The terms and conditions applicable to the user of the website and apps constitute a legally binding contract between the user and Gabinohome. By accessing, viewing or using the materials or services accessible on or through the “website” or other web pages or apps (applications), the user declares that he or she understands and accepts these “terms and conditions” as the legal equivalent. of a signed and binding written document.
The use of GABINOHOME, the Contents, the Application and/or the Services attributes the condition of User and implies full and unreserved acceptance by the User of the Terms and Conditions in force at each time the User accesses the themselves.
GABINOHOME reserves the right to modify these Terms and Conditions at any time. By accessing the Websites or the Application owned by GABINOHOME after the publication of said modifications or updates, you will be agreeing to comply with the new terms. Some services on the GABINOHOME Website or Application may be subject to particular conditions that, where appropriate, replace, complete and/or modify these Terms and Conditions.
GABINOHOME reserves the right to restrict access or eliminate any User for any reason and without prior notice. Additionally, in the event that the User is suspected of violating any point of these Terms and Conditions, GABINOHOME may also restrict access or eliminate the User or the content added by the User. This will not entitle the User to any type of compensation, nor will GABINOHOME incur any financial penalty or loss for this. If the user is an Owner or Tenant, the above restrictions may include, without limitation, cancellation of reservations and/or reservation requests, unpublishing the listed accommodations and/or disabling the User's account(s) at any time. moment. In the event that GABINOHOME cancels a reservation in accordance with this paragraph, neither the Owner nor the tenant , as parties to the present or future rental agreement, will be entitled to any type of compensation. Additionally, none of the cancellation policies or guarantees included in this document will apply.
Access, registration, navigation and use of GABINOHOME by minors (under 18 years of age) is prohibited. When accessing or using any GABINOHOME Website and/or Content, the user guarantees that he or she is of legal age (18 years) and has sufficient capacity to formalize a legally binding contract, recognizing GABINOHOME's right to retain any payment made in respect of provision of services, as a consequence of non-compliance with these Terms and Conditions. In any case, it will be the responsibility of the users to verify that they are capable of legally formalizing a contract at the address where the Accommodation is located.
GABINOHOME is a website for booking rooms, houses and apartments for monthly or long-term rental, which brings together Accommodation Owners or managers, real estate agents, sublessors, student residences, landlord roommates (hereinafter “Owner/s”) with Tenant/s and roommates (also called tenants) (defined below), who wish to reserve said Accommodations for rental on a monthly basis for periods of short, medium and long duration (hereinafter jointly, the “ Services"). Such Services can be consulted at www.Gabinohome.com and other websites, applications for mobile phones and other devices, through which GABINOHOME offers its Services.
Gabinohome is not a real estate agency or accommodation manager nor does it work as an intermediary, nor is it a tour operator or a platform whose main purpose is to offer tourist accommodation as an intermediary, it is not an owner, manager or real estate agent, gabinohome does not own , sells, resells, furnishes, rents, subleases, manages, or controls in any way the properties published on the website or apps.
“Gabinohome” GABINOHOME, SL, a company incorporated in accordance with the laws of Spain, with registered office at Avd. Plutarco 16, B10, 3B, 29010 Málaga (Spain) and CIF B92528090. Also called “Gabinohome.com”
“Gabinohome Content” means all that GABINOHOME enables through its Platform, Application and services, including here any content authorized by a third party.
“Content” means the text, graphics, images, music, software, audio, video, information or other materials included in the Platform or the Application.
“Platform / Website” any of the domains owned by GABINOHOME, under which GABINOHOME allows Users to use or browse the online Platform.
"Application or apps" any Application owned by GABINOHOME, available for mobile devices that allows Users to enjoy the same services provided by the Website.
“Real estate agents” any natural or legal person who manages or mediates the rental of properties. You may post third party properties. Also called “Agents” or “Managers”
“Ad Subscription” the ad subscription gives the right to use the reservation payment tool without the “Service Fee"
“User” any person who uses the Website or the Application owned by GABINOHOME.
“Inhabitant or Tenant” may be a tenant or person who requests an Accommodation reservation through the Platform, the Application or the services and/or who wants to stay or is staying in an Accommodation and is not the Owner of said Accommodation.
“Tenant” person who requests an Accommodation reservation through the Platform, Application or services and/or stays in an Accommodation and is not the Owner of said Accommodation.
“Floatmate” person who requests an accommodation reservation, may also be called Tenant.
“Owner” is the one who has agreed to publish an Accommodation Announcement on the GABINOHOME Platform with the aim that the Tenant can reserve it through it. The Owners can be natural or legal persons, as well as any other entity that owns or has sufficient title to rent in their own name or in that of third parties Accommodations intended for rental for short, medium or long-term periods. By registering and listing your property(s) you are representing that you own the property or have the legal right to rent it. In the event that the Owner is a legal entity, the natural person who uses the services of GABINOHOME, accepts these Terms and Conditions on behalf of the Owner and declares to have sufficient capacity to undertake to comply with its obligations on its behalf.
“You” the User, Tenant or Owner (as applicable).
“Advertisement” Accommodation published on GABINOHOME by agreement between it and the Owner with the purpose of making it available for reservation through the Platform.
“Accommodation” is that home, apartment, house, room or room that the Owner advertises through the GABINOHOME Website so that the Tenant can reserve it online.
“Rental Agreement” the private rental agreement signed by the Owner (as lessor) and by the Tenant (as lessee), to which GABINOHOME is not a party.
“Entry Date” the date on which the Tenant indicates when confirming the reservation that he or she will move into the Accommodation. Also called Check in.
“Departure Date” the date on which the Tenant indicates when confirming the reservation that he or she will leave the Accommodation. Also called Check out .
“Booking Fee” is that paid by the Tenant to GABINOHOME when booking Accommodation through the Platform or the Application, once the reservation has been confirmed by the Owner
“Initial payment” is that transferred by the Tenant when booking Accommodation through the Platform or the Application, once the reservation has been confirmed by the Owner.
The "First Payment" corresponds to one (1) month's rent for all Gabinohome cities.
“Service Fee” is a percentage of the Total Contract Value that GABINOHOME will charge the Owner for the services provided.
“Reservation Request” is the one made by the Tenant to reserve the Accommodation. It is done by “clicking” on the “Book Now” button and completing the reservation form. This Reservation Request and the form are processed in the form of an email including all the information requested by the Owner who will receive it. Likewise, the Reservation Request contains the Arrival Date, Departure Date and the amount of the Initial Payment.
“Tax or Taxes” the Value Added Tax (VAT), and any other applicable municipal, regional or state tax.
The Gabinohome website and Application are used to facilitate the reservation of accommodation by Tenants. These Accommodations are advertised on the Platform or Application by the Owners and Agents.
GABINOHOME's responsibilities are limited to:
a) Provide the Platform, the Application and the services, in accordance with these Terms and Conditions.
b) Once the reservation is accepted by the Owner, accept on his behalf the Initial Payment that is charged to the Tenant. This payment awaits the tenant's check-in and will then be transferred to the Owner once the Service Fee plus VAT has been deducted from it. The Owner has 48 hours to claim payment from 00:00 hours following check-in, otherwise it will be returned to the tenant, less the service fee.
Advertisements are written and published by the Owner or Agents.
Gabinohome may physically or online verify the Accommodation that the Landlord has included on its Website. Said verification may consist of an online verification without the physical presence of a Gabinohome representative.
Accommodations that have been verified by Gabinohome, either physically or by online verification, are indicated with the term "verified" in the Listing.
The Owner accepts that the GABINOHOME team enters the Accommodation for the purpose of verifying and taking photographs, making plans, videos or any other advertising material that GABINOHOME requests.
The published plans and photos in the Advertisements are indicative and serve an explanatory purpose. GABINOHOME will not be responsible in any way for their inaccuracy.
The Owner agrees to provide all necessary information to GABINOHOME, which includes, but is not limited to: the location, capacity, size, characteristics and availability of the Accommodation, as well as the price, and everything related to the terms. payment.
Any modification in the content of the advertisement and in the rental price of the Accommodation, as well as the information regarding payment terms published in the Advertisement, will always be determined at the discretion of the Owner.
Likewise, the Owner declares and accepts that all the information provided to GABINOHOME is true, correct and up to date, committing to inform and change GABINOHOME immediately. In relation to the above, the Owner undertakes to provide as soon as possible any type of documentation requested by GABINOHOME for the purposes of verifying the ownership of the Accommodation or compliance with any other legal or contractual requirement.
The Owner understands and accepts that once the Tenant reserves the Accommodation, the price of this reservation cannot be altered.
Tenants acknowledge and accept that the Accommodation they reserve was published on a different date and prior to the reservation date and that its characteristics may differ from the conditions at the time GABINOHOME published them.
GABINOHOME reserves the right to withdraw the Advertisement from that Accommodation, without prejudice to retaining or claiming from it any charge made for the provision of services as compensation for non-compliance with these Terms and Conditions.
In the event that there are discrepancies between the content of the Advertisement and what is set out in the Terms and Conditions of GABINOHOME, what is established in the latter will take precedence. GABINOHOME reserves the right to refuse to publish an Accommodation Advertisement that, in its sole discretion, violates or may violate these Terms and Conditions, as well as the applicable legal regulations.
GABINOHOME may refuse to admit the registration on the Platform of any user, both Tenant and Owner, at its discretion and without prior notice.
When the Owner publishes photographs or videos of the Accommodation, he authorizes GABINOHOME to publish them in the Advertisement and expresses his agreement with the temporary transfer of his copyright or any other existing intellectual property right over the audiovisual and advertising material generated. for the publication of the Advertisement and guarantees that they do not contravene the intellectual property rights of third parties, in accordance with the provisions of this clause. The Owner will be solely responsible for all third party claims for infringement of any third party intellectual property right, including all legal fees and expenses. Likewise, the Owner agrees to indemnify and hold harmless GABINOHOME against any claim related to said violations.
The photographs and videos provided will be exclusively of the Accommodation and will not contain references to personal data, nor will people appear in them. GABINOHOME reserves the right to withdraw them from the Listing at any time without prior communication to the Owner. The Owner may request at any time the deletion of the photographs provided by written communication to GABINOHOME, who will proceed to remove them from the Website owned by them. GABINOHOME will not be responsible for their removal on any other third-party website or platform.
In any case, the Owner accepts and authorizes GABINOHOME to publish the Announcement of his/her Accommodation on all GABINOHOME group websites. Likewise, the Owner authorizes GABINOHOME, with the aim of obtaining the widest possible dissemination of the Advertisement of his/her Accommodation, to publish it on classified advertisement websites belonging to third parties external to the GABINOHOME group.
In cases where this is required by the regulations applicable in the place where the Accommodation is located, the Owner will have, under the conditions and in accordance with the requirements imposed by the regulations in force at any given time, an assigned registration number. to the Accommodation that, where appropriate, will be published in the Advertisement or provided to the competent authority that requires it, as well as any other authorization, permit or legally required requirements.
The Owner is responsible for maintaining the necessary conditions required by the regulations to have at all times the updated and valid registration number, as well as any permit, authorization or regulatory requirement, exempting GABINOHOME from any type of liability derived from non-compliance with the provisions. above and GABINOHOME reserves the right to claim the Owner for any damage that arises, directly or indirectly, from the inaccuracy or incorrectness of the Accommodation registration number or the lack of any regulatory requirement. The Owner undertakes to notify GABINOHOME immediately of any change that affects its ability to offer the home for rent.
In the event of subletting the Accommodation offered at GABINOHOME, the Owner or sublessor, in accordance with what is defined in these Terms and Conditions, guarantees that he or she has the necessary permits and authorizations to sublease the Accommodation, in application of the regulations of the place where it is located. find the same, exonerating GABINOHOME from all responsibility for non-compliance with the applicable legal precepts.
In the event that GABINOHOME discovers that any of the properties listed by the Landlord are being sublet on the Platform, GABINOHOME has the right to contact the current Landlord or Owner of the property to confirm that there is express written permission from the Landlord or Owner to sublease the property through the GABINOHOME Platform. Likewise, the Owner or Landlord must provide contact information, that is, email and telephone number of the sublessor, when this information is requested by GABINOHOME.
The User hereby acknowledges that Gabinohome is not responsible for any content written/created by the Tenant or the Landlord, therefore Gabinohome shall not be responsible for any action committed by them.
The Tenant will provide the information requested by GABINOHOME through the GABINOHOME website or Application, and will request the reservation from the owner, and the owner accepts it, will make payment for the reservation, through the payment methods available on the Platform or Application.
When a Booking Request is made through the Platform, Application or Services, we will share with the Owner:
a) Data regarding the Tenant: age, nationality, company, university, profession, studies and other data that the Owner specifically requires.
b) A link to the GABINOHOME page where the Accommodation is published.
If the Owner accepts the reservation requested by the Tenant, GABINOHOME will capture the Initial Payment and the Reservation Fee plus its corresponding Value Added Tax (VAT) and will send an email to both the Owner and the Tenant confirming said reservation and putting the parts in contact. From this moment on, it is the Owner's responsibility to provide all necessary information to the Tenant for entry into the Accommodation. (See Entry Policies)
In the event that the Owner or Tenant notifies GABINOHOME of a reservation error within the first hour after the confirmation email is issued, GABINOHOME, based on the information provided and in its sole discretion, reserves the right to approve the cancellation of a confirmed reservation within the first 24 hours after the confirmation email is issued. In such cases, neither the Owner nor the Tenant will be entitled to any type of compensation and none of the cancellation policies or guarantees included in the GABINOHOME Terms and Conditions will apply.
The Owner acknowledges that he is solely responsible for any Listing that he approves for publication and that he has full rights to arrange and authorize the reservation of the advertised property.
Likewise, the Owner confirms that when accepting a reservation:
a) will not violate any agreement you have reached with third parties and
b) will be executed (i) in compliance with all laws, tax requirements, and any other rules or regulations applicable to any Accommodation included in a Listing ( ii ) without incurring any conflict regarding the rights of third parties.
GABINOHOME does not assume any responsibility for the failure of the Owner to comply with applicable laws, rules and regulations. GABINOHOME reserves the right to, at any time and without prior notice, remove publication or disable access to any Advertisement for any reason, including those Advertisements that GABINOHOME, in its discretion, considers objectionable for any reason.
Both the Owner and the Tenant understand and agree that GABINOHOME in no way acts as an insurance agent or agent of any kind for the Owner. Regardless of the above, GABINOHOME acts as an intermediary authorized by the Owner to exclusively accept and receive from the Tenant the Initial Payment for the Reserved Accommodation and, once the Service Fee and its corresponding Value Added Tax (VAT) has been deducted, transfer said payment to the Owner.
GABINOHOME provides the Owner with certain information about the Tenant who wishes to make the reservation that the Owner has provided and authorized for this purpose. Both the Owner and the Tenant understand and agree that they are responsible for their own actions and omissions in this regard.
By using the Platform, the Application or the services, you accept that any legal action or claim that is sought as a consequence of the actions or omissions on the part of Owners, Tenants or third parties causing the damage will be directed exclusively against them, waiving any right to file an action. any legal or claim against GABINOHOME with respect to such actions or omissions.
GABINOHOME recommends that Owners obtain appropriate insurance for their Accommodations.
GABINOHOME will not be responsible for the disappearance or theft of any object located inside or outside the rented Accommodation.
GABINOHOME is a Platform that allows you to make reservations for Accommodations online and, as such, it does not provide any control service over the Accommodations nor does it have keys to them.
The minimum reservation period through the Platform or in the Application is one month in duration, and the Owner may establish a minimum or longer period.
The Owner will decide the type of contract that will apply to their Accommodation, being able to choose between the following types: daily, weekly or monthly.
When the Tenant makes a reservation and it is confirmed by the Owner, they will transfer to Gabinohome the Initial Payment plus the Reservation Fee, the latter with its corresponding Value Added Tax (VAT), through the payment methods available on the Platform. or in the Application.
The “Reservation Fee” is a percentage of the Total Value of the Contract plus the Value Added Tax (VAT) that GABINOHOME will charge the Tenant for the services provided.
The “Total Contract Value” is the total price for the reserved rental that will vary according to its total duration and the price assigned to each of the days of its duration.
The “Service Fee” is a percentage of the Total Contract Value that GABINOHOME will charge the Owner for the services provided. The Service Fee and its corresponding Value Added Tax (VAT) will be deducted from the Initial Payment.
GABINOHOME will only transfer the Initial Payment minus the Service Fee and its corresponding Value Added Tax (VAT) to the Owner after 48 hours have elapsed from the Check-In Date (the one indicated in the reservation) as long as the Tenant has not informed GABINOHOME of any Essential Deficiency.
In any case, the Owner is the one who determines, at his or her discretion, the price of the Accommodation.
T&C Violations : Avoid Gabinohome Fees - Offline Bookings
The parties agree that it is prohibited to circumvent the reservation and payment processes, in particular the GABINOHOME Reservation Fee. In the event that the User suggests or leaves the Platform with another digitally connected User in order not to pay GABINOHOME fees, said User must pay compensation to GABINOHOME equivalent to the corresponding Reservation Fee or Service Fee applied to the booking.
In the event of cancellations by owners who incur claims from tenants, and vice versa, the additional legal fees and/or debt collection costs incurred by Gabinohome will be added to your debt and may be claimed by Gabinohome.
Debt collectors and recovery service providers typically charge fees for their services, which will also be added to your debt.
Gabinohome reserves the right to withhold any payment/refund/guarantee in the future.
Gabinohome may take legal action against any non-compliant party, individual or entity, including its directors and/or shareholders who, where appropriate, will be considered personally liable for the amounts.
After the Owner accepts the reservation and GABINOHOME has sent the reservation confirmation to both the Tenant and the Owner, including contact information for both parties, it is the Owner's responsibility to provide any additional instructions to the Tenant regarding their entry into the property. Accommodation.
The Owner must guarantee that the Accommodation reserved by the Tenant is in the expected and reasonable conditions in terms of habitability and that the characteristics published in the Accommodation Announcement, as well as the terms relating to the price, have been maintained.
- Policy applicable when the Tenant moves to the Accommodation.
The Tenant, within 24 hours following the Move-In Date, may inform GABINOHOME of all Essential Deficiencies or Minor Deficiencies of the Accommodation, as well as inform about the inaccuracy of the Accommodation with respect to the characteristics indicated in the Announcement, by sending a request through the contact form in your profile or by sending an email to firstname.lastname@example.org, and indicating the reservation number, attaching the necessary visual evidence (photos and/or videos) of the Deficiencies and an explicit confirmation that Deficiencies have been discussed with the Owner. Once GABINOHOME receives the request, the circumstances will be verified and evaluated.
Essential Deficiencies will be considered those that entail uninhabitable conditions, a risk to health and/or substantial modifications that differ from the description in the advertisement. A significant deficiency may include, but is not limited to, the following examples:
- Delivery of the wrong Accommodation:
GABINOHOME is not responsible for any deficiency, handicap or change in services to the home or in the physical or environmental conditions of the accommodation.
The tenant can claim a refund of the reservation less the service fee within 24 hours of the check-in date. If they do not say anything, it is understood that they agree .
GABINOHOME will only transfer the First Payment to the Owner 48 hours after the Move-In Date (the one indicated in the reservation), provided that the Tenant has not informed GABINOHOME of any Significant Deficiency or Minor Deficiency.
Furthermore, for the avoidance of doubt, the Service Fee and Reservation Fee must be paid in full and will not be refunded or reduced, in whole or in part, in the event that the Tenant vacates the premises before the agreed end of the tenancy.
Lease agreement signed between the Tenant and the Owner.
GABINOHOME is not a party to any Lease Agreement. This Agreement will be signed only by the Tenant and the Owner and, consequently, GABINOHOME will be exempt from all legal responsibility, as well as from all liability in the event of a dispute, disagreement or claim. Any situation arising from the aforementioned Lease Agreement will be resolved between the Tenant and the Owner. Furthermore, GABINOHOME will not be a party to any negotiation regarding a bond or security deposit, required by the Owner and made by the Tenant, under the Lease Agreement or any other type of Agreement, nor will it act as an intermediary in any dispute that arises as a result of a bond or security deposit.
GABINOHOME advises that both the Tenant and the Owner carefully read the Rental Agreement, or any other Agreement that is signed, since it will be the instrument that will govern the relationship between them.
Article 16 of Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011 establishes the Exceptions to the Right of Withdrawal “Member States will not include the right of withdrawal contemplated in articles 9 to 15 in contracts to distance and contracts concluded outside the establishment that refer to: a) service contracts once the service has been completely executed when the execution has begun, with prior express consent of the consumer and with the acknowledgment on his part that he is aware that, once the contract has been fully executed by the merchant, he will have lost his right of withdrawal.”
GABINOHOME is a marketplace that digitally presents tenants and owners. Therefore, its services are considered fully provided:
a) When the Tenant has made a Reservation Request and when the Owner has approved said Reservation Request.
b) When the Owner has approved the Reservation Request made by the Tenant.
AS EXPLAINED ABOVE, THE USER UNDERSTANDS, ACCEPTS AND ACKNOWLEDGES THAT THE USER WILL HAVE LOST THEIR RIGHT OF WITHDRAWAL.
a)The owners may request to cancel the reservation if they detect non-compliance or lack of formality in the tenants' compliance with the conditions established on the website, that is, not filling out the profile data correctly or falsifying data requested by the owner. Notice and a period of 24 hours will be given to the tenant to rectify the data. In these cases, the payment will be returned to the tenant less the service fee and the owner will not be penalized.
b) In case the owner cancels the reservation after accepting the reservation request and before the check-in date:
GABINOHOME will charge the corresponding service fee to the Owner.
As for the tenant, GABINOHOME will return the 1st payment to the tenant in full and in no case will it be transferred to the Owner. Likewise, GABINOHOME will return the Reservation fee to the tenant in full less the service cost expenses of the financial service used for payments.
c) In case the owner cancels the reservation within the first 48 hours after the check-in date:
GABINOHOME will charge the corresponding service fee to the Owner.
As for the tenant, GABINOHOME will return the 1st payment to the tenant in full and in no case will it be transferred to the Owner. Likewise, GABINOHOME will charge the Reservation fee to the tenant.
GABINOHOME reserves the right to claim any of the above amounts in case the use of cancellations is for the purpose of stopping paying the reservation services to Gabinohome and in case it is necessary to apply any of the aforementioned sanctions, where the The owner acknowledges and accepts that GABINOHOME will send a payment request and that he will be obliged to pay said amounts to GABINOHOME and if he does not pay them, the owner agrees to pay the costs and fees involved in a debt collection service.
Furthermore, for the avoidance of doubt, the service fee must be paid in full and will not be refunded or reduced, in whole or in part, in the event that the tenant moves out of the property before the agreed end of the tenancy.
The tenant has 24 hours from the payment date to cancel a recent reservation. Financial expenses will be deducted (3% of the total paid in the reservation). This does not apply when the check-in date is less than 15 days from the reservation payment date.
Gabinohome does not charge its tenants until the Owner has accepted the reservation; any Tenant may cancel before this time without penalty.
Once the reservation request has been accepted by the Owner, please learn more about our flexible cancellation policy:
1) If the Tenant cancels 30 days or more in advance of the Check-In Date, the following conditions will apply:
For the Tenant - Refund of 100% of the Initial Payment to the Tenant less financial management expenses - WITHOUT Refund of the Reservation Fee to the Tenant.
For the Owner: - There is no transfer of the first payment for the Owner.
2) If the Tenant cancels between 29 days and 16 days before the Check-In Date, the following conditions will apply:
For the Tenant: - Refund of 50% of the Initial Payment to the Tenant less financial management expenses – No Refund of 100% of the Reservation Fee.
For the Owner: - Transfer of 50% of the Initial Payment to the Owner
3) If the Tenant cancels 15 days or less before the Check-in Date, the following conditions will apply:
For the Tenant: - Loss of the Down Payment for the Tenant - Loss of the Reservation Fee for the Tenant.
For the Owner: - Transfer of 100% of the Initial Payment to the Owner once the Service Fee to be received by Gabinohome has been deducted.
Note: If an acceptance letter has been issued and the User decides to cancel the Reservation, our Reservation Fee will not be refunded in any case. That is, the User will not be charged cancellation fees, but neither will any commission and external service fees be refunded.
In the event that the Tenant does not provide a valid direct debit order (for Tenants in the European Economic Area) or a credit or debit card for Tenants who do not belong to the European Economic Area, as required in the selection process and Under these conditions, Gabinohome reserves the right to cancel the reservation and apply the usual cancellation policies for Renters. The Lessee will be notified of said cancellation by email and will not be able to claim from Gabinohome any damage or loss resulting from the cancellation.
The owners are responsible for complying with the law in each country where their properties are located and the tenants are responsible for complying with them wherever they stay. Gabinohome is not responsible for their non-compliance. If affected by this, Gabinohome will claim the fees and costs. management of any legal problem, whether civil or criminal, derived from the recklessness or misuse of the website by the users who are responsible for it.
The Owner is exclusively responsible for requesting from the Tenant the necessary documentation in order to comply with the legal requirements to formalize any of the rental modalities offered through the Platform, as well as for its subsequent accreditation before any authority that requires it. Likewise, the owner will provide at any time the documentation that Gabinohome may require to verify compliance with current legislation.
GABINOHOME DOES NOT ASSUME ANY RESPONSIBILITY FOR NON-COMPLIANCE WITH THE LAWS, RULES AND REGULATIONS APPLICABLE TO THE OWNER OF THE ACCOMMODATION, WHO WILL BE RESPONSIBLE FOR THE TRUTHFULNESS AND ACCURACY OF THE INFORMATION PROVIDED REGARDING YOUR ACCOMMODATION.
Furthermore, GABINOHOME informs the Owners who use the Platform or the Application, regardless of their domicile or place of establishment, that they are obliged to declare to the competent authorities all income obtained as a result of the use of GABINOHOME services, in the manner and time established for this in the corresponding regulations.
In order for Accommodation Owners who use GABINOHOME to be aware of all the information related to competent supervisory authorities in matters of taxation and social security, and applicable sanctions as a result of non-compliance with them, GABINOHOME makes the following available to users. information on obligations arising from the rental of accommodation, relating to:
TENANTS - GABINOHOME recommends that its users obtain prior advice on their rights and obligations regarding any rental relationship or lease contract that they intend to sign. GABINOHOME will not be responsible for any material errors that may be seen in the aforementioned rental contract template shared by our users.
Likewise, GABINOHOME will not be responsible in the event of any legislative modification that may affect this template. Finally, GABINOHOME states that by providing this template it is not providing legal advice of any kind. Users who access the template exonerate GABINOHOME from any responsibility in relation to its use.
Once the Rental Agreement or any other agreement reached between the Tenant and the Landlord is signed, it will be the sole responsibility of the Landlord to collect rent from the Tenant. GABINOHOME will not be responsible in any way for the collection of rent or for any non-payment that may occur.
After 48 hours have passed since the Tenant's Date of Entry into the Accommodation and GABINOHOME has transferred the Initial Payment to the Owner, all legal relations of any kind between GABINOHOME and the Tenant, as well as between GABINOHOME and the Owner, will end. regarding that reservation. GABINOHOME will not have any responsibility regarding any event that arises as a result of the subsequent relationship between the Owner and the Tenant.
Upon completion of the reservation, the corresponding simplified invoice will be sent to both the Owner and the Tenant and if they so request, a detailed invoice will be sent with a breakdown of the corresponding Value Added Tax (VAT) or any other applicable tax depending. of the country or region of the transaction.
The parties agree that the amounts owed by the Owners or Tenants to Gabinohome may be deducted from the amounts payable or transferred to them by Gabinohome.
The Tenant is responsible for maintaining the Accommodation in the condition it was in when the Tenant moved into the Accommodation. The Tenant and the Owner acknowledge and agree that they are responsible for their own actions and omissions as well as those of any person they invite or allow access to the Accommodation. GABINOHOME will not be responsible in any case for damages caused to the Accommodation, such responsibility being settled between the Owner and the Tenant.
GABINOHOME, at its own discretion and without obligation to justify any cause, may restrict access to the Website, deactivate or cancel the Advertisements; all of this without incurring any liability and without obligation to provide prior notice.
Owners may request GABINOHOME to remove their Accommodation Ads from the Platform by writing to: info@Gabinohome.com. Please note that if the Listings are cancelled, GABINOHOME has no obligation to transfer the content of the Listings to any Owner.
HOW THE VALUATIONS OPERATE
Once your rental contract has ended in a property managed through Gabinohome, tenants will receive an email from Gabinohome inviting them to make a valuation that will be published on our platform. The owners, in turn, may respond to these evaluations. Gabinohome reserves the right not to publish or delete, without prior notice, reviews/responses that do not comply with our Reviews Policy.
All details https://www.gabinohome.com/privacy-policies.
APPLICABLE LEGISLATION AND DISPUTE RESOLUTION
These Terms and Conditions will be interpreted in accordance with Spanish legislation.
Any controversy arising from this agreement will be definitively resolved by arbitration administered by the Spanish Court of Arbitration, in accordance with its Regulations and Statute, which is entrusted with the administration of the arbitration and the appointment of the arbitrator or arbitrators. The seat of the arbitration will be Malaga.
SUBSCRIPTION FOR REAL ESTATE AGENTS
0% SERVICE FEE COMMISSION
The subscription gives the right to publish rental ads and use the reservation tool with 0% SERVICE FEE.
The estate agent can use our booking payment service without the booking commission fee for the tenant.
The real estate agent may add a reporting fee with their commission to the payment information, but that fee will not be added to the reservation amount
The real estate agent may appear as the recipient of the reservation payment.
Any discussion for cancellation between the tenant and real estate agent applies the same cancellation policies listed in these general conditions.
To publish the ad or send a message it will be necessary for the client to register with Gabinohome and accept these General Conditions of purchase of the ad. Acceptance of the General Conditions will mean express acceptance, full and without reservation, of all of them. If you do not agree with the content herein, do not continue.
As a Client, you declare that you are of legal age and have sufficient legal capacity to be bound by these General Purchase Conditions when contracting advertisements with Gabinohome. Notwithstanding the foregoing, you accept, expressly and without exceptions, that access and use of the ADVERTISING WEB PORTAL takes place under your sole and exclusive responsibility.
Gabinohome reserves the right to unilaterally modify, at any time and without prior notice, the presentation and configuration of the Web Portal, as well as suspend access to it temporarily or permanently.
Ad Cancellation Policy
All ads must comply with the rules of use* and the general conditions, otherwise their ads will be deactivated and/or deleted immediately and they will not be entitled to a refund of any subscription payment you have made, although they will be able to republish the ad correctly. once the problem is solved. If you cancel, deactivate or delete an advertisement in the status of next check-in date, you will not be able to charge the reservation made.
Online credit card payments are processed through a certified third-party payment provider over a fully SSL encrypted secure line. Cash payments are not accepted. Gabinohome does not store complete credit card details and is not responsible for errors or losses in payments or money transfers.
Reservation Policy. Gabinohome is not an intermediary.
Without the intervention of Gabinohome, the tenant pays directly to the Owner or Real Estate Agent and accepts the client's rental agreement. Reservation requests through the contact form between Gabinohome users are made without the intervention and mediation of Gabinohome.
Refund policy for ad subscribers.
No trial periods, refund or compensation are offered for ads published and canceled by the client. The cancellation or suspension of the subscription does not give the right to payments or refunds for reservations already made.
Confidentiality and security
Gabinohome maintains a policy of confidentiality of the data provided by its Clients, committing to the protection of clients' personal data. Data protection extends to everything related to the collection and use of the information provided through the Portal. In this sense, GABINOHOME in the terms established in Organic Law 15/1999, of December 13, on the Protection of Personal Data (LOPD ) and in accordance with the provisions of Royal Decree 994/1999, of June 11 , which approves the Security Measures applicable to Automated files with Personal Data and other implementing regulations. In compliance with the provisions of the LOPD, the Client will receive detailed information about the processing and uses of their personal data in the user registration form that must be completed in order to carry out operations and purchases on the platform and that must be subject to your express acceptance.
For the purposes of these General Conditions, force majeure will be understood, by way of example but not as a limitation, (1) any non-faulty event that is impossible to foresee, or that foreseen or foreseeable, is inevitable, (2) failures in access to the different Web pages of the advertisement portal, (3) failures in the electrical or telephone network supply, (4) damage caused by third parties or attacks on the Portal server (virus) that affect the quality of the services and do not are attributable neither to GABINOHOME nor to the Client, (5) failures in the transmission, dissemination, storage or delivery to third parties of the Products and other contents of the Portal, (6) problems or errors in the reception, obtaining or access to the portal by such third parties, (7) fires, (8) floods or earthquakes, (9) strikes or labor conflicts or other social disorders that prevent the supply of services (10) shortage or unavailability of fuel or electrical energy, ( 11) accidents, (12) war conflicts, (13) commercial or other embargoes, (14) blockades, (15) riots, or (16) due to any governmental provision.
Applicable law and jurisdiction
These General Conditions of use, registration, rental or purchase will be interpreted and governed in accordance with Spanish legislation. For any contentious issue arising from the existence, access, registration, use or content of the General Conditions, both the user and GABINOHOME, expressly waiving any other jurisdiction that may apply to them, submit to the exclusive jurisdiction and competence of the Courts and Courts of Malaga, Spain.
In order to preserve your privacy at all times, and in strict compliance with the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data ("LOPD"), GABINOHOME informs you that, By completing the registration form and accepting it by clicking the "Accept" button, your personal data will be incorporated and processed in the files owned by GABINOHOME, which, for the appropriate legal purposes, is identified as responsible for them . The User must completely complete the registration form. Otherwise, GABINOHOME will not be able to provide you with the services offered on the Portal. The User declares that all the information provided to access this Portal and in the course of using it, is true, complete and accurate, and undertakes to keep it updated. Gabinohome informs you that the collection of your data personal nature is produced for the following purposes: (1) to be able to provide you with the services to which you will have access through our Portal; (2) commercial and advertising, both ADs and services, offers, promotions, and any other advertising activities; (3) carry out surveys, statistics and analysis of market trends, and (4) prepare User profiles in order to personalize and improve our services. For the purposes of the latter, GABINOHOME also informs you that our server may send your computer a file (cookie), which will allow us to get to know you better as a user and personalize, in this way and in your interest, the information that you receive through our Portal in the future. In any case, you have the possibility of configuring your computer so that the installation of said cookies is rejected. The Client or User may exercise the rights of access, rectification, cancellation and opposition of their personal data, in the terms established in the LOPD, by mail or email@example.com . In compliance with the provisions of the LOPD, the User expressly authorizes GABINOHOME to communicate their personal data to all those entities and suppliers with which GABINOHOME reaches commercial agreements, with the purpose that they use them exclusively for the fulfillment of the services. and contracted commercial purposes. The User also gives their express consent so that we can communicate their data to the recipients and under the terms and conditions set out above, to any country in the world, even if it does not offer a level of protection comparable to that of the LOPD. This authorization is revocable at any time without retroactive effect. © Gabinohome SL