued by the guest will not be taken into account when resolving the aforementioned controversy. The following will be considered as objective facts for the deduction of the deposit:
- Breach of the host at the time of entry.
- Breakage of property or belongings of the host. To do this, it will be necessary to provide an invoice for the broken element or the new one that replaces it, expressly mentioning the brand and model, which must be of the same type and quality. If this is not the case, the deposit will be withheld for the amount of the cheapest.
- How many other breaches have been agreed in the announcement of the platform and/or in the Booking Annex that were susceptible to total or part of the deposit.
- Failure of the guest in the departure time. For this, it will be necessary to specify in the Annex to the booking (Check-out) the time of departure of the guests and how to calculate the deduction of the proportional part of the deposit for the delay in the departure of the guest and his companions.
- Excess capacity: the amount that will be deducted from the deposit for this aspect for each additional guest must be specified in the Annex to the booking. Furthermore, the host, in his agreed in the annex to the booking.
The guest will have the right to require the host to issue an invoice for the booking of the contracted event.
The guest, in the event that he contracts with his host a catering for the event object of booking, will have the right to demand that they issue an invoice for the booking of the contracted event.
In any case, it will be the exclusive responsibility of the guest to verify if the host complies with the current legislation in matter of preparation and, where appropriate, packaging and transport of food products, as well as if it has the appropriate activity licences.
6. HolaPlace DISCLAIMERS
HolaPlace is not responsible for breaches of the general and particular conditions of the service by the user and, in particular, of those terms stipulated in the previous section.
In particular, HolaPlace reserves the right to give removes as a user those guests who have breached the rules of the advertised announcement, as well as the general conditions. which also includes their companions. Neither of the damages that he or his guests could cause to the host or to third parties.
HolaPlace will not be responsible for the damages that the cancellation of the booking by the guest could cause to the host.
HolaPlace reserves the right to take as many legal actions as may be legally available to protect its legitimate interests included in point five.
Through the HolaPlace eShop, the platform provides its users with services and products to turn the stay in the space into a unique experience for the guest and their companions. In this sense, HolaPlace operates as a mere intermediary between the users of the platform and the companies that will supply these additional products and/or services. For this purpose, HolaPlace is only responsible for communicating the order to the collaborating company, exempting itself from any type of subsequent responsibility such as the delay in the delivery of the ordered product or contracted service, the mistake in the requested merchandise, the poor condition of these or of the equipment that allows the service to be provided correctly and, in general, any other mishap of a similar nature that, due to the characteristics of the service, is attributable to said collaborating company.
Occasionally, third-party collaborators may offer their spaces to through the platform and redirect the user to its own website to make the booking of said space. HolaPlace will only be responsible for the contracting made by users when they browse within its page. In no case will HolaPlace be responsible for the contracting made by users of the platform when said third party redirects it, through the advertisement published on HolaPlace, to its own website to contract the service. These general conditions and terms serve to warn and remind the user that, in such cases, abandoning navigation through its platform may involve certain risks, as well as the legal consequences that this may entail.
HolaPlace does not is responsible for the catering offered by the hosts to their guests, regardless of whether the claim is related to the status, quantity or quality of the contracted order, or even in the event that it could cause possible damage to the health of the guest and/or their companions and, in general, for any other reason.
7. POSSIBILITY OF UNILATERAL MODIFICATION OF THE CONDITIONS
HolaPlace reserves the right to discretionally modify the general conditions contained in the platform, as well as the rates without the need to notify users in advance. Said modifications will take full effect from the moment of their publication.
Any modification in this sense will be made to users through the communication channels available to the address provided by them during the registration process on the platform . The changes established will be announced in the corresponding letter.
If users do not agree with them, they may unsubscribe from HolaPlace services.
8. ECONOMIC CONDITIONS
The amounts expressly agreed by the parties according to the binding agreement signed after the acceptance of the booking. Both interested parties understand that HolaPlace will receive a commission for the contact service of the above; it includes bank fees charged to HolaPlace.
Deposit
The host can ask the guest to deposit a deposit in advance. Said deposit will be retained by HolaPlace in the guest's bank account, only in the event that the guest pays for their booking by credit card. HolaPlace will process, automatically and without requesting authorization from the guest user, the retention of the deposit days before the event. In the event that HolaPlace, at the time of executing the retention of the reference deposit, cannot retain it as a result of insufficient funds in the guest's bank account or another reason, HolaPlace may exercise its right to cancel the event and apply the policy of cancellation to the guest.
If after the provision of the service by the host, he does not show disagreement in the fulfillment of the obligations of the guest, HolaPlace will proceed to carry out the refund of the reference deposit through your payment provider (Stripe), executing the order to refund the deposit in favor of the guest within a maximum period of 7 calendar days after the day on which the event derived from the reference booking takes space. The refund will be made to the same bank card that the guest used to pay for the booking.
HolaPlace is not responsible for the time that elapses since Stripe receives the execution order to refund the deposit in favor of the guest, until he has the same on his bank card.
If the invited user decides to pay for his booking by bank transfer, he will have to advance the deposit including it in the same payment of the booking. The deposit will be refunded to the guest within a maximum period of 3 business days after the day on which the event derived from the reference booking takes space.
HolaPlace is not responsible for the time that elapses between the execution of the deposit transfer order in favor of the guest, until the guest has the same in the bank account that the guest has previously provided to HolaPlace.
If the host would like to claim the guest for the damages caused by him during his stay, he must notify HolaPlace of such incidents by accessing his user profile, entering the control panel and, by Lastly, by clicking on the “Request deposit” button within a period not exceeding 24 hours from the end of the event and, in any case, before your space can be reserved again or a new event begins in it. Under no circumstances will claims submitted outside said period be addressed, nor through a means or channel other than the one described in this paragraph. whatever you deem fit. Allegations submitted outside this period will not be considered. In them, the facts that justify the inadmissibility of the withholding of the deposit must be stated, providing the Reserve Annex, as well as the evidence that is considered pertinent for the resolution of the incident. If the fact that motivates the retention of the deposit cannot be accredited with the corresponding evidence or, simply, a list of facts is made and the necessary evidence for the resolution of the case is not accompanied, HolaPlace reserves the possibility of not attending the claim. To this end, the opinions or value judgments issued by the guest will not be taken into account when resolving the aforementioned controversy. The following will be considered as objective facts for the deduction of the deposit:
- Breach of the host at the time of entry.
- Breakage of property or belongings of the host. To do this, it will be necessary to provide an invoice for the broken element or the new one that replaces it, expressly mentioning the brand and model, which must be of the same type and quality. If this is not the case, the deposit will be withheld for the amount of the cheapest.
- How many other breaches have been agreed in the announcement of the platform and/or in the Booking Annex that were susceptible to total or part of the deposit.
- Failure of the guest in the departure time. For this, it will be necessary to specify in the Annex to the booking (Check-out) the time of departure of the guests and how to calculate the deduction of the proportional part of the deposit for the delay in the departure of the guest and his companions.
- Excess capacity: the amount that will be deducted from the deposit for this aspect for each additional guest must be specified in the Annex to the booking. Furthermore, the host, in his claim, you must unequivocally demonstrate the excess capacity by means of the evidence you deem appropriate.
- Extra services provided by the host.
In case the deduction is necessary Total or partial of the deposit, this will be carried out with an exclusive order. In this way, the last three reasons described in the previous points, that is, the non-compliance of the guest in the departure time (the one who prolongs his stay in the capacity for certain fractions of time), the excess of capacity (additional companions to those agreed in the annex to the booking) and the extra services that the host could provide may be proportionally reduced or reduced –or even totally eliminated– if the total amount of the deposit becomes necessary to attend to the claims covered by damage or damage to the property. the property and belongings of the host, as well as those produced in the community elements and, in general, those other breaches of regulations stipulated in the announcement and/or in the Booking Annex.
At the time of withdrawal of the bail, the pertinent deductions will be applied in their order and with an eliminatory character in such a way that, if one of them reaches the maximum amount of the bail, it will be excluded. to application or withdrawal of the following reasons.
The platform will carry out the corresponding inquiries and, where appropriate, will proceed to the effective retention of all of it in favor of the host or, of the necessary part to cover the damages produced.
If it is not possible for HolaPlace to clarify the reasons for the claim, the deposit will be returned to the guest.
Cancellation
The guest can cancel their booking at depending on the type of cancellation policy that the host has previously chosen for their space. There are three modalities:
1º. Flexible cancellation. The guest is free to cancel their booking up to 5 days (120 hours) before the event is held, in which case the entire booking will be refunded, except for the HolaPlace commission (19% + VAT). No amount will be refunded if this deadline is not respected. Example: If the event starts at 15:00 on 20th, the guest can cancel the booking until 15:00, on 15th.
2º. Moderate cancellation. The guest may cancel their bookings up to 15 days (15 days x 24 hours = 360 hours) prior to the event, in which case the entire booking will be refunded, except for the HolaPlace commission (19% + VAT). No amount will be refunded if this deadline is not respected. Example: If the event starts at 15:00 on 20th, the guest can cancel the booking until 15:00 on 05th.
3rd. Strict cancellation. The bookings are non-refundable.
If the host chooses not to choose any of the three previous cancellation methods for your space, HolaPlace will assign flexible cancellation by default.
To cancel the booking, the user must proceed according to the following procedure:
1º. You must notify HolaPlace in writing by email of your wish to cancel the booking, indicating the word 'CANCELLATION' in the subject of the email. In the body of the message, you must indicate the details of the host, the location of your space and the day and time of the booking, being able to additionally provide the confirmation emails sent by HolaPlace at the time of the booking. No cancellation made through a channel other than the one mentioned will be accepted.
2º. HolaPlace will not monitor the reasons that prompt the user to cancel their bookings.
3º. HolaPlace will proceed to refund the guest the full amount of their booking when they have communicated the cancellation with the advance notice stipulated in the chosen cancellation method. Otherwise, the amount of the booking will not be refunded.
In any of the three previous cases, the security deposit will be returned.
For the purposes of the provisions of the three sections above, the term begins to run from the moment of communication, not from the next day.
However, if the guest does not observe the above deadlines, the return of the booking will be left to the discretion of the host or, if both parties so agree, postpone the date of the event, for which it would be necessary to repeat the process (in this case, HolaPlace would retain the price of the booking).
Operation fees (Service fee)
For its role as intermediary in each operation, HolaPlace will charge the guest a fixed fee of 0% of the total amount of each booking, all without prejudice to the discounts and promotions that may be applicable at any time.
HolaPlace will not refund the HolaPlace commission (19% + VAT) to the guest if he/she decides to cancel his/her booking, regardless of the reason for the cancellation or the period in advance used to do so.
9. DURATION OF THE RELATIONSHIP OR ADVERTISEMENT
The validity period of your relationship with HolaPlace will be 30 calendar days. Once these terms have elapsed and without express complaint by any of the parties, these conditions will be extended for periods of identical duration, until the moment in which you or the platform decide to terminate your relationship.
Unilateral resolution of the relationship by the guest: you can terminate your relationship with HolaPlace at any time through the “Cancel Account” menu. Parallel and necessarily, at the same time, the cancellations of bookings that have already been confirmed will take place, having the right to receive the amounts already made.
Unilateral resolution of the relationship by HolaPlace based on breach of the guest of the conditions: the total or partial breach of the conditions will empower HolaPlace to terminate, without prior notice, the relationship.
10. DATA PROTECTION AND COOKIES POLICY
The HolaPlace Cookies Policy regulates the collection of your personal data. You, as a user of this platform, expressly accept that HolaPlace proceed to open a file with your personal data for the purposes of the activity.
HolaPlace undertakes not to make improper use of them, as well as not transmitting them to third parties without your prior consent.
You may exercise your rights of access, rectification, cancellation and opposition, in the terms expressed by Organic Law 15/1999 on the Protection of Personal Data, as well as in the concordant community regulations, that is, the European Data Protection Regulation 2016/679, by sending an email to the following address: hola@holaplace.com or by post: ATIKO VENUES SL, HolaPlace, Avenida Argentina 132 , Cristasa Building, 33213, Gijón, Spain.
11. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
You assume that Spanish legislation will apply, with the courts and tribunals of Barcelona being the jurisdictional bodies responsible for hearing any dispute that may arise between the parties, the parties renouncing any jurisdiction that may correspond to them.
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