1.- GENERAL
Last update: April 29, 2024
Please note that this document has been translated into multiple languages for the convenience of our readers. In case of discrepancy, the Spanish version will prevail.
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 status 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, Tenant or visitor, 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). whenever. 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 they are of legal age (18 years) and have 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 (Marketplace) for booking rooms, houses and apartments for rent by month, short term, long term and days, which brings into contact private owners, accommodation 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 (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 a hiring intermediary and/or advisor, it does not intervene in the conversations and agreements reached between owners, individuals and tenants, nor is it a tour operator or a platform whose main purpose whether it is offering tourist accommodation as an intermediary, it is not an owner, manager or real estate agent, gabinohome does not own, sell, resell, furnish, rent, sublease, manage, or control in any way the properties published on the website or apps. .
GABINOHOME SL . is 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 ” or “ Gabinohome ”
2. KEY TERMS
“ Gabinohome Content ” is all that GABINOHOME enables through its Platform, Application and services, including here any content authorized by a third party.
“ Content ” means text, graphics, images, music, software, audio, video, information or other materials included on the Platform or the Application.
“ Platform / Site Web ” 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.
“ Agents real estate ” any natural or legal person that manages or mediates the rental of properties. You may post third party properties. Also called “Agents” or “Managers”
“ Subscription of ads ” the ad subscription entitles you to use the booking payment tool without the “Service Fee"
“ User ” any person who uses the Website or the Application owned by GABINOHOME.
“ Inhabitant or Tenant ” person who requests an Accommodation reservation through the Gabinohome application and/or who wants to stay or is staying in an Accommodation and is not the Owner of said Accommodation.
“ Flatmate ” person who requests an accommodation reservation, may also be called Tenant.
“ Owner ” natural or legal persons as well as any other entity that owns or has sufficient title to publish, advertise and rent in its name or in that of third parties and with the objective that the Tenant can reserve it in Gabinohome. By registering and advertising your property(s) you are representing that you have the legal right to rent it. The natural person who uses the services accepts these Terms and Conditions on behalf of the Owner and declares that they have sufficient capacity to undertake to comply with their obligations on their behalf.
“ You ” the User, Tenant or Owner (as applicable).
“ Advertisement ” Room accommodation published on the website for reservation through the Platform.
“ Accommodation ” is that home, apartment, house, room or room that the owner advertises 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 ”
" Pay initial ” 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 monthly rentals or the full payment if the reservation has been made for days.
“ Service Fee ” is a percentage of the Total Contract Value that GABINOHOME will charge the Owner for the services provided.
“ Reservation Request ” is 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.
3. OPERATION OF THE PLATFORM, THE APPLICATION AND THE SERVICES
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 an impartial and automatic tool through Gabinohome for the payment of the rental reservation and its subsequent transfer to the owner or return to the tenant.
b) Once the reservation is accepted by the Owner, accept on his behalf the Initial Payment that is charged to the Tenant.
c) Once the tenant has checked in, make payment for the reservation available to the owner, less the service fee, minus the applicable taxes.
d) In case of cancellation of the tenant, proceed with total or partial reimbursement to the tenant.
e) In case of cancellation by the owner, proceed with total or partial reimbursement to the tenant.
4.- PUBLICATION OF ACCOMMODATIONS
Advertisements are written and published by the Owner or Agents. Gabinohome reserves the right to physically or online verify the published accommodations, indicated as "verified" in the advertisement. The Owner consents that the Gabinohome team can enter the accommodation to verify his property and obtain advertising material.
The images and plans are
indicative and Gabinohome assumes no responsibility for their accuracy. He
Owner must provide accurate information about the accommodation and
update it as necessary. Any modification to the advertisement is subject to
discretion of the Owner.
The Tenants accept that the
The price of the reserved accommodation will not be altered once the reservation is made.
They recognize that the characteristics of the accommodation may differ from those
published.
Gabinohome reserves the right
to remove ads that violate the terms and conditions. In case of
discrepancy between the advertisement and the terms and conditions, these will prevail
last. Gabinohome may reject user registration without prior notice.
The Owner authorizes the
publication of the announcement on all the Gabinohome group websites and on the websites of
third parties. You must comply with local regulations and provide any records
or authorization necessary. You are responsible for maintaining such records
updated and communicate any changes to Gabinohome.
In case of subletting, the
Owner guarantees to have the necessary permits and exonerates
Gabinohome of responsibility. Gabinohome may contact the Owner to
confirm subleases. The User acknowledges that Gabinohome is not
responsible for the content created by Lessors or Lessees.
5.- RESERVATION POLICY
Tenant and Owner can contact before the reservation and define the particular details of their rental reservation, Gabinohome does not intervene or act as an intermediary.
The Tenant will request the reservation from the owner, the owner receives the request and if he decides to accept it, he will send the acceptance to the tenant with the amounts to be paid and with the payment form provided by Gabinohome. Once the payment has been made, it remains in the Gabinohome Wallet ready to be sent to the owner after check-in or returned to the tenant in case of cancellation.
When a Reservation Request is made by the tenant, we will share with the Owner:
a) Data relating to the Tenant: age, nationality, company, university, profession, studies and other profile data that are mandatory or optional in Gabinohome.
b) A link to the GABINOHOME page where the Accommodation is published.
If the Owner accepts the Tenant's reservation, GABINOHOME will request the Down Payment and Reservation Fee from the tenant and will send an email to both the Owner and the Tenant confirming said reservation and putting the parties 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.
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 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 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.
6.- RATES
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.
7.- Entry Policies
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.
The tenant can claim for deficiencies in the delivery of the accommodation, the refund of the reservation less the service fee in the following 24 hours from the check-in date , if he does not say anything it is understood that he agrees, that he has checked in successfully and have no claims
- 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 info@gabinohome.com, 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.
GABINOHOME will only transfer the First Payment to the Owner 48 hours after the Move-In Date (the date indicated on 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 Landlord .
GABINOHOME is not a party to any Rental Contract and does not act as an intermediary; the parties acknowledge that they use Gabinohome as a payment platform for the reservation. 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.
8.- LEGAL NOTICE ABOUT THE CANCELLATION POLICY
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.
9.- CANCELLATION POLICY FOR OWNERS
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. The tenant will be given notice and a period of 24 hours to rectify and/or complete the profile 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 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 the event that the use of cancellations is for the purpose of stopping payment for the reservation services to Gabinohome and in the event that 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.
10.- CANCELLATION POLICY FOR TENANTS
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 AND PAID by the tenant, please learn more about our flexible cancellation policy:
1) If the Tenant cancels at any time before 15 days from the date of entry, the following conditions will apply:
To the Owner - There is no transfer of the first initial rent payment to the Owner.
For the Tenant – Refund of rent payment without service fee.
2) If the Tenant cancels 15 days or less in advance 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.
11.- REGULATION APPLICABLE TO OWNERS AND TENANTS ACCORDING TO THE LEASING LAW
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.
Owners - 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.
12.- PAYMENT OF RENT
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.
13. DISCLAIMER OF LIABILITY
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.
14.- BILLING
When the reservation is completed, 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.
15.- DAMAGE TO THE ACCOMMODATION
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.
16.- ACCOUNT CANCELLATION AND DELETION
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.
17.- OPERATION OF VALUATIONS
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.
18.- 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.
19.- 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), will treat your personal data confidentially, as well as the server on which it will be stored and will process said data has the necessary security measures to prevent access to said data by unauthorized third parties. To this end, GABINOHOME has adopted the appropriate technical and organizational security measures in its facilities, systems and files, in accordance with the provisions of Royal Decree 994/1999, of June 11, which approves the Measures. of Security applicable to Automated files with Personal Data and other development regulations. However, GABINOHOME may disclose to the competent public authorities personal data and any other information in its possession through its computer systems when required in accordance with the legal and regulatory provisions applicable to each case. 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 client registration form that must be completed in order to make advertising purchases on the Portal and that must be subject to your express acceptance.
20.- Force majeure
Force majeure will be considered any unforeseeable and unavoidable event that affects the provision of services, including, among others, failures in access to the platform, problems in the electrical network, computer attacks, natural disasters, labor disputes and pandemics. It does not give the right to compensation and the cancellation of reservations due to force majeure will be evaluated on a discretionary basis, considering the viability of the company.
21.- Privacy and Data Protection Policy
All the details: https://www.gabinohome.com/es/politica-de-privacidad.html
Gabinohome guarantees the protection of the personal data of its users in accordance with Organic Law 15/1999 on Protection of Personal Data (LOPD). By registering on the platform, the user accepts the processing of their data by Gabinohome for the specified commercial and advertising purposes. The user has the right to access, rectify, cancel or oppose the processing of their personal data, in accordance with the provisions of the LOPD. Additionally, the user authorizes Gabinohome to share their data with third parties for the fulfillment of the contracted services. This authorization is revocable at any time.
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