Last updated: August 21, 2026
1. IDENTIFICATION OF THE PLATFORM OWNER
In compliance with the statutory information duties under applicable Spanish law, it is hereby established that the owner and operator of the digital platform available under the main domain gabinohome.com and its associated mobile applications (hereinafter, the "Platform") is GABINOHOME S.L., a commercial society incorporated under the laws of Spain, duly registered in the Mercantile Registry of Málaga, with registered corporate seat at Avda. Plutarco 16, B10, 3B, 29010 Málaga (Spain), and holder of Tax Identification Number (NIF) B-92528090 (hereinafter, "GABINOHOME"). For direct communications, the following electronic mail address is made available: info@gabinohome.com.
2. PURPOSE AND LEGAL NATURE OF THE PLATFORM
2.1. Exclusion of Brokerage and Intermediary Agency
GABINOHOME operates exclusively as a digital marketplace environment whose sole technical purpose is to connect Lessor-Users (private owners, corporate owners, rental agents, property managers, student residences, property management companies, flatmates subletting rooms, real estate agencies, real estate brokers, and any natural or legal person publishing a listing offering residential or accommodation rentals on a monthly or daily basis, hereinafter "Landlords") with Lessee-Users (users seeking accommodation, tenants, flatmates searching for a room, digital nomads, international students, expatriates, travelers, working professionals, families, and any person seeking a dwelling, shared flat room, or accommodation on a monthly or daily basis, who may also post search listings, hereinafter "Tenants"). Landlords and Tenants are collectively referred to as "Gabinohome Users".
Users expressly acknowledge and agree that Gabinohome is not a real estate agency, accommodation manager, tour operator, property owner, estate agent, nor a contractual party to any private lease or rental agreements entered into directly between the Parties. GABINOHOME does not own, sell, sublease, manage, or control the listed properties. The Platform acts solely as a technological facilitator for matching parties and as an integrator for payment processing.
2.2. Binding Agreement and Legal Capacity
Access to, browsing on, registration with, and use of any service on the Platform confers the status of user (hereinafter, the "User" or collectively "the Parties" or "Users") and implies full, express, and unreserved acceptance of these General Terms and Conditions of Use.
Use of the services by minors under 18 years of age is strictly prohibited. By operating on the Platform, the User warrants under their sole responsibility that they are at least 18 years of age and possess full legal capacity required under Spanish law to enter into binding contracts.
3. DEFINITIONS
For the proper legal interpretation of this contractual instrument, the following technical and legal definitions shall apply:
• User: Any natural or legal person who accesses, browses, or interacts with the Platform, regardless of their operational role.
• Landlord: Any natural or legal person (including authorized managers or administrators) legally entitled to lease, grant the use of, or lawfully exploit accommodation through the Platform.
• Tenant: Any natural or legal person requesting, formalizing, or occupying an accommodation booking processed through the Platform.
• Listing (or Accommodation): Indexed technical publication describing premises, rooms, real estate properties, or units offered by a Landlord for short, medium, or long-term lease or rental.
• Search Listing: Publication posted by a registered Tenant detailing accommodation preferences and requirements to receive offers within the Platform.
• Booking Request: Formal and binding request submitted by a Tenant through the Platform tools to block an accommodation for specific Check-in and Check-out dates.
• Lease Agreement: Private contract entered into directly between Landlord and Tenant, regarding which Gabinohome acts exclusively as an information society service provider.
• Check-in: Agreed date and time in the digital booking for physical occupancy and key handover of the accommodation.
• Check-out: Agreed date and time in the digital booking for vacating and surrendering the accommodation.
4. USER REGISTRATION AND ACCOUNT MANAGEMENT
4.1. Account Creation
To publish Listings or submit Booking Requests, Users must complete the digital registration process provided on the Platform. The User agrees to provide accurate, current, truthful, and updated data, assuming sole liability for any damage or loss resulting from false or inaccurate information.
4.2. Admission Control and Right of Exclusion
GABINOHOME reserves the right to restrict access, temporarily suspend accounts, or terminate registrations immediately upon reasonable suspicion of fraud, cybersecurity risks, unlawful activities, or breach of these terms. Except in cases of flagrant fraud, imminent danger to system security, or court/administrative order, GABINOHOME shall endeavor to provide prior notice to the affected User to allow for contractual representations.
4.3. Ambassadors
Ambassadors are registered users holding an informational and community-support role. They are neither employees nor legal representatives of Gabinohome. Their function is strictly informational and community-focused; they freely share travel experiences and destination tips motu proprio, without Gabinohome's editorial control or consensus.
4.4. AI Agents and Automated Tools
GABINOHOME may deploy automated systems, artificial intelligence, or virtual assistants to enhance customer support, search, recommendation, or moderation processes.
External AI Agents may connect to Gabinohome provided they identify themselves as such and are registered in advance under a natural or legal person who shall be legally liable for all actions performed by said AI Agent. AI Agents must strictly comply with Gabinohome's API request limits (rate limits) to prevent denial-of-service attacks or unauthorized web scraping of the listing directory.
GABINOHOME shall not be liable for any acts, errors, or contractual commitments undertaken by third-party AI Agents operating on the Platform without direct human/corporate supervision.
5. LISTING PUBLICATION AND LANDLORD OBLIGATIONS
5.1. No Physical Verification of Properties
GABINOHOME does not conduct physical inspections, in-person verifications, or certifications regarding the actual state of properties listed on the Platform. Property descriptions, audiovisual content, inventories, pricing, availability, and lease terms are provided under the sole civil and criminal liability of the Landlords. The indexing of a Listing does not constitute a recommendation, endorsement, audit, or quality warranty by GABINOHOME.
5.2. Licenses, Authorizations, and Registrations for Holiday, Seasonal, or Long-Term Rentals
The Landlord represents and warrants under their sole liability that they hold all required administrative licenses, urban planning permits, mandatory insurance policies, tax registrations, and registration codes mandated by regional, municipal, or state regulations applicable to the offered rental category. This includes, without limitation:
• Registration codes issued by the Tourism Property Registry of their Autonomous Community or Town Hall.
• Valid affidavits of compliance.
• Authorizations from Homeowners' Associations where required by law.
• Mandatory guest declarations and reports to Law Enforcement Authorities.
GABINOHOME is completely released from any liability arising from the lack or expiration of such licenses and reserves the right to purge from the Platform any listings failing to display mandatory statutory registration numbers.
6. STRIPE CONNECT, PAYMENTS, AND REGULATORY COMPLIANCE
6.1. Integrated Payment System and Safeguarding of Funds
Payment processing, reconciliation, and disbursement services on the Platform are executed through the regulated payment institution Stripe Technology Europe Limited (hereinafter, "Stripe"), via the Stripe Connect operational architecture. GABINOHOME is not a payment institution and does not collect, hold, safeguard, or manage third-party funds. All sums paid by Tenants are deposited and held directly in safeguarded bank accounts held by Stripe in accordance with applicable Payment Services Directives (PSD2/PSD3).
6.2. Creation of Connected Accounts
To receive booking funds, Landlords agree to create and maintain an active Stripe Connected Account linked to the Platform. Users acknowledge that the receipt, temporary hold, release, and potential reversal of funds depend directly on Stripe's IT, regulatory, and banking protocols. GABINOHOME acts solely as a technical agent issuing electronic payment and disbursement instructions to Stripe based on booking status.
6.3. Express Submission to Stripe Terms
The use of the payment gateway requires unconditional acceptance of Stripe’s governing terms. By accepting these terms, Users explicitly accept the Stripe Connect Connected Account Agreement, which incorporates the Stripe Services Agreement and the Stripe Privacy Policy. In the event of technical or operational conflict between Stripe’s banking terms and this instrument, Stripe’s provisions shall prevail.
6.4. Identity Verification (KYC / AML / KYB)
To prevent fraud, money laundering, and terrorist financing, GABINOHOME or Stripe may trigger mandatory identity verification procedures (Know Your Customer / Know Your Business) at any time. Users shall provide upon request:
• Valid National Identity Document (DNI), NIE, or Passport.
• Bank account ownership certificates.
• Corporate deeds and ultimate beneficial ownership (UBO) identification (for legal entities).
• Proof of address or tax residence documents.
Failure or refusal to complete KYC verification within specified timeframes empowers GABINOHOME to block transactions, withhold balance payouts in the Connected Account, or terminate the involved profiles immediately.
7. BOOKINGS AND FINANCIAL FLOWS
7.1. Execution of Digital Bookings
Tenants and Landlords may engage in pre-payment communications, which shall be deemed non-binding preliminary negotiations for the Platform. A booking becomes firm in the system once the Landlord accepts the Booking Request and the Tenant concurrently remits two economic components:
1. The Booking Payment:
• For Seasonal/Monthly Rentals: Amount equivalent to the first month's rent.
• For Holiday Rentals (daily / <30 days): Amount equivalent to 100% of the total booked stay.
2. The Service Fee (Booking Fee): A percentage commission applied to the booking value, collected by GABINOHOME to cover platform maintenance costs. This fee is subject to statutory VAT or equivalent tax based on the User's tax residence and Spanish tax laws.
7.2. Disbursement of Funds to the Landlord
The Initial Payment remains under Stripe’s custody during the property audit window. Upon the expiration of twenty-four (24) hours following the Check-in date and time set forth in the booking, and provided the Tenant has not notified a Material Deficiency pursuant to Clause 8, GABINOHOME shall transmit to Stripe the technical instruction to release and disburse the Payment to the Landlord’s Connected Account (less applicable service fees).
7.3. Additional Financial Components
• Risk Usage Fee: GABINOHOME reserves the exceptional right to charge an additional technical Risk Usage Fee to the Tenant or Landlord if heightened credit risk or default parameters are detected, aimed at offsetting extraordinary Stripe operational costs.
• Landlord Cancellation Penalty: GABINOHOME reserves the power to record an accounting hold or offset against the Landlord equivalent to the Service Fee to cover financial damages and banking charges should the Landlord cancel without justification or breach fundamental listing conditions.
8. MATERIAL DEFICIENCIES AND CLAIMS
8.1. Mandatory Notice Period
The Tenant shall have a strict, non-extendable period of twenty-four (24) hours from the Check-in milestone or physical entry to inspect the premises and file formal claims regarding severe deficiencies. Claims must be remitted exclusively to info@gabinohome.com, accompanied by mandatory conclusive evidence (dated photographs, high-resolution video recordings, and written reports).
Upon expiration of the 24-hour window, the handover shall be conclusively presumed under law to have been fully completed and satisfactory. GABINOHOME will not entertain claims or process refunds after this threshold; any subsequent dispute must be resolved directly between Tenant and Landlord under civil law or the private Lease Agreement.
8.2. Exhaustive List (Numerus Clausus) of Material Deficiencies
Withholding payout to the Landlord shall be justified exclusively upon the occurrence of any of the following material circumstances:
1. Physical non-existence of the listed property or identity fraud.
2. Material inability to gain access not attributable to the Tenant (e.g., unauthorized lock change) or failure to deliver keys.
3. Substantial, flagrant discrepancy between published listing specifications and the actual property state (severe structural layout discrepancy).
4. Critical uninhabitability conditions posing immediate severe risks to human health, hygiene, or physical safety.
5. Prior unauthorized third-party occupation preventing peaceful enjoyment of the leased premises.
9. CANCELLATION POLICY
9.1. Cancellation Due to Material Default by the Landlord
If the Landlord cancels a confirmed booking without legal cause, or if a Material Deficiency (Clause 8.2) is conclusively established within the initial 24-hour Check-in window, the following legal consequences apply:
• The Tenant shall receive a 100% full refund of total funds held (reimbursing both the Initial Payment and GABINOHOME’s Service Fee).
• GABINOHOME reserves the immediate right to invoice, charge, or set off against the Landlord (via debit to their Connected Account) a penalty equal to GABINOHOME's Service Fee plus non-refundable Stripe processing fees incurred due to the reversal.
9.2. Tenant Voluntary Cancellation (Flexible Policy Framework)
This cancellation right applies provided there are at least fifteen (15) calendar days between booking payment and the official Check-in date. Once remitted, cancellations are structured as follows:
• Cancellation executed >15 days prior to Check-in: The Initial Payment shall be fully refunded to the Tenant. GABINOHOME’s Service Fee shall be strictly non-refundable, as technological matching services were fully performed.
• Cancellation executed ≤15 days prior to Check-in: The Tenant forfeits all refund rights over the total sum paid. GABINOHOME shall instruct Stripe to release 100% of the Initial Payment to the Landlord, less GABINOHOME’s retained Service Fee.
• Early Departure / Abandonment: If the Tenant voluntarily or involuntarily vacates the premises prior to the agreed Check-out date, all GABINOHOME fees shall be deemed fully earned, with no entitlement to pro-rata adjustments or rebates.
• Special Note on European Direct Debits: If the Tenant fails to provide a valid SEPA Direct Debit mandate (within the EEA) or valid card details (outside the EEA) required for account validation, GABINOHOME may revoke the booking and apply out-of-time cancellation penalties described herein.
10. CHARGEBACKS, FRAUD, AND RECOVERY OF FUNDS
10.1. Financial Risk Allocation for Chargebacks
Landlords operating in commercial or professional capacities (B2B/B2C) formally assume the legal status of Merchants for payment gateway purposes. Consequently, Landlords bear full financial risk for credit card chargebacks, fraud claims, or forced reversals initiated by Tenants' issuing banks. GABINOHOME shall under no circumstances act as a financial guarantor against bank reversals.
10.2. Right of Set-Off and Recovery
The Landlord grants GABINOHOME express authorization to offset and recover sums utilizing Stripe Connect tools, including executing holds, deductions, set-offs, or direct debits against any current or future balances in their Stripe Connected Account. GABINOHOME may automatically recover amounts corresponding to:
• Chargeback amounts settled by Stripe.
• Dispute handling fees or network penalties levied by card schemes.
• Valid penalties incurred due to Landlord-attributable cancellations.
• Administrative, expert, or legal defense costs incurred by the Platform to defend against fraudulent disputes concerning the Landlord's listings.
11. OFF-PLATFORM TRANSACTIONS
To protect Tenants from identity theft and uncoordinated off-platform fraud, Landlords and Tenants are strictly prohibited from circumventing the Platform to finalize bookings externally, redirecting traffic, or sharing contact details prior to booking confirmation for the purpose of evading platform fees.
Upon detection of communications aimed at executing off-platform bookings or external payments following an initial inquiry on the web, GABINOHOME reserves the right to suspend or terminate the involved accounts indefinitely.
12. RATINGS AND REVIEWS SYSTEM
12.1. Nature of User Content
Following completion of a booking cycle, Tenants may post ratings, metric scores, and written reviews regarding property conditions and Landlord conduct. These reviews express the personal opinions of their authors; GABINOHOME does not endorse, validate, or guarantee their factual accuracy. Reviews shall remain published anonymously if the issuing author deletes their Gabinohome profile.
12.2. Prohibition of Manipulation and Data Purging
Reputational manipulation tactics—including fake cross-reviews, coercing tenants to secure positive ratings, or creating dummy accounts—are strictly prohibited. GABINOHOME reserves the right to audit and remove ex officio any content incorporating offensive language, defamation, or sensitive personal data violating law.
To preserve platform historic integrity, voluntary deactivation of a Landlord profile shall not cause the deletion of historical reviews, which may be anonymized. Irreversible anonymization does not constitute personal data processing post-account deletion under Clause 16 herein.
13. NOTICE AND ACTION PROCEDURE (DSA COMPLIANCE)
GABINOHOME designates the email address info@gabinohome.com as its Single Point of Contact for authorities and users under the EU Digital Services Act.
In compliance with Regulation (EU) 2022/2065 (Digital Services Act - DSA), GABINOHOME maintains a dedicated notice-and-action mechanism via info@gabinohome.com to report suspected illegal content, misleading listings, or intellectual property infringements.
Upon receipt of a substantiated notice of illegality, the Platform shall execute internal protocols to:
• Temporarily suspend visibility of the reported Listing.
• Notify the affected Landlord to allow for representations within a framework of legal proportionality.
• Permanently remove content if illegal activity is verified.
Under the DSA regime, GABINOHOME acts as an intermediary hosting service provider and is not subject to a general obligation to monitor user content or actively seek facts indicating illegal activity.
14. INTELLECTUAL PROPERTY
14.1. Platform Reserved Rights
All elements constituting the Platform (source code, database architecture, registered trademarks, logos, interface designs, trade secrets, and search algorithms) are the exclusive property of GABINOHOME S.L. Any automated data extraction (web scraping), copying, or reverse engineering of the software without prior written authorization is strictly prohibited.
14.2. User Content License
By uploading photographs, videos, textual descriptions, or floor plans to a Listing, the User retains moral ownership of their works but grants GABINOHOME S.L. a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, display, adapt, index for external search engines, and publicly communicate such media across corporate portals and promotional channels during the period the listing remains active.
15. TAX AND REGULATORY COMPLIANCE (DAC7 AND SANCTIONS)
15.1. Compliance with DAC7 Directive
Pursuant to laws implementing EU Council Directive (EU) 2021/514 (DAC7) and applicable Spanish tax laws, GABINOHOME is legally required to collect, verify, and report annually to the Spanish Tax Agency (AEAT) fiscal data and aggregated revenue earned by Landlords through transactions processed via the Platform.
15.2. Right of Recourse for Administrative Sanctions
Landlords remain solely liable for full compliance with their tax obligations (income tax, VAT, corporate tax, or local tourist taxes). Should a tax, administrative, or judicial authority impose fines, penalties, or joint liability upon GABINOHOME due to a Landlord’s omissions, false documentation, or lack of operating licenses, the Landlord shall fully indemnify GABINOHOME for all damages, legal fees, court costs, interest, and fines incurred, triggering GABINOHOME’s immediate Right of Recourse.
16. DATA PROTECTION
GABINOHOME processes personal data in strict compliance with the General Data Protection Regulation (GDPR - Regulation EU 2016/679), Spanish Organic Law 3/2018 (LOPDGDD), and related statutory laws. Rights of access, rectification, erasure, objection, restriction, and data portability (ARCO Rights) may be exercised by data subjects pursuant to the procedures specified in our Privacy Policy.
17. SERVICE AVAILABILITY
GABINOHOME deploys reasonable technical efforts to maintain continuous Platform operationality. However, it does not guarantee uninterrupted, permanent service free of technical glitches.
Technical access may be temporarily suspended due to scheduled maintenance, external network failures, server downtime at Stripe or cloud hosting providers, denial-of-service (DDoS) attacks, or events of Force Majeure, without entitling Users to claims for lost profits or commercial damages.
18. LIMITATION OF LIABILITY
18.1. Exclusion of Consequential Damages and Lost Profits
To the maximum extent permitted under Spanish civil and commercial laws, GABINOHOME S.L., its directors, officers, employees, and agents shall not be liable for indirect damages, consequential losses, lost profits, loss of business opportunity, loss of revenue, reputational harm, or accidental data loss arising from Platform use. GABINOHOME provides no insurance coverage over personal property situated in listed dwellings.
18.2. Maximum Aggregate Liability Cap
Except in cases of proven intentional misconduct or gross negligence established by a competent court, GABINOHOME’s total aggregate liability to any User for claims or disputes shall be strictly limited to the total amount of Service Fees actually collected and retained by GABINOHOME in the six (6) months preceding the dispute regarding the specific booking at issue.
19. AMENDMENTS TO TERMS
GABINOHOME reserves the right to amend these Terms and Conditions for legal, technical, or operational reasons, including updates to Stripe service integration. Registered Users shall be notified of amendments at least fifteen (15) calendar days prior to their effective date via email or prominent Platform notice. Continued use of services after such date constitutes acceptance. Users not agreeing to amendments may terminate their account without penalty prior to the effective date.
20. GOVERNING LAW AND JURISDICTION
20.1. Applicable Law
This agreement, its annexes, and all legal relations arising between the Parties shall be governed by, construed, and enforced strictly in accordance with the laws of the Kingdom of Spain.
20.2. Forum Selection Clause and Arbitration for Commercial Operators
For the resolution of disputes arising under this agreement where Users act within the scope of their commercial, business, professional, or corporate activities (non-consumers), the Parties formally waive any other venue to which they might be entitled and expressly submit to the exclusive jurisdiction of the Courts and Tribunals of the City of Málaga (Spain), or, alternatively, to institutional arbitration administered by the Spanish Court of Arbitration sitting in Málaga.
20.3. Protection of Consumer Rights and Mandatory Venue
In accordance with Royal Legislative Decree 1/2007 (Spanish Consumer and User Protection Act), Users legally qualifying as Consumers shall retain all non-waivable statutory rights. Any dispute involving Consumers shall be brought strictly before the Courts and Tribunals corresponding to the Consumer’s domicile.
Furthermore, pursuant to Article 14.1 of Regulation (EU) No 524/2013, Tenants holding consumer status are informed that the European Commission provides an Online Dispute Resolution (ODR) platform, accessible at the following link:
[https://ec.europa.eu/consumers/odr/].
Gabinohome S.L.
