PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION CONCERNING YOUR RIGHTS AND OBLIGATIONS. THESE TERMS INCLUDE SEVERAL LIMITATIONS AND EXCLUSIONS THAT LIMIT INNFAMILY’S LIABILITY IN CERTAIN CIRCUMSTANCES, REGULATE JURISDICTION AND COMPETENCE IN THE RESOLUTION OF CONFLICTS, AS WELL AS THE REGULATIONS APPLICABLE TO OUR SERVICES.
THE TERMS AND CONDITIONS APPLICABLE TO THE USER CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN THE USER AND INNFAMILY. BY ACCESSING, VIEWING OR USING THE MATERIALS OR SERVICES ACCESSIBLE ON OR THROUGH THE “WEB SITE” OR OTHER WEB PAGES OR APPLICATIONS, THE USER EVIDENCES THAT HE/SHE UNDERSTANDS AND ACCEPTS THESE “TERMS AND CONDITIONS” AS THE LEGAL EQUIVALENT OF A WRITTEN AND BINDING SIGNED DOCUMENT.
The use of any website owned by INNFAMILY, of the Contents, of the Application and/or of the Services attributes the condition of User and implies the full and unreserved acceptance by the User of the Terms and Conditions in force at each moment in which the User accesses them.
INNFAMILY is a registered trademark of QUANTUM FIELD, S.L. and any reference to INNFAMILY in this document must necessarily refer to QUANTUM FIELD, S.L.
INNFAMILY reserves the right to modify these Terms and Conditions at any time. Any changes to these Terms and Conditions that may affect the User’s rights will be communicated on the Website or by e-mail. We suggest that you review these Terms and Conditions frequently to be aware of their scope and any modifications that have been made, as you are legally bound by them. By accessing the Websites owned by INNFAMILY after the publication of such modifications or updates, you agree to comply with the new terms. The User is aware that the access and use of the Website and/or the Contents is done under his/her sole and exclusive responsibility. Some services of the Website may be expressly subject to special conditions that, where appropriate, replace, complete and/or modify these Terms and Conditions. The provision of the service at the request of the User implies the express acceptance of the particular terms and conditions that may be applicable.
Access, registration, browsing, use, hosting and/or downloading of materials and/or use of the services of any Website and/or INNFAMILY
Contents by minors (under 18 years of age)
is prohibited. By accessing or using any INNFAMILY Web Site and/or Content, the user guarantees that he/she is of legal age (18 years old) and has sufficient capacity to formalize a legally binding contract, recognizing INNFAMILY’s right to withhold any payment made for the provision of services, as a consequence of non-compliance with these Terms and Conditions. It will be in any case the responsibility of the users to verify that they are able to legally formalize a contract at the address where the Accommodation is located.
INNFAMILY offers an online Platform that puts in contact Hosts or managers of Accommodations (hereinafter “Host/s”) with Guest/s (hereinafter defined below), who wish to book such Accommodations for short or medium term rentals (hereinafter collectively, the “Services”). Such Services are available on www.innfamily.com and other websites, cell phone applications and other devices through which INNFAMILY offers its Services. INNFAMILY does not offer Tourist Accommodations.
INNFAMILY is not a tour operator or a platform whose main purpose is to offer tourist accommodations as an intermediary. The Platform does not constitute to any effect a tourism promotion channel.
2. KEY TERMS
“QUANTUM FIELD S.L.”, a company incorporated under the laws of Spain, with registered office at Calle Arturo Soria 328, 14D, 28033 Madrid (Spain) and CIF B-88443445 and which, for commercial purposes, uses the name and brand “INNFAMILY“.
“INNFAMILY Content” all that is enabled through its Platform, and services, including here any content authorized by a third party. “Content” the text, graphics, images, music, software, audio, video, information or other materials included on the Platform.
“Platform / Website” any of the domains owned by INNFAMILY, under which it allows Users to use or browse the Platform online.
“Application” any Application owned by INNFAMILY, if any, available for mobile devices that allows Users to enjoy the same services provided by the Website.
“User” any person who uses the Website owned by INNFAMILY.
“Guest” a person who requests an Accommodation reservation through the Platform or the services and/or who stays in an Accommodation and is not the Host of such Accommodation.
“Host” a person who has agreed to publish an Accommodation Advertisement on the Platform with the INNFAMILY team so that the Guest can book it through the Platform. The Hosts can be natural or legal persons, as well as, any other entity that is owner or has sufficient title to rent in its name or in the name of third parties Accommodations destined to the rent for periods of short or medium duration. In the event that the Host is a legal entity, the natural person who makes use of the services of INNFAMILY, accepts these Terms and Conditions on behalf of the Host and declares to have sufficient capacity to be bound to the fulfillment of its obligations on its behalf.
“You” the User, Guest or Host (as applicable).
“Advertisement” Accommodation published by the INNFAMILY team by agreement between the latter and the Host for the purpose of making it available for booking through the Platform.
“Accommodation” that dwelling, apartment, house, stay or room that the Host announces through the INNFAMILY Website so that the Guest can book it online.
“Rental Agreement” the private lease agreement signed by the Host (as lessor) and by the Guest (as lessee), to which INNFAMILY is not a party.
“Entry Date” the date on which the Guest indicates when confirming the booking, that he/she will be moving into the Accommodation.
“Departure Date” the date on which the Guest indicates when confirming the reservation, that he/she will be leaving the Accommodation.
“Booking Fee” the fee paid by the Guest to INNFAMILY when booking Accommodation through the Platform, once the booking has been confirmed by the Host (See Rates section; check the specific regulation applicable in your territory).
“Initial Payment” that transferred by the Guest when booking Accommodation through the Platform or the Application, once the booking has been confirmed by the Host (See Rates section; check the specific regulation applicable in your territory).
Note: The “Down Payment” corresponds to one (1) month’s rent for stays longer than one month or the total amount of the stay for stays of less than one month’s duration.
“Service Fee” is a percentage of the Total Contract Value that INNFAMILY will charge the Host for the services rendered (See Rates section).
“Reservation Request” the one made by the Guest to reserve the Accommodation. It is made by “clicking” on the “Book Now” button and completing the booking form. This Reservation Request and the form are processed in the form of an e-mail including all the information requested by the Host that will receive it. Likewise, the Reservation Request contains the Arrival Date, Departure Date and the amount of the Down Payment.
“Tax or Taxes” the Value Added Tax (VAT), and any other applicable municipal, autonomic or state tax.
3. OPERATION OF THE PLATFORM AND SERVICES
The Platform is used to facilitate the booking of Accommodations by Guests for short or medium term stays. These Accommodations are advertised on the Platform or Application by the INNFAMILY team at the request and with the approval of the Hosts by making the necessary technology available to them for this purpose. INNFAMILY IS NOT A HOST, MANAGER OR REAL ESTATE AGENT, DOES NOT OWN, SELL, RESELL, FURNISH, RENT, SUBLET, MANAGE, OR CONTROL THE PROPERTIES IN ANY WAY.
INNFAMILY’s responsibilities are limited to:
– (a) Providing the Platform and services, in accordance with these Terms and Conditions. –
b) Once the reservation has been accepted by the Host, to accept on behalf of the Host the Initial Payment charged by INNFAMILY to the Guest. This payment will be transferred to the Host 48 hours after the Date of Entry and the Service Fee with the corresponding Value Added Tax (VAT) will be deducted from it. INNFAMILY will not receive additional payments after confirmation of the reservation by the Host. The Host is the only responsible for the collection of the rents of the Lodging from the moment in which he accepts the reservation of this one.
4. CATALOGUE OF ACCOMMODATIONS
All the Advertisements of the Platform and the services are created and verified by INNFAMILY.
The Hosts will be able to schedule a photo session with the INNFAMILY
team that will verify the basic characteristics of the Accommodation. The Host accepts that the INNFAMILY team enters the Lodging for the purpose of taking photographs, making plans, videos or any other advertising material that INNFAMILY requests.
The plans published in the Advertisements are indicative and serve an explanatory purpose. It is not guaranteed that the dimensions reflected in them are exact. INNFAMILY shall not be liable in any way for their inaccuracy.
The Host undertakes to provide all the necessary information requested by INNFAMILY, which includes, but is not limited to: the location, capacity, size, characteristics and availability of the Accommodation, as well as the price, and everything concerning the terms of payment.
Any modification in the price of the rental of the Lodging, as well as the information relative to terms of payment that is published in the Advertisement, will always be determined at the discretion of the Host.
Likewise, the Host declares and accepts that all the information introduced in the INNFAMILY
platform is truthful, correct and updated, undertaking to inform INNFAMILY of any change or modification immediately. In relation to the above, the Host undertakes to provide as soon as possible any type of documentation requested by INNFAMILY for the purposes of verifying the ownership of the Accommodation, the possibility of making it available in favor of possible Guests without legal or statutory restriction or compliance with any other legal or contractual requirement.
The creation of Advertisements and the audiovisual material are free of charge for the Host. Once the
Advertisement of the Accommodation has been created, it is understood that the Host agrees to the Advertisement and accepts the Terms and Conditions of INNFAMILY. The Host understands and accepts that once the Guest reserves the Lodging, the price of this reservation cannot be altered.
INNFAMILY guarantees the characteristics of the Accommodations as of the date INNFAMILY verified them. The Guests acknowledge and accept that the Lodging they book was verified on a different date and prior to the date of reservation and that the characteristics of these may differ from the conditions at the time INNFAMILY verified them. However, the Host is obliged to maintain the Lodging in conditions similar to those shown in the advertisement. If the conditions of the Accommodation differ significantly from those in the Advertisement, INNFAMILY reserves the right to withdraw the Advertisement of that Accommodation from the Platform or the services, without prejudice to withhold or reclaim from it any charges made for the provision of the services as compensation for non-compliance with these Terms and Conditions.
In the event that there are discrepancies between the content of the Advertisement and what is contained in the Terms and Conditions of INNFAMILY, the provisions of the latter shall prevail. INNFAMILY reserves the right to refuse to publish the Advertisement of an Accommodation that, at its sole discretion, violates or may violate these Terms and Conditions, as well as the applicable legal regulations.
INNFAMILY may refuse to accept the registration on the Platform of any user, whether Guest or Host, at its sole discretion and without prior notice.
INNFAMILY IS THE OWNER OF ALL COPYRIGHTS OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS ON THE AUDIOVISUAL AND ADVERTISING MATERIAL AND INNFAMILY ALONE HAS THE RIGHT TO USE IT. IF THE HOST OR A THIRD PARTY USES SUCH INNFAMILY MATERIAL WITHOUT WRITTEN PERMISSION, INNFAMILY RESERVES THE RIGHT TO CLAIM THE CESSATION OF THE USE OF SUCH MATERIAL, TOGETHER WITH ANY COSTS OR DAMAGES ARISING AS A RESULT OF THE INFRINGEMENT OF THIS CLAUSE.
In the cases in which the Host provides any photograph of the Accommodation, he/she authorizes INNFAMILY to proceed with its publication in the Advertisement and declares his/her conformity with the temporary assignment of his/her copyrights or any other intellectual property right existing on the audiovisual and advertising material generated for the publication of the Advertisement and guarantees that the same do not contravene the intellectual property rights of third parties, in accordance with what is established in the present clause.
The photographs provided shall be exclusively of the Accommodation and shall not contain references to personal data. INNFAMILY reserves the right to remove them at any time from the Advertisement without prior notice to the Host. The Host may request at any time the elimination of the photographs provided by means of written communication to INNFAMILY, who will proceed to remove them from the Web Site of its ownership. INNFAMILY will not be responsible for the removal of these on any other website or third party platform.
In any case, the Host accepts and authorizes INNFAMILY to publish the Advertisement of his/her Accommodation in all the websites of the INNFAMILY group. Likewise, the Host authorizes INNFAMILY, with the aim of obtaining the widest possible dissemination of the Advertisement of his/her Accommodation, to publish it on classified advertising websites belonging to third parties external to the INNFAMILY group.
The Host is responsible for maintaining the necessary conditions required by the applicable regulations to be able to cede the temporary use of the Accommodation, as well as any permit, authorization or regulatory requirement, exempting INNFAMILY
from any type of responsibility derived from the non-fulfillment of the above and INNFAMILY reserves the right to claim against the Host for any damage that has its origin, directly or indirectly, in the inaccuracy or incorrectness of the registration number of the Accommodation or the lack of any regulatory requirement. The Host is obliged to inform INNFAMILY immediately of any change that affects its ability to offer the Accommodation to potential Guests.
In the event of subletting of the Accommodation offered in INNFAMILY, the Host or sub-host, as defined in these Terms and Conditions, guarantees that he/she has the necessary permits and authorizations to sublet the Accommodation in application of the regulations of the place where the same is located, exonerating INNFAMILY of all responsibility for the non-compliance of the legal precepts that may be applicable.
5. RESERVATION PROCEDURE
The Guest, when selecting the Lodging he/she wishes to reserve, must register and complete the information requested by INNFAMILY through the Platform. In the event that the reservation is accepted by the Host, INNFAMILY will provide detailed information about the amount of the Rates (see Rates section) that the Guest authorizes to be charged by INNFAMILY, through the payment methods available on the Platform. Once this information is completed, the Guest will automatically receive an email with the summary of his/her reservation, which will be given a reference number. INNFAMILY will then send a reservation request to the Host, who will have 24 hours to accept or reject the reservation. If after 24 hours, INNFAMILY has not received a response from the Host, INNFAMILY will consider the reservation request rejected.
When a Booking Request is made through the Platform or the Services, we will share with the Host:
– a) Data concerning the Guest: age, nationality, company, university, profession, studies and other data that the Host specifically requires. –
b) A link to the INNFAMILY
page where the Accommodation is published.
If the Host accepts the reservation requested by the Guest, INNFAMILY will capture the Initial Payment and the Reservation Fee plus the corresponding Value Added Tax (VAT) and will send an email to both the Host and the Guest confirming the reservation and putting the parties in contact. From this moment on, it is the Host’s responsibility to provide all the necessary information to the Guest for his/her entry into the Accommodation (See Entry Policies).
The Host acknowledges that it is solely responsible for any Advertisement it approves for publication and that it has the full right to arrange and authorize the booking of the advertised property.
Likewise, the Host confirms that in accepting a booking: –
(a) will not infringe any agreement it has entered into with third parties and
– (b) will be executed (i) in compliance with all laws, tax requirements, and any other rules or regulations applicable to any Accommodation included in an Advertisement (ii) without incurring any conflict as to the rights of third parties.
INNFAMILY assumes no liability for Host’s failure to comply with applicable laws, rules and regulations. INNFAMILY reserves the right, at any time and without prior notice, to withdraw publication of or disable access to any Advertisement for any reason, including those Advertisements that INNFAMILY, in its sole discretion, deems objectionable for any reason.
Both Host and Guest understand and agree that INNFAMILY in no way acts as an insurance agent or agent of any kind for Host. Notwithstanding the foregoing, INNFAMILY acts as an authorized intermediary for the Host to exclusively accept and receive from the Guest the Down Payment for the booked Accommodation and, after deducting the Service Fee and its corresponding Value Added Tax (VAT), to transfer such payment to the Host 48 hours after the Check-In Date.
INNFAMILY provides the Host with certain information about the Guest who wishes to make the reservation that the Guest has provided and authorized for such purpose. Both the Host and the Guest understand and agree that they are responsible for their own actions and omissions in this regard.
By using the Platform or the services, you agree that any legal action or claim that is sought as a result of the actions or omissions on the part of Hosts, Guests or third parties causing the damage will be directed exclusively against them, renouncing to bring any legal action or claim against INNFAMILY with respect to such actions or omissions.
INNFAMILY recommends that Hosts obtain appropriate insurance for their Accommodations.
INNFAMILY shall not be responsible for the disappearance or theft of any items located inside or outside the rented Accommodation.
INNFAMILY is a Platform that allows to make reservations of Accommodations online and, as such, does not provide any control service over the Accommodations nor does it have keys of these.
The minimum booking period through the Platform is one day, the Host may establish a higher minimum period.
The Host will decide the type of contract that will apply to its Accommodation, being able to choose between the following models provided by INNFAMILY: daily or monthly. Alternatively, the Host may use his/her own accommodation contract.
When the Guest makes a reservation and it is confirmed by the Host, he/she will transfer to INNFAMILY the Initial Payment plus the Booking Fee, the latter with its corresponding Value Added Tax (VAT), through the payment methods available on the Platform.
“Booking Fee” is a percentage of the Total Contract Value, with a minimum of €250, all increased by the Value Added Tax (VAT) to be charged by INNFAMILY to the Guest for the services rendered. The detail of the applicable percentages and, if applicable, maximums in force will appear under the heading “Contract Conditions” accessible from the control panel of each registered Guest User.
“Total Contract Value” is the total price for the reserved rental which will vary according to its total duration and the price assigned to each of the days of its duration.
“Service Fee” is a percentage of a monthly rental that INNFAMILY will charge the Host for services rendered, with a minimum of €200. The Service Fee and its corresponding Value Added Tax (VAT) will be deducted from the Initial Payment. The detail of the applicable percentages in force will appear in the heading “Contracting Conditions” accessible from the control panel of each registered host user.
INNFAMILY will only transfer the Down Payment less the Service Fee and its corresponding Value Added Tax (VAT) to the Host after 48 hours from the Check-In Date (the one indicated in the reservation) provided that the Guest has not informed INNFAMILY of any Essential Deficiency.
In any case, the Host is the one who determines, at its sole discretion, the price of the Accommodation.
7. ENTRY POLICY
After the Host accepts the reservation and INNFAMILY has sent confirmation of the reservation to both the Guest and the Host, including contact information for both parties, it is the Host’s responsibility to provide any additional instructions to the Guest regarding entry into the Accommodation.
The Host shall ensure that the Accommodation booked by the Guest is in the expected and reasonable condition in terms of habitability and that the features published in the Advertisement of the Accommodation, as well as the terms relating to the price, have been maintained.
Policy applicable when the Guest moves into the Accommodation.
The Guest, within 48 hours from the Date of Entry into the Accommodation, can inform INNFAMILY of all the Essential Deficiencies of the Accommodation, as well as warn of the inaccuracy of the Accommodation in relation to the characteristics indicated in the Advertisement by sending an email to firstname.lastname@example.org, indicating the ID of the reservation, adding the Host in copy in the email and obligatorily attaching visual evidence (photos and/or videos) of the Essential Deficiencies. Once the INNFAMILY team receives the email, at its own discretion, it will verify and assess the circumstances within a maximum of three (3) business days from the receipt of the Guest’s communication by INNFAMILY.
will be considered those that involve uninhabitable conditions, a health risk and/or those substantial modifications that differ from the description in the Advertisement.
In the event that the INNFAMILY team considers that an Essential Deficiency
does exist, the Host will be deemed to be in breach of these Terms and Conditions, which will entitle the Guest to cancel their reservation, whereby the Host’s Host Cancellation Policy (See Host Cancellation Policy) will apply and INNFAMILY will provide the Guest with one of the following remedies at their option:
s team will be in charge of looking for an Accommodation with similar characteristics, and the Guest may accept or reject it. This possibility will be conditioned to INNFAMILY having available Accommodations of similar characteristics. In the event that the new Accommodation offered by INNFAMILY is at a lower price than the one previously booked, INNFAMILY will pay the Guest the proportional difference paid in the reservation.
– The INNFAMILY
team will refund to the Guest the Booking Fee and its corresponding Value Added Tax (VAT) plus the amount of the Initial Payment.
In the event that the INNFAMILY team deems that an Essential Deficiency does not exist and the Guest cancels for unfounded reasons (at INNFAMILY
‘s discretion), the Guest will forfeit the Booking Fee and its corresponding Value Added Tax (VAT) and the Down Payment which will be transferred in full to the Host.
INNFAMILY will only transfer the Down Payment (after deduction of the Service Fee and its corresponding Value Added Tax (VAT) to the Host after 48 hours from the Check-In Date (the one indicated in the reservation) provided that the Guest has not informed INNFAMILY of any Essential Deficiency.
Lease Agreement signed between the Guest and the Host.
INNFAMILY is not a party to the Lease Agreement. This agreement shall be signed solely by the Guest and the Host, therefore, INNFAMILY has no legal liability or responsibility of any kind in the event of any dispute, disagreement or claim. Any circumstance derived from the aforementioned Rental Agreement shall be settled between the Guest and the Host. Likewise, INNFAMILY shall not be a party to any negotiation with respect to any bond or guarantee required by the Host from the Guest reflected in the Lease Agreement or any other type of agreement, nor shall it mediate in any way in any dispute arising as a consequence thereof. Notwithstanding the foregoing, INNFAMILY may mediate between Guest and Host in certain cases, and at its sole discretion, in order to facilitate the resolution of any potential dispute.
INNFAMILY advises both the Guest and the Host to carefully read the Rental Agreement, or any other agreement they reach, as it will be the document that will govern the relationship between them.
8. LEGAL NOTICE ON CANCELLATION POLICY
Article 16 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 establishes the Exceptions to the Right of Withdrawal “Member States shall not include the right of withdrawal referred to in Articles 9 to 15 in distance contracts and off-premises contracts relating to service contracts once the service has been fully performed when performance has begun, with the consumer’s prior express consent and with his acknowledgment that he is aware that, once the contract has been fully performed by the trader, he will have lost his right of withdrawal.”
INNFAMILY’s services remain fully executed:
– (a) In the case of being a Guest by making the Booking Request and having it confirmed by the Host.
– b) In the case of being a Host upon confirmation of the Guest’s Reservation Request.
THEREFORE, THE USER UNDERSTANDS, ACCEPTS AND AGREES THAT ONCE THE SERVICES HAVE BEEN FULLY PERFORMED (AS SET FORTH ABOVE) BY INNFAMILY, HE/SHE WILL HAVE FORFEITED HIS/HER RIGHT OF WITHDRAWAL.
9. CANCELLATION POLICY FOR HOSTS
a) In case the Host cancels the reservation after accepting the reservation request and before the check-in date:
INNFAMILY will charge the service fee to the Host as detailed below.
As for the Guest, INNFAMILY will return the Down Payment to the Guest in full and in no case will it be transferred to the Host. Likewise, INNFAMILY will return the Booking Fee to the Guest in full.
b) In case the Host cancels the reservation within the first 48 hours after the check-in date:
INNFAMILY will charge the corresponding Service Fee to the Host. In addition, the Host will pay a penalty of 300 euros to cover the emergency accommodation of the displaced Guest.
As for the Guest, INNFAMILY will return the Initial Payment to the Guest in full and in no case will it be transferred to the Host. Likewise, INNFAMILY will refund the Reservation Fee to the Guest in full.
With respect to the present cancellation policies, the only exceptions applicable will be those based on Force Majeure.
INNFAMILY reserves the right to reclaim any of the above amounts in the event that it is necessary to apply any of the above penalties, where the Host acknowledges and agrees that INNFAMILY will send a request for payment and will be obligated to pay such amounts to INNFAMILY.
Also, for the avoidance of doubt, the Service Fee will not be refunded, in whole or in part, in the event that the Guest moves out of the Accommodation before the end of the agreed rental period.
If the Host cancels the reservation before the Check-In Date or before the Host and the Guest sign a Lease Agreement, the Guest will be refunded its Reservation Fee with its corresponding Value Added Tax (VAT) and the amount of the Down Payment.
Regarding the Service Fee:
– a) If the Host cancels the reservation 61 or more days prior to the Entry Date, INNFAMILY will not charge the Host any Fee.
– b) If the Host cancels the reservation between 31 days and 60 days prior to the Entry Date, the Host shall pay INNFAMILY the amount equivalent to 15% of the Service Fee.
– c) If the Host cancels the reservation between 16 days and 30 days prior to the Entry Date, the Host shall pay INNFAMILY the amount equivalent to 30% of the Service Fee.
– d) If the Host cancels the reservation between 6 days and 15 days prior to the Entry Date, the Host shall pay INNFAMILY the amount equivalent to 50% of the Service Fee.
– e) If the Host cancels the reservation less than 6 days prior to the Entry Date, INNFAMILY will charge the amount equivalent to 100% of the Service Fee.
INNFAMILY reserves the right to reclaim any of the above amounts should it be necessary to apply any of the above penalties, the Host understands and accepts that INNFAMILY will send a demand for payment and will be obliged to pay such amounts to INNFAMILY.
*Note: In case the reservation has been accepted by the Host, and the Guest and the Host have signed a Rental Agreement, in any of its forms, the cancellation policies between them will be those included in the mentioned agreement to which INNFAMILY is not a party.
10. CANCELLATION POLICY FOR GUESTS
As a general rule applicable to all reservations made through the Platform, if the Guest cancels the requested reservation before it is accepted by the Host, the Guest will not be charged any amount as a penalty.
Reservation Procedure, when the Guest has made an Accommodation Reservation and it has been accepted by the Host, INNFAMILY will charge the Guest the Reservation Fee and its corresponding Value Added Tax (VAT) plus the Initial Payment.
Once the booking has been confirmed by the Host, any request for cancellation of the booking by the Guest will trigger the INNFAMILY
Cancellation Policies for Guests and INNFAMILY will charge the Guest, as a penalty for non-compliance with these Terms and Conditions, as detailed below.
The general policy shall be: If the Guest cancels the reservation:
a) 61 days or more prior to the arrival date:
– the Guest will not be entitled to a refund of the amount of the Reservation Fee; – 100% of the amount of the First Payment will be refunded by INNFAMILY to the Guest;
b) 31 to 60 days prior to the arrival date:
– the Guest shall not be entitled to a refund of the Reservation Fee; – 50% of the amount of the First Payment shall be refunded by INNFAMILY to the Guest;
– The remaining 50% of the First Payment shall be transferred to the Host.
c) 30 days or less before the date of the check-in date:
– the Guest will not be entitled to a refund of the Reservation Fee; – 100% of the amount of the First Payment will be transferred in full to the Host.
d) Within the first 48 hours after the date of the check-in date:
– the Guest shall not be entitled to a refund of the Reservation Fee; – 100% of the First Payment amount shall be transferred in full to the Host. – Any refund of the first month’s rent is at the discretion of the Host.
Also, for the avoidance of doubt, the amount of the Booking Fee will not be refunded, either in full or in part, in the event that the Guest moves out of the Accommodation before the end of the agreed rental. In this case, the refund of the first month’s rent or any other rental amount will be at the discretion of the Host.
The above cancellation policies are not based on the existence of Essential Deficiencies, in which case Clause 7 above shall apply.
The Host may choose at its discretion one of the three (3) types of cancellation policies applicable to Guests, Strict, Standard or Flexible, which will be displayed in the Advertisement of your Accommodation. In the event that you do not expressly choose any of them, the Standard mode will be applied by default.
For any consultation of these Policies, check the date on which you made your Reservation Request and the Cancellation Policy chosen by the Host for the Accommodation, since the application of the corresponding Cancellation Policy depends on it, as indicated below:
Standard Cancellation Policy: If the Guest cancels the reservation:
(a) Sixty-one (61) days or more short of the Check-In Date, INNFAMILY will refund the Guest one hundred percent (100%) of the Down Payment.
b) Thirty-one (31) to sixty (60) days prior to the Entry Date, INNFAMILY will reimburse the Guest fifty percent (50%) of the Down Payment and the remaining fifty percent (50%) of the Down Payment will be transferred to the Host.
c) Thirty (30) days or less before the Check-In Date, INNFAMILY will not refund the Guest any amount after confirmation of the reservation, and the entire Down Payment will be transferred to the Host.
Flexible Cancellation Policy: If the Guest cancels the reservation:
(a) Thirty-one (31) days or more before the Check-In Date, INNFAMILY will refund the Guest 100% of the Down Payment.
b) Between six (6) and thirty (30) days prior to the Entry Date, INNFAMILY will refund fifty percent (50%) of the Down Payment to the Guest and the remaining fifty percent (50%) will be transferred to the Host.
c) With five (5) days or less until the Check-In Date, INNFAMILY will not refund the Guest any amount after confirmation of the reservation, and the Down Payment will be transferred to the Host.
Strict Cancellation Policy: If the Guest cancels the reservation:
In any case, whenever the Guest cancels a reservation confirmed by the Host, INNFAMILY will not refund the Guest any amount after the confirmation of the reservation, being the Down Payment transferred in full to the Host.
Intention to cancel or modify a reservation by the Guest.
If a Guest contacts INNFAMILY
by any means to communicate his/her intention to cancel or modify a reservation, the INNFAMILY team will send him/her an email granting him/her a period of 24 hours to confirm his/her intention to cancel or modify the reservation. In the event that the Guest does not respond to the email within the aforementioned period, the Guest will be deemed to have cancelled the reservation and the Cancellation Policies set forth above will apply.
Policy applicable to the Guest who has requested a reservation and has not been able to proceed to the payment of the totality of this one.
In the event that once the reservation has been charged to the Guest by INNFAMILY and that, for any reason, it is not possible to capture the total amount to make the reservation of an Accommodation, for reasons not attributable to INNFAMILY; a payment request will be sent to the Guest to pay the remaining amount in the following 24 hours, if this payment is not completed by the Guest, INNFAMILY will charge the amount equivalent to the Reservation Fee and its corresponding Value Added Tax (VAT) and will proceed to cancel the Lodging reservation, not being in any case this amount refundable to the Guest, nor will any amount be transferred to the Host.
In addition to the aforementioned charge, the following charges shall also apply to the Guest:
– (a) If payment could not be completed within 31 days prior to the Date of Entry into the Accommodation only an amount equivalent to the Booking Fee and its corresponding Value Added Tax will be charged.
– b) If the payment could not be completed between 6 and 30 days prior to the Date of Entry into the Accommodation, an amount equivalent to 50% of the Initial Payment will be charged.
– c) If the payment could not be completed within 5 days prior to the Check-In Date, an amount equivalent to the Down Payment will be charged.
INNFAMILY reserves the right to reclaim any of the above amounts in the event that they have not been captured, the Guest understands and accepts that INNFAMILY will send a demand for payment and will be obliged to pay such amounts to INNFAMILY.
11. APPLICABLE LOCAL REGULATIONS
INNFAMILY recommends its users to take prior advice of their rights and obligations with respect to any leasing relationship or lease, sublease or assignment of use contract they intend to enter into.
INNFAMILY shall not be liable in the event of any legislative modification that may affect the Rental, sublease or assignment of use Contract that is signed between Host and Guest.
12. PAYMENT OF RENT Once the
Rental Agreement or any other agreement between the Guest and the Host has been signed, it shall be the sole responsibility of the Host to collect the rent from the Guest. INNFAMILY shall not be responsible in any way for the collection of rent or for any non-payment that may occur.
13. DISCLAIMER After
48 hours from the Guest’s Check-In Date and after INNFAMILY has transferred the Down Payment to the Host, all legal and other relationships between INNFAMILY and the Guest, as well as between INNFAMILY and the Host, with respect to that reservation shall cease. INNFAMILY shall have no liability whatsoever in respect of any event arising out of the subsequent relationship between the Host and the Guest.
Upon completion of the booking a simplified invoice will be sent to both the Host and the Guest and if required by the Host and the Guest, a detailed invoice will be
sent with a breakdown of the corresponding Value Added Tax (VAT) or any other applicable tax depending on the country or region of the transaction.
15. DAMAGE TO THE ACCOMMODATION
The Guest is responsible for maintaining the Accommodation in the condition it was in when he/she moved into the Accommodation.
The Guest and the Host acknowledge and agree that they are responsible for their own actions and omissions, as well as those of any person they invite or allow access to the Accommodation. INNFAMILY will not be responsible in any case for the damages produced in the Lodging, being such responsibility settled between the Host and the Guest.
16. TERMINATION AND CANCELLATION OF INNFAMILY ACCOUNTS
INNFAMILY, at its own discretion and without obligation to justify any cause whatsoever, may restrict access to the Website, deactivate or cancel the Ads; all this without incurring any liability whatsoever and without obligation to give prior notice.
Hosts may request INNFAMILY to remove the Ads of their Accommodations from the Platform by writing to: email@example.com. Please note that, if the Ads are cancelled, INNFAMILY is under no obligation to assign the content of the Ads to any Host.
17. OPERATION OF THE RATINGS
At the end of your rental contract in a property managed through INNFAMILY, the Hosts will receive an email from INNFAMILY inviting them to make a rating which will be published on our platform. The Hosts, in turn, will be able to respond to these reviews. INNFAMILY reserves the right to not publish or to delete, without prior notice, the reviews/responses that do not comply with our review policy.
All details https://www.innfamily.com/privacypolicy.
19. APPLICABLE LAW AND DISPUTE RESOLUTION
These Terms and Conditions shall be interpreted in accordance with Spanish law.
Any dispute arising out of this agreement shall be finally settled by arbitration administered by the Spanish Court of Arbitration, in accordance with its Rules and Regulations, which is entrusted with the administration of the arbitration and the appointment of the arbitrator or arbitrators. The seat of arbitration shall be Madrid. The language of the arbitration shall be Spanish.
Guests, Hosts and INNFAMILY agree to accept the outcome of the arbitration award.
20. GUARANTEES FOR INNFAMILY GUESTS
INNFAMILY will in some cases make a Guarantee (the “Guarantee”) available to Guests without the need to be requested or additionally contracted by the Guest.
1. Non-Application of the Guest Cancellation Policy in Cases of Force Majeure. In the event that the Guest cancels a reservation due to Force Majeure as described below, INNFAMILY will not apply the Guest Cancellation Policy and the amount transferred by the Guest to INNFAMILY will be refunded, provided that sufficient supporting documentation is provided, which INNFAMILY will assess at its discretion.
Cancellation by the Host of the reservation within 48 hours of the Check-In Date. In the event that the Host cancels the reservation within 48 hours of the Check-In Date, INNFAMILY will pay the Guest up to 300 euros of accommodation, provided that the following requirements are met, which INNFAMILY will assess at its discretion: (i) Delivery to INNFAMILY of the invoice for the accommodation. (ii) That the accommodation is located in the same location as the Accommodation booked.
Causes of force majeure
1. Serious illness, serious bodily accident or death of the User, first-degree relative, the person designated for the custody of minor children and / or incapacitated.
2. Serious damage to the Lodging.
3. Any other cases that arise suddenly and unforeseeably and are unavoidable to the will of the parties. Included in this category are all those situations that, in accordance with what is described in this clause, prevent the Host from offering its Property for rent and/or the Guest from accessing the reserved Accommodation on the scheduled Check-In Date.
By way of example, but not limitation, these circumstances may include natural disasters, terrorism, security threats at the location of the Accommodation, epidemics and/or outbreak of a disease, travel restrictions as a consequence of any of the above circumstances, among others, the scope of which affects the Host and/or the Guest, as indicated below.
All these cases will be specifically and individually evaluated by INNFAMILY
‘s agents. In the event that the user is in any of these situations, INNFAMILY reserves the right: (i) to request from the user the documentation that, based on the specific circumstances, is deemed pertinent by the INNFAMILY team; and/or, (ii) if applicable, to directly authorize the cancellation of the reservation by the affected party without penalty.
Any decision regarding the above situations will always be defined on the basis of official communications from the relevant authorities at all times.