Terms & Conditions Surf Accommodations
Last updated 24/02/2015
1.1 Definition of Key Terms
2. The “Surf Accommodations”
2.1 Registration Account
2.2 Accommodation Listings
2.3 Booking System for Hosts and Financial Management
2.4 Booking System for Guests and Financial Management
3. Service Fees and Parity Rate
4. Foreign Currency Management
5. Cancellation and Refunds
7. Users Conduct
8. Management of the Accommodations Damages
9. Privacy & Cookies
11. Ownership and Copyright
12. Suspension, Termination and Surfintrip Account Cancellation
13. Disclaimers and Indemnification
14. Restricted Countries
15. Agreement and Assignment
16. Controlling Law, Jurisdiction and Dispute Resolution
These Terms and Conditions of Service “Surf Accommodations” (as defined below and hereafter globally the “Terms”) provide important information regarding the operation of our service called “Surf Accommodations”, your legal rights, remedies, limitations and restrictions, a clause that governs the jurisdiction and venue of disputes, and the obligations to comply with applicable laws and regulations.
Surfintrip provides an online booking platform that connects hosts of accommodations (as defined below) to rent close to places where you can go surfing(hereafter globally “Surf spot”) and Guests that wish to rent such accommodations (hereafter globally the “Service”). The service is available on www.surfintrip.com (hereafter globally the “Website”), and any other website through which Surfintrip make available such Services. By using the Website, you agree to comply with and be legally bound by the terms and conditions of these Terms, whether or not to become a member of the Service. These Terms govern the access and use of the Website, the Service and all Content (as defined below) and constitute a binding agreement between you and Surfintrip. If you do not agree with these Terms, you have no right to obtain information from or otherwise continue to using the Website or the Service. Failure to use the WebSite in accordance with these Terms may subject you to civil and criminal penalties.
The Website and the Services includes an online platform through which the owners (as defined below) may create ads (as defined below) for accommodations (as defined below) and guests (as defined below) may learn about and book accommodations directly with the owners. You understand and agree that Surfintrip is not part of any contract between hosts and guests, and Surfintrip is not a real estate broker, agent or insurer. Surfintrip has no control over the conduct of owners, guests and other users of the Website or Services or any accommodations and disclaims all liability in this regard to the fullest extent permitted by law.
Its important to point out that owners should understand how the laws work in their respective cities. Some cities have laws that restrict their ability to host paying guests for short periods. These laws are often part of a city’s zoning or administrative codes. In many cities, the owners must register, get a permit or obtain a license before publishing a property or accepting guests. Some types of short-term bookngs may be prohibited altogether. The different local governments can vary greatly in how they enforce these laws. Penalties may include fines or other enforcement. Owners should review local laws before creating an ad on Surfintrip.
If you are using the Website or the Service, you are contracting with Surfintrip SCP with its registered office at Calle Cangrejo n. 16, Corralejo, 35660 Oliva (LA) -Palmas (LA), NIF (VAT) n. J76214683.
Certain areas of the Website, as well as access or use by you of certain aspects of the Services or Content, may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions.If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Website, the Service sor Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Website, Services or Content.
You acknowledge and agree that by accessing or using the Website or Services, or posting any content on the Website or through the Services, you are indicating that you have read and that you understand and agree to be bound by these terms, whether or not you have registered with the Website. If you do not agree to these terms, then you have no right to access or use the Website, Services or Content.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in that event, “you” and “your” will refer and apply to that company or other legal entity.
Surfintrip reserves the right, in its sole discretion, to modify the Website or Services, or to modify these Terms, including Service Fees, at any time without prior notice. If we modify these Terms, we will post the modification on the Website, or we will provide you with notice of the modification. We will also be update the “last updated date” at the top of these Terms. By continuing to access or use the Website or the Services after we have posted a modification of the Website or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified are considered not acceptable, your only recourse is to cease using the Website and the Services in question.
The Website and the Services are intended only for persons who are 18 or older. Any access or use of the Website or the Services by anyone under 18 is expressly prohibited. By accessing or using the Website or Services, you represent and warrant that you are 18 or older.
The failure enforcement by Surfintrip of any right or provision of these Terms shall not constitute a waiver of such right or provision future. The waiver of such right or provision shall be effective only if prepared in writing and signed by a duly authorized representative of Surfintrip.
1.1 Definition of Key Terms
In these Terms we use the following key terms:
- “Terms” means the Terms of Service and Conditions of Service “Surf Accommodations”;
- “Surf Accommodations” is the service conceived by Surfintrip that connects owners of accommodations close to places where you can go surfing to guests that wish to rent such accommodations through an online booking platform;
- “User” means a person who completes Surfintrip’s account registration process, including, bit not limited to others, owners and guests, as described in the “Log in account” of these Terms;
- “Guest” means a User who requests from a owner a booking of an Accommodation through the Website or Services, or a User that stays at an Accommodation and is not the owner of this Accommodation.
- “Host” means a User who creates an ad through the Website and Services.
- ” Accommodation ” or “Accommodations” means the physical space where you are staying and include hotels, houses, villas, boats, bed & breakfast, apartments, lofts, rooms, resorts, hostels and campers.
- “Listing” means an Accommodation that is listed by a Host as available to rental owner through the Website and the Services.
- “Booking Request Period” means the time period starting from the time when a booking is requested by a Guest (as determined by Surfintrip in its sole discretion), within which a Host may decide whether to confirm or reject the request that booking, as stated on the Website or the Services. Different Booking Request Periods may apply in different places.
- “Surfintrip Content” means all Content that Surfintrip makes available through the Website, and Services, including any Content licensed from a third party, but excluding Member Content.
- “Content” means the User Content and Surfintrip Content.
- “Content” means text, graphics, images, music, software, audio, video, information, or other materials.
- “User Content” means all the content that a user enters, upload, post, transmit or forwards so that they are visible through the Site or Services.
- “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention center fees) that accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
- “Accommodation price” means the amounts that are due and payable by a Guest in exchange for that Guest’s stay in an Accommodation. The Host alone, and not Surfintrip, determines these amounts. The Host may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the Surfintrip platform, or (ii) Taxes that the Host determines that he or she has to collect.
- “Host Fee” means the fee that Surfintrip charges a Host for the use of its online platform, which is calculated as a percentage of the applicable Accommodation Fees. The Host Fees will be displayed to the Host when the Host is asked whether to confirm or reject a booking request from a prospective Guest.
- “Exchange Rate Base” means a system-wide rate used by Surfintrip for foreign currency conversion that is in effect at the time the foreign currency conversion is processed, and does not include any fee or mark-up by Surfintrip. Surfintrip establishes the Base Exchange Rate using data from one or more third parties for example www.xe.com.
2. The “Surf Accommodations”
“Surf Accommodations” is the service conceived by Surfintrip that connects Hosts of Accommodation close to places where you can go surfing to Guests that wish to rent such Accommodations through an online booking platform. The Website facilitates the publication of ads and the booking of residential properties or other type (the “Accommodations”). These accommodations are included in the Listing of the Website and the Services by the Hosts. You can view the ads as an unregistered visitor of the Website and Services; However, if you want to book an Accommodation or create an ad, you need to register and create an Account Surfintrip (as defined below).
As stated above, Surfintrip makes available an online platform with related technology for Guests and Hosts to meet online and arrange for bookings of Accommodations directly with each other. Surfintrip is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations and Surfintrip does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel services. Unless explicitly specified otherwise in the Surfintrip platform, Surfintrip’s responsibilities are limited to: (i) facilitating the availability of the Site and Services and (ii) serving as the limited payment collection agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.
Please note that, as stated above, the Website and Services are intended to be used to facilitate Hosts and Guests connecting and booking accommodations directly with each other. Surfintrip cannot and does not control the content contained in any listings and the condition, legality or suitability of any accommodations. Surfintrip is not responsible for and disclaims any and all liability related to any and all listings and accommodations. Accordingly, any bookings will be made at the guest’s own risk. Also, Surfintrip can, in its sole discretion, to promote property of the section Surf Accommodations, positioned in ideal locations for the practice of Surf, through a section of the Website called “Surf Trips”. The section may include, without limitation, a program of typical days proposed by any third party organizer, information on surf spots, transport to and from the airport managed and distributed by the owner and / or his supplier , tips on the best surf season, where to eat, places to visit, services included and not.
Please note that the information contained in the section on “Surf Trips”, as well as all other informations contained in other areas of the Website, are advice based on the experience of the staff of Surfintrip and are not binding or mandatory and therefore not responsible Surfintrip and disclaims any liability with regard to the information and advice contained in Surf Trips and beyond.
The purpose of this service is always to connect the Hosts of accommodation and Guests who wish to embark on a journey through the wonderful places that we recommend booking through an online platform.
2.1 Account Registration
In order to access certain features of the Site, and to book an Accommodation or create a Listing, you must register to create an account (“Surfintrip Account”) and become a User. You may register to join the Services directly via the Site or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites (including, but not limited to, Facebook), via our Site. As part of the functionality of the Site and Services, you may link your Surfintrip Account with Third-Party Accounts providing your Third-Party Account login information to Surfintrip through the Site and Services or allowing Surfintrip to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Surfintrip and/or grant Surfintrip access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Surfintrip to pay any fees or making Surfintrip subject to any usage limitations imposed by such third-party service providers. By granting Surfintrip access to any Third-Party Accounts, you understand that Surfintrip will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account so that it is available on and through the Site and Services via your Surfintrip Account and Surfintrip Account profile page. Unless otherwise specified in these Terms, all Third-Party Content, if any, will be considered to be User Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Surfintrip Account on the Site and Services. Please note that if a Third-Party Account or associated service becomes unavailable or Surfintrip’s access to such Third-Party Account is terminated by the third-party service provider, then Third-Party Content will no longer be available on and through the Site and Services. You have the ability to disable the connection between your Surfintrip Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. Surfintrip makes no effort to review any Third-Party Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Surfintrip is not responsible for any Third-Party Content.
We will create your Surfintrip Account and your Surfintrip Account profile page for your use of the Site based upon the personal information you provide to us or that we obtain via Third-Party Account as described above. You may not have more than one (1) active Surfintrip Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Surfintrip reserves the right to suspend or terminate your Surfintrip Account and your access to the Site and Services if you create more than one (1) Surfintrip Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Surfintrip Account, whether or not you have authorized such activities or actions. You will immediately notify Surfintrip of any unauthorized use of your Surfintrip Account.
2.2 Accommodation Listings
As a User, you may create Listings. To create a Listing, you must complete all required fields are required about the property, which is the object of the announcement, including, but not limited to, the location, capacity, size, features, availability and price, and the related rules and financial terms. In order to be inserted in the Listings using the Website and Services, all accommodations must have a valid physical addresses and must be adjacent or at least close to the places where can go surfing. The Surfintrip staff assess the List within 24h by the inclusion by the owner in order to check the position of the property ,the distanceto the surf spots in the area. In case of success will make it publicly available via the Website and Services. Other users will be able to book accommodations through the Website and the Services based upon the information provided in the Listing. You understand and agree that once a Guest requests a booking of your Accommodation, you may not request the Guest to pay a higher price than in the booking request.
You acknowledge and agree that you are responsible for any and all Listings you post.ads. Accordingly, you represent and warrant that any Listing you post and the booking of,or a Guest’stay at, an Accommodation in a Listing you post will not breach any agreements you have entered int with any third parties, such as homeowners association, condominium, lease or rental agreements, and (b) will be in accordance with all applicable laws (such as local laws and laws governing rentals of residential and other properties), the tax requirements, rules and regulations that may apply to any Accommodation included in a Listing you post (including having all necessary permits, licenses and registrations), and (c) will not conflict with the rights of third parties. Please note that Surfintrip assumes no responsibility for a Host’s compliance with any agreement or duty to third parties, laws, rules and regulations. Surfintrip reserves the right at any time and without prior notice to you, to remove or disable access to any Listing for any reason, including Listing that Surfintrip, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or the Policy or otherwise harmful to the Site or Services.
If you are a Host, you understand and agree that Surfintrip does not act as an insurer or an agent. If a Guest requests a booking of your Accommodation and stays there, any agreement with such a guest is an agreement between the Guest and the Host, and Surfintrip is not part of that agreement. Notwithstanding the foregoing, Surfintrip serves as the limited authorized payment collection agent of the Host for the purpose of accepting, on behalf of the Host, payments from Guests of such amounts stipulated by the Host (including cleaning or other fees and/or Taxes).
You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable).
Users are required under these Terms to provide accurate information, and despite Surfintrip can perform additional controls to help verify or check the identity and information of users, does not guarantee, confirmation or endorse any User, nor the information or alleged identity of any of them.
We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Host or to accept a booking request from a Guest, or to have any other interaction with any other User. Surfintrip not responsible for any damage or harm resulting from your interactions with other Users.
By using the Website or Services, you agree that any legal remedy or responsibilities that you will try to get to the acts or omissions of other Users or other third parties, will be limited to a claim against the User in question or the other third party responsible for the damage. You agree not attempt to impose liability or to seek any legal remedy from Surfintrip with respect of such acts or omissions. Accordingly, we encourage you to communicate directly with other Users on the Website and the Services regarding any booking or Listing made by you. This limit does not apply to any claim by an Host against Surfintrip, regarding the remittance of payments received from a Guest by on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
2.3 Booking System for Hosts and Financial Management
If you are a Host that is required a booking their accommodation through the Website and the Services, will be asked to confirm or reject the request for booking within the time acceptance of the booking, otherwise the booking request will be automatically canceled. The time of acceptance of the booking is set at maximum 24h. When prompted for a booking through the Website and the Services, we will share with you the name of the Guest that required a booking, a link to the profile page of the Guest Account Surfintrip, an indication that the name provided by the Guest to Surfintrip when it became User is the name that the guest has linked its Surfintrip Account, so that you can see this information before confirming or rejecting the booking request. If you not able to confirm or you decide to reject a request for a booking Accommodation within the time of acceptance of booking, any amount received by Surfintrip booking request will be credited back to the credit card of the Guest and any applicable pre- authorization of that credit card will be issued. When you confirm a booking request by a Guest, Surfintrip will send an email or a text message confirming this booking, depending on the selections made by you through the Wensite and the Services.
Surfintrip collect your Total price at the time of booking confirmation ( when the Host confirms the booking) and will pay the Accommodation price (less the Fees of the Host and any charges relating to the Fees of the Host (such as’ VAT in Europe) to the Host within 24 hours from the arrival of the Guest to the Accommodation applicable (except in case of repayment to the Guest). The time required for the Host to get paid can vary depending on the reception mode of payment chosen by the Host. Some methods include the use of third-party payment processors, which can charge the Hosts, their additional costs for the use of their services, including through the deduction of the same by the amount of the transaction.
If you have or agree to pay an amount, through Surfintrip, to Surfintrip (whether as a result of a booking or actions as a Guest or otherwise), then Surfintrip may (without being obliged to) withhold the amount due to Surfintrip from any payment due to you as the owner and use that amount in compensation with what you had to Surfintrip. In case Surfintrip exercises that right, your obligation to pay Surfintrip will be settled at an amount equal to what is held by Surfintrip, and Surfintrip will not be bound by any obligations towards you (including, for example, any payment obligation ) with reference to the amount withheld.
By means of this document, the Host shall appoint provisional Surfintrip own agent responsible for collecting payments for the sole purpose of receiving the Accommodation price by Guests.
The Host agrees that the payment made by a Guest through Surfintrip will be treated as a payment granted directly to the Host; the latter will have to put at the disposal of the Guest Accommodation as stipulated above, as if the Host had received the Accommodation Price. The Host agrees that Surfintrip may, according to the cancellation policy choice by the same and shown in the List, (a) allowing the Guest to cancel the booking and (b) reimburse the Guest (through Surfintrip) the percentage of Accommodation Price defined in the cancellation policy applicable. Each Host has the obligation to pay the owner of Surfintrip is subject to and conditional upon the receipt of payment by the Guest, given the fact that Surfintrip accepts the related payments made by Guests as agent provisional collection of payments. Surfintrip not guarantee payments in favor of Hosts of amounts the payment of which has not been properly carried out, by its guests, in favor of Surfintrip. In accepting the appointment of provisional authorized agent of the Guest, Surfintrip assumes no responsibility for any actions or omissions of the Guest.
Please note that Surfintrip currently does not charge commissions for creating List. However, each Host, acknowledge and agree that Surfintrip reserves the right, in its sole discretion, to charge and collect fees from you for creating List. Please note that Surfintrip provide notification of any collection of commission for List using the Website and Services, before implementation of this function. Surfintrip may, in its sole discretion, round down or excess amounts that must be paid by the Guests or Hosts or the functional unit to the nearest whole number that shows the currency.
2.4 Booking System for Guests and Financial Management
The Hosts, and not Surfintrip, are solely responsible to honor any confirmed booking and to make available any accommodation booked through the Website and the Services. If you, as a Guest, choose to conclude a transaction with an Host for the booking of an Accommodation, you understand and agree that you will be required to conclude an agreement with the Host and undertakes to accept any of the terms, conditions, rules and restrictions associated with that imposed by the Host Accommodation. You acknowledge and agree that the responsibility for fulfilling the obligations of these agreements falls upon himself, and not on Surfintrip, Surfintrip that is not part of the agreements, and that, except for payment obligations under this document excludes all liability arising out of or related to these agreements. You acknowledge and agree that regardless of whether Surfintrip is not part of the agreement between the Guest and the Host, Surfintrip will act as agent responsible for the collection of payments of the owner for the sole purpose of accepting payments from you the same in his name and on his own account. Following payment by you to Surfintrip for the total price, your obligation to make payment to the Host for Accommodation price will be extinguish and Surfintrip will be responsible to pay the Owner for Accommodation price (less the Commission of the owner and related taxes, such as VAT), in the modality described in these Terms. In case you do not Surfintrip verses such amounts as described in these Terms, the Owner may act only against Surfintrip.
The total price to be paid to the guest will be represented before that the guest forwards the booking request to an owner. As previously indicated, the owner is required to confirm or deny the request within the time of booking Acceptance of the booking; if not, the booking request will be automatically canceled. If the booking request is canceled (its means that its not confirmed by the Owner applicable), any amount charged by Surfintrip will be returned to the Guest according to the selection made by the guest through the Website and the Services, and any pre-authorization card Credit for this Guest will be released, if applicable.
Each Guest agrees to pay to Surfintrip the Total price of any booking request in relation to the Account Surfintrip, if such booking request is confirmed by the applicable owner. In order to secure a booking awaiting confirmation of the applicable owner, you understand and agree that Surfintrip, in the name and on behalf of the owner, reserves the right, in its sole discretion, to (a) obtain a pre-authorization by the his credit card for the total price, or (b) charge your credit card a nominal amount, not exceeding one euro (€ 1), or a similar amount in the currency in which the transaction is performed in order to verify the credit card. Once received from Surfintrip, the booking confirmation by Owner applicable, Surfintrip collect your total price in accordance with these terms and the terms of the applicable pricing shown in the ad. Please note that Surfintrip can not control any fees charged to a guest from your bank concerning the l collecting by Surfintrip the total price, and Surfintrip excludes any responsibility in this regard.
3. Service Fees and Parity Rate
For the “Surf Accommodations” service, as consideration for the use of the platform and its services, Surfintrip charge service fees exclusively to the Host. It is understood that Surfintrip charges the Service Fees to the Host only if there is a confirmed reservation.
Where applicable, it may also be charged taxes (such as VAT in Europe) in relation to the Host fees.
Surfintrip deduces the Host fees by accommodation price before paying the compensation to the Host as described in these Terms. The Host fees are, as previously indicated, included in the accommodation price.
No fees paid by the guest.
The Host, in order to provide a reasonable price, will have to take into account that the final price includes service fees of Surfintrip.
It is understood that the Host can offer their accommodations through websites or other, always and in every case, however, not below (the “Parity rate”) to those presented in Surfintrip. In case of default by the Host to the provisions contained in this clause, Surfintrip may withhold for each booking of accommodations sold through its portal, in addition to the percentage in consideration a further percentage of 5%, as a penalty.
It is understood that Surfintrip withhold the final sale price percentage (as specified below) as compensation for the use of the platform and related services, for the activities of promotion, positioning and user experience through the portal Surfintrip.com.
The fees charged by Surfintrip to the Host in case of sale through the portal surfintrip.com are as follows:
|1-10 days||11-25 days||26 days|
Service fees for all accommodation except boats
(excluding VAT where applicable)
|Service fees for boats
(excluding VAT where applicable
The balances, from Surifntrip to the Host, will be paid through PayPal or direct deposit or other payment method described on the Site, in the currency chosen by the Host (Euro or US dollars), depending on the mode selected by the Host through the Site and the Services. The amounts will be rounded down or upwards as described in these Terms.
Please note that Surfintrip will apply or deduct the cost of processing the foreign currency to or from any payment made or received by Surfintrip in currencies other than the Euro. Except as otherwise provided herein, the Service Fees are not refundable.
4. Foreign Currency Management
Users may want to pay and receive payments in two different currencies, Euro and US dollar, which could require conversion in foreign currency. The booking platform Surfintrip allows users to view the price of accommodations in Euro and US Dollars and can make and receive payments in these currencies.
Any foreign currency translation is performed with a certain conversion rate. This rate generally refers to the amount in a currency that must be paid to buy a certain amount of another currency at a given time. The conversion rates of the currency may change from time to time.
Surfintrip perform a conversion of foreign currency when currencies Owner Housing and dell’Ospite are different.
Surfintrip regularly updates the Exchange Rate Base, but not in real time. In particular, Surfintrip not always immediately change the Exchange Rate Base, to changes in the exchange rates of foreign currency. Accordingly, the Exchange Rate Base may not be identical to the market rate in effect at the specific time when the conversion of foreign currency is processed.
Please keep in mind that your company payment (for example, the issuer of the credit card) will use a conversion rate of currency, and may impose a charge for currency conversion on your payment outgoing or incoming if the card or bank account are denominated in a currency other than the currency of that payment outgoing or incoming. Similarly, the computers of the third-party payment may use a currency conversion rate or charge a fee for currency conversion respectively on payments incoming or outgoing. All these rates and conversion rates of the currencies are not controlled or known by Surfintrip.
5. Cancellation and Refunds
If a Guest cancels the reservation request before it is confirmed by an Host, Surfintrip cancel any previous authorizations on the credit card and/or reimburse all amounts nominally charged to the credit card of the same in relation to your booking request within a period of commercially reasonable time.
The policies of cancellation of the service “Surf Accommodations” applicable in the event of cancellation by the Guest are as follows:
- The cancellation made within 15 days before the local time of the day of check-in (12:00 if not specified), the Guest will receive full refund and Surfintrip does not charge any fees to the Host;
- The cancellation made between 14 and 7 days prior to the local time of the day of check-in (12:00 if not specified), the Host receives 50% of the total amount and Surfintrip charges Host Fees in proportionate share;
- The cancellation made between 6 and 1 day prior the local time of the day of check-in (12:00 if not specified), Surfintrip charges 100% of the total amount to the Guest and the Host Fees;
- The cancellation made within 60 days prior to the local time of the day of check-in (12:00 if not specified), the Guest will receive full refund and Surfintrip does not charge any Host Fees;
- The cancellation made between 60 days and 1 day before local time the day of check-in (12:00 if not specified), Surfintrip charges 100% of the total amount to the Guest and the Host Fees;
If a Host cancels a confirmed booking via the Website and Services, Surfintrip will refund the total price for such cancellation to the Guest applicable within a commercially reasonable period of time from cancellation, the Guest will receive an email or an other communication from Surfintrip containing alternative listings and other related informations. If the Guest requires a booking from one of the alternative listings and the Host associated confirms the Guest’s requested booking, then the Guest agrees to pay Surfintrip the total fees related to the confirmed booking for the alternative accommodation, in accordance with these Terms.
If a Host cancels a confirmed booking via the Site and Services, Surfintrip charges fees to the Host and may apply penalties or other sanctions at the same or at his listings, including (a) publish a review about your listings indicating that a reservation is deleted, (b) make the calendar of User listings unavailable or blocked for the dates affected by a cancellation, or (c) impose a penalty (to be withheld from your future payouts).
Surfintrip can communicate, before the Host decides to cancel a reservation, the circumstances in which it may be applied to the payment of a penalty.
In some circumstances (such as death of a family user, serious illness Host or family user, natural disaster, political unrest, serious problems of maintenance, convening as a juror or other civic duties), Surfintrip may decide, in its sole discretion, that it is necessary or desirable to cancel a reservation made through the Site and the Services or to take into account the repayment of a Guest who canceled a reservation made through the Site and Services. This may occur for the following circumstances, which must be documented, or for any other reasons:
Surfintrip may also decide, in its sole discretion, to repay Guests a part or all of the costs incurred upon the earlier of the following conditions:
- The Host cancels a reservation 24 hours or less before check-in, or does not give the guest the opportunity to access to housing;
- The description of the accommodation on the Site is substantially different from reality (in terms of size, location or services);
- Accommodation is not cleaned properly and is not as described.
To submit a valid claim for refund, the Host is required to notify within 36 hours after check-in (including photographs or other evidence) and respond to our requests for information or cooperation.
You agree that Surfintrip and the relevant Guest or Host will not have any liability for such cancellations or refunds.
Tax regulations may require us to collect appropriate tax information from our Hosts, or to withhold taxes from payouts to Hosts, or both.
You as a Host understand and agree that you are solely responsible for determining (a) your applicable Tax reporting requirements, and (b) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Surfintrip cannot and does not offer Tax-related advice to any Users.
Where applicable, or based upon request from a Host, Surfintrip may issue a valid VAT invoice to such Host.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) where your Accommodation is located may require Taxes to be collected by Hosts from Guests on the amount paid for the right to use and/or occupancy of accommodations, and to be remitted to the respective Tax Authority.
The laws in jurisdictions may vary, but these taxes are generally required to be collected and remitted as a percentage of the rent or Accommodation Fees set by Hosts, a set amount per day, or other variations, and are sometimes called “occupancy taxes,” “hotel taxes,” “lodging taxes,” “transient taxes,” “sales and use taxes,” “value added taxes,” “room taxes” or “tourist taxes” (hereafter, “Occupancy Taxes“).
Hosts and Guests acknowledge and agree that, regardless of the local jurisdictions, Surfintrip does not comncern about collection and remittance of Occupancy Taxes.
Hosts and Guests remain solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations.
7. Users Conduct
You understand and agree that you are solely responsible for compliance with any law, rule, regulation and tax liability that may be applicable to the use of the Websire, the Service and Content. In connection with your use of the Website, the Service and the Content by you, the user undertakes to use the Site, the Service or the Content only for purposes that are expressly permitted by these Terms.
Surfintrip have the right to investigate and take legal proceed in case of violation of any clause of this Terms to the maximum extent permitted by law.
Surfintrip may access, preserve and communicate your information if required to do so by law, or if we believe in good faith that it is reasonably necessary to respond to complaints brought against Surfintrip or fulfill orders of a procedural nature, implement and manage our agreements with users. You acknowledge that Surfintrip has no obligation to monitor your access to or use of the Website, the Service or Content by you, or to analyze or edit any User Content, but has the right to do so in order to manage and improve the Website and the Services (including, for example, the purposes of fraud prevention, risk assessments, customer support), to ensure compliance with these Terms by you, to comply with applicable law or with a resolution of a court, administrative agency or other governmental body, to respond to the content that it deems objectionable or otherwise as provided in these Terms. Surfintrip reserves the right, at any time and without notice, to remove or disable access to Content that Surfintrip, in its sole discretion, considers objectionable for any reason, in violation of these Terms or otherwise damaging to the Webste or services.
If you reside with someone who believes is acting or has acted inappropriately, or someone who believes home is acting or has acted inappropriately, including, but not limited to, someone who (i) implements offensive behavior, violent or sexually inappropriate, (ii) suspected to have stolen, or (iii) to execute any other harassing behavior, You shall immediately report such person to the competent authorities and then to Surfintrip, sending the number of the police station and your verbal to firstname.lastname@example.org; provided that the complaint does not force us to take action beyond what is required by law (if any), or can lead to the incurring any liability to you.
8. Management of the Accommodations Damages
As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation. In the event that a Host claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given seventy two (72) hours to respond, the payment will be charged to and taken from the credit card on file in your Surfintrip Account.
Surfintrip also reserves the right to charge the credit card on file in your Surfintrip Account, or otherwise collect payment from you and pursue any avenues available to Surfintrip in this regard.
If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation to the applicable Host or to Surfintrip.
Both Guests and Hosts agree to cooperate with and assist Surfintrip in good faith, and to provide Surfintrip with such information and take such actions as may be reasonably requested by Surfintrip, in connection with any complaints or claims made by Users relating to Accommodations or any personal or other property located at an Accommodation or with respect to any investigation undertaken by Surfintrip or a representative of Surfintrip regarding use or abuse of the Site or the Services.
If you are a Guest, you understand and agree that Surfintrip reserves the right, in its sole discretion, to make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for or to an Accommodation or any personal or other property located at an Accommodation.
9. Privacy and Cookies
The Website and the Services may contain links to Websites or third-party resources. You acknowledge and agree that Surfintrip not responsible for: (a) the availability or accuracy of such websites or resources; or (b) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any support from Surfintrip to such websites or resources or the content, products or services available from such websites or resources. You accept sole responsibility and you assume all risk arising from your use of such websites or resources or the content, products or services on or available from such websites or resources.
Any notice or other communication required or authorized under this document, including those regarding changes to these Terms, shall be in writing and will be carried out by Surfintrip (a) by e-mail (in each case to the address provided by you) or (b) by publication on the Website. As for notifications by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
11. Ownership and Copyright
All trademarks, service marks, logos, trade names and any other proprietary designation Surfintrip used here are trade names or registered trade names of Surfintrip. All other trademarks, service marks, logos, trade names and any other proprietary designation are trade names or registered trade names of their respective parties.
The Site, Services and Content are protected by copyright, trademark and other laws of Spain, the European and international community. You acknowledge and agree that the Website, Services and Content, including all asspciated intellectual property rights, are the exclusive property of Surfintrip and its licensors. You will not remove, alter or obscure any copyright, trademarks, service marks or other proprietary rights notices incorporated in or accompanying the Websiite, Services and Collective Content.
12. Suspension, Termination and Surfintrip Account Cancellation
We may, in our discretion, and without liability to you, with or without cause, with or without notice, at any time, decide to limit, suspend, deactivate or calcel your Surfintrip Account. If we decide in our discretion under these Terms to do so, any or all of the following can occur with or without notice or explanation to users: (a) the Surfintrip Account will be deactivated or suspended, the password will be disabled, and will not able to access the Website, Services, Surfintrip Account, the contents of the Users, or receive assistance from Surfintrip Constumer Service, (b) any pending or accepted future bookings as either Host or Guest will be immediately terminated, (c) we may communicate to the Guests or Hosts that a potential or confirmed booking has been canceled, (d) we may refund to the Guests in full for any and all confirmed booking, irrespective of preexisting cancellation policies, (e) we may contact the Guests to inform them about potential alternate Accommodations with other Hosts that may be available on the Website and the Services, and (f) You will not have the right to any compensation for bookings or reservation (even if confirmed) that were cancelled as a result of the suspension, deactivation or termination of your Surfintrip Account. You may cancel your Surfintrip Account at any time by using the “Cancel Account” feature of the Services or by sending an email to email@example.com. Please note that, if your Surfintrip Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted on the Website and Services, including, but not limited to, any review or feedback.
13. Disclaimers and Indemnification
If you choose to use the website, services or content, you do so at your own risk.
You acknowledge and agree that Surfintrip does no have an obligation to conduct background checks of any user, including, but not limited to, Hosts and Guests, but may conduct such background checks in its sole discretion. The Website and the Services and Contents are provided “as is” without warranty of any kind, either express or implied. Without limiting than previously indicated, Surfintrip explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade. Surfintrip makes no warranty that the Website,Services and Content, including, but not limited to, the Listings or any Accommodations, or the referral program will meet your requirements or be available on an uniinterrupted, secure ,or error-free basis. Surfintrip makes no warranty regarding the quality of any Listings, Accommodations, Services or Content or Accuracy, timeliness, trustfulness, completeness or reliability of any collective content obtained through the Website and Services.
No advice or information, whether oral or written, obtained from Surfintrip or through the Website, Services or Content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the Website, Services and with other persons with whom you communicate or interact as a result of your use of the Website or Services, including, but not limited to, any Hosts or Guests . You understand that Surfintrip does no make any attempt to verify the statements of users of the Website or Services, or to review or visit any Accommodations. Surfintrip makes no representations or warranties as to the conduct of users of the Website or Services or their compatibility with any current or future user of the Website or Service. You agreee to take reasonable precautions in all interactions and communications with other users of the Websire or Services and with other persons with whom you communicate or interact as a result of your use of the Website or Services, including, but not limited to, Hosts and Guests, particularly if you decide to meet offline or in person, regardless of whether such meetings are organized by Surfintrip. Notwithstanding Surfintrip’s appointment, as the limited payment collection agent of the Hosts for the purpose of accepting payment from the Guests on behalf of the Hosts, Surfintrip explicitly disclaims all liability for acts or omissions of any Guests or third parties.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access and use of the Website, Services and content collective, of your Listing or booking of any Accommodations through the Website, Services and any contact you have with other users of Surfintrip, whether in person or online remains with you. Neither Surfintrip nor any other party involved in creating, producing or delivering the Website, Services, Content will be liable for any incidental, special, exemplary or consequential damages, including lost of profits, loss of data or loss of goodwill, interruption of service, computer or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the Website, Services or Content, from any communications, interactions or meetings with other users of the Website or Services, or other persons with whom you communicate or interact as a result of your use of the Website, Services, or from your Listing or booking of any accommodation through the Website and Services, whether based on a warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Surfintrip has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of essential purpose.
Except for our obligations to pay the amounts to applicable Hosts pursuant to these terms, in no event will Surfintrip’s aggregate liability arising out of or in connectionwith these terms and your use of the Website and Services, including, but not limited to, from your Listing or booking of any Accommodations through the Website and Services or from the use of or inability to use the Website, Services or Content and in connection with any Accommodations or interactions with any other Users, exceed the amounts you have paid or owe for bookings through the Website and Services as a Guest in the twelve (12) months preceding the event giving rise to the liability, that is one hundred euro (€ 100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and Surfintrip.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
You agree to release, defend, indemnify and hold Surfintrip and its affiliates and subsidiaries, and their officers, directors, employees and agents harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable fees legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Website, Services or Content by you or your violation of these Terms by you; (b) your User Content; (C) your (i) interaction with any Member, (ii) booking of an Accommodation, or (iii) creation of a Listing; (d) the use, condition or rental of an Accommodation by you, including, but not limited to any injury, losses or damage (for damages, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of Accommodation.
14. Restricted Countries
By using the Website and the Service, you represent and warrant that neither you nor your property is located in a country that is subject to a Spain Government embargo, or that has been designated by the Spain Government as ” terrorism supporting ” conutry and you are not listed on ant Spain Government list of prohibited or restricted parties. Also, you will not use the Website and Services for any purpose prohibited by Spain law, including the development, design or production of missiles or nuclear, chemical or biological weapons. Surfintrip does not permit the Listing associated with certain countries due to Spain embargo restriictions.
15. Agreements and Assignment
These Terms constitute the entire and exclusive understanding and agreement between Surfintrip and you regarding the Website, Services and the Content and any booking or Listing of Accommodations made through the Website and the Services, and these Terms supersede and replace any and all prior oral or written agreements or understandings between you and Surfintrip regarding booking or listings of Accommodations, the Website, Services and the Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Surfintrip’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent, will be null and of no effect. Surfintrip may assign or transfer these Terms, at its sole discretion, without restrictions. Subject to the foregoing, these Terms will be bind and inure to the benefit of the parties, their successors and permitted assigns.
16. Controlling Law, Jurisdiction and Dispute Resolution
These Terms will be interpreted in accordance with the laws of the State of Spain, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Spain for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction.
You and Surfintrip agree that for any dispute, claim or controversy arising out of or relating to these Terms or to the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Website the competent court is Las Palmas de Gran Canaria.