GABINOHOME – GENERAL TERMS AND CONDITIONS OF USE
Last updated: 14 October 2026
In the event of any doubt regarding interpretation, the Spanish version shall prevail.
In compliance with the information duties in force under Spanish legislation, it is hereby stated that the owner and operator of the digital platform under the main domain gabinohome.com and its associated mobile applications (hereinafter, the "Platform") is the commercial company GABINOHOME S.L., incorporated under the laws of Spain, duly registered with the Mercantile Registry of Málaga, with registered office at Avda. Plutarco 16, B10, 3B, 29010 Málaga (Spain), and holding Tax Identification Number (CIF) B-92528090 (hereinafter, "Gabinohome"). For any direct communication, the following email address is made available: info@gabinohome.com.
2.1. Nature of the Service
GABINOHOME operates exclusively as a digital marketplace platform whose sole technical purpose is to connect users, lessors, referred to as ("Owners"), with lessees, referred to as ("Tenants"). Both Owners and Tenants are referred to as Gabinohome Users.
Users expressly acknowledge that Gabinohome is not an intermediary agency, nor a contractual party to the private lease or rental relationships perfected between users, also referred to as ("the Parties"). GABINOHOME does not own, sell, sublet, rent, manage or control the properties listed on the Platform that are rented by days or months. The Platform acts solely as a technological facilitator for the encounter between Owners and Tenants and as an integrator of payment processing.
2.2. Binding Agreement and Legal Capacity
Access to, browsing of, registration on and use of any service of the Platform confers the status of user (hereinafter, the "User" or jointly "the Parties" or "Users") and implies the total, express and unconditional acceptance of these General Terms and Conditions of Use.
The use of the services by persons under 18 years of age is strictly prohibited. By operating on the Platform, the User guarantees, under their sole responsibility, that they are at least 18 years of age and have full legal and mental capacity as required by Spanish law to enter into contractual obligations.
For the correct interpretation of this contractual document, the following technical and legal definitions are established:
- Users: Any natural or legal person who accesses, browses or interacts on the Gabinohome Platform, regardless of their operational role.
- Owner: A natural or legal person (including authorised managers or administrators) legally entitled to lease, assign or legitimately exploit accommodation through the Platform.
- Accommodation: Rooms, flats, houses and any other type of infrastructure dedicated to housing, holding the necessary permits and licences for its digital commercialisation.
- Tenant: A natural or legal person who requests, formalises or enjoys an accommodation reservation processed through the Platform.
- Listing (or Accommodation): An indexed technical publication describing the rooms, bedrooms, properties or real estate offered by an Owner for rent or lease on a short, medium or long-term basis.
- Search Listing: A publication made by a registered Tenant detailing their accommodation preferences and needs in order to receive offers within the Platform.
- Reservation Request: A formal and binding request to the Owner submitted by a Tenant through the Platform's tools to request the rental of an accommodation for specific Check-in and Check-out Dates.
- Rental Agreement: An agreement entered into privately and directly between Owner and Tenant, with respect to which Gabinohome acts exclusively as a provider of technological services.
- Check-in: The date and time agreed in the digital reservation request for the occupation and physical handover of the accommodation.
- Check-out: The date and time agreed in the digital reservation for the vacating and cessation of use of the accommodation.
4.1. Account Creation
In order to publish Listings or submit Reservation Requests, Users must complete the mandatory registration provided on the Platform. The User undertakes to provide accurate, current, truthful and updated data, and shall be liable for any damage arising from false or inaccurate information.
4.2. Admission Control and Right of Exclusion
GABINOHOME reserves the right to restrict access, temporarily suspend accounts or immediately terminate registrations in the event of well-founded suspicions of fraud, cybersecurity risks, unlawful activities or breaches of these terms. Save in cases of flagrant fraud, imminent danger to system security or a request from legal authorities, GABINOHOME shall endeavour to notify the affected party of the measure in advance so as to allow the submission of contractual arguments.
4.3. Ambassadors
Ambassadors are registered users with a communication and community support role; they are not employees, nor legal representatives, nor do they receive any direct remuneration from Gabinohome. Their role is one that any Gabinohome user may voluntarily access; their function is purely informative and community-oriented. They freely share travel experiences and destination tips on their own initiative, without coordinating their communications with Gabinohome, but in compliance with Gabinohome's rules of use and those specifically created for the Ambassador role.
4.4. AI Agents and Automated Tools
Gabinohome may use automated systems, artificial intelligence or virtual assistants to improve customer service, search, recommendation or moderation processes.
External AI agents may connect to Gabinohome provided they identify themselves as such and operate under the prior registration of a natural or legal person who shall be legally liable in all respects for their actions.
AI agents are obliged to comply with API request limits (rate limits) in order to prevent denial-of-service attacks or unauthorised scraping of the listing catalogue.
GABINOHOME shall not be liable for the actions, errors or contractual commitments assumed by third-party AI Agents operating on the Platform without the direct supervision of their human/legal owner.
5.1. No Physical Verification of Properties
Gabinohome does not physically inspect, personally verify or certify the actual condition of the accommodations displayed on the Platform. The descriptions, audiovisual content, inventories, prices, availability and conditions of the accommodation are provided under the exclusive criminal and civil responsibility of the Owners. The publication of a Listing does not constitute a recommendation, endorsement, audit or quality guarantee on the part of GABINOHOME.
5.2. Licences, Authorisations and Registrations for Holiday Rental and Temporary Rental
The Owner declares and guarantees, under their responsibility, that they hold all administrative licences, urban planning permits, mandatory insurance, census registrations and registration codes required by the regional, autonomous community, municipal or state regulations applicable to the type of rental offered. This includes, without limitation:
- Identification codes from the Register of Tourist Dwellings of their Autonomous Community or Municipality.
- Valid responsible declarations.
- Authorisations from Owners' Associations (Neighbours' Communities) where required by law.
- Mandatory communications and reports to the State Security Forces and Bodies.
- Rental registration number and, where applicable, the Cadastral Reference Number.
It is the Owner's obligation to provide both the Temporary Rental or Tourist Rental Registration Number and the Cadastral Reference or its equivalent for the property.
The Platform shall automatically exclude the Listing from rental search results where a valid cadastral reference or the necessary licences for its exploitation are missing, or shall otherwise fully block the reservation funds where the Owner has not duly completed the registration of holiday licences or rental registrations and cadastral number, with truthful and official data, without prejudice to Gabinohome's right to demand and charge the financial costs to the Owner.
GABINOHOME is fully exonerated from any liability for the lack or expiry of such permits, and reserves the right to purge from the Platform any Listings that do not display the mandatory legal registration number.
6.1. Integrated Payment System and Custody of Funds
The payment processing, reconciliation and management services on the Platform are carried out through the regulated payment entity Stripe Technology Europe Limited (hereinafter, "Stripe"), through Stripe's operational architecture.
GABINOHOME is not a payment entity and does not collect, hold or manage third-party funds. All amounts paid by Tenants are deposited and held directly in safeguarded bank accounts owned by Stripe in accordance with the applicable payment services regulations (PSD2/PSD3).
6.2. Creation of Connected Accounts for the Owner (Connected Accounts)
In order to receive reservation funds, Owners agree to create and keep active a Stripe connected account linked to the Platform.
Users understand that the receipt, temporary retention, release and eventual reversal of funds depend directly on Stripe's computer, regulatory and banking protocols.
GABINOHOME acts solely as a technological agent that relays computerised collection and payment instructions to Stripe based on the status of reservations and on Gabinohome's General Terms and Conditions that each user must accept before registering and operating with the Platform.
Registration of Owners in the Payment System
During Stripe onboarding (SetupIntent), the Owner must add their bank account number to receive the funds from reservations made and is obliged to link and keep active a valid credit/debit card or payment method as a guarantee for the collection of Stripe fees and commissions assigned to their operations in the event that they cancel reservations outside the grace period.
Enforcement and penalties for non-payment: If the Owner incurs cancellation penalties and there is no retained balance, Stripe shall execute the automatic charge on said backup card. In the event of a failed charge, Gabinohome may suspend the Listing, disable the profile and block dates on the calendar.
6.3. Express Submission to Stripe's Terms by Users
Use of the gateway requires the unrestricted acceptance of Stripe's specific legal terms.
By validating these conditions, Users declare their acceptance of the Stripe connected accounts agreement, which incorporates the Stripe Services Agreement and Stripe's Privacy Policy.
In the event of a technical or operational conflict between Stripe's banking regulations and this contract, the provisions imposed by Stripe shall prevail.
6.4. Identity Verification (KYC / AML / KYB)
In order to mitigate fraud, money laundering and the financing of terrorism, Gabinohome or Stripe may activate mandatory identity verification processes (Know Your Customer / Know Your Business) at any time.
In this regard, Users shall be required to provide:
- Valid National Identity Document (DNI), NIE or Passport.
- Bank certifications of account ownership.
- Corporate deeds and reliable identification of the ultimate beneficial owners (for legal persons).
- Documentary proof of address or tax residence.
Failure or refusal to complete KYC verification within the technical timeframes granted shall confer upon GABINOHOME the power to block transactions, retain accumulated balances of the Connected Account or immediately cancel the profiles involved.
7.1. Perfection of the Digital Reservation
Direct Communication between Users prior to Payment of the Reservation.
Tenants and Owners may freely maintain technical communications prior to payment, which shall be understood as preliminary, non-binding negotiations for the Platform.
The reservation shall be considered firm in the system once the Owner accepts the Reservation Request and the Tenant proceeds with the concurrent disbursement of two economic components in the reservation payment:
The rental price for the specific check-in and check-out dates and the Gabinohome Fee. In the event of currency exchange, Gabinohome may increase its commission (Gabinohome Fee) to adjust for this additional cost.
The rental price shown in the Reservation Request is the amount the Owner shall receive in full if the transaction is executed without incidents, cancellations or disputes.
For Seasonal Rental, also called (Monthly Rental or Medium-Stay Rental or Mid-Season Rental), the Rental Price payable equals the price of the first month of rent, since the following and successive months the Tenant shall pay the Owner directly.
If the reservation is for a rental of one month and some fractional days of the following month, the remaining days outside the first month shall be collected by the Owner directly from the Tenant.
The Minimum Gabinohome Fee is:
- €150 for Seasonal Rental per transaction.
- €50 for Holiday Rental per transaction.
Please note that the Tenant makes a single payment for the total reservation amount, broken down for information purposes into Rental Price plus the Gabinohome Fee.
Rental Price:
- For Monthly Rental: Amount equivalent to the first month's rent.
- For Holiday Rental: Amount equivalent to 100% of the stay booked.
Gabinohome Fee:
- The Fee is a percentage commission applied to the value of the reservation that GABINOHOME receives as consideration for the technical maintenance costs of the Platform. This fee accrues VAT or the equivalent applicable tax according to the User's tax residence and the tax regulations in force in Spain.
The Gabinohome Fee is non-refundable under any circumstances. Users acknowledge this fact upon accepting the General Terms and Conditions and also upon reading the Gabinohome instructions for use published on the website, except in the specific cases detailed in these General Terms and Conditions.
The Rental Price plus the Gabinohome Fee constitute what we call the Reservation Payment or Total Reservation Payment.
7.2. Release of Funds to the Owner
The reservation payment is assigned to Gabinohome's account under custody in the Stripe payment system during the waiting period from payment until check-in at the accommodation, at which point Stripe releases the funds so that Gabinohome may forward them to the Owner.
Twenty-four (24) hours after the Check-in date and time set in the reservation, and provided the Tenant has not notified an essential deficiency pursuant to Clause 8, Gabinohome shall transmit to Stripe the technical instruction to release and transfer the Payment to the Owner (less the Gabinohome fee).
Estimated Check-in Time: the 24 hours are counted from the official estimated Check-in time set in the reservation (or the actual time if the Owner's confirmation is later).
Check-in confirmation: Active confirmation of Check-in is mandatory by both parties; both Tenant and Owner must confirm check-in through their Gabinohome account. If not, the funds shall be retained until confirmation or, where applicable, up to 30 days after check-in.
Maximum Limit for Absence of Confirmation (31 days): if 24 hours have elapsed and neither party has made the manual confirmation and there is no claim or dispute, the funds shall be automatically sent to the Owner upon 31 calendar days from the official Check-in date.
7.3. Breakdown of Additional Monetary Components
- Risk Usage Fee: Must be approved by the affected user before executing a reservation payment or receiving a reservation payment. GABINOHOME reserves the exceptional right to require an additional, independent technical Usage Fee from the Tenant or Owner if high credit risk or non-payment parameters are detected, in order to cover Stripe's extraordinary costs.
- Owner Cancellation Penalty: GABINOHOME reserves the right to record a retention or account entry against the Owner equivalent to Stripe's commissions, intended to cover the economic damages and bank commissions if the Owner cancels unjustifiably or breaches the basic contractual conditions of the Accommodation.
8.1. Non-Extendable Notification Period
The Tenant shall have a period of twenty-four (24) hours counted from Check-in or the effective start of the Entry Date to audit the property and file formal claims regarding serious deficiencies.
The claim or opening of disputes must be sent obligatorily to info@gabinohome.com, accompanied, inexcusably, by reliable evidence (graphic reports, dated photographs and high-resolution videos).
Once the 24-hour threshold has passed, the system shall presume as a matter of law that delivery was fully successful. GABINOHOME shall not handle claims nor process refunds, and any subsequent dispute must be resolved directly and exclusively against the Owner under the rules of civil law or the private rental agreement.
8.2. Numerus Clausus Catalogue of Essential Deficiencies
Halting the release of funds shall only be considered justified if any of the following material situations occur:
- Physical non-existence of the advertised property or rental identity fraud.
- Material impossibility of access not attributable to the Tenant (e.g., change of locks without notice) or non-delivery of keys.
- Flagrant and substantial discrepancy between the characteristics published in the Listing and the physical reality of the property (serious structural layout error).
- Critical uninhabitability conditions entailing immediate serious risks to the health, hygiene or physical integrity of persons.
- Prior occupation by third parties preventing the peaceful enjoyment of the contracted Accommodation.
In these cases, notification must be sent obligatorily to info@gabinohome.com for the opening of a dispute.
9.1. Cancellation for Serious Breach by the Owner
If the Owner engages in an unjustified cancellation after confirmation of the reservation, or if an Essential Deficiency (pursuant to Clause 8.2) is reliably established during the first 24 hours of the entry, the following legal consequences shall apply:
- More than 30 days prior to Check-in: The Owner assumes the commission Stripe invoices to Gabinohome for use of its system. Gabinohome charges no commission or fee to the Owner.
- Less than 30 days prior to Check-in: The Owner assumes the commission Stripe invoices to Gabinohome for use of its system. Gabinohome charges no commission or fee to the Owner.
- Less than 72 hours prior to Check-in: The Owner assumes the Gabinohome Fee.
GABINOHOME shall have the immediate right to pass on, charge or invoice the Owner (by charging their Connected Account) a penalty equivalent to the commissions charged by Stripe due to the reversal of the transaction.
9.2. Cancellation by the Tenant
- 24-Hour Grace Period: following payment of the reservation, the Tenant or Owner has 24 hours to cancel with a 100% refund provided the entry is 15 days or more away in the case of holiday rental or 30 days or more away in the case of monthly or temporary rental.
- Cancellation made more than 30 days prior to Check-in: 100% of the first month's reservation or the reservation price allocated to the rental days paid is refunded. The Gabinohome Fee is non-refundable, nor are the costs of Stripe commissions for currency exchange, where applicable.
- Cancellation made less than 30 days prior to Check-in: 100% of the total reservation payment is non-refundable.
This voluntary withdrawal regime for the Tenant shall only apply if at least thirty (30) days elapse between payment of the reservation and the official Entry Date or Check-in assigned in the initial reservation form. Modifications made after payment of the reservation shall not be taken into account for cancellation periods.
Once the reservation has been paid, the following resolution scenarios are structured:
- Cancellation made more than 30 days prior to Check-in for temporary rental: The Gabinohome Fee accrued in favour of GABINOHOME shall under no circumstances be refundable, as the technological support is deemed fully performed.
- Cancellation made 30 days or less prior to Check-in: The Tenant shall lose the right to reimbursement of the total reservation amount paid. GABINOHOME shall order the transfer to the Owner of 100% of said Initial Payment, after automatic deduction of the Gabinohome Fee retained by the Platform.
- Withdrawal or Early Departure: If the Tenant voluntarily or forcibly leaves the Accommodation before the fixed Check-out date, all GABINOHOME commissions shall be deemed consolidated, with no right to reductions or pro-rata adjustments of any kind.
- Special Note on European Payment: If the Tenant fails to comply with their obligation to verify identity or to provide a valid SEPA direct debit mandate (within the EEA) or a valid bank card (outside the EEA) for profile validation, and where applicable solvency, in situations where the payer is different from the Tenant, GABINOHOME may revoke the reservation by applying the late cancellation penalties described herein.
10.1. Allocation of Financial Risk for Chargebacks
Owners operating under corporate or professional modalities (B2B/B2C) formally assume the legal status of merchants for payment gateway purposes. Consequently, the Owner fully bears the financial risk of chargebacks, card fraud claims or forced reversals initiated by Tenants' banks. GABINOHOME shall under no circumstances act as a guarantor of collections against reversals by the banking system.
10.2. Right of Set-Off and Recovery of Amounts
The Owner expressly, irrevocably and unconditionally authorises the use of the backup payment method (SetupIntent) by GABINOHOME to offset, debit and recover any amount owed by Stripe in accordance with the technical capabilities of the Stripe payment gateway.
To this end, GABINOHOME is empowered to execute retention, deduction and set-off actions on any present or future balance of their connected account, as well as to order direct automatic charges on the backup card or payment method (SetupIntent) mandatorily registered by the Owner during their onboarding process.
GABINOHOME may immediately and automatically recover amounts equivalent to:
- Dispute Chargebacks: Funds retained or settled by Stripe arising from chargebacks, reversals or bank fraud claims initiated by Tenants at their bank against Gabinohome or Stripe for the specific transaction.
- Administrative and Banking Fees: Processing fees for disputes or penalties imposed by card networks and banking entities.
- Owner Cancellation Penalties: Amounts applicable for unjustified cancellations or contractual breaches attributable to the Owner.
- Legal Defence Costs: Administrative, expert or procedural costs incurred by the Platform to dispute or manage fraudulent claims or public administrative breaches by the Owner associated with the Owner's Listings for which Gabinohome has been sanctioned or fined.
- Collection Guarantee and Penalty for Non-Payment: If the deduction actions or automatic charge on the backup payment method fail due to insufficient funds, bank rejection or inactivity, an unpaid debtor balance shall be recorded on the Owner's account. GABINOHOME shall proceed with the immediate suspension of the Listing, deactivation of the profile and automatic blocking of the property calendar for the affected dates, preventing the receipt of new reservations until full settlement of the debt.
11.1. Exemption from Liability
Gabinohome shall not be liable for any failure or delay in the performance of its contractual obligations if such failure results directly or indirectly from events beyond its reasonable control (Force Majeure Events).
11.2. Catalogue of Events
Force Majeure events shall include natural disasters, acts of government (declaration of states of alarm, emergency or siege, closure or restriction of airspace, strict health confinement regulations), direct warlike situations, wars, acts of terrorism, epidemics, pandemics or general strikes.
11.3. Mitigation and Compensation
Gabinohome shall notify affected Users as soon as possible and shall adopt technically feasible measures to mitigate the impact. Users acknowledge that they may not claim compensation for losses arising from such events.
11.4. Economic Regime for Refunds in Force Majeure Cancellations
In duly justified cancellations attributable to external and extraordinary Force Majeure causes preventing the Tenant's arrival:
- Rent Refund: The Tenant shall be refunded the amount of the rental payment (rent or reservation) paid.
- Deduction of Financial Expenses: An automatic deduction shall be applied to the amount to be refunded equivalent to the non-recoverable financial expenses charged by the payment gateway (Stripe) arising from the transaction and its subsequent refund.
- Consolidation of the Gabinohome Fee: The Gabinohome Fee shall not be refundable, remaining consolidated as consideration for the technical infrastructure, data processing, payment system costs and operational support of the reservation already performed by the Platform.
For the specific purpose of protecting Tenants against identity impersonation scams and unprotected transactional diversions, Owners and Tenants are strictly prohibited from circumventing the Platform environment to finalise reservations externally, divert traffic or exchange contact details with the intention of evading the fees for the service provided by Gabinohome.
In the event of detecting communications aimed at perfecting opaque reservations or payments outside Gabinohome's Stripe account following initial contact on the website, GABINOHOME reserves the right to indefinitely suspend the accounts of the parties involved.
13.1. Nature of the Content
Once the reservation cycle is completed, Tenants may submit ratings, metric scores and written comments regarding the actual conditions of the Accommodation and the commercial conduct of the Owner. These opinions reflect personally and exclusively the judgement of their direct authors; GABINOHOME does not endorse, validate or guarantee the technical veracity of such reviews. Reviews shall remain published anonymously if the reviewer cancels their Gabinohome account.
13.2. Prohibition of Manipulation and Data Purging
It is expressly prohibited to deploy reputational manipulation tactics, including the publication of false cross-reviews, coercing the Tenant to obtain positive ratings, or the use of fictitious accounts. GABINOHOME shall audit and remove ex officio any comments that include offensive terms, insults or sensitive data that infringe current regulations.
In order to preserve the system's history, voluntary cancellation of an Owner's profile shall not entail the deletion of their historical reviews, which may be anonymised to safeguard the transparency of the Marketplace. Irreversible anonymisation does not constitute personal data processing following profile cancellation pursuant to Clause 17 of these General Terms and Conditions.
GABINOHOME designates as its Single Point of Contact for authorities and users (DSA) the email address: info@gabinohome.com.
In faithful observance of the European Digital Services Regulation (Regulation EU 2022/2065 - Digital Services Act), GABINOHOME provides a direct communication channel accessible via the email info@gabinohome.com to report allegedly illegal content, misleading Listings or intellectual property infringements.
Following receipt of a notification with sufficient grounds of illegality, the Platform shall activate its internal protocols to:
- Suspend the precautionary visibility of the reported Listing.
- Notify the affected Owner so that they may submit their arguments within a framework of legal proportionality.
- Definitively remove the content in the event of establishing activities contrary to law.
GABINOHOME, under the DSA regime, acts as an intermediary provider of information society services, and no general obligation of prior supervision or active monitoring of hosted content rests upon the entity.
15.1. Reserved Rights of the Platform
All elements comprising the Platform (source code, database architecture, registered trademarks, logos, interface designs, trade secrets and search algorithms) are the exclusive and reserved property of GABINOHOME S.L. Any act of automated data extraction (web scraping), copying or reverse engineering of the software without prior written authorisation is prohibited.
15.2. User Content Licence
By uploading photographic material, videos, literary descriptions or layout plans to a Listing, the User retains ownership of the corresponding moral rights but grants GABINOHOME S.L. a worldwide, non-exclusive, royalty-free, transferable and sublicensable licence for the entire duration the Listing remains online. This licence empowers GABINOHOME to reproduce, disseminate, transform, technically index in external search engines and publicly communicate such multimedia assets on its portals and corporate promotional media.
Likewise, Gabinohome users authorise their personal data to be processed and published by Gabinohome in order to improve the use of the Platform and its functions, both for public and internal use of the same and with other users.
16.1. Compliance with the DAC7 Directive
By virtue of the legal transpositions of European Directive (EU) 2021/514 (DAC7) and the Spanish tax regulations applicable to digital platform operators, GABINOHOME is legally obliged to collect, verify and annually report to the Spanish Tax Agency (AEAT) the tax data and aggregated economic income obtained by Owners through transactions carried out on the Platform.
16.2. Right of Recourse for Administrative Penalties
The Owner is the sole legal party responsible for exact compliance with their tax obligations (personal income tax, VAT, corporate tax or local tourist taxes). In the event that a tax, judicial or administrative authority imposes an economic penalty, fine or derived asset liability on GABINOHOME due to omissions, documentary falsehoods or lack of licences attributable to the Owner, the Owner shall be obliged to fully indemnify GABINOHOME for all damages, procedural costs, legal defence expenses, default interest and fines paid, with the Right of Recourse being immediately activated.
GABINOHOME carries out the automated processing of personal data collected in strict compliance with the General Data Protection Regulation (GDPR - Regulation EU 2016/679), Organic Law 3/2018 (LOPDGDD) and other related sectoral regulations. The rights of access, rectification, erasure, objection, restriction and portability (ARCO Rights) may be exercised by data subjects in accordance with the technical guidelines specified in the binding text of our Privacy Policy.
GABINOHOME deploys its best technical efforts to ensure the operational continuity of the Platform. However, it does not guarantee an uninterrupted, permanent or error-free service.
The technical service may be temporarily suspended due to scheduled maintenance work, failures of third-party network nodes, technical incidents in Stripe's core servers or cloud hosting providers, denial-of-service (DDoS) cyberattacks or any contingency classified as Force Majeure, without such events entitling users to claim compensation for loss of profit or commercial damages.
19.1. Exclusion of Consequential Damages and Loss of Profit
To the maximum extent permitted by Spanish civil and commercial laws, GABINOHOME S.L., its directors, employees and agents shall under no circumstances be liable for indirect or consequential damages, loss of profit, loss of business opportunities, loss, 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.
19.2. 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.
20. 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.
21. GOVERNING LAW AND JURISDICTION
21.1. 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.
21.2. 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.
21.3. 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.
