Host contract conditions
These Contract Conditions establish the terms and conditions applicable to hosts who wish to use our platform as a means to offer and promote their profiles and exchange proposals. By becoming a host on our platform, you agree to comply with these conditions and the provisions established in the service contract.
Our platform provides a space where hosts can present their profiles and exchange proposals to potential travelers interested in them. As a host, you share accommodation, food, financial contract, etc.
It is important that you read these Conditions of Contract carefully before starting to use our services as a host. If you have any questions or concerns about any of the clauses or provisions included in this document, we recommend that you contact our support team before accepting the conditions and continuing with the registration process.
By using our platform as a host, you confirm that you comply with the applicable legal requirements and regulations to offer and promote your exchange experiences to travelers. Additionally, you agree to provide quality services, maintain high standards of security and personal data protection, and act ethically and professionally in all your interactions with travelers.
These Conditions of Contract are supplemented by other legal documents and policies, such as our Privacy Policy and our Legal Notice and Conditions of Use, which you must also review and
accept to ensure a complete understanding of your rights and responsibilities as a host on our platform.
We appreciate your interest in becoming a host on our platform and we hope that this experience is rewarding for both you and the travelers who choose your experiences.
These general conditions have been prepared in accordance with the provisions of Law 34/2002 on Information Society Services and Electronic Commerce, Law 7/1998 on General Contracting Conditions, Royal Legislative Decree 1/2007, of 16 November, which approves the consolidated text of the General Law for the Defense of Consumers and Users and any applicable provisions. Responsible
MARIA AMPARO SEBASTIA RODRIGUEZ
Commercial Name: NOT ONLY AUPAIRS
Address: CALLE SAN JUAN 116 2 PUZOL (VALENCIA) 46530 NIF: 24374375X
This host contract (hereinafter, “the contract”) is entered into between the web platform that connects travelers willing to exchange their language training or other skills for accommodation, food and/or financial compensation with residents of the country, the NOT platform ONLY AUPAIRS
hereinafter referred to as “the platform”, and the host who publishes their exchange proposal on our platform, hereinafter referred to as “the host”.
The objective of this contract is to establish the terms and conditions of the collaboration between the platform and the host, in order to promote and market our service, which consists of facilitating contact between travelers and guests through the display of profiles, allowing evaluate their affinity in different aspects, and facilitating communication between both profiles through a messaging system on the NOT ONLY AUPAIRS platform.
NOT ONLY AUPAIRS provides a promotion and visibility channel for hosts of contact and exchange services, helping them reach travelers to learn their language and/or their knowledge and skills thanks to our platform.
These particular conditions, hereinafter called “the Particular Conditions”, will be considered complementary to the general conditions previously established on our website, hereinafter called “the General Conditions”. Both constitute a binding set of rules and regulations that govern the contractual relationship between the parties involved.
In the event of any contradiction or discrepancy between the Specific Conditions and the General Conditions, the provisions
established in the Specific Conditions will prevail in relation to the specific aspects regulated therein.
Both parties undertake to faithfully comply with all the provisions contained in these conditions and to resolve any conflict that arises in accordance with what is established therein.
Consequently, it is agreed that the Specific Conditions will be interpreted and applied jointly with the General Conditions, forming a complete and legally binding contract between the parties involved.
NOT ONLY AUPAIRS is committed to promoting and advertising the host’s exchange services through its platform and other appropriate marketing channels.
The platform will make tools and functionalities available to the host to manage the search and contact of travelers for exchange services as well as publish the type of accommodation and maintenance that suits the interests of the hosts.
The host will indicate through his profile the characteristics of his proposal, type of accommodation and type of agreement, monthly financial support or the training hours that interest him, as well as any other aspect.
NOT ONLY AUPAIRS undertakes to guide the host who publishes their profile and exchange proposal at all times in optimizing their profile and exchange proposal.
The maximum period for creating the profile is 30 days, starting from the date of signing the contract. Once the profile is complete and reviewed by NOT ONLY AUPAIRS, it will be published and promoted on the platform.
The host agrees to:
the exchange services offered and that they comply with all applicable laws and regulations.
By agreeing to become a host on our platform, you acknowledge and accept these commitments and agree to comply with them at all times.
NOT ONLY AUPAIRS will put the traveler in contact with the host through its platform and will charge the host directly for the publication of their profile.
Hosts are subject to a subscription which may be monthly, quarterly or annually, and the corresponding payment is made through Stripe, Paypal or credit/debit card or other secure and reliable payment processing platforms.
The host agrees to pay the subscription according to the selected frequency (monthly, quarterly or annually). The specific subscription amount and payment details will be provided to the host at the time of subscription, and will be clearly indicated in the checkout process.
Host understands and agrees that subscription renewal will be automatic unless cancellation is requested at a specified time prior to the renewal date. The host is responsible for ensuring that sufficient funds are available in their account and for keeping payment information up to date on the platform.
In the event of non-payment of the subscription, we reserve the right to suspend or cancel the services and benefits associated with the host’s subscription.
Payment information provided by the host will be used solely to process payments related to the subscription and will be treated in accordance with our privacy policy and applicable data protection laws.
Way to pay:
Payment will be made using the payment processing services of Stripe, Paypal or other platforms or credit/debit card.
These payment methods ensure the security and confidentiality of the host’s financial information by using appropriate technologies and security measures to protect payment data.
As a host on our platform, it is your responsibility to pay the applicable fees according to the subscription plan selected. These
fees are necessary to keep your subscription active and continue enjoying the benefits and services provided by our platform.
In the event of non-payment of fees, we will send you a
non-payment notice to the email address associated with your account. The notice will contain detailed information about the amount owed, accepted payment methods, and a deadline for making the outstanding payment.
If payment is not received within the time stipulated in the non-payment notice, we reserve the right to take the following actions:
It is important to note that non-payment of fees may have a negative impact on your host profile and reputation on our platform. We recommend meeting payment obligations in a timely manner to avoid any inconvenience and maintain a positive relationship with travelers and with us as a service provider.
Withdrawal is the right of a consumer of a good to return it within a legal period, without having to plead or give any explanation in this regard or suffer a penalty.
Withdrawal is subject to a series of exceptions, contemplated in art. 103 of the TRLGDCU, in the case of providing services such as those offered on this platform.
The services of publishing host profiles for exchanges are considered services provided digitally and, according to article 103 of the TRLGDCU (Recast Text of the General Law for the Defense of Consumers and Users), there are certain exceptions to the right of withdrawal and cancellation that must be taken into account:
Exception to the right of withdrawal: article 103 of the TRLGDCU establishes that the right of withdrawal will not be applicable to contracts that refer to the provision of services when the
execution has begun, with the express consent of the consumer and user, before it ends. the withdrawal period.
Therefore, by subscribing to our host profile publishing services for exchanges, the execution of these services may begin immediately, as our platform provides immediate access and benefits for hosts. Therefore, in these cases, the right of withdrawal will not apply once the provision of the service has begun.
However, we inform you that, in the event that you decide to exercise your right of withdrawal within the applicable period before the provision of the service has begun, the host may request the corresponding refund according to the conditions established in our policies and terms of service.
Host Cancellation: We understand that unexpected circumstances may arise that force a host to cancel their profile. To ensure transparency and trust in our community, we ask hosts to adhere to the following cancellation policy:
We offer the possibility of requesting a refund of the subscription contracted before publishing a profile, as long as the following conditions are met:
Once the profile has been published it will no longer be possible to request a refund.
The platform acts as an intermediary between travelers and hosts, so it does not assume responsibility for the profiles published by the hosts or travelers or for their quality, safety, legality or suitability.
The platform is not responsible for transactions made between travelers and exchange service hosts. Any agreement, contract or transaction that is carried out is the exclusive responsibility of the parties involved. The platform will not be responsible for any breach, dispute, damage or harm arising from such transactions.
The Platform may allow users to generate and publish content, such as reviews, comments or photographs. The Platform assumes no responsibility for the accuracy, legality, quality or suitability of such content. Users are solely responsible for any content they generate and publish, exonerating the platform from any responsibility in this regard.
The platform excludes any liability for direct, indirect, incidental, special, consequential or punitive damages, including, but not limited to, loss of profits, reputation, data or customers, arising from the use or inability to use the platform or any related service. The platform does not guarantee that its service will be free of interruptions, errors, viruses or other harmful components. The platform will not be responsible for any damage or harm that may result from such interruptions or technical errors, including loss of data, suspension of services or any other negative consequences.
The terms of this agreement contain confidential information and must not be revealed in any case to NOT ONLY AUPAIRS users. Both parties undertake and guarantee compliance with the provisions of the General Data Protection Regulation (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD), as well as
as any other applicable complementary regulation regarding the protection of personal data.
In this sense, the parties agree that all personal data collected, processed or transferred within the framework of this contract will be carried out in accordance with the provisions of the RGPD and LOPD 3/2018, as well as any other relevant regulations regarding protection. of personal data. Both parties undertake to adopt appropriate technical and organizational measures to guarantee the security, confidentiality and integrity of personal data, as well as to respect the rights and freedoms of data owners.
Likewise, both parties undertake not to use the personal data collected within the framework of this contract for purposes other than those established therein, unless the express and prior consent of the data owners is obtained.
In the event that one of the parties fails to comply with the obligations established regarding the protection of personal data, the other party will have the right to take the necessary measures to remedy said failure, including, where appropriate, the early termination of the contract and the requirement of responsibility for damages and losses caused.
The duration of the contract will be annual with automatic renewal. At the end of the 12-month period, NOT ONLY AUPAIRS will renew this agreement under the same conditions
automatically and will notify the host in advance, through the results report, of the automatic renewal.
Either party may terminate the contract with 30 days’ written notice, or NOT ONLY AUPAIRS reserves the right to terminate the agreement and remove the host from its directory in the event that the contracting party fails to comply with any of the the points indicated in the “host obligations” section of this contract.
The termination of this contract will not affect the accumulated obligations and rights.
The contracting party declares, under its exclusive responsibility, that it has all the rights, powers and titles necessary to operate under this contract. The contracting party authorizes the owner of the NOT ONLY AUPAIRS platform, free of charge and during the duration of the contract, to use and reproduce, for the sole purposes of the contract, the advertising material delivered to NOT ONLY AUPAIRS.
The European Commission has created the first European platform for the resolution of conflicts in online commerce covered by the latest consumer law. In this sense, as the person in charge of an online sales platform, I have the duty to inform all clients
about the existence of an online platform for alternative dispute resolution.
To use the conflict resolution platform, the client must use the following link: http://ec.europa.eu/odr, address of the CONTROLLERS provided for in these contract conditions.
These general conditions of use and contract are governed by Spanish law.
These Conditions of Use are subject to the provisions of Law 7/1998, on General Contracting Conditions, Royal Legislative Decree 1/2007, on Consumers and Users, Royal Decree 1906/1999, which regulates Contracting. Telefónica or Electronic, to Law 7/1996, on the Regulation of Retail Trade, and to Law 34/2002, on Information Society Services and Electronic Commerce.
In accordance with article 29 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, contracts concluded electronically in which a consumer intervenes as a party will be presumed to have been concluded in the place where he has his habitual residence.
Electronic contracts between entrepreneurs or professionals and users will be presumed to have been concluded in the place where the service provider is established. In the event of a dispute arising from these general conditions and for the resolution of conflicts, the parties submit, at their free choice, and waiving any other jurisdiction, to the courts and tribunals of the User’s domicile.
