Homestays with Kids

Introduction

This contractual document shall govern the General Conditions for contracting intermediation services for home exchange and homestay accommodation (hereinafter,"Conditions") through the website https://www.homestayswithkids.com/, owned by Selene García Pérez under the trademark Homestays with Kids, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website.

These Conditions will remain published on the website available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable.

Contracts shall not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER:

You have read, understand and comprehend the above.
You are a person with sufficient capacity to contract.
Assumes all obligations set forth herein.

These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER's website.

The PROVIDER informs that the merchant is responsible and aware of the legislation in force, and reserves the right to unilaterally modify the conditions, without affecting the terms and conditions that were implemented prior to the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the services contracted by the USER is Selene García Pérez, with registered office at Camí Font del Rossinyol, 36 - Sant Fost de Campsentelles - 08105 (Barcelona), NIF 53650435Z.

And on the other hand, the USER, registered on the website (either as a guest, host or both) by means of a user name and password for which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.

Object of the contract

The purpose of this contract is to regulate the contractual purchase and sale relationship between the PROVIDER and the USER at the moment the USER accepts the corresponding box during the online contracting process.

The contractual relationship of purchase and sale entails the delivery, in exchange for a determined price and publicly displayed through the website, of an intermediation service for the exchange of houses and family accommodation.

Rectification of data

When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he/she may notify this to hola@homestayswithkids.com so that Selene García Pérez can correct them as soon as possible.

The USER may keep their data updated by accessing their user account.

Contracting procedure

The USER, in order to access the services offered by the PROVIDER, must be of legal age, have parental custody of those minors registered within their family unit and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and in the Privacy Policy of this website.

The USER will select a username and password, undertaking to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft thereof or possible access by an unauthorised third party, so that the PROVIDER may proceed to block them immediately.

Once the user account has been created, the user is informed that, in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

General terms and conditions.
Activation of services.
Right of withdrawal.
Complaints and online dispute resolution.
Force majeure.
Jurisdiction.
Generalities of the offer.
Price and period of validity of the tender.
Method of payment, costs and discounts.
Purchasing process.
Dissociation and suspension or termination of the contract.
Warranties and returns.
Applicable law and jurisdiction.

1. GENERAL TERMS AND CONDITIONS.

Unless otherwise stipulated in writing, the execution of an application for registration and annual subscription to the PROVIDER implies the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

2. ACTIVATION OF SERVICES.

The PROVIDER will not activate any service until it has verified that payment has been made.

As the order does not entail the physical delivery of any product, the contracted services being activated directly from the website once the payment of the annual subscription has been made, the PROVIDER will automatically activate the service.

In the case of USERS who only want to be hosts, it is sufficient for them to register on the website, with no need for subscription.

Non-execution of the distance contract

In the case of the provision of a service, this will be available from the moment the USER has paid for it and can be activated according to the PROVIDER's conditions, and the service will be considered to have started at that moment.

In the event that the contract cannot be executed because the contracted service is not available on time, the USER will be informed of the lack of availability and will be entitled to cancel the subscription and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.

In the event of unjustified delay on the part of the PROVIDER with regard to the refund of the full amount, the USER may claim payment of double the amount due, without prejudice to his right to be compensated for any damages suffered in excess of this amount.

The PROVIDER shall not assume any responsibility when the activation of the service is not carried out due to false, inaccurate or incomplete data provided by the USER.

The provision of the service shall be deemed to have been carried out when the USER has activated the service, i.e. has successfully paid the annual subscription.

3. RIGHT OF WITHDRAWAL

The USER has a period of fourteen (14) calendar days, counted from the date of conclusion of the purchase contract if it is a provision of a service, to exercise the right of withdrawal, regulated in article 102 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty to provide information and documentation on the right of withdrawal, the period for its exercise will end twelve months after the expiry date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.

The right of withdrawal shall not apply to the contracts referred to and listed in article 103 of RDL 1/2007. Therefore, the right of withdrawal is excluded due to the following reasons:

Service already started and loss of the right of withdrawal once it has been fully executed.

Any intention on the part of the USER to withdraw must be communicated to the PROVIDER, requesting a return number using the form provided for this purpose, or by e-mail to hola@homestayswithkids.com, indicating the corresponding invoice or order number.

WITHDRAWAL FORM

(You should only complete and send this form if you wish to withdraw from the contract or service contracted).

For the attention of (here you must insert the name of the company, full address and, if available, telephone, fax and e-mail numbers):
I/We hereby inform you (*) that I/We hereby withdraw from my/our (*) contract for the sale of the following good/provision of the following service (*).
Ordered on/applied for on (*).
Name and address of the consumer and user(s).
Date and signature of the consumer and user or consumers and users.

4. COMPLAINTS AND ONLINE DISPUTE SETTLEMENT

Any complaint that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:

Postal: Selene García Pérez, Camí Font del Rossinyol, 36 - Sant Fost de Campsentelles - 08105 (Barcelona).

E-mail: hola@homestayswithkids.com

The PROVIDER is not responsible for any subsequent claims or personal problems that may arise between guests and hosts during or after the accommodation.

Online Dispute Resolution

Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a freely accessible platform for online dispute resolution between the USER and the PROVIDER, without recourse to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the cessation of the force majeure event.

6. JURISDICTION

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.

Should any stipulation of these conditions be considered null and void or impossible to fulfil, the validity, legality and fulfilment of the rest will not be affected in any way, nor will they be modified in any way.

The USER declares that he/she has read, knows and accepts these Conditions in their entirety.

7. GENERALITIES OF THE OFFER

All sales made by the PROVIDER shall be understood to be subject to these Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of Selene García Pérez or to what is stipulated herein shall have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall prevail.

Given the continuous technical advances and improvements in the services, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, as long as it does not affect the value of the services offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the services offered is affected.

The USER must complete the configuration of the profile in all the sections requested by the PROVIDER in order to be able to contact the familie.

8. PRICE AND PERIOD OF VALIDITY OF THE OFFER

The prices indicated for each subscription service include Value Added Tax (VAT) or other taxes that may be applicable. Likewise, under no circumstances does the subscription include the cost of transport to the accommodation, food allowances, private communications between the guest and host or any other derived expenses that may be unrelated to the service provided by the PROVIDER.

The prices applicable to each service are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the services may vary in real time.

Before making the purchase you will be able to check online all the details of the quotation: services, quantities, price, availability, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.

Any payment made to the PROVIDER will result in the issuing of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice will be sent in PDF format when the subscription is confirmed.

For any information about the order, the USER may contact the USER by e-mail at hola@homestayswithkids.com.

9. METHOD OF PAYMENT, COSTS AND DISCOUNTS

The PROVIDER is responsible for the economic transactions and offers the following ways to pay for an order:

Stripe

Security measures

The web site uses information security techniques generally accepted in the industry, such as SSL, data entered in secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the USER accepts that the PROVIDER obtains data for the purpose of the corresponding authentication of access controls.

The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.

The following activities are prohibited under the card brands' programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).

10. PURCHASING PROCESS

Budget simulation

The annual subscription service offered by the PROVIDER can only be purchased and/or renewed once per USER and the price is unique.

Verification of invoicing data:

Verification of the provision of the service.
Selection of the method of payment.
Placing the order (purchasing and paying for the subscription).

Once the order has been processed, the system instantly sends an e-mail to the PROVIDER's management department and another to the USER's e-mail confirming that the order has been placed.

At that moment, the USER will have access to his/her account and will be able to fill in all the identification data requested by the PROVIDER for the purpose of prevention and security.

11. DISENGAGEMENT AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, for any valid reason, including, without limitation, where the USER fails to comply with or follow any of the obligations set out in this document or any applicable legal provision, licence, regulation, directive, code of practice or usage policy.

Likewise, the PROVIDER may cancel the USER's subscription without the right to a refund in the event that it receives formal complaints from other users that may constitute immoral or problematic conduct for coexistence.

When exercising any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the USER.

12. WARRANTIES AND RETURNS

The guarantees shall comply with the provisions of the Title referring to "Guarantees and after-sales services" of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.

13. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by or interpreted in accordance with Spanish legislation in all matters not expressly established. Any dispute that may arise from the provision of the services covered by these Conditions shall be submitted to the courts and tribunals of the USER's domicile, the place of fulfilment of the obligation or the place where the property is located if it is immovable.

General Terms and Conditions